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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 50 Documents
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HAK CERAI BAGI PEREMPUAN DAN FAKTOR PENYEBABNYA: DIVORCE RIGHTS FOR WOMEN AND CAUSING FACTORS Fadillah, Rahmat; Syahruji, Syahruji
Mitsaqan Ghalizan Vol. 3 No. 1 (2023): 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.v3i1.5449

Abstract

The phenomenon of lawsuits for divorce in Indonesia is increasing from year to year. Laws and regulations also accommodate divorce rights owned by a wife. This is also in line with Islamic law which also substantially provides the right to file a lawsuit. This study uses a normative-juridical approach, namely an approach that is guided by laws and regulations, theories, and concepts. The results of this study indicate that women also have the right to divorce, but based on strong reasons, and these reasons are in accordance with applicable law, especially Islamic law. As for why the reason appears in the household ark is due to several factors. One side of the reason for the high number of contested divorces cannot be separated from the better understanding of women regarding their rights as wives in the household. The main factors that are the reasons for wives to carry out divorces are disharmony, husbands not fulfilling their obligations (including the economy), persecution, moral crises, interference from third parties, and unhealthy polygamy. Besides that, several other reasons are not dominant.
PERLINDUNGAN HAK ANAK DAN PENCEGAHAN PERILAKU AMORAL: PROTECTION OF CHILD RIGHTS AND PREVENTION OF AMORAL BEHAVIOR Huda, Ali Anhar Syi’bul; Abdillah, Muhammad Torieq; Prasetia, Trenadi; Vizaini, Akhmad; Soleh, Ridwan M
Mitsaqan Ghalizan Vol. 3 No. 1 (2023): 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.v3i1.5450

Abstract

This study aims to determine the contribution of science, such as education and law, in overcoming immoral behavior in the educational world. This study uses qualitative research methods with literature reviews. The results of this research indicate that immoral behavior in education occurs as a result of weak supervision, irresponsibility between different parties in the educational world and religious teaching in learning as a form of overcoming. In fact, the violence in schools is a national problem that must be stopped as it is an attempt to uphold the rights of children as stated in the Child Protection Act. On the other hand, when dealing with immoral behavior that occurs in students, the teacher has the freedom and authority to punish educational behavior. Sanctions can consist of reprimands and/or warnings, both verbally and in writing, but also pedagogical punishments in accordance with the education rules, the teacher's code of ethics and laws and regulations.
STUDI PEMIKIRAN KH. SALIM MA’RUF TENTANG ‘ÂRIYAH, RAHN, WADÎ’AH DALAM RISÂLAH MU’ÂMALÂT: STUDY OF THOUGHT KH. SALIM MA'RUF ABOUT 'ÂRIYAH, RAHN, WADÎ'AH IN THE RISÂLAH MU'ÂMALÂT Sauqi, Muhammad; Ulfah, Mariya; Masdian, Masdian
Mitsaqan Ghalizan Vol. 3 No. 1 (2023): 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.v3i1.5451

Abstract

This research is motivated by the thoughts of K.H. Salim Ma'ruf on Islamic economics in the treatise mu'âmalât which discusses 'âriyah, rahn, wadî'ah. However, he did not mention the arguments and 'illat law, this is of course different from most of the scholars who state the arguments and 'illat law for their opinion. In fact, the inclusion of the arguments and 'illat law is important to know the clarity of the law. What's more, in his treatise there is an opinion that is different from the opinion of other Shafi'iyyah scholars, whereas he does not explain the legal basis or his 'illat. Therefore the focus of this research is What are the arguments and 'illat underlying the thoughts of K. H. Salim Ma'ruf 'âriah, wadî'ah, rahn in the Risâlah Mu'âmalât and How is the istinbath method used by K. H. Salim Ma'ruf 'ariah, wadî'ah, rahn in the treatise mu'âmalât. The method used according to its type is literature review and is classified as legal philosophy research because the focus of study in this research is legal thinking. The results of the study show that K. H. Salim Ma'ruf's Islamic economic thought regarding âriyah, rahn, wadî'ah in the Risâlah Mu'âmalât is based on the Koran and hadith, besides that he also cited several fiqh books which were used as the basis, namely, "Nihayat al-Muhtaj by Muhammad bin Ahmad bin Hamzah Ar-Ramli, Mugni Al-Muhtaj Ila Ma'rifah Ma'ani Al-Faadz Al-Minhaj by Khotib Syarbini. Minhâj at-Thâlibin by Imam an-Nawawi.
‘URF’ DALAM PERNIKAHAN ADAT BANJAR PERSPEKTIF ABDUL WAHAB KHALLAF: 'URF' IN BANJAR CUSTOM MARRIAGE PERSPECTIVE ABDUL WAHAB KHALLAF Jinan, Muhammad Sakinul; Hidayah, Mahroji; Wardah, Safiah
Mitsaqan Ghalizan Vol. 3 No. 1 (2023): 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.v3i1.5452

