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Miftakur Rohman
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Faculty of Shariah Universitas Kiai Abdullah Faqih (UNKAFA) Gresik Jl. KH. Syafi'i No 07 Suci Manyar Gresik, Telp. (031)3959297 email: masadir.inkafa@gmail.com
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MASADIR: Jurnal Hukum Islam
Published by Universitas Kiai Abdullah Faqih Gresik
ISSN : 2775992X     EISSN : 27760103     DOI : https://doi.org/10.33754/masadir.v4i01
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
MASADIR: Jurnal Hukum Islam is a double-blind peer-reviewed journal published by The Faculty Of Sharia Universitas Kiai Abdullah Faqih (UNKAFA) Gresik, Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol. 2 No. 1 (2022): April, 2022" : 7 Documents clear
Mahar Unik Dan Mahar Bernilai Fantastis Dalam Perspektif Fikih Munakahat Nihayati, Dini Arifah
MASADIR: Jurnal Hukum Islam Vol. 2 No. 1 (2022): April, 2022
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v2i1.467

Abstract

The trend of unique dowry and fantastic dowry is mushrooming. Islam, does not specify the minimum and maximum dowry value. However, this trend seems to be a gap when it clashes with the public mindset that low dowry is identified with a lack of respect for women, while high dowries are considered difficult for men. Between the two, Indonesian people are used to following the dowry standards that apply in society to carry out the marriage contract. The mindset that collides with reality raises questions about the sharia and the law of giving dowry in various nominal or forms. Therefore, the authors need to examine this trend, especially its implications for the marriage contract. the author chooses fiqh munakahat as a knife of analysis. Because fiqh munakahat regulates the laws relating to marriage in Islam. This research is expected to be able to develop the application of fiqh munakahat to the unique and fantastic dowry trend. The author reaches the conclusion that in the perspective of munakahat fiqh, dowry can be given in any form and in unlimited value as long as the dowry meets the requirements. Unique or fantastic dowry does not affect the status of the marriage contract.
Pandangan Ulama' Tentang Pemaksaan Berhubungan Badan Terhadap Istri Dalam Keadaan Sakit Abdul Halim; Robiah Adawiyah
MASADIR: Jurnal Hukum Islam Vol. 2 No. 1 (2022): April, 2022
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v2i1.482

Abstract

This study aims to find out how the views of scholars regarding coercion relate to wives in a sick state and how the legal istinbat used by scholars regarding coercion relates to wives when they are sick. The research method used is a qualitative method with the type of library research. From the results of the study, it can be concluded that if there is coercion in a relationship, according to scholars, the four schools of law are forbidden to harm physically, psychologically and healthily because in the prohibition law, it is feared that there are sexually transmitted diseases (pubic diseases). allow sexual intercourse even if you are sick, namely minor illnesses such as flu, cough, fever and runny nose. Imam Shafi'i's legal stint is in Surah An-Nisa' verse 19, Imam Maliki is quoted with the hadith of the prophet, namely the prohibition of intercourse like animals, while Imam Hambali is quoted with the hadith of the prophet, namely the actions of a'zl, and Imam Hanafi in his book explains that it is permissible to do so. intercourse by force if there is no syar'i udzur.
Implementasi E-Court Terhadap Pelayanan Administrasi Perkara Di Pengadilan Agama Gresik Miftakur Rohman; Ayu Kartika
MASADIR: Jurnal Hukum Islam Vol. 2 No. 1 (2022): April, 2022
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v2i1.483

Abstract

In the current development of digital technology, the Court has experienced a few obstacles since the emergence of the 2019 covid pandemic virus outbreak, including the Gresik religious court which requires restrictions on public crowds. With these obstacles, the court issued a case registration system using E-court where the application is contained in Supreme Court Regulation No. 3 of 2018 concerning the case registration process which is carried out electronically. How is the implementation of E-court on administrative services at the Gresik Religious Court and what are the factors that support and hinder the implementation of E-court on administrative services at the Gresik Religious Court. Based on monitoring and research, the implementation of E-court on administrative services at the Gresik Religious Court has been carried out well in accordance with Supreme Court Regulation No. 3 of 2018 which is based on the principles of fast, easy, simple and low cost. Factors that support the implementation of the E-court are the existence of sufficient technical facilities such as computers and internet networks, but sometimes there is interference with the signal which makes the upload of data transmission long and this is part of the obstacle. The convenience of this technology is in great demand by advocates because it makes it easy, but it is considered difficult for some people due to the lack of human resources and government socialization.
Tinjauan Hukum Islam Terhadap Praktik Arisan Daging Di Desa Slempit Kecamatan Kedamean Kabupaten Gresik Dani El Qori; Habib Masyhudi
MASADIR: Jurnal Hukum Islam Vol. 2 No. 1 (2022): April, 2022
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v2i1.484

