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LP2M Institut Agama Islam Abdullah Said Batam INSTITUT AGAMA ISLAM ABDULLAH SAID BATAM Komplek Institut Agama Islam Abdullah Said Batam Batu Aji, Batam, Kepulauan Riau 29422
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INDONESIA
Jurnal Cerdas Hukum
Published by Institut Agama Islam Abdullah Said Batam
ISSN : 29642809     EISSN : 29642019     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Education Law, Crime, Criminology & Criminal Justice
Jurnal Cerdas Hukum ini merupakan terbitan ilmiah berkala bidang ilmu hukum. Jurnal ini diterbitkan oleh Fakultas Hukum Islam Institut Agama Islam Abdullah Said Batam sebagai media publikasi pemikiran, gagasan maupun hasil penelitian dalam berbagai bidang hukum yang dilakukan oleh para akademisi serta praktisi hukum
Arjuna Subject : Ilmu Sosial - Hukum
Articles 38 Documents
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PARADIGMA ISLAM WASATHIYAH SEBAGAI STRATEGI MENJAGA KEHARMONISAN KEHIDUPAN BERBANGSA DAN BERNEGARA Irwansyah; M. Sidik
JURNAL CERDAS HUKUM Vol. 1 No. 1 (2022): NOPEMBER 2022
Publisher : LPPM-IAI BATAM

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Abstract

Indonesia is a country with the most diverse levels in the world. Since the beginning, the Indonesian people have realized that this diversity will be a very frightening specter if it cannot be knitted properly. With this awareness, Indonesia's founding fathers then formulated a national philosophy with the term Bhineka Tunggal Ika, meaning that different is still one. and thus, it is undeniable that Indonesia's diversity is often the trigger for conflicts here and there. Especially if the conflict propaganda being played is labeled with religion. As it is known that in Indonesia, there are several religions that have been inaugurated by the government, and Islam is one of them. As the religion with the largest number in Indonesia and the world, the true existence of Islam in Indonesia is very positive. However, it is undeniable that in the midst of a moderate and compassionate ummah, there are actually a number of hardline numbers surrounding it. In fact, these hard-line groups often campaign for their understanding that is contrary to the regulations and provisions of this nation. For this reason, the birth of the wasathiyah Islamic paradigm is a relevant solution to dispel the movements that are played by a number of hard-line groups in Indonesia. And this study concludes that the wasathiyah Islamic paradigm is a very relevant paradigm in the midst of current globalization. and a peaceful, cool and prosperous national life can be bridged through the implementation of the wasathiyah Islamic paradigm.
ANALISIS UNDANG-UNDANG PERKAWINAN NOMOR 1 TAHUN 1974 DALAM PENETAPAN WALI Muhammad Sibawaih; Rasfiudin S
JURNAL CERDAS HUKUM Vol. 1 No. 1 (2022): NOPEMBER 2022
Publisher : LPPM-IAI BATAM

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Abstract

Research on the analysis of guardians in marriage according to the law or positive law is very important to be studied comprehensively. This is because the matter of marriage in principle is also regulated in the rules of Islamic religious law. The results of this study will later see how the position of marriage guardians for women in the review of legislation, especially Law no. 1 of 1974 concerning Marriage. And who is the guardian referred to by Law no. 1 of 1974. This research uses normative juridical or research that prioritizes data reference to library documents. Normative method approach and literature review in this study. It also focuses on finding the legal basis for guardianship in Law no. 1 of 1974. The results of this study indicate that the guardian referred to in Law no. 1 of 1974 is the same guardian in the perspective of Islamic law, the guardians include father, paternal grandfather, biological brother, biological uncle, biological cousin, sultan or judge, guardian who is appointed directly by the bride who want to get married.
SAB’ATU AHRUF DAN KONTRIBUSINYA DALAM PENGEMBANGAN ILMU AL-QUR’AN Halimatus Adiah; Rika Afrida Yanti; Irwansyah
JURNAL CERDAS HUKUM Vol. 1 No. 1 (2022): NOPEMBER 2022
Publisher : LPPM-IAI BATAM

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Abstract

Al-Qur'an was revealed with Sab'atu ahruf or in its harfiyah it means Al-Qur'an was revealed with seven letters. And this is one of the important studies to comprehend the substance and essence contained in the Qur'an in a comprehensive manner. However, the scholars di(ffered in the meaning of the sab'atu ahruf. In fact, the difference of opinion among the scholars was almost forty differences of opinion. This, of course, caused controversy both among Muslims as well as among Orientalists. From these differences, the orientalists made arguments among them to debate the authenticity of the Al-Quran as the holy book that comes from Allah SWT. Apart from that, the Islamic ummah also has questions regarding the meaning of the sab'atu ahruf. Why are there differences of opinion that are quite contrasting in interpreting it, and what is the true meaning of the sab'atu ahruf. Departing from this description, this paper will focus on seeing the meaning and substance of the sab'atu ahruf. And we will also see how the urgency of the existence of this sab'atu ahruf is to enrich the knowledge of understanding and interpreting the content and substance contained in the Al-Qur'an, from the side of the meaning of sab'atu ahruf. The method used is by referring to a review of books or literature as data collection materials and analysis tools used in completing this writing.
PERKAWINAN BEDA AGAMA DALAM PRESPEKTIF HADITS Lukman Hakim; Irwansyah; Wahyu Safitri
JURNAL CERDAS HUKUM Vol. 1 No. 1 (2022): NOPEMBER 2022
Publisher : LPPM-IAI BATAM

