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Mitsaqan Ghalizan
Published by Universitas Muhammadiyah Palangkaraya
ISSN : -     EISSN : 29642191     DOI : https://doi.org/10.33084/mg
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Mitsaqan Ghalizan is a Scientific Journal managed by the Department of Islamic Law (Al Ahwal Al Syakhsiyah), Faculty of Islamic Studies Universitas Muhammadiyah Palangkaraya, and published twice a year (in June and December) by the Institute for Researches and Community Services Universitas Muhammadiyah Palangkaraya, contains articles of research and critical analysis studies in Al Ahwal Al Syakhsiyah (Islamic Law) and another field related.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 45 Documents
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DERADIKALISASI: UPAYA PEMERINTAH SEBAGAI PEMANGKU KEBIJAKAN DALAM MENJAGA PERDAMAIAN NEGARA MENURUT PERSEKTIF FIKIH JIHAD: DERADICALIZATION: GOVERNMENT EFFORTS AS POLICY MAKERS IN MAINTAINING COUNTRY PEACE ACCORDING TO THE PERSPECTIVE OF FIKIH JIHAD Muhammad Hasbi; Akhmad Vijaini; Soraya Parahdina; Hilma Maulida
Mitsaqan Ghalizan Vol. 2 No. 1 (2022): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v2i1.5153

Abstract

Terrorism problem in Indonesia is one of the main problems that caught a serious attention from government. Series of a terror incidents so far show that there is a serious problem that has not solved yet to be fixed. Indonesia in the report of Global Terrorism Index (GTI) 2023 is ranked 24th from 163 countries that get most affected by terrorism with the total 638 incidents since 2000 until 2020. The terrorism action can endanger the security of nation and state. The consequence of that action are lost a life, a suspicion towards a particular race or religion, break up the nation's unity, damage physically and mentally, and raises fear in the society because the feel of threatened by the presence of terrorists. To deal with terrorism and radicalism, the government implements a program which known as deradicalization under National Counter Terrorism Agency (BNPT). With the deradicalization as the coaching program which aimed to change the terrorism convicts' radical character creates the expectation from public to the government in eradicating terrorism crime.
HIKMAH LARANGAN NIKAH MUT’AH (KAWIN KONTRAK) PERSPEKTIF HUKUM ISLAM: THE WISDOM OF THE PROHIBITION OF MUT'AH MARRIAGE (CONTRACT MARRIAGE) PERSPECTIVE OF ISLAMIC LAW Yuli Hermawati; Muhammad Abdul Malik
Mitsaqan Ghalizan Vol. 2 No. 1 (2022): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v2i1.5273

Abstract

This journal article discusses mut'ah marriage or often called contract marriage which aims to explain and discuss mut'ah marriage from an Islamic perspective and the law of mut'ah marriage. This research is motivated by the large number of people who enter into contract marriages which are very detrimental to the woman. The purpose of this research is that I, as the writer and the readers, are able to understand and know more about mutah marriage so that no one else does it because apart from being prohibited in Islam, mutah marriage is very detrimental to themselves as well as to both parties and their offspring. This research is also conducted so that we can be more motivated in implementing and studying other Islamic laws as well. The method used in this study is the library research method. Every religion has laws and rules that should be used as examples and guidelines in the life of Mut'ah marriage. The law is Haram, which has been explained in the Al-Quran and Hadith. Readers are also able to do something rationally
PEREMPUAN BERHADAPAN DENGAN HUKUM PADA PERKARA CERAI GUGAT DALAM PERSPEKTIF IBNU QAYYIM: WOMEN FIGHTING WITH THE LAW IN DIVORCE CASES IN THE PERSPECTIVE OF IBNU QAYYIM Soraya Parahdina; Rahimah Tul Sa’dah; Akhmad Vizaini
Mitsaqan Ghalizan Vol. 2 No. 1 (2022): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v2i1.5274

