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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 51 Documents
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Peran Ulama Desa Teluk Meku Dalam Menanggulangi Praktik Nikah Siri Joko Satria; Muhmmad Saleh; Diyan Yusri
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

The Siri Marriage legal system in Indonesia does not recognize the term "Siri Marriage" and the like, and does not specifically regulate it in a constitutional regulation. This term is given to marriages that are not registered and are considered to have been carried out without fulfilling the provisions of the law, particularly regarding the registration of marriages as regulated in Law no. 1 of 1974 concerning marriage contained in article 2 paragraph 2 which states that "Every marriage is recorded according to the applicable laws and regulations" all this is done in order to avoid what is called harm. So the role of the Ulama is a figure who has a charismatic aim to broadcast Islam to people's lives so that they carry out God's commands and stay away from God's prohibitions and are highly trusted and make role models by the community to build Islamic civilization so that people's lives are Islamic and consistent with their religion in accordance with Al- Qur'an and Hadith of the Prophet Muhammad and have an impact on the behavior of the social life of the community. Based on this analysis, it can be seen that marriage is not enough just to have an oral contract between the two parties (the prospective groom and the prospective bride), but what is far more important is to record the marriage contract so that valid written evidence can be obtained. . With this evidence, the couple can avoid harm in the future because this written evidence (in the form of a marriage certificate) can legally process various household issues, especially as the most powerful evidence in a religious court.
Peran Pemerintah Dan Ulama Terhadap Tinginya Angka Perceraian Di Kecamatan Stabat Kabupaten Langkat Rasyid Al Madjid
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

Divorce is indeed one of the events that is very scary and has a big impact on the family, especially the husband, wife and children. The causes of divorce also vary, such as failure to communicate, infidelity, domestic violence, economic problems, early marriage, cultural changes, and so on. The purpose of this method is to collect data in a natural setting, therefore it is called a naturalistic method. To achieve this goal, researchers need to go directly to the field to collect data. This type of research method is often used to develop theory and gain understanding of social phenomena. This involves collecting data from natural settings and using the researcher as the main instrument to collect data through observation, interviews and other techniques. Data description is a description of the data used in a study. In testing the description of this data, the researcher tries to find out the description or condition of the respondents who are the sample in this study. As for the factors or reasons for the parties filing a divorce case, there are several factors, the most dominant being the factor due to continuous disputes, economic factors and there are also several other factors such as leaving one of the parties.
Asal Usul Dan Status Keperdataan Anak Akibat Pernikahan Siri (Putusan Nomor 241/PDT.P/2022/PA.STB) Nurmala; Azhar
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

Children are said to be a legitimate child if he or she is born in a valid marriage and is carried out in accordance with religion and belief and has been registered with a marriage certificate official. In this research, this is a case regarding the application for the origin of a child born from a serial marriage where the parents then remarried in a formal manner. Office of Religious Affairs (KUA). The application for the origin of the child aims to obtain the child's identity in the form of a birth certificate. This case was determined by the Stabat Religious Court with case number 241/Pdt.P/2022/PA.Stb. There are three points that are the main focus of this issue, with the aim of knowing the status of children resulting from unregistered marriages according to the provisions of Islamic law, then the decision of the Stabat Religious Court on the origin of children resulting from unregistered marriages as well as the considerations of the Stabat Religious Court Judges in determining the child's origin case. This study uses a qualitative method. Data analysis using descriptive methods. This type of research uses research methods through normative methods with a case approach obtained from secondary legal materials (literature review). Data collection techniques with documentation supported by interviews as validation. The conclusion of this research is that the petition for the origin of the child was granted by the Panel of Judges at the Stabat Religious Court, determining that a child who is 4 years old is a legitimate child, namely a child born in or resulting from a valid marriage and charging all court costs to the Petitioner.
Pembayaran Mahar Secara Cicilan Dalam Perkawinan Menurut Pandangan Imam Syafi’i Yuvira Andini Lubis; Alang Sidek; Suaib Lubis
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

Marriage in Islam is seen as an ideal relationship to unite only men and women, but marriage is a social bond with duties and responsibilities that are obligatory between husband and wife. These two things sometimes become a material and moral burden, especially for men in general. Payment of the dowry can be done according to ability or adapted to the circumstances and customs of the community. The dowry can be carried out or given in cash or debt, whether you want to pay in part in cash and in part in debt. The factors that push the dowry to be owed or paid in installments are economic factors that make the man object, where a prospective husband cannot give it in cash, and the factor that causes the dowry to be owed is that the dowry requested by the woman is too high because the dowry is too high. what he asked for was the dowry he dreamed of. The method used in this research is a qualitative method, namely more emphasis on aspects of in-depth understanding of a problem. Data analysis using descriptive methods. This type of research is normative legal research that examines literature studies, namely research with secondary data (literature review). The results of this research explain that payment of the dowry in installments according to Imam Syafi'i allows the suspension of all or part of the dowry for a known period of time.
Status Nasab Dan Kewarisan Anak Hasil Sewa Rahim Perspektif Majelis Ulama Indonesia Dan Kompilasi Hukum Islam Nadia Septi Pratiwi; Muhammad Habib
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

