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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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Pandangan Kantor Urusan Agama (KUA) Kecamatan Tanjung Pura Kabupaten Langkat tentang Hukum Mengqadha Sholat yang Ditinggalkan dengan Sengaja Karena Mengikuti Prosesi Adat Perkawinan (Studi Kasus Masyarakat Islam di Kecamatan Tanjung Pura Kabupaten Langka Muhammad Haikal Syahputra; Ahmad Sanusi Luqman; Suaib Lubis
Journal Smart Law Vol. 2 No. 2 (2024): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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This research discusses the opinion of the Tanjung Pura District Office of Religious Affairs (KUA) regarding the law regarding brides making up for prayers that were intentionally left behind because they were following a traditional wedding procession. The research method used in this research is a descriptive qualitative research method with an empirical approach. The informants in this research were the Tanjung Pura District Religious Affairs Office (KUA), the bridal couple who were making up for the prayer, traditional leaders and the community. The research results explain. The form of the traditional Malay wedding procession in Tanjung Pura District uses the traditional Malay wedding procession which consists of many activities including: escorting the bride and groom, reciprocating rhymes, offering dances, barzanji marhaban, plain flour, eating before and exchanging halls and giving gifts. Factors that cause brides and grooms to take part in the traditional wedding procession in Tanjung Pura District include because it has become a tradition, has become a family agreement, has become the bride's dream and so that the wedding party becomes more lively. The factors that cause the bride and groom to abandon their prayers are that the bride and groom are busy following a very long traditional procession, as well as knick-knacks that are difficult to remove and wear a second time for the reason of maintaining good manners when at the wedding they are not allowed to go anywhere. Ilat) to make up prayers. The opinion of the Tanjung Pura District Office of Religious Affairs (KUA) is that making up the prayer for the bride and groom who carry out the traditional Malay wedding procession is not legalized because carrying out the traditional marriage procession does not receive a rukhsah because the qadha prayer is a rukhsah, where the rukhsah is a relief or way. the exit that Allah gives someone in certain conditions such as sleeping, war, travel, illness and so on.
Batalnya Perkawinan Karena Tidak Adanya Izin Poligami (Analisis Putusan Pengadilan Agama Nomor 1859/PDT.G/2021/PA.STB.) Muhammad Rizqi Iqbal; Sudianto; Muhammad Habib
Journal Smart Law Vol. 2 No. 2 (2024): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Marriage has no time limit, marriage must be eternal, unless due to something outside the wishes of the parties. The causes of dissolution of marriage ties are: Life Divorce, Death Divorce, Marriage Cancellation. The research approach used by researchers in this research is normative theological and normative juridical. The method used in this research is a qualitative method. Research using qualitative methods is research that tries to understand phenomena in their natural settings and contexts (not in the laboratory) where the researcher does not attempt to manipulate the observed phenomena. This research was carried out by reading and analyzing various existing literature, in the form of the Al-Qur'an, hadith, statutory regulations and laws contained in the compilation of Islamic Law, as well as the results of previous research. This research concludes that a marriage is invalid and can be annulled if it does not meet the requirements of a marriage, in this case an annulment of the marriage can only be carried out. Cancellation of a marriage in Islamic law is called fasakh which means to destroy or annul. Fasakh according to the language means damaged, void. Void is the destruction of the law that has been established for a person's practice, because it does not meet the requirements and harmony. In the marriage annulment law, it is regulated in Law number 1 of 1974 concerning marriage, contained in articles 22 to 28. In decision number 1859/Pdt.G/2021/Pa.Stb. It was found that a second marriage where the husband did not have permission from the first wife obtained through a religious court was in accordance with statutory regulations that could apply for an annulment of the marriage if the marriage requirements were not met.
Dampak Penyalahgunaan Narkotika Terhadap Perceraian di Kabupaten Langkat (Studi Putusan Pengadilan Agama No. 1512/Pdt.G/2022/Pa.Stb) Putri Rahayu
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 impact of narcotics abuse on divorce, especially in Langkat Regency. This type of research is Library Research, 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, which emphasizes the quality and descriptive understanding of the decision. The author's approach is to use a juridical-normative approach by looking at legal objects related to laws. The legal materials used are primary legal materials and secondary legal materials. The management of legal materials is carried out in a deductive manner, namely drawing conclusions from a general problem to the concrete problems faced. The results of the research show that the main causes of divorce in the Stabat Religious Court are continuous disputes and quarrels that cannot be resolved amicably and the lack of harmony between husband and wife which is triggered by the influence of narcotics abuse which has an impact on the attitude, behavior and actions of a husband towards wife, children and family. This causes divorce.