Abstract

A woman who faces a law on a judicial divorce get a change of her right as a wife after the divorce. There are some arrangements about the right that woman gets when her husband divorce her as in QS. Al-Ahzab [33]: 49, QS. Al-Baqarah [2]: 236, and QS. Al-Baqarah [2]: 241. The husband must give mut’ah to the wife he divorced. As well as the arrangement in the Islamic Law Compilation, it only applies to the husband who divorces his wife and he must give mut’ah and nafkah iddah. However, for the divorce case whether it is in Al-Qur’an, the majority of ulama’s opinion, or the Islamic Law Compilation do not explain about it. Yet, as the time goes by, it is also affected by the changes of the situation in society, then the arrangement to accommodate the right after the divorce for judicial divorce is created. This article attemps to discuss about the relevance problem of Ibnu Qayyim’s opinion to the issue of the woman who faces a law on the judicial divorce case. The result of the research shows that Ibnu Qayyim’s theory about the changes of the law is very relevant to the problem that the writer takes.
HILAH SYAR’IYYAH MEMBAGI HARTA WARISAN SEBELUM MENINGGAL DUNIA: HILAH SYAR'IYYAH DIVISION OF INHERITANCE BEFORE THEIR DEATH Syahrin Ramadhana; Muhammad Ihsan; Muhammad Fathullah
Mitsaqan Ghalizan Vol. 2 No. 1 (2022): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v2i1.5275

Abstract

Inheritance is sometimes a problem that is not easy. Even though the division is actually very easy because the terms are clear. Many people then do the distribution of inheritance before death because they are worried that if the distribution of inheritance after death, the heirs will be in disagreement, and it is not uncommon to result in the breaking of friendship ties between them. Researchers want to analyze related to the theory of hiyal or hilah which is used in hilah syar'iyyah to divide inheritance before death. This study uses a qualitative method approach, with the primary source being books about hilah, while the secondary sources are books and books that help to analyze the problems in this research. In fact, the implementation of inheritance distribution is also related to the practice of hilah. In several areas in South Kalimantan, for example, it was found that some wealthy people distributed inheritance when they were still alive, known as living inheritance. There are several legal views regarding hilah in dividing inheritance before death
PERNIKAHAN DINI DALAM TINJAUAN HUKUM ISLAM DAN PSIKOLOGI: EARLY MARRIAGE IN A REVIEW OF ISLAMIC LAW AND PSYCHOLOGY Ahmad Habibi
Mitsaqan Ghalizan Vol. 2 No. 1 (2022): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v2i1.5276

Abstract

This paper examines how early marriage is a phenomenon that is currently common in Indonesia. The analysis carried out in this paper is to examine the perspective of Islamic law and the psychological perspective of early marriage. The purpose of marriage is according to Islamic teachings and the goodness of the parties directly interested, and on the basis of "maslahah mursalah". Psychology sees that early marriage is not just an age limit for humans. Because early marriage is more accurately described as young marriage. This reason is more related on issues of non-physical development, both biological development and psychological development (emotional, cognitive and social)
NAFKAH MADIYAH ANAK DALAM PERSPEKTIF MASLAHAT MURSALAH NAJMUDDIN AT-THUFI: MADIYAH CHILDREN'S FEEDBACK IN THE PERSPECTIVE OF MASLAHAT MURSALAH NAJMUDDIN AT-THUFI Muhammad Syafqy Abda; Nor Habibah; Ahmad Mursyada
Mitsaqan Ghalizan Vol. 2 No. 2 (2022): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v2i2.5410

Abstract

Nafkah Madhiyah for children in Religious Court's lawsuits now has different legal provisions. It were initially declared inviolable then now became opened for accusations thence provides opportunities for children to get these rights. The child's livelihood is the responsibility of a father, as contained in the Qur'an and regulated in the Marriage Law. There are several opinions of scholars that abolish the child's middle income, as well as the Supreme Court Jurisprudence Number 608/K/AG/2003 which states that basically Madhiyah's income cannot be sued because the child's income is Lil' Intifa, namely to take benefits, not Lit Tamlik or to be owned. Then the negligence of a father who does not provide a sustenance for his child or Nafkah Madhiyah maintenance cannot be sued, but with the legal breakthrough contained in SEMA No. 2 of 2019 which states that the child's Nafkah Madhiyah can be asked. This paper attempts to see the relevance of the SEMA with the maslahah mursalah put forward by Najmuddin at-Thufi.
PENYELESAIAN SENGKETA EKONOMI SYARIAH WANPRESTARSI SECARA NON LITIGASI BAIK YANG DIATUR HUKUM POSITIF, HUKUM ISLAM DAN HUKUM ADAT: RESOLUTION OF NON-LITIGATION SHARIA ECONOMIC DISPUTES WHICH IS REGULATED POSITIVE LAW, ISLAMIC LAW AND CUSTOM LAW Muhammad Siraji; Ichwan Ahnaz Alamudi
Mitsaqan Ghalizan Vol. 2 No. 2 (2022): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v2i2.5411