and the inheritance status of children resulting from renting a womb from the perspective of the Indonesian Ulema Council and the Compilation of Islamic Law. This type of research is normative juridical, where this research is studied using library data in the form of books as the source. The method used in this research is a qualitative method, namely more emphasis on aspects of in-depth understanding of a problem. Data analysis was carried out using descriptive analysis and comparative methods. The results of the research explain that based on the fatwa submitted by the Indonesian Ulema Council, it can be concluded that the law of renting a womb (surrogacy) using a womb other than the wife's womb (for example, another woman's womb) is haram, whereas in the Compilation of Islamic Law to date this has not been specifically discussed in detail. regarding womb rental law. The fate of the practice of renting a womb rests with the mother who carries out the birth process. Because children born to surrogate mothers are considered to be children resulting from adulterous relations, the child's hereditary relationship is linked to the mother who gave birth, not to the biological parents. The inheritance status of children resulting from renting a womb is based on the fatwa of the Indonesian Ulema Council and the Compilation of Islamic Law, strengthened by the legislation in force in Indonesia, so it can be concluded that the inheritance status of children resulting from renting a womb is classified as an unrecognized illegitimate child or a child resulting from adultery, if the mother The surrogate has the status of a widow or maiden, because in inheritance law what causes inheritance between the heir and the heir is the existence of a kinship and marriage relationship, while the child born to a surrogate mother does not have a marital relationship
Efektifitas Mediasi Non Litigasi Dalam Upaya Penyelesaian Permasalahan Keluarga (Studi Kasus Pada Jamaah Tariqat Naqsabandiyah Babussalam Besilam) Ade Kurniawan; Abdullah Sani; Diyan Yusri
Journal Smart Law Vol. 2 No. 2 (2024): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

The problems found in the research location were: Mediation carried out by the people of Babussalam Besilam Village, which was carried out in a non-litigation manner, namely solving household problems by visiting Babussalam Besilam teachers and religious figures who were considered to have knowledge of family jurisprudence so that the mediation process was carried out in a friendly manner and not up to Court. The people of Babussalam Besilam Village carried out mediation by visiting the local Religious Affairs Office, asking for advice and carrying out a mediation process accompanied by BP4 officers, namely a marriage advisory body, as a means for the community to consult about household problems. Based on the problems mentioned above, the researcher proposed research using qualitative research methods through observation, interview and documentation data collection techniques. The results of this research are the effectiveness of problem solving used by mediators in mediating between disputing parties, especially the Tariqat Naqsabandiyah congregation who are experiencing household problems, so one of the effectiveness of the resolution is by taking an approach with the aim of getting results that are acceptable to the parties. who are in conflict, from the case they are facing. The problem solving strategy (Problem Solving) in the mediation carried out in Besilam Village went well and effectively, this was proven by the fact that only one family problem was decided by the court, the rest could be resolved well through non-litigation mediation with traditional leaders and kiyai or caliphs. as the mediator.
Hukum Perceraian Disebabkan Suami Perantau (Analisa Terhadap Kasus Perceraian Di Kecamatan Hinai) Ahmad Akbar; Muhammad Saleh
Journal Smart Law Vol. 2 No. 2 (2024): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

Divorce is part of marriage, because there is no divorce without marriage first. In Islam, divorce is something that is not prohibited, but is an act that is hated by Allah SWT. In the society of Hinai District, divorce has occurred a lot, especially among migrant workers, so that a divorce that occurs among the community is no longer an unusual thing, because there are many factors that trigger divorce in the household. The aim of this research is to analyze divorce laws caused by migrant husbands in Hinai District. This research method uses qualitative research methods (field research). The primary data source was obtained through observation and interviews with the community and the parties concerned who had clear knowledge of the divorce case. Based on the results of research conducted by the author, the author concludes that the divorce law is due to the fact that according to Islam a middleman husband is obligatory if the husband is unable to fulfill his wife's rights and fulfill his obligations as a husband. And it is haram if it harms the husband. This is due to the low level of understanding and knowledge of husband and wife about the meaning of marriage or marriage. As well as the loss of the sanctity of marriage for husband and wife.
Nasab Anak Hasil dari Perkawinan Wanita Hamil Pandangan Majelis Ulama Indonesia (MUI) Kabupaten Langkat M. Arif Maulana Karim; Syahrul Affan; Kamaliah R
Journal Smart Law Vol. 2 No. 2 (2024): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