Tanggung Jawab Ayah Terhadap Nafkah Anak Setelah Perceraian dalam Tinjauan Hukum Islam dan Undang-undang Nomor 35 Tahun 2014 tentang Perlindungan Anak (Studi Kasus di Kelurahan Cengkeh Turi Kecamatan Binjai Utara) Rizki Pratama; Azhar
Journal Smart Law Vol. 2 No. 2 (2024): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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This study aims to determine the implementation of fulfilling child support after parental divorce in Cengkeh Turi Village, North Binjai District. The formulation of the problem proposed in this study is: What is the father's responsibility for providing for his child after a divorce occurs in Cengkeh Turi Village, North Binjai District. What legal measures can be taken by the mother (father) to carry out his responsibility in providing support for his child after this occurs divorce in Cengkeh Turi Village, North Binjai District. What is the impact on fathers who do not provide for their children after divorce in Cengkeh Turi Village, North Binjai District in terms of Law Number 35 of 2014 concerning Child Protection and the Compilation of Islamic Law. This research is empirical legal research, with data collection through literature study and interviews with respondents who are the custodians of the child. To analyze the research results, a statutory regulation approach and a sociological approach are used based on what actually happens in people's lives. The results of this study show that the implementation of fulfilling child support after parental divorce in Klaten Regency has not been fully implemented well. This is caused by the family's economic factors and this factor is the cause of a large number of divorces. In fact, in terms of providing maintenance, it is the father's responsibility, even after a divorce, because this has been stated in the Court Decision and must be implemented; and if the Court Decision is not implemented, then efforts can be made in the form of submitting a request for implementation of the decision to the Religious Court and providing a warning letter to the party who does not implement it. This research provides suggestions, namely the need to disseminate information to the public regarding the efforts made to fulfill their rights in Court Decisions, because there are still many people who do not know this, and this results in their rights not being fulfilled.
Pemberian Nafkah Suami kepada Istri Perspektif Hukum Islam dan Hukum Positif Sandra
Journal Smart Law Vol. 2 No. 2 (2024): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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This research discusses the provision of husbands to wives according to the perspective of Islamic law and positive law and then examines the similarities and differences. This research is library research, namely research carried out using literature, reading and taking notes and processing research materials in the form of books, notes, journals and the internet. The research results explain the position of alimony according to Islamic law, namely that alimony is the husband's priority in meeting the family's primary needs. The legal basis for livelihood is found in the Al-Qur'an, Hadith and Ijma'. The husband's obligation to provide for his wife's needs according to Islamic law is to fulfill household needs in terms of clothing, food and shelter. Positive law explains that living is provided on the basis of rights and obligations that have been fulfilled. The positive legal basis in Law no. 1 of 1974 concerning marriage and the Compilation of Islamic Law. explains the husband's obligation to support his wife, which explains the obligation to provide support both physically and mentally and provide adequate housing for his family and according to their abilities. The similarity in giving a husband a living to his wife according to Islamic law and positive law is that the living is borne by the husband even though the wife has an income. The difference is that according to Islamic law the level of living has been determined and positive law does not explain the level.
Metode Al-‘Urf Dalam Menyimpulkan Hukum Islam Muhammad Yusril; Dhiauddin Tanjung
Journal Smart Law Vol. 2 No. 2 (2024): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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This research discusses al-'urf which is one of the bases for making laws in the Islamic religion. Al-'urfini takes the law from something that is familiar to society, which has become a habit and is integrated into their lives, whether in the form of actions or words. Of course, without violating the basic teachings of Islam contained in the Koran and al-Sunnah. The method used is qualitative research with a liberal research approach. Researchers conducted literature searches through various sources such as scientific journals, books, articles and other related publications. The results of the research show that the al-'urf method of Islamic law can be familiar, grounded and accepted in the midst of a pluralistic society, without having to abandon its basic principles. An examination of this concept is also an answer for contemporary Muslim thinkers who often push for reform of Islamic law through the mechanism of deconstructing Islamic law and adapting it to the principles of human rights.
Ayat-Ayat Makkiyah Dan Madaniyah Dalam Al Quran Milhan
Journal Smart Law Vol. 2 No. 2 (2024): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Makkiyah and madaniyah Qur'an verses are one of the objects of study in Al-Qur'an science. Because understanding and studying the asbabun nuzul verse is very important to understand in order to know the purpose or intent of the verse revealed by Allah SWT. This study is also very influential and is a requirement to be able to become an interpreter of the Koran in order to be able to understand the context of the verses. The method used is qualitative research with a liberal research approach. Researchers conducted literature searches through various sources such as scientific journals, books, articles and other related publications. The results of the research show that there are three opinions from ulama regarding makkiyah and madaniyah, namely first, based on the place where a verse was revealed. The second is based on the exclamation or mukhotob of the verse. Third, based on the time of descent. By understanding the place or event where a verse was revealed, we can increase our belief in Allah SWT. that the Koran is the word of Allah.
