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Hamdan Arief Hanif
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INDONESIA
Sahaja : Journal Sharia and Humanities
Published by Universitas Darunnajah
ISSN : 29647096     EISSN : 28299396     DOI : https://doi.org/10.61159/sahaja.v3i1.174
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Sahaja specifications in the discourse of Sharia and Humanities. Sahaja invites scholars, researchers, and students to contribute the result of their studies and researches in the areas related. That aims to encourage and promote the study of the sharia and humanities from a wide range of scholarly perspectives. The journal focuses on Sharia and Humanities. It covers the studies of Sharia and Humanities accros different areas in the world (The Middle East, The West, Archipelago and other areas), Methodology of Sharia and Humanities. This journal warmly welcomes to any contributions from scholars of the related disciplines.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 35 Documents
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PERNIKAHAN INTERNAL KELOMPOK ISLAM JAMAAH DI YOGYAKARTA: (Perspektif Undang-Undang No 1 Tahun 1974 Dan Kompilasi Hukum Islam) Arief Hanief, Hamdan; Dzofiri, Hasman
Sahaja: Journal Sharia and Humanities Vol. 1 No. 1 (2022): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v1i1.7

Abstract

The large number of religious groups in Indonesia makes all kinds of differences in implementing Islamic law. One of them is the Jamaah Islamic group which in the implementation of their marriage takes two contracts, namely having to take internal marriage (ND) and outside marriage (NL). The focus of this research is: first, what is the procedure for the implementation of internal marriage carried out by Islam Jamaah ?; second, how is the internal marriage of the Jamaah Islamic group in the perspective of Law No. 1 of 1974 and the Compilation of Islamic Law?. This research is a field research (Library Research) which uses qualitative methods with a juridical-normative approach. The conclusions of this study are: first, the implementation of marriage procedures in the Jamaah Islamic environment is quite identical to the marriage patterns of Muslims in general. Like others, Jamaah Islam begins the procedure with matchmaking between congregations by the marriage team, followed by the marriage process until the timing of the marriage contract is executed. The difference is, the Jamaah Islamic Group requires its members to marry fellow Jamaah Muslims. The prospective bride from outside must take a pledge and join the Islamic Jamaah group before being allowed to marry a member of the Islamic Jamaah. Second, there are several differences between the Jamaah Islamic marriage law and the marriage regulated in Law No. 1 1974 and the Compilation of Islamic Laws.
PELAKSANAAN HUKUM WARIS ADAT DI DUSUN SUKODONO KECAMATAN TIRTOYUDO – MALANG Taufik, Taufik; Anis, Firia
Sahaja: Journal Sharia and Humanities Vol. 1 No. 1 (2022): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v1i1.8

Abstract

The customary heir law system is one of the known and applicable heir law systems in Indonesia. This system is still widely used in some areas - which are notably Muslim-populated in Indonesia. One of them is what happened in the hamlet of Sukodono, Tirtoyudo District, Malang. The practice of inheritance distribution in this area uses the customary inheritance law system which adopts a hereditary system (parental/bilateral) drawn according to the line from the father and mother and adopts the individual inheritance system (individual). In addition, the distribution of h pound inheritance to each heir distributed evenly and fairly according to custom. In general, the settlement of inheritance distribution is done through deliberation between families by presenting customary figures or community figures. It is intended that in the event of a dispute between the heirs then be solved by mixing the hands of traditional leaders and resolved amicably.
MUHASABAH ‘ALA AL-NAFSI DITENGAH PANDEMI CORONA Tarpin, Tarpin
Sahaja: Journal Sharia and Humanities Vol. 1 No. 1 (2022): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v1i1.10

Abstract

This article discusses about Muhasabah ‘ala nafsi (MAN) which is an attempt by a Muslim to decorate himself with pious deeds as well as to calculate, and evaluate themselves, how many bad deeds he has done and what good deeds he has not done. Whereas in Sufi terms, Muhasabah ‘ala nafsi means continuous analysis of the heart and its ever-changing circumstances. Apart from being meant by the term calculation, muhasabah 'ala nafs is also identified with the term self-calculation, self-evaluation, self-examination, introspection, self-attention or introspective, i'tishom and istiqomah for actions, attitudes, weaknesses, and errors related to oneself . Associated with the co-19 pandemic outbreak, the muhasabah ‘ala nafsi (MAN) as an afterthought for testing from Allah SWT, reminds us that we can be closer to Allah SWT. So that we can behave fairly in worshiping Allah SWT, as well as the worship of hablum minannas, hablum minal'alam namely to socialize well with fellow humans, and the natural environment.
MASLAHAH PEMBATASAN PERNIKAHAN DI TENGAH PANDEMI COVID-19 : (Studi di KUA Kec. Tiworo Tengah, Kab. Muna Barat) Marwah, Siti
Sahaja: Journal Sharia and Humanities Vol. 1 No. 1 (2022): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v1i1.11

