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Pelaksanaan Perceraian Pada Masyarakat Muslim Di Pulau Kecil (Studi Kasus Desa Pulau Kampai Kecamatan Pangkalan Susu) Muhammad Hasbi; Muhammad Saleh; Azhar
Journal Smart Law Vol. 1 No. 2 (2023): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Marriage According To Law No. 1 Of 1974 Is An Inner And Outer Bond Between A Man And A Woman As Husband And Wife With The Aim Of Forming A Happy And Eternal Family (Household) Based On Belief In One And Only God. However, In Carrying Out These Ideals, Sometimes A Household Experiences Problems That End In Separation Or Divorce. Then, As A Form Of Upholding Justice For The Indonesian People In Terms Of Implementing Divorce, The Government Has Determined That The Implementation Of Divorce Recognized By The State Is Through A Court Process. Even Though Government Regulations Have Stipulated This, For The Muslim Community In The Small Island Area, The Implementation Of Divorce Is Sometimes Not In Accordance With Existing Regulations, Because Of The Lack Of Transportation Facilities And The Condition Of The Area That Is Far From The Location Of The Judiciary And Also Because Of The Limited Economic Conditions Of The Community. In Addition To This, The Public's Understanding Of The Legality Of Religious Divorce Without Going Through A Judicial Process Has Become One Of The Factors That Has Led To Many Muslim Communities In Small Islands Only Seeing This Regulation As Merely An Administrative Order. Then For The Sake Of Creating Justice For Society And Also Because Of The Importance Of Orderly Administration Of The Status Of Each Resident, There Needs To Be Attention And The Best Solution From All Existing Stakeholders, Be It The Government, Religious Leaders Or The Community Itself.

Pandangan Pengurus Mui Kota Binjai Mengenai Peringatan Hari Wafat Ulama (Haul) Muhammad Rifa'i
Journal Smart Law Vol. 1 No. 2 (2023): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Haul which in Arabic means year, while for the Indonesian people it has a special meaning, namely : a religious activity to commemorate the death of someone who is represented by the guardians, scholars or kiyai. The commemoration of this haul has been ingrained in this beloved land of Indonesia, I don't know when it started and who started it, what is clear is that this warning has become a tradition that is rooted everywhere, without the slightest doubt in those who do it. Until finally, anti-haul groups emerged. This group attacked so fiercely that finally it raised questions and expressions why the ulama were not the Messenger of Allah, even though the Prophet was the only uswah hasanah, the main role model and guide for all humans? To obtain the answer to this question, this study was directed to literature research and interviews with several Binjai scholars. With the aim of knowing the legal views regarding haul warnings from the scholars, whether it is allowed or not. Therefore, the data that has been collected is analyzed qualitatively, namely the type of data in the form of information, both oral and written, which are not numbers. The data is grouped to make it easier to filter which data is needed or not. After grouping the data, the writer describes it in text form, to make it more understandable, after that the writer draws conclusions from the data so that it can provide answers to the research problem.

Kedudukan Anak Dalam Perkawinan Batal Karena Wali Tidak Sah Di Pangkalan Susu Muhammad Syauqy
Journal Smart Law Vol. 1 No. 2 (2023): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Marriage annulment is a request by a husband, wife, or both of their families to the Islamic Courts because a defect in the conditions or pillars of marriage. An annulled marriage declared never occured since the contract took place. This problem occurred in the marriage of Anizar and Joko Prayetno, residents of Sei Siur village, Pangkalan Susu district. The marriage was declared void by several ustadz and KUA officers, because they considered Anizar's father was not qualified as guardian. From these problems, it is necessary to conduct research to find out the review of Marriage Law and Compilation of Islamic Law regarding invalid marriages and status of lineage resulting from invalid marriages. The research was conducted using field research methods with a qualitative approach. Datas were obtained using interview techniques, observation and documentation in the form of Marriage Law and Compilation of Islamic Law, along with supporting data taken from relevant sources such as law books, fiqh books and journals. The datas are then grouped and analyzed. As a result, the marriage of Anizar and Joko Prayetno cannot be said to be invalid because Anizar's father never denied his lineage, so the marriage was valid. Regarding the lineage of the child, the lineage of the child in a void marriage is connected to his parents, and his father is eligible as the guardian.

