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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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ASAS-ASAS PENYELENGGARAAN NEGARA PESPEKTIF UNDANG-UNDANG DAN HUKUM ISLAM Muhammad Soleh Aminullah; Nur Julian Majid
Mitsaqan Ghalizan Vol. 4 No. 1 (2024): 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.v4i1.6843

Abstract

In this era of ongoing reform, governance still leaves various problems. Especially those related to efforts to improve the quality of good and clean governance are still far from what is expected. This research is a descriptive-analytical normative legal research (legal research) with a statutory approach and is sourced from primary sources, namely laws, books and other supporting literature. The research shows that based on the principles of state administration, there are deviations made by state administrators with what is expected. State organizers go out of the line that has been set by the law and (rules) of religion that should be used as guidelines in the implementation of good governance as a form of responsibility in the world and the hereafter.
LEGITIMASI NIKAH DARING MELALUI TAUKIL BIL KITABAH MENURUT HUKUM ISLAM DAN HUKUM POSITIF Akhmad Vijaini; Muhammad Hasbi; Muhammad Syafqy Abda; Soraya Parahdina
Mitsaqan Ghalizan Vol. 4 No. 1 (2024): 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.v4i1.6985

Abstract

This reseach is aim to know the validity and impact of teleconference-based marriage probelms in Indonesia. This research used descriptive qualitative research method and the kind of research is library research. The result of the research showed that online marriage contract has a risk and it is being a debate especially about ittihâd al-majlis, but with taukil bil kitabah as the procedure from Religious Affairs Office (KUA) which is the state official agency in marriage problem can be a solution of it. Because of the marriage through teleconference case in 1989 that became a pioneer of this marriage can be held and developed until now. Which is one of the KUA in Jakarta Selatan refuses the long distance marriage to be registered. So that the researchers felt the need to research about the validity of long distance marriage from Islamic and positive law sides. Also, so it could educate people about the risk of daring or teleconference marriage, if it occurs, it is feared that there would be a technology-based fraud such as deepfake and so forth
TINJAUAN HUKUM ISLAM TERHADAP ISTRI PENCARI NAFKAH KELUARGA SEBAGAI BURUH PABRIK (Studi Kasus di Desa Wonoagung Kec. Kasembon Kabupaten Malang) Yeni Kartikaningsih; Marsidi Marsidi
Mitsaqan Ghalizan Vol. 4 No. 1 (2024): 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.v4i1.7217

Abstract

This research discusses the review of Islamic law regarding family support for wives who work in factories in Wonoagung Village, Kasembon subdistrict, Malang district. Currently, the trend of people's economic work activities seems to be getting stronger, not only men, but women also get good opportunities to work well in the economic and social fields. Regarding the household and the participation of a wife who works as a laborer in the family economy has a very helpful role in the survival of the family. A wife's participation in work is influenced by educational factors and her diploma. The method in this research uses qualitative research with a descriptive qualitative approach. The results of this research indicate that the role of wives living in Wonoagung Village has a dual role as wife to her husband and as mother to her children. A wife who helps earn a living to meet her family's needs. This is done to help ease the husband's burden in meeting his family's needs. Islamic law does not prohibit a wife from earning a living as long as it does not violate Islamic law and even allows her husband to help earn a living for the family as long as he does not neglect his responsibilities as a housewife, because the household requires the role of the husband as head of the family and the wife as a housewife.
KONSTRUKSI IJMA’ DALAM PERSPEKTIF MUHAMMADIYAH Aisyah Aisyah; Lisnawati Lisnawati; Muhammad Reza; Tanti Oktorisa
Mitsaqan Ghalizan Vol. 4 No. 1 (2024): 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.v4i1.7345

Abstract

Ijma' is one of the complementary sources of law, in addition to the Quran and Hadith. Because, the two main sources of Islamic teaching, namely the Quran and Hadith alone are not enough to answer all the problems that exist in society, and are also supported by many differences of opinion among the mujtahid. In general ahkam, what is meant by nash here is only the Quran and Hadith. Ijma' is not part of the nash (ghair al-nash). This is based on the opinion that Ijma' is more of a process rather than a product. Muhammadiyah believes that Ijma' cannot be used as a primary source in religious teachings. This research is a qualitative writing, which refers to the library research method, with sources from other Islamic books and journals. Thus, the result of the analysis obtained is that Muhammadiyah does not make Ijma' as a source of basic law, but only positions it as a paractextual source
KONSEP HUKUM HAK DAN KEWAJIBAN WARGA NEGARA PERSPEKTIF PIAGAM MADINAH Nawaz Syarif; Ahmad Habibi
Mitsaqan Ghalizan Vol. 4 No. 1 (2024): 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.v4i1.7365