Abstract

The Covid-19 pandemic in early 2020 began to spread in Indonesia. This resulted in the government having to issue policies, one of which was Large-Scale Social Restrictions (it called PSBB) which had an impact on various sectors of public life. Responding to this, the Director General of Islamic Community Guidance also issued a circular on Control of the Implementation of Marriage Services in the Emergency Period of Disease Outbreak due to Covid -19 which contains restrictions on the implementation and registration of marriage at the Religious Affairs Office. The decline in registration and restrictions on the implementation of marriage in every Religious Affairs Office decreased drastically, as was the case at the Central Tiworo Religious Affairs Office. Wedding restriction policy that occurred in the Religious Affairs Office at Middle Tiworo certainly have maslahah amid the pandemic Covid-19. This study aims to determine the problems in limiting marriage in the Central Tiworo District Office of Religious Affairs during the Covid-19 pandemic. Using method in this research is a qualitative method with the type of field research. The theory used is the maslahah theory according to Syatibi. The problem with limiting marriage in the middle of covid-19 is that it can break the chain of spreading covid-19, minimize the things that cause covid-19, and the costs of marriage that are spent are less because the number of attendees is limited.
AKAD-AKAD DALAM ASURANSI SYARIAH Ramadhan, Taufiq
Sahaja: Journal Sharia and Humanities Vol. 1 No. 1 (2022): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v1i1.12

Abstract

Every transaction in Islam must have a clear contract at the beginning, because it is legal or not, halal or haram will have an impact on the guidance of the Shari'a which has become the direction of religion in Islam. The concept of insurance in Islam is known as Ta'min, which is an anticipatory effort to minimize the risks that can occur to each human being in the future. The risk of every human being must be there, whether it is the risk of accidents, the risk of loss, and even the risk of loss of life / death. In order to minimize this risk, it is necessary to prepare to bear the calamities that will occur. The rapid development that occurs in the financial industry sector, both banks and non-banks, often practices that are not in line with Sharia principles, because the elements that cancel / forbid muamalah are MAGHRIB (Maysir, Gharar, and Riba). Therefore, it is very important for Muslims to know the contracts and mechanisms regarding the application of sharia insurance in line with Islamic values.
AL-MAQÂSHID AL-SYARÎ’AH: Teori dan Implementasi Suhaimi, Suhaimi; Rezi, Muhamad; Rahman Hakim, Maman
Sahaja: Journal Sharia and Humanities Vol. 2 No. 1 (2023): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v2i1.13

Abstract

Dikalangan ahli hukum Islam banyak yang konsen terhadap maqasid syariah dari lintas mazhab, seperti Izz al-Din ibn ’Abd al-Salam dari mazhab Syafi’i, Ibnu Qayyim al-Jauziyah dari mazhab Hambali, Abu Ishaq Al-Syâthibi dari mazhab Maliki dan lain-lain yang telah menulis karangan-karangan mengenai teori hukum Islam dan tujuannya, seperti prinsip kemaslahatan dan mengenai sebab-musabab yang didasarkan kepada syari’at. Maqasid syariah adalah masalah kemaslahatan hidup dunia. Artikel ini menjelaskan posisi dan peran maqasid al syariah itu sendiri dalam merekonsiderasi pemberlakuan hukum islam bagi masyarakat muslim dan mengungkapkan tata kerja maqasid syariah yakni dijadikan sebagai pendekatan penentuan hukum dan dijadikan dasar pemberlakuan dan terwujudnya kemaslahatan pada muslim. Makalah ini disusun dengan menerapkan metode penelitian library research. Sumber utama penelitian ini adalah berbagai literatur Maqashid Syariah dalam bentuk kitab rujukan asli. Maqasid syariah mencerminkan perkembangan cukup besar dari eksistensinya sebagai konsep menuju eksistensti sebagai metode pendekatan. Sebagai konsep maqasid syariah di pahami sebagai nilai yang pasti terkandung dalam setiap ketentuan syariah. Nilai nilai yang berkembang mulai dari konsep klasik yang terbatas pada lima nilai utama, menjaga agama, jiwa, akal, keturunan dan harta dan pada konsep modern selain lima nilai tersebut pada akhirnya masuk pada nilai keadilan, kebebasan, dan hak asasi manusia dan lai-lain.
PENGARUH PANDEMI COVID-19 TERHADAP ANGKA PERKAWINAN: (Studi Kasus di Kecamatan Lambu Kabupaten Bima) Rahayu, Putri
Sahaja: Journal Sharia and Humanities Vol. 1 No. 2 (2022): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v1i2.19