Problematika Talak Suami Kepada Istri Di Luar Pengadilan (Studi Kasus Talak Di Kecamatan Babalan) Nikman Nashirin
Journal Smart Law Vol. 1 No. 2 (2023): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Divorce is the release of bonds, both of which look like the marriage bond which is the relationship that exists between husband and wife. Divorce is defined in terms that talak is eliminating marriage or reducing its halalness with special words. The problem that occurs is that there is a difference in the Fatwa of the Indonesian Ulema Council that the divorce handed down by a husband against his wife outside the Religious Courts is legally valid, whereas according to the Compilation of Islamic Law and also the law reveals that a divorce is considered to occur along with the reasons were since after the Religious Court was unable to reconcile the two parties. This problem raises questions regarding the law of divorce from husband to wife outside the Court according to the Fatwa of the MUI of North Sumatra Province Number 4 of 2011, then how is the law of divorce from husband to wife outside the Court according to KHI, and what are the legal consequences of divorce outside the Religious Court. From these questions, research needs to be done to answer them. The research was conducted by collecting primary data in the form of Fatwa MUI of North Sumatra Province Number 4 of 2011 and KHI, as well as secondary data taken from books, theses, journals and websites related to this research. As a result, according to the Fatwa of the North Sumatran MUI, divorce outside the court is legal and must submit an isbat divorce to the Religious Court so that the divorce is registered. Meanwhile, from the KHI side, with the regulation regarding divorce only falling in the Court, there should be no more conflict regarding the non-falling of divorce outside the Religious Court session.

Suntik TT (Tetanus Toksoid) Yang Dijadikan Syarat Administrasi Nikah Ditinjau Dari Konsep Maslahah Mursalah Sri Utami Widia Ningsih
Journal Smart Law Vol. 1 No. 2 (2023): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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In marriage, the bride and groom must fulfill several conditions, both requirements according to Islamic law and administrative requirements in the Office of Religious Affairs (KUA). One of the administrative requirements is to attach a certificate of TetanusToxoid injection obtained from the local Health Center. There is no clear legal provision regarding the obligation to inject Tetanus Toxoid in Islamic law, because the ingredients for the tetanus vaccine are not known to be halal and haram, so it is also necessary to know what the opinion of the clergy regarding vaccines is used as a condition for administering marriage. The administration of the Office of Religious Affairs (KUA) is strongly encouraged to inject Tetanus Toxoid, even if the bride and groom do not injectTetanus Toxoid as evidenced by a Tetanus Toxoid certificate they will be subject to sanctions. That's why in writing this scientific work it is also necessary to know the legal status of the Tetanus Toxoid injection which is used as a requirement for marriageadministration in terms of the Maslahah Mursalah concept. The research method used is library research (Library Research) on Tetanus Toxoid injection which is used as a requirement for marriage administration in terms of the Maslahah Mursalah concept.From the data that has been collected, it is then analyzed using the Usul Fiqh approach because this scientific work includes the arguments and thoughts of the Fukaha, and in thinking or drawing conclusions it uses a deductive thinking method. From the results o this study it was concluded that Tetanus Toxoid injections that have not been regulated inthe terms of Islamic law and are required in the administrative requirements of marriage have a positive impact on the bride and groom. Even though the ingredients of the tetanus vaccine are initially harmful to the body, after going through a neutralization process with insulin, then the harmful ingredients become disease barriers or drugs as immunity. So that such a desire creates Maslahah and keeps mafsadat away from humans. Meanwhile, in terms of Maslahah Mursalah, Tetanus Toxoid injections aim to protect wives from contracting tetanus when having sex with their husbands, anticipating wives who giv birth from tetanus due to less sterile equipment, and protecting babies from contracting tetanus when cutting the umbilical cord possibly due to lack of sterility of the tool or exposed to dirt that is not cleaned immediately

Analisis Fatwa Mui Sumatera Utara Tentang Penjualan Kulit Hewan Kurban Di Kelurahan Pekan Tanjung Pura Ade Irza Zuliansyah; Ahmad Sanusi Luqman2
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Sacrifices are offered as a form of taqarrub to Allah, that is, to get closer to Him. Sacrifice is an animal that is slaughtered on Eid al-Adha and tasyriq days. At the time of slaughter, the ownership of the victim is lost. Therefore, it is forbidden to sell qurbani skins, as the MUI of North Sumatra has decreed. As happened in Pekan Tanjung Pura sub-district, in several prayer rooms the committee did not distribute sacrificial skins. The reason is because in that area it is difficult for the recipients of the sacrificial meat to process the sacrificial skin. Therefore, they sell the sacrificial skins to gravel workers or ox skin traders, and the proceeds from the sale are used by the committee or put into the mushalla treasury. From these problems, it is necessary to conduct research related to the sale of sacrificial animal skins in the Pekan Tanjung Pura Village, and an analysis of the North Sumatra MUI Fatwa on this sale. This study aims to determine the practice of selling sacrificial animal skins in the Pekan Tanjung Pura Village, as well as knowing the contents and analysis of the NS MUI fatwa regarding the sale of sacrificial animal skins. The type of research used is field research with a qualitative approach. The data were collected using interview and observation techniques, with primary data coming from interviews with the qurban committee and NS MUI fatwa, supported by secondary data coming from books and fiqh books. Furthermore, the data is then organized, synthesized, arranged into patterns, and concluded. The results of the research are: first, NS MUI in its fatwa forbids the sale of sacrificial animal skins; second, the committee considers the sale of sacrificial animal skins to be khilafiyah and may be sold; third, the sale of sacrificial animal skins at Tanjung Pura Week is illegal based on the NS MUI Fatwa.