Abstract

In the course of history, we have seen that conflict occurs due to different needs, which is why sometimes the law appears as a way to mediate between one another. In this case, the Medina Charter, which is the state Constitution, is the legal basis regarding the rights and obligations of its people. This research is legal research which focuses on analyzing using a conceptual approach how the legal concept of the Medina Charter presents the rights and obligations of every human being as a citizen. The Medina Charter teaches us lessons about Brotherhood (Al-Ikha), Equality (Al-Musawa), Tolerance (Tasamuh), Deliberation (Al-Tasyawur), mutual help (Al-Ta'awun), Justice (Al-Aku). The points given here play a very important role in life in society, for example the brotherhood that is given will form a bond that requires other people to respect and appreciate each other's fellow human beings. Brotherhood also creates peace because they feel a bond. The equality provided in the Medina charter also brings us to the same position without having to differentiate, and this also makes tolerance happen in people's lives
PERAN HUKUM ADAT DALAM PENEGAKAN KETERTIBAN MASYARAKAT PERSPEKTIF HUKUM ISLAM Ranti Suminar Endah; Muhammad Noor Shaleh
Mitsaqan Ghalizan Vol. 4 No. 2 (2024): 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.v4i2.8888

Abstract

In many indigenous communities, disputes are usually resolved through deliberation or a family approach involving traditional leaders, religious leaders or respected third parties. In this process, efforts are made to reach a solution that is favorable to all parties, without considering who is right or wrong, but rather the goal of restoring peace and harmony in the community. On the other hand, in the perspective of Islamic law, dispute resolution is seen from the point of view of justice based on the principles of sharia. The plurality of laws is interesting to review how they harmonize in their role in regulating community order. This research uses qualitative research methods classified as normative legal research with a conceptual approach. The results of this study indicate that customary law is one of the bases for judges to decide a case based on the law if the judge does not find a basis for deciding on written law. Enforcement of public order is also seen as a very important obligation from the perspective of Islamic law. Islamic law provides a clear outline of how to build a just, safe and peaceful society.
KESETARAAN GENDER PERSPEKTIF SITI WALIDAH (NYAI AHMAD DAHLAN) TERHADAP KELUARGA ISLAM DI INDONESIA Muhammad Ajiseftian Suryatama
Mitsaqan Ghalizan Vol. 4 No. 2 (2024): 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.v4i2.8890

Abstract

In essence, humans are able to optimize their abilities in order to be independent and get a decent job, including for women. But in reality, women are still contaminated with the Patriaki culture. For example in the family, men are allowed to go to high school while women are only at a low level and in the environment. So that in the formulation of the problem how the rights and obligations of the husband and wife towards the development of the Islamic family in Indonesia? And how is the relevance of the role of Siti walidah (Nyai Ahmad Dahlan) in improving women through education at the present time? The research method used in this study is library research or library reserch, which is research that collects data and information on various materials contained in books or literature related to activities with the thoughts of Siti Walidah. The results showed that in the context of developing Islamic families through education in Indonesia, the contribution of wives in education such as wives are often more involved in the daily education of children at home, both in terms of character building and academics. The Islamic education system must be an alternative to humans to achieve the forms and aspects of humanity as a whole both physically and mentally. The relevance of the real steps of Siti Waidah or Nyai Ahmad Dahlan's thinking is that she succeeded in making a madarasah. Nyai Ahmad Dahlan initiated special classes for women, including teaching religion, life skills, and basic science. This opened up opportunities for women to get better access to education. Likewise, the organization Aisyiyah was born in 1917, a women's organization under Muhammadiyah. Aisyiyah focuses on empowering women, one of which is through education.
KESADARAN DAN KETAATAN HUKUM MASYARAKAT PEKALONGAN TERHADAP PENOLAKAN DISPENSASI KAWIN Khafid Abadi; Bagus Septiawan; Ulfia Zahroh
Mitsaqan Ghalizan Vol. 4 No. 2 (2024): 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.v4i2.8976