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Abstract

The phenomenon of interfaith marriage in Indonesia today is increasingly difficult to contain. Because the District Court in Surabaya has given its blessing and legalized interfaith marriages. Indeed, this phenomenon occurs, but until now interfaith marriages continue to occur. Although previously the legislation regarding marriage already existed. Only the prohibition of interfaith marriage has not been determined explicitly. The prohibition of interfaith marriages is only contained in the Compilation of Islamic Law (KHI) articles 40 and 44. Unfortunately, these two articles were weakened by the government by giving legal legitimacy through the Supreme Court Decree Number: 1400 k/Pdt/1986. Apart from that, Islamic law also has a big role to play in examining interfaith marriage laws, because marriage cannot be separated from religious rules. Based on these problems. So the focus of this research is how interfaith marriages in the perspective of Hadith. This study uses library research methods (library research). If examined in the hadith, there is no textual hadith that prohibits interfaith marriages. It's just that there is one piece of hadith that substantially instructs the Ummah of the Prophet Muhammad to pay attention to the quality of prospective husbands and prospective wives. This proposition is correlated with the concept of sadd dzariah and fiqh rules which sound dar'ul mafasid maqoddamun alajalbil masolih. So interfaith marriage in the perspective of hadith, the law is haram.
IMPLIKASI REVIVALISME ISLAM DI INDONESIA Rasfiudin; Rionaldi
JURNAL CERDAS HUKUM Vol. 1 No. 1 (2022): NOPEMBER 2022
Publisher : LPPM-IAI BATAM

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Abstract

Islamic revivalism is a contemporary idea and thought that seeks to restore the glory of Islam. This movement emerged against the background of the decline that occurred in the Islamic world in almost all lines. In addition, the internal and external problems of the Islamic ummah are also a fundamental reason why this revivalism is present and has become a fairly intense discussion in the midst of the world community and especially the Muslim community. This revivalism appears in various Islamic countries, so that the forms of revivalism movements that occur in each country have their own differences and characteristics. Likewise in Indonesia, the revivalism movement in Indonesia began to emerge and develop along with the times and social demands. The revivalism movement in Indonesia is in the form of a political party platform and some uses a social organization platform. For this reason, this paper will try to look at the opportunities and challenges for the development of the revivalism movement in Indonesia. And what are the implications of the revivalism movements in Indonesia
ANALISIS PENERAPAN HUKUM KELUARGA ISLAM DI ARAB SAUDI Sunoto; Azmil Fauzi Fariska
JURNAL CERDAS HUKUM Vol. 1 No. 1 (2022): NOPEMBER 2022
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Abstract

In all aspects of life, Saudi Arabia formulates its country's rules based on the Qur'an and hadith, including regarding family law. In its development, Islamic countries throughout the world are required to maintain the rules of Islamic law. But on the other hand, the era of globalization is forcing Islamic countries to reform some rules that intersect with family law in their respective countries. The desire of Muslims to maintain and apply Islamic law in their country is very logical. Because Muslims believe that their religious rules have comprehensive teaching values. This paper will look at how Saudi Arabia maintains Islamic family law in its country in the midst of the current swift currents of globalization. The results of this study show that Islamic family law in Saudi Arabia still maintains the Hambali school as the main school in referring to the rules of family law in Saudi Arabia. In its implementation, marriage law in Saudi Arabia still adheres to uncodified law. In general, countries that still apply uncodified law as the legal basis for marriage in Muslim countries, the contract refers to the madzahb books that they adhere to. And those who carry out these rules are in the hands of scholars or religious institutions that are authorized by the kingdom or state. In the context of Saudi Arabia, the institution that has the authority to carry out and supervise the application of the family law is the mufti institution.
TINJAUAN FIQH MUNAKAHAT TERHADAP PERKAWINAN TUNAGRAHITA Irwansyahlubis; M. Sidik; Zenal Setiawan
JURNAL CERDAS HUKUM Vol. 1 No. 1 (2022): NOPEMBER 2022
Publisher : LPPM-IAI BATAM