Nikah Misyar Perspektif Yusuf Qardhawi Dan Dosen Prodi Ahwal Syakhshiyah STAI Jam’iyah Mahmudiyah Tanjung Pura Deny Ramadhany
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Marriage is one of the Islamic laws to protect oneself from adultery, and aims to build a family that is sakinah, mawaddah, warohmah. However, as time goes by, more and more women are choosing careers until they are past the ideal age for marriage, whereas as a normal woman she still has lust and needs to channel it, so the misyar marriage emerged. Misyar marriage is a marriage where the woman is willing to give up some of her rights and not live at home with her husband. There are several opinions of scholars regarding misyar marriage. There are scholars who forbid it, such as Sheikh Muhammad Nashirudin Albani, Ali Qurah Daqi, Wahbah Zuhaili and Abdul Sattar Jubali, and there are those who make it halal, one of whom is Yusuf Qardhawi. Because of this debate, the author felt interested in conducting research on misyar marriage from the perspective of Yusuf Qardhawi and Lecturers in the Ahwalus Syakhsiyah Study Program at STAI Jam'iyah Mahmudiyah Tanjung Pura because as teaching staff in the field of Islamic law, of course they really understand Islamic law. The results of the research explain that Yusuf Qaradawi is of the opinion that misyar marriage is permissible because the conditions and pillars have been fulfilled, and a woman is allowed to give tanazul (relief) from some of her rights and at the same time honor and guard against slipping into the act of adultery. Lecturer at the Ahwal Syakhshiyah Study Program at STAI Jam'iyah Mahmudiyah Tanjung Pura is of the opinion that misyar marriages are haram because they are not in accordance with Islamic law and the laws in force in Indonesia. In a misyar marriage, the husband does not give rights that the wife must accept, while in Islam the rights and obligations between husband and wife are regulated in such a way and must be carried out. The opinion chosen is the opinion of the Ahwal Syakhshiyah Study Program Lecturer at STAI Jam'iyah Mahmudiyah Tanjung Pura who forbids misyar marriage seeing that the dangers are greater than the benefits. Also remember that marriage is not just about fulfilling biological desires. There is a lot that must be done to become a family that is sakinah, mawaddah, wa rahmah as the goal of marriage.
Hukum Istibdal Harta Benda Wakaf Menurut Ulama Syafi’iyyah Dan Ulama Hanafiyyah (Studi Kasus Istibdal Harta Benda Wakaf Masjid Menjadi Rumah Potong Hewan Qurban Di Desa Teluk Bakung) Shafiatul Muna
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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The aim of the research is to understand the Istibdal law for waqf property from mosques to become sacrificial slaughterhouses in Teluk Bakung Village according to the opinion of Syafi'iyah and Hanafiyah. The method used is qualitative research with a liberal research approach. Researchers conducted literature searches through various sources such as scientific journals, books, articles and other related publications. The research results show that Imam Al-Nawawi (Shafi'iyyah School) prohibits the sale or replacement of waqf assets, namely Istibdal. He is of the opinion that waqf assets should be allowed to be used until they are completely used up. Imam Al-Sarkhasi (Hanafiyyah School) allows the Istibdal of waqf assets to spend the waqf by borrowing. This policy focuses on the maslahah aspects that accompany this practice. According to Hanafiah, istibdal can be done by anyone, whether the waqif himself, other people or judges. This permission is without choosing the type of property donated, whether it is land that is inhabited (managed), unoccupied (not managed), movable (manqul), immovable (iqar). There are differences of opinion between the two Imams above. In the opinion of Imam Al-Sarkhasi, istibdal of waqf assets is permissible if maslahah occurs and is permissible conditionally. Imam AlNawawi's opinion also does not justify istibdal because he understands the text of the hadith that waqf property cannot be bought and sold, inherited and exchanged. Istibdal waqf mosque property becomes a slaughterhouse among followers of the Shafi'iyyah school of thought is not permitted
Peran Keluarga Inti Sebagai Hakam Dalam Penyelesaian Syiqaq Perspektif Maqashid Syariah (Studi Kasus Desa Cempa) Yunita Wati; Azhar
Journal Smart Law Vol. 3 No. 1 (2024): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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This research is motivated by the occurrence of syiqaq in Cempa Village which was resolved non-litigation by the nuclear family who became the peacemaker (hakam). There are three points that are the focus of this problem, with the aim of knowing the factors causing syiqaq in Cempa Village, then the role of the nuclear family as hakam in resolving syiqaq in Cempa Village and a review of maqashid sharia in resolving syiqaq according to the MUI of Langkat Regency. This research was conducted using a field research method with a qualitative approach. The data were obtained using interview, observation, and documentation techniques. Data analysis using a descriptive method. The conclusion of this study is that the way the nuclear family resolves syiqaq in Cempa Village, Hinai District is by calling both husband and wife who experience syiqaq, then providing positive views and advice so that they do not continue their intention to divorce. Therefore, it is very necessary to have the right resolution and solution by reminding couples and families who are in polemics and feuds not to forget the pure purpose of a marriage, which includes creating a family that is sakinah, mawaddah, and Rahmah as the benefits of a marriage. And eliminating various things that cause harm that can result in harming and destroying a marriage.

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