Abstract

Marriage is mandatory for men and women who have desire and ability to perform it. However, this became a prohibition when a marriage has implemented in the era of the Covid-19 pandemic, particularly in the Bima area. This article aims to find out how the covid-19 pandemic affects the marriage rate in the Lambu District Religious Affairs Office by using the sociological approach of law by Soerjono Soekanto, namely looking at the relationship between society and the law related to the implementation of marriage during the pandemic. The results of the research obtained are about the regulation from the Indonesian Ministry of Religion that marriages are limited during the Covid-19 pandemic to avoid transmission through physical contact as well as posponment from potential mate themselves, so that this is the cause of the decline in marriage rates in Bima, Lambu District.
RESILIENSI KELUARGA MUSLIM DI MASA WABAH COVID-19: TINJAUAN PERAN DAN FUNGSI SUAMI ISTRI Nusa, Ranny Apriani
Sahaja: Journal Sharia and Humanities Vol. 1 No. 2 (2022): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v1i2.20

Abstract

The Coronavirus Outbreak (COVID-19) is a crisis in the health sector that has a very significant impact on all levels of society. Economic, political, social, cultural, religious impacts and other aspects are felt by all people around the world because of this epidemic. in their distribution figures, all countries around the world make policies, advice to stay at home, do work from home, learn from home (learn from home), and so on. All of this is done so that people can avoid crowds and keep maintaining their distance (physical distance). In this study, the authors will discuss efforts to resilience (resilience) Muslim families whose research subjects are married couples. What are their roles and functions in maintaining family resilience during the Covid-19 outbreak, and so on. This research is a field research. The subject is a married couple in Bukit Mutiara Jaya Housing, Tembalang, Semarang. The investigation concluded that there are several new roles that a husband must play in family resilience, namely maintaining high-quality communication with the family, for example by holding meetings after each dinner together or in religious matters holding a new routine such as a cult after each dawn prayer, so that when he is worshiping from home, orders of morals are easy to carry out. Similar to a mother who previously served as a wife and a housewife, in the wabahc, she has increasingly become a “teacher at home” who participates and is proactive in guiding her child virtually. The functions that must be carried out by a married couple to support family resilience during the Covid-19 wabahc include the function of spirituality, the function of economic resilience, the function of communication, and the function of education.
URGENSI PERNCATATAN PERKAWINAN PERSPEKTIF HUKUM ISLAM Luthfia, Chaula
Sahaja: Journal Sharia and Humanities Vol. 1 No. 2 (2022): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v1i2.21

Abstract

Marriage registration in Islamic family law is not regulated, marriage is valid if it meets the requirements and pillars. Along with the development of increasingly modern times, marriage is not only carried out between regions anymore. In the past, it was sufficient for the announcement of the context with witnesses and walimah al `urusy, but this form of announcement for the present context is no longer relevant. This research is a type of library research, the author uses a normative and philosophical approach. The results of this study found that in the early days of Islam there was a tradition of I'lan an-nikah (announcing a marriage in the midst of the local community). One form of I'lan an-nikah is walimah al-urs (reception/wedding party), the call has the intention of announcing to the public that a marriage has occurred and preventing adultery prejudice. There is a recommendation to record non-cash transactions in Qs. Al Baqarah (2) verse 282, where the legal illat is to strengthen testimony and avoid doubt. It is explained in the Qur'an letter an-Nisa 'verse 21 that marriage is not an ordinary muamalah but a very strong agreement ا لِيْظَا. Therefore, marriages that have a special position, namely a very strong agreement, so noble, majestic, and sacred are even more important to be recorded. Announcements relevant to the current context appear in written form in the form of a marriage certificate. So that the marriage certificate is a form of community recognition and guarantor of rights in the present. In other words, the context of public announcements as a means of recognizing and guaranteeing rights is for communal communities who are accustomed to oral communication.
TAHLILAN SEBAGAI SINKRONISASI AGAMA DAN BUDAYA: (Perspektif Legal Maxim) Annisa, Firda
Sahaja: Journal Sharia and Humanities Vol. 1 No. 2 (2022): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v1i2.22

Abstract

Before Islam came, the majority of Indonesian people at that time are still Hinduism. Then Walisongo came to bring Islam and started to spread Islam doctrines in order to call the Indonesian who at that time were still keep up with Hindu doctrines, one of their doctrine called "pinde pitre yajna" which is better known as "tahlilan" right now. The pinde pitre yajna doctrines originally had a ritual/activity called "jagongan" this ritual works by talking late into the night, gambling, drinking liquor and also reciting magic spells at the funeral home. The method of discours that used by Walisongo is the method of assimilation of Islamic - Hindu culture by changing these bad habits with activities that are more Islamic. The magic spell that is usually recited is changed to the t}ayyibah (good) sentences. However, there are several Islamic sects that contradict with this method and then state that the teachings conveyed through the Walisongo contain elements of bid’ah (acts that were not taught by the Prophet Muhammad). This paper uses a qualitative method in terms of literature. In this journal the author wants to explain the facts of the concept of tahlilan using the maxim law perspective (ka>idah fiqhiyyah), namely the 'urf (tradition). Tahlilan can be justified as 'urf which is not in Islam because tahlilan is a misleading tradition then guided by the Walisongo in accordance with Islamic law without any coercion.

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