Abstract

This research analyzes the legal awareness and compliance of the Pekalongan Regency community in response to the rejection of marriage dispensation by the Religious Court, using Soerjono Soekanto's theory of legal awareness and Tom R. Tyler's theory of legal compliance. This study is a field research with a descriptive qualitative approach, focusing on the collection of empirical data from in-depth interviews with individuals whose applications were rejected by the Kajen Religious Court, as well as the analysis of statistical documents related to marriage dispensation cases in the region. The findings reveal that the community's legal knowledge, particularly regarding the minimum marriage age stipulated by law, is relatively good. However, their understanding of the substantive reasons behind the court's rejection of marriage dispensation remains low. Public attitudes towards the court's decision vary; some accept the decision with a positive attitude, while others reject it, feeling that it is unjust. The observed legal behavior patterns also vary, with some community members choosing to postpone marriage in accordance with legal requirements, while others proceed with unregistered marriages (siri) due to social pressure and religious beliefs. Overall, compliance with the law regarding the rejection of marriage dispensation in Pekalongan Regency is not solely based on the threat of sanctions but is also influenced by perceptions of legitimacy, procedural and substantive justice, as well as social and religious influences
PRAKTIK FATHERLESS DAN KAITANNYA DENGAN PENGASUHAN ANAK DALAM FIKIH ISLAM DAN HUKUM PERKAWINAN DI INDONESIA Abdul Wahab; Usman Alfarisi; Nurbayu Susandra; Nurul Aulia Fajriyanthi
Mitsaqan Ghalizan Vol. 4 No. 2 (2024): 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.v4i2.9042

Abstract

The phenomenon of fatherless, which is increasingly prevalent in Indonesia, has become a serious concern due to its negative impact on children’s development, both physically, mentally, and spiritually. This study aims to analyze the perspective of Islamic Fiqh and the Marriage Law regarding the role of fathers in child care, identify the father’s obligations in child care according to Islamic Fiqh and the Marriage Law, and determine the impact of fatherless practices on child growth. This study uses a library research method with a qualitative approach. The data used are primary data and secondary data obtained from various sources of literature, such as books, journals, and official documents. Data collection techniques were carried out through literature studies, and data analysis used content analysis. The results of the study show that Islamic Fiqh and the Marriage Law in Indonesia both emphasize the importance of the father’s role in child care. Fathers have an obligation to provide sustenance, educate and guide children, as well as provide affection and attention. However, fatherless practices in Indonesia are caused by several factors, such as high divorce rates, unbalanced parenting patterns, patriarchal culture, and the death of the father. The impact of fatherless on children’s growth and development can be in the form of father hunger, which is a condition of psychological damage that results in low self-esteem, difficulty adapting, slow psychological maturity, difficulty managing emotions, and lack of decision-making ability.
PLURALITAS HUKUM KEWARISAN DI INDONESIA : SEBUAH TINJAUAN NORMATIF Nor Annisa Rahmatillah
Mitsaqan Ghalizan Vol. 4 No. 2 (2024): 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.v4i2.9043

Abstract

The purpose of this study is to look at the plurality of inheritance laws in Indonesia from a normative point of view. This research analyzes legislation, legal theory, and inheritance practices in customary law, Islamic law, and positive law. Indonesia is a country with a diverse population in terms of religion and ethics, and has a plural legal system, especially in terms of inheritance. This research uses a normative approach to study the legal provisions governing inheritance. These provisions are found in the Civil Code (KUHPerdata), Islamic law through the Compilation of Islamic Law (KHI), and customs that apply in various regions in Indonesia. This research shows that inheritance law is increasingly visible in its diversity, because in fact the customary inheritance law that applies is not only one, but various following the form of society and the family system of Indonesian society. So that the inheritance law applied to all Indonesian people is still different considering the classifications of citizens. Until now, there is no national inheritance law that can regulate inheritance nationally, so that people in Indonesia can choose between the three inheritance laws.

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