Hak Nafkah Istri Dan Anak Yang Dilalaikan Suami Studi Kasus Masyarakat Desa Sanggalima Kecamatan Gebang Rizkia Farhani
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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The results of the research conducted show that the causes of husbands neglecting their right to provide for their wives and children are due to three main causative factors. The first reason is that her husband has an affair or a third person in his household life. Husbands begin to neglect the right to support their wives and children because they share with their mistresses. Gifts for their children have also decreased considerably and attention to their families has diminished. The second cause is that the husband is involved in drug abuse in the form of drugs, one of which is methamphetamine, which is the common enemy of this nation. The husband has neglected the right to a living for his wife and children because of his involvement in drugs. Many wives have been neglected by their husbands because of the abuse of illegal drugs in the form of narcotics. Husbands no longer give maintenance rights to their wives and children because the money they earn is used up to buy these illicit goods. This is of course very dangerous for the lives of their families and children because it threatens the future of the family, especially their children. It is very important for the family to stay away from these drugs because it will plunge the user into crime. The third problem that causes husbands to neglect their right to support their wives and children is the low income earned by husbands. the factor of the small income of the husband who works as a casual worker is one of the reasons for the small income that his husband gives. Sometimes even sometimes there is no right to provide a living because there is no income. The integrity of the household is very important for the respondent because it maintains the good name of the family. Respondents were also embarrassed when they got divorced because they were classified as old and should have been wiser in fostering a household relationship. Fostering a household must be able to position itself as a wise parent and build a family by setting a good example for their children. She still accepts the right to subsistence that her husband neglected and she is willing to participate in earning a living to meet the needs of her family. The husband's obligations should be fulfilled properly and the key is that the husband must be persistent and enthusiastic in fulfilling a living for his family because that is a worship in the sight of Allah

Implementasi Harta Gono Gini Secara Hukum Islam Menurut Pandangan Masyarakat Desa Sangga Lima Kecamatan Gebang Yuni Lestari; Asâ€™ad Badar
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Scholars' studies on gono-gini have given rise to the opinion that gono-gini assets can be included as qiyas as syirkah. Mutual assets can be equated or classified into syirkah assets, namely assets accumulated during marriage must be divided proportionally in the event of a divorce. Wealth can be classified as qiyas with syirkah because it is understood that a wife can be counted as a working partner (share), even though she does not directly work in the real sense. The view of Islamic law allows a marriage agreement to be held before the marriage is carried out in the form of merging personal property of each into joint property, it can also be stipulated regarding the combination of the results of the private property of each husband and wife and it can also be stipulated that there is no merging of private property of each property. with husband and wife. Article 37 Law no. 1 of 1974 concerning Marriage and Articles 96 and Article 97 of the Compilation of Laws, it is stated that if a marriage is broken up either by divorce or by death, each husband and wife will receive half of the joint assets acquired during the marriage. This provision is in line with the Indonesian Supreme Court Jurisprudence No. 424.K/Sip.1959 dated December 9, 1959 which contains a legal abstraction that in the event of a divorce, each party (husband and wife) gets half of their joint property (gono-gini).Respondents conducted interviews regarding the divorce has been carried out through the mechanism of the religious court. However, there is no discussion of the division of joint assets during divorce in court so that the process of sharing joint assets is carried out with each other's understanding without a court process so that one party is still dissatisfied but they do not take steps to settle it in a religious court. After there was no common ground, one of the respondents submitted a request to the religious court for the distribution of joint assets, but at the time of the research, there was no court decision because the court was still handling the process regarding the distribution of the house currently occupied by his ex-wife. Community leaders interviewed by researchers who work as the teacher provides good knowledge regarding the distribution of assets going back and forth because of his education and experience seeing the conditions of the surrounding community. He explained that joint property is property acquired after marriage and must be divided according to the provisions of each half of the property. Meanwhile, inherited assets cannot be divided because they are assets acquired prior to the marriage and are fully the rights of each, unless there is a prior agreement.