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Abstract

Marriage is the desire and desire of every human being. And the Prophet Muhammad was very proud of his people who got married. And let the person you want to marry is a healthy and fertile person. However, no one knows the fate of a person, that not a few people are also suffering from mental retardation and disabilities and so on, or in today's terms called mental retardation. Although people who suffer from mental retardation do not recover from their illness. So that does not mean his heart closed his desire to get married. Because even though they have disabilities and retardation, if their minds are still normal, it can be ascertained that they still want marriage to occur at least once in their life. In general, Islamic law does not prohibit marriage for people who are mentally handicapped or mentally retarded. Because even in the munakahat fiqh review, marriage is said to be valid if the terms and pillars of marriage that have been agreed upon by the ulama are carried out and implemented. On the other hand, if the pillars and requirements are not fulfilled, even though the bride and groom are normal, then the marriage is considered null and void.
HARMONISASI PANCASILA DENGAN AGAMA DALAM PRESPEKTIF HUKUM ISLAM Irwansyahlubis; M. Sidik; Muhammad Sibawaih
JURNAL CERDAS HUKUM Vol. 1 No. 1 (2022): NOPEMBER 2022
Publisher : LPPM-IAI BATAM

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Abstract

The discourse on religion and Pancasila State is actually a classic theme, but it is still relevant as a topic for academic and theological studies. That's because of the variety of schools of thought that develop in seeing the correlation between religion and the state. The first school said that religion and the state are two different entities, so they cannot be equated. And other schools consider that religion is a complete teaching. His teachings have collected the values ​​of life, including the teachings of politics and the state. This school concludes that the concept of the State does not need to be confused with the concepts that already exist in religion. Paradigm differences in interpreting the correlation between religion and the state ultimately lead to wild and varied interpretations. So that the view of both of them raises various poles of views and different paradigms. Meanwhile, the results of this study show that it is undeniable that the two are indeed different entities. But in practice the two are an inseparable unit. Each other has affiliation and complements each other, especially for harmony in religious and state life. Even in Islamic law, there are no boundaries between religion and the state. In fact, Islamic law focuses on the love of the State. And the essence of Pancasila in its most fundamental principle has similarities with the Islamic religion. For this reason, religious leaders and other figures should participate in campaigning for love for the homeland, this can be done through the da'wah pulpit or other forums. Both using the Islamic perspective and with other perspectives.
EKSISTENSI ILMU HUKUM DALAM TINJAUAN KAJIAN EPISTEMOLOGI FILSAFAT Irwansyahlubis; M. Sidik
JURNAL CERDAS HUKUM Vol. 1 No. 1 (2022): NOPEMBER 2022
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Abstract

Law science is one of the scientific studies whose position and existence are still questioned today. Not a few of the legal experts question the position of legal science as a coherent and fundamental scientific instrument in legal studies. The same question also comes from social scientists, they participate in providing criticism and questions about the existence and essence of legal science. Even so, the existence of legal science as a science is true. Law science itself has its own characteristics, legal science has different characteristics when compared to other sciences in general. Characteristics that become a sign in the science of law include, being normative, practical and prescriptive. Even so, the dynamics that occur in the existence of legal science are still so sticking out until now. So it is very relevant if this paper is presented in the form of a scientific study using a philosophy of science approach. In order to see how the actual existence of law science is, as well as what law science looks like. And the methodology used in this paper is to use literature review. And the theoretical use is to use the epistemology from the branch of philosophy of science
METODE IJTIHAD IMAM ABU HANIFAH DAN IMAM MALIK Irwansyahlubis; Halimatus Adiah; Muhammad Sibawaih
JURNAL CERDAS HUKUM Vol. 1 No. 1 (2022): NOPEMBER 2022
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Abstract

Along with the times and technology. As well as the increasingly rapid socio-cultural changes that are increasingly complex on all fronts. So it has major implications for Islamic law in this world. This is marked by the many problems that arise in the midst of the Islamic community. Some of the problems that arise still require ijtihad formulas to determine their legal status. Meanwhile, the Messenger of Allah is no longer there, and the revelation has also been sent down. To find the formulation of Islamic law on issues that have not been determined by law in the Qur'an and hadith. And it is not found in the ijtihad fatwas of contemporary scholars. Then came the ijtihad. As one of the methods used by mujtahid scholars in formulating these contemporary Islamic legal issues. And this method of ijtihad had been carried out during the time of the Prophet and during the time of the Prophet's companions. And the more complex the problem is, the more competent scholars are born who have the competence to perform ijtihad. Among them are Imam Hanafi and Imam Malik. And after being examined, each of these scholars has quite a different model of ijtihad. Imam Abu Hanifah based his thoughts and models of ijtihad on the Koran, sunnah, ijma', qiyas, and istihsan. While Imam Maliki in developing ijtihad, is guided by several sources, namely the Koran, sunnah, ijma', qiyas, qaul shahabi, madinah expert charity, mashalih mursalah, istishab, syaddudz dzari'ah, and syar'u man qablana.

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