This research discusses the opinion of the Indonesian Ulema Council (MUI) of Langkat Regency regarding the marriage of pregnant women, the birth status of children from marriages of pregnant women and the protection of these children. The research method used in this research is a descriptive qualitative research method with an empirical approach. The informants in this research were the Indonesian Ulema Council (MUI) Langkat Regency. Data collection uses observation, interviews and documentation. Data analysis by means of data reduction, triangulation and drawing conclusions. The results of the research explain that according to the view of the Indonesian Ulema Council (MUI) of Langkat Regency regarding the marriage of a pregnant woman is permissible, both with the man who impregnated her and with the man who did not impregnate her and the marriage is legal, adultery does not cause mushaharah to be prohibited. The view of the Indonesian Ulema Council (MUI) of Langkat Regency regarding the fate of children resulting from the marriage of pregnant women is that they state that the child is a child resulting from adultery and the treatment of them includes, among other things, children resulting from adultery who do not have a relationship between the child, marriage guardian, inheritance and support with the man who caused it. Apart from that, the birth of a child resulting from adultery only has a relationship of lineage, inheritance and support with the mother and her mother's family. Children resulting from adultery do not bear the sin of adultery committed by the person who gave birth to them. children from such marriages must receive the same treatment as other legitimate children, children of adultery have the right to live, have the right to education, have the right to be cared for by their parents, have the right to receive support from their biological father through a compulsory will and receive inheritance through their mother, by receiving treatment and (non-discrimination).
Pinjaman Online Menurut Hukum Islam Analisa Penerapannya di Kecamatan Tanjung Pura Kabupaten Langkat OK Cut Nurul Mahdalena
Journal Smart Law Vol. 2 No. 2 (2024): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

This research aims to find out the law on online loans in Islamic law, find out the views of the people of Tanjung Pura sub-district towards online loans, and to find out the interest of the people of Tanjung Pura towards online loans. This research is descriptive qualitative research. The respondents in this research were STAIJM Tanjung Pura students. Data collection techniques by means of observation, interviews and documentation. Data analysis techniques are data reduction, data presentation and drawing conclusions. The results obtained from the research carried out include: In online loan contracts such as those found in the Akulaku Application, there is one of the rukun requirements that has not been fulfilled, namely the object of the contract where the loan transaction should not contain elements of usury. And in the contract transaction on the application there is an additional price when returning the loan, there is also a loan discount as an approval fee. So, if you look at the terms and conditions in the Akulaku application between muqrid and muqtarid, it does not fulfill the terms of the contract in Islamic law. Because there are pillars in the form of objects being transacted that have not been fulfilled, the loan transaction should be clear and the conditions are not met. According to the perspective of Islamic law, according to the theory used, this online loan is not valid because one of the conditions of harmony has not been fulfilled. The terms of this pillar are related to the object being transacted. Therefore, the additional or accompanying interest from the credit object in this case is categorized as part of usury. Because loan repayment transactions are accompanied by additional costs.
Hukum Membaca Al-Qur’an bagi Wanita Haid Perspektif Mazhab Hanafi dan Mazhab Maliki (Tinjauan Istihsan) Jamilah; As'ad Badar; Alang Sidek
Journal Smart Law Vol. 2 No. 2 (2024): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

The Qur'an is a special holy book and the word of Allah SWT, the One who created humans and the entire universe. The Qur'an was revealed as a guide that saves humans from the misery of this world and the hereafter. The Qur'an is a holy book from Allah as a guide to life for worshiping Allah Almighty, that gives good news and threats, a holy book that was revealed to the Prophet Muhammad SAW, a book that is holy and guarded, a book that is straight and noble, a guide to life. Teherefore Al-Qur’an should be read, studied and understood by Muslims. In Islamic teachings, there are rules that prohibit a woman who’s menstruating from reading or touching the Qur’an. There are differences of opinion between ‘Ulama regarding the law of reading the Qur’an for menstruating women, some forbid it and some allow it. In this case, there are two Mazhabs whose differences of opinion diverge, namely Mazhab Hanafi and Mazhab Maliki. The type of research used is library research or literature study where data is collected through the process of reading and reviewing primary data sources and other relevant literature. The results of this research show that the Hanafi Mazhab prohibits menstruating women from reading the Qur’an in its entirety, Mazhab Hanafi allows menstruating women to read the Qur’an provided that they only read vocabulary and read with the intention of not reading the Qur’an, such as praying, reciting dhikr and praise Allah. As for the Mazhab Maliki, it’s absolutely permissible for menstruating women to read the Qur’an whether they have previously been junub or not, whether they’re worried about forgetting to memorize it or not and with the intention of reading it or not. Based on istihsan with mashlahah and istihsan with rejection of difficulties and difficulties.

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