Abstract

This research is motivated by the birth of Law No. 3 of 2006 on the amendment of Law No. 7 of 1989 on religious courts that have added authority to the religious courts in the field of sharia economics. Researchers want to know what are the ways to resolve economic disputes Sharia default in non-litigation both regulated punishable poitif, Islamic law and customary law. This research is a type of literature study or in the world of law is called juridical-normative legal research. This study shows that alternative dispute resolution with non-litigation model has several types and parts, including positive law such as Alternative Dispute Resolution, arbitration, and settlement of Sharia economic disputes through consumer institutions. Among them is the religion of peace and Justice.
FENOMENA CHILDFREE PERSPEKTIF KONSEP MASLAHAT SAID RAMADHAN BUTHI: CHILDFREE PHENOMENA PERSPECTIVE OF THE MASLAHAT CONCEPT OF SAID RAMADHAN BUTHI Nida Nuriah
Mitsaqan Ghalizan Vol. 2 No. 2 (2022): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v2i2.5413

Abstract

Every married couple who gets married definitely has the goal of having children in the hope of being the successor to the family. However, along with the development of the times, a person or couple chooses to make the decision not to have children or childfree. The decision certainly raises polemic and also debate in society. From the childfree phenomenon, the author attempts to analyze childfree actions from the perspective of the Maslahat sa'id Ramadhan Al-buthi concept. Said Ramadhan al-Buthi is a Syrian scientist in the field of Islamic religious sciences and is also a very prolific writer. Al-buthi limits the use of the concept of benefit more systematically. The limitations are first, that maslahat is still within the scope of syari' goals (Maqashid al-Syar'iyyah). Second, it does not conflict with the Qur'an. Third, it does not conflict with as-sunnah. Fourth, it does not conflict with qiyas, and fifth, it does not conflict with higher benefits. If the childfree phenomenon in marriage is analyzed based on the perspective of Said Ramadhan Al-buthi's maslahat concept, then this action shows a conflict with the three points of maslahah put forward by Al-buthi namely Maqasyid As-Syari'ah, Al-Qur'an, and Hadith
ESENSI JAMINAN FIDUSIA DAN RAHN DALAM PELAKSANAAN EKSEKUSI JAMINAN KEBENDAAN: THE ESSENCE OF FIDUCIARY COLLATERAL AND RAHN IN THE EXECUTION OF MATERIAL COLLATERAL Gina Andriyani; Ichwan Ahnaz Alamudi
Mitsaqan Ghalizan Vol. 2 No. 2 (2022): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v2i2.5414

Abstract

The background of economic development in Indonesia includes sectors related to business activities carried out by business people who will always hold back the flow of developing consumptive needs by requiring guarantees to fulfiil the credit facilities provided. This paper discusses the problem in the form of collateral execution if the debtor defaults, both by law and Islamic law. This study used the library research method and used a normative appoarch with a juridical approach. Based on the results of this paper, it can be concluded that the implementation of the execution of fiduciary guarantees based on the fiduciary guarantees act, has a new perspective in its implementation and has similarities with rahn according to Islamic law which can be combined with rahn tasjily in material guarantees
KONSEPSI HARTA BENDA DALAM PERKAWINAN: CONCEPTION OF PROPERTY IN MARRIAGE M Elmi
Mitsaqan Ghalizan Vol. 2 No. 2 (2022): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v2i2.5422

Abstract

Overcoming property related to marriage is a discussion that has always been interesting from time to time. The concept of joint property, inherited property or what is often referred to as gono-gono-equity property is a phenomenon that seems to have no end. Islamic law is here to provide a universal concept to be implemented in the concept of property in books. This research is a normative legal research based on literature review by reviewing the literature that discusses the concept of property in marriage. The results of this study indicate that Gono gini in Islam actually does not exist. However, with the existing phenomena, Islam is still able to answer the law of joint property or what we know as gonogyny. Islam still allows the existence of joint property. In fact, Islam allows ta'lik before marriage to facilitate the distribution of joint assets if separation occurs later. Wealth must be utilized as best as possible while still paying attention to Islamic rules. In disputes, assets are used to meet family needs for the benefit of all family members. If the assets are more then our reward is donating or donating to third parties

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