Tradisi Pecah Kendi Pada Masyarakat Suku Jawa Di Kecamatan Brandan Barat Ramadhani Fahlevi
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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One of the customs in marriage in Indonesia, namely in Javanese traditional weddings, one of the series of wedding ceremonies in the customs of this tribe is Pecah Kendi. The custom of Pecah kendi is a culture of the Javanese ethnicity which continues to be maintained and preserved. As happened in the village of Sei Tualang, Brandan Barat District, the meaning of breaking a jug is to open the door of sustenance for those who do it. The tradition of breaking kendi in this village has taken root, especially for Javanese people who are getting married. The breaking of the jug is carried out after the marriage ceremony is held when the bride and groom meet (nemokkan). From this background, it is deemed necessary to conduct research related to the tradition of breaking the jug in marriage, especially regarding the practice that occurred in Sei Tualang Village, Brandan Barat District. This study aims to determine the tradition of breaking the jug at marriage in Sei Tualang Village, Brandan Barat District, the background of this tradition, and the Langkat MUI's opinion regarding it. The type of research used is field research with a qualitative approach. The data were collected using interview and observation techniques, with primary data sourced from interviews with the Langkat MUI, supported by secondary data sourced from relevant studies. Data analysis is done by organizing data, synthesizing, compiling into patterns, and making conclusions. The results of his research are: first, the tradition of breaking a jar in Brandan Barat District uses certain materials and stages which all have meaning; second, the roots of this tradition are the reason why this tradition cannot be separated from weddings; third, the Langkat MUI allows this tradition if it does not conflict with sharia, and prohibits it if it does.

Perlindungan Anak Dalam Jamaah Tabligh Desa Perlis Perspektif Undang-Undang Perlindungan Anak Muhammad Randa Randa; Syahrul Affan; Kamaliah R
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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As a da'wah community that upholds the mission of amar ma'ruf nahi mungkar, members of the Tablighi Jamaat in Perlis Village preach by carrying out khuruj or leaving their hometown to another village, even abroad with the aim of upholding sunnah and jihad fisabilillah.. When a husband commits Khuruj, sometimes does not provide maintenance for months. Obligations such as providing for a wife and children are abandoned, even though children have needs that must be met by their parents. From these problems, it is necessary to conduct research related to child protection from the point of view of the Tablighi Jamaat and the Child Protection Act. This study aims to find out the condition of the Tabligh Congregation in Perlis Village, their opinion regarding child protection and a review of the Child Protection Law against it. The type of research used is field research with a qualitative approach. The data were collected using interview, observation and documentation techniques, with primary data from interviews with members of the Tablighi Jamaat and the Child Protection Act, as well as secondary data in the form of books, journals and expert opinions. These data are then collected, grouped, and analyzed. The results of the research are: first, the Tabligh Congregation in Perlis Village has existed for quite a long time, namely since before 2007; secondly, Members of the Tabligh Jamaat in Perlis Village are of the view that earning a living for children and family is still mandatory, but khuruj is more important than earning a living; third, the neglect of children as stated in the Law is very likely to occur in Jamaah Tabligh children in Perlis Village, because within the Jamaah Tabligh community there are various groups from low, middle to high economic class

Home Page

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Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Muhammad Ilham

Contact Email
muhammadilhampba1@gmail.com

Phone
+6285331244040

Journal Mail Official
smartlawjournal@gmail.com

Editorial Address
Jln. Binjai No. 99 Kelurahan Pekan Tanjung Pura Kec. Tanjung Pura Kab. Langkat, Sumatera Utara

Location
Kab. langkat,

Sumatera utara

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Muhammad Ilham

Contact Email muhammadilhampba1@gmail.com

Phone +6285331244040

Journal Mail Official smartlawjournal@gmail.com

Editorial Address Jln. Binjai No. 99 Kelurahan Pekan Tanjung Pura Kec. Tanjung Pura Kab. Langkat, Sumatera Utara

Location Kab. langkat, Sumatera utara INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Muhammad Ilham

Contact Email
muhammadilhampba1@gmail.com

Phone
+6285331244040

Journal Mail Official
smartlawjournal@gmail.com

Editorial Address
Jln. Binjai No. 99 Kelurahan Pekan Tanjung Pura Kec. Tanjung Pura Kab. Langkat, Sumatera Utara

Location
Kab. langkat,

Sumatera utara

INDONESIA