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Muhammad Ilham
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Journal Smart Law
Published by Peduli Riset dan Pengabdian Masyarakat
ISSN : -     EISSN : 29630991     DOI : -
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Other
Smart Law Journal (JSL) Is a journal for types of scientific publications in the field of sharia science and Islamic law. The field of sharia in question is more about the development of sharia muamalah between Muslims which is related to the development of the use of sharia law and etiquette in Indonesia. The submitted manuscript is the result of original research, literature study, and related legal issues being studied/experienced. This journal is published twice a year (March and September).
Arjuna Subject : Umum - Umum
Articles 12 Documents
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Search results for , issue "Vol. 3 No. 1 (2024): September" : 12 Documents clear
Gugurnya Izin Poligami Pengadilan Agama Stabat Perspektif Maqashid Syariah (Telaah Putusan Pengadilan Agama Stabat Nomor 1630/pdt.G/2023/PA.Stb) Metanur Fazri
Journal Smart Law Vol. 3 No. 1 (2024): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

it is feared that someone will commit an act that violates Islamic law, which of course will violate the maqashid sharia. This study aims to determine the ins and outs of the Religious Court Decision Number 1630/pdt.G/2023/PA.Stb, the basis for decision making and its relationship from the perspective of maqashid sharia. The method in this study is descriptive qualitative with a case approach. The data collection method is by observation, interviews, and documentation. The author conducted data analysis and processing using deductive analysis. The results of the study explain the case of the Religious Court Decision Number 1630/Pdt.G/2023/PA.Stb, which is an application for a polygamy permit submitted by a 33-year-old fish collector who wants to remarry a widow from Malaysia. The applicant has completed the required documents, such as sufficient income and a letter of permission from his first wife, in accordance with applicable legal provisions. The applicant expressed his concern that he would commit acts prohibited by religion because he often went to Malaysia and met his prospective second wife. This is one of the reasons for applying for a polygamy permit. The judge's basis for deciding the Religious Court Decision Number 1630/Pdt.G/2023/PA.Stb which dismissed the polygamy permit application was the consequence of the applicant's absence after the failed mediation process. Although the applicant's substantive reasons for polygamy are acceptable according to law and sharia, negligence of legal procedures is the main reason for the dismissal of this application. This shows the importance of the applicant's consistency and seriousness in following the trial process until completion. The relevance of the religious court decision number 1630/Pdt.G/2023/PA.Stb which dismissed the application for a polygamy permit from the perspective of maqashid sharia is that the decision to dismiss the application for a polygamy permit was based on the absence of the Applicant in the trial process. The judges are of the opinion that maqashid sharia requires cooperation from both parties, but the absence of the applicant hampers the assessment process for this aspect. The dismissal of this application was decided not because of rejection, but due to absence which resulted in the failure to achieve the objectives of maqashid sharia.
Tinjauan Hukum Islam Mengenai Kriteria Memilih Calon Pasangan Hidup (Studi Kasus pada Mahasiswa Prodi Hukum Keluarga Islam STAI Jam’iyah Mahmudiyah Tanjung Pura Alifiyah Amanda
Journal Smart Law Vol. 3 No. 1 (2024): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

Choosing a life partner is the first stage that must be passed before marriage. Lessons about marriage including choosing a life partner have been taught especially to students of the Islamic Family Law Study Program. This study aims to determine the views of students of the Islamic Family Law Study Program at STAI Jam'iyah Mahmudiyah Tanjung Pura regarding the criteria for choosing a prospective life partner and then reviewed according to Islamic law. The research method used in this study is a qualitative research method that is descriptive in nature with an empirical approach. The informants in this study were final year students of Islamic Family Law Study Program, Head of STAI Jam’iyah Mahmudiyah Tanjung Pura and Head of Islamic Family Law Study Program. Data collection used observation, interviews and documentation methods. Data analysis by means of data reduction, triangulation and drawing conclusions. The results of the study explain the factors that are considered in choosing a life partner for students of the Islamic Family Law Study Program, STAI Jam'iyah Mahmudiyah Tanjung Pura, including religious and piety factors, economic factors and family background factors, equivalence (kufu'), physical appearance, physical and mental health, parental and family blessings with the most important factor being religious factors. The criteria for choosing a prospective life partner according to students of the Islamic Family Law Study Program, STAI Jam'iyah Mahmudiyah Tanjung Pura are divided into two, for female students the criteria are men of the same religion, men who are strong in their religion, men who are ready to lead a household, men who are able to finance their lives, diligent in working, have a gentle and loving attitude, are patient, fair and wise, honest and trustworthy and are willing to learn and improve themselves to be better. For male students the criteria are: pious women, beautiful, fertile women, virgins (not widows), knowledgeable and able to educate children and those who are not close relatives. The views of students of Islamic Family Law Study Program of STAI Jam’iyah Mahmudiyah Tanjung Pura regarding the criteria for choosing a prospective life partner are that the majority of students have demonstrated a comprehensive understanding and are in accordance with Islamic law.

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