Abstract

The procession of the wedding ceremony is a ritual that has become a custom in the Banjar community. There are several stages in marriage in the Banjar community, such as basuluh, dadang, bapaayuan, baantar patalian, balarangan, bamandi-mandi, batamat Qur'an, prostration and bailangan. However, in Banjar custom at each stage there are symbols, tools and beliefs that are believed to protect the bride and groom, sometimes there are even tools, symbols and beliefs that are considered to deviate from religious rules and if not implemented can result in negative things for the bride and groom. But in taking (Istinbath) customary Islamic law can be used as a proposition or a method known as Urf. The traditional Banjar wedding procession cannot be separated from custom, so this article looks at adat from the perspective of banjar marriage in taking law through urf by looking at the perspective of Abdul Wahab Khallaf.
IMPLEMENTASI QIYAS PERSPEKTIF PEMIKIRAN IBNU HAZM ( STUDI KASUS KEKERASAN TERHADAP ORANG TUA ): QIYAS IMPLEMENTATION OF IBNU HAZM'S PERSPECTIVE THINKING (CASE STUDY OF VIOLENCE AGAINST PARENTS) Maulidi, Nur Fadiilah
Mitsaqan Ghalizan Vol. 3 No. 1 (2023): 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.v3i1.5453

Abstract

This study aims to see and study the extent to which acts of violence are committed by children against their parents, as well as how attitudes should be taken to avoid acts of violence as Muslims in the qiyad theory from the perspective of Ibn Hazm's thought. With a literature review approach, and using the collection of theories from journals, e-books, and the internet. Until this study resulted in the conclusion that there are many cases of violence perpetrated by children against parents in Indonesia, there are general factors that are the cause, including the economic crisis, pressure from the environment, stress, even to the point of being caused by it from the start. their parents did not give proper treatment to their children since childhood. Therefore, this article can help open everyone's minds, especially parents, that the need to implement early education from parents to their children is very much needed. Parents must educate, teach, and instill Islamic moral values, so that children can avoid bad behavior that will cause problems in the future. And conversely he will have noble character, always bring positive auras both within the family itself and even living in society in the future
PERAN PEMERINTAH MELINDUNGI USAHA RITEL TRADISIONAL DALAM PANDANGAN HUKUM EKONOMI SYARIAH Najwan Fabian; Rabiatul Adawiyah; Fajrul Ilmi; Muhammad Syarif Hidayatullah
Mitsaqan Ghalizan Vol. 3 No. 2 (2023): 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.v3i2.5543

Abstract

This study aims to determine the role of the Banjarmasin city government in protecting traditional retail businesses and to analyze it in view of sharia economic law and also to find out the obstacles faced by the Banjarmasin city government in protecting traditional retail businesses. This research is a field research (field research) with a qualitative approach and using interviews and documentation methods. The results of research conducted by researchers indicate that the government has protected traditional retail businesses in the city of Banjarmasin, so that they continue to run well, several ways are carried out by providing services provided by the government, namely conducting guidance to business actors in work programs and also facilitating by providing capital assistance by the principle of cooperation and the principle of interest-free money loans through banks that have collaborated with the Banjarmasin City Cooperative Service. So in the view of sharia economic law, the loan should be interest-free, because it is a qardh contract that is social in nature where the existence of interest makes it a ribawi transaction. Then the obstacles faced by the Banjarmasin City government in protecting traditional retail businesses lie in the lack of ASN human resources which will have an impact on reducing the composition of the resulting performances, lack of data from the traditional retail business actors themselves, most traditional retail business actors are aged and business actors who are not intend to move forward.
HUKUM PENODAAN AGAMA PERSPEKTIF FIKIH, PERUNDANG-UNDANGAN INDONESIA, DAN HUKUM INTERNASIONAL Gusriawan Sholehudin Wahid; Muhammad Murtadha Asyrafi; Ismail Ismail; Achmad Abdi Ilhami; Muhammad Torieq Abdillah
Mitsaqan Ghalizan Vol. 3 No. 2 (2023): 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.v3i2.6315

Abstract

This research aims to determine the views of Islamic jurisprudence, Indonesian legislation, and international law regarding religious blasphemy law. This research is normative legal research with a comparative and statutory approach. The results of this research show that there are differences in sanctions for blasphemy between Islamic jurisprudence, Indonesian legislation and international law. Fiqh views that the law on blasphemy can lead someone to become an apostate because it endangers the religion and its followers. Indonesian legislation views the law on religious blasphemy depending on the existing offense with legal consequences, such as the death penalty, imprisonment, imprisonment, fines, imprisonment, and even the revocation of certain rights. In international law, such as in Israel and Malaysia, punishment is given in the form of imprisonment or a fine for blasphemy of any religion, in contrast to Pakistan which applies the death penalty for blasphemy against Islam
KEDUDUKAN FATWA DSN DALAM TATA HUKUM NASIONAL Ichwan Ahnaz Alamudi; Ahmadi Hasan
Mitsaqan Ghalizan Vol. 3 No. 2 (2023): 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.v3i2.6317

Abstract

The Sharia economy grows in line with the demands of the Muslim community, which wants an economy that competes with the capitalist economy. Of course this struggle is not as easy as turning your palms. Political, sociological, huokum struggles also colored the emergence of regulations that banks Shariah in Indonesia. With the system of non-Islamic states, it must be difficult for the sharia banking to conduct transactions in accordance with the law of fiction that is written in the Islamic books. The product of the sharial banking that is "forced" to resemble the conventional banking product must have an influence on the concept of the theory of akad in the classical fiction. This DSN-MUI fatwa will become a positive law when adopted in regulations approved by law, as adopted as a judge's opinion in its decision, or adopted by the Bank of Indonesia Regulations, OJK Regulations and others. The DSN-MUI Fatwa plays a major role in the development of the Shariah economy
KONSEP KEADILAN DALAM PRAKTIK POLIGAMI RASULULLAH Firda Amalia Thoyibah; Nor Fadhila Herniyanti; Rabbiatul Alawiyah
Mitsaqan Ghalizan Vol. 3 No. 2 (2023): 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.v3i2.6318

Abstract

This article deals with Polygamy in the Islamic Law Prespective. Polygamy is a man who has more than one to four wives. In the view of Islam, polygamy can be done if it complies with what is clear in the Qur'an, namely, being able to act fair, fair. Then the number of wives may be maximum of four, does not neglect worship of Allah, can keep the honour of his wives, and there is no brotherhood between the former wife and the future wife to be married. Prophet's polygamy is different from what we see today. The practise of the Prophet's polygamy here is not based on biological necessities, but there are some considerations among them wanting to honor a widow, raise the rank of the widows and women who offer themselves for marriage. Nowadays polygamy is based only on biological necessities, and forgetting the element of justice in it. The writing of this article uses library studies/literature studies and qualitative descriptive methods.
LEGITIMASI HUKUM ZAKAT DI INDONESIA Eka Retno Untari; Sariah Mawarni; Aly Hidayat
Mitsaqan Ghalizan Vol. 3 No. 2 (2023): 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.v3i2.6322

Abstract

This article discusses the legal legitimacy of zakat in Indonesia. In the history of Islam, zakat has been implemented effectively and successfully, even until no more poor people are found entitled to zakat. The teaching of Islam makes zakat a worship of maliyah ijtima’iyah, which has a social goal of building an economic system, has a goal of worldly well-being and the Hereafter. The Zakat is for the poor and the needy. Indonesia as one of the countries with a Muslim majority also accommodates various zakat provisions through several rites of law. This research is a normative law study with a conceptual approach. The results of this study show that the Basic Law of Zakat originates from the Quran, Hadith and National Law, Act No. 38 of 1999 on Zakat Management. Then the presence of BAZNAS, LAZ, and UPZ as part of the implementation of the legitimacy of zakat law in Indonesia.

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