Abstract

Arisan is one of the contemporary muamalah practices that is very much in demand today. Among the types of social gathering that developed in society is the gathering of meat. The social gathering of meat is carried out by the community in Slempit Village, Kedamean District, Gresik Regency. As the name suggests, the social gathering of meat is done with a payment that is in accordance with the unit price of meat on the market. Meanwhile, it can be seen that the price of meat in the market sometimes increases or decreases. This study analyzes how the implementation of social gathering meat in Slempit Village, Kedamean District, Gresik Regency and how Islamic law reviews the practice of social gathering meat in Slempit Village, Kedamean District, Gresik Regency. The approach used in this study is a qualitative descriptive approach. The results of this study indicate that the meat gathering in Slempit Village, Kedamean District, Gresik Regency is carried out by every member of the meat gathering who will carry out celebrations such as walimatul 'ursy, circumcision and birthdays. The nominal gathering of meat is in accordance with the unit price of meat on the market. The practice of gathering meat in the village of Slempit is identical to the qard contract. This practice is not valid according to the Shafi`I school because it does not use sighat ijab qabul. This practice is also illegal according to the majority of scholars because there is a difference in fees when there is an increase in the price of meat.
Stratifikasi Sosial Pada Tradisi Kawin Bangsawan Menak Masyarakat Lombok Timur Alfiyah Faizatul Arif
MASADIR: Jurnal Hukum Islam Vol. 2 No. 1 (2022): April, 2022
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v2i1.485

Abstract

The East Lombok sasak tribal community group has a customary marriage rule that requires a noble woman menak to marry a man of the same lineage and prohibits marrying non-nobles under the pretext of incompatibility. This research was conducted to examine the practice of marriage of menak nobles based on the same social stratification. This research is a qualitative type with library research. The approach used is legal sociology which explains a law at a practical and empirical level in the people of East Lombok. Meanwhile, this data collection method is by observation method in books and other references relevant to this research. It can be concluded that the marriage tradition of menak nobles in East Lombok was influenced by the existence of a social stratification system from past civilizations when they still adhered to the employment system, thus giving birth to a rule prohibiting marriage with non-noble menak men under the pretext of not matching.
Studi Putusan Hakim Pada Perkara Cerai Gugat Nomor 474/Pdt.G/2020/PA.JS Terhadap Hak Nafkah Iddah Fatimatuz Zahro; Salsabila Annisa Rohmah
MASADIR: Jurnal Hukum Islam Vol. 2 No. 1 (2022): April, 2022
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v2i1.514

Abstract

The Panel of Judges in deciding the case that the wife has the right of iddah (a period that must be lived by a woman after the death of her husband or after divorce, during which she cannot marry another man) for her claims against her husband. Therefore, to find out the reason for the non-provenance of nusyuz (a wife unreasonably refusing to comply with the wishes or orders of a legitimate husband) in obtaining the right to live iddah in the divorce law Number 474/Pdt.G/2020/PA.JS based on fiqh and UU Marriage Article 41 of 1974. This issue will be studied using a normative legal approach and a judge's decision study approach. The results of the analysis show that Decision Number 474/Pdt.G/2020/PA.JS concerning the issue of the right to live iddah in a divorce where the Panel of Judges carries out and decides various considerations in deciding the case: the ex-wife or plaintiff gets the right to live iddah from her ex-husband on the basis of considerations The law refers to Article 149 letter (b) of the KHI which basically states that if a marriage breaks up, the husband is obliged to provide a living. including food to eat and clothing to cover his wife's expenses during the period of iddah. Article 41 letter c of the Marriage Law states that the court can require the husband to provide maintenance or establish obligations for the wife.
Efektifitas Layanan Pernikahan Pada Masa Pemberlakuan Pembatasan Kegiatan Masyarakat (PPKM) Darurat Di Kantor Urusan Agama Kebomas Gresik Perspektif SE. NO : P-001/DJ III/Hk.007/07/2021 Fashihuddin Arafat; Erina Putri Amalia
MASADIR: Jurnal Hukum Islam Vol. 2 No. 1 (2022): April, 2022
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v2i1.517

Abstract

This study aims to describe the implementation of marriage service policies during the implementation of emergency community activity restrictions (PPKM) at the Office of Religious Affairs, Kebomas District, Gresik Regency, describe the supporting and inhibiting factors, as well as solutions to overcome these obstacles. A qualitative-descriptive approach was used as an analytical knife. The results showed that the policy of marriage services during the implementation of emergency community activity restrictions (PPKM) at the Office of Religious Affairs was stated in Circular No.: P-001/DJ III/Hk.007/07/2021 concerning Technical Guidelines for Marriage Services at KUA District of Emergency PPKM Period. The circular has also been implemented according to the guidelines and is considered effective in its implementation, although there are things that are found to be obstacles, such as there are still people who do not fully comply with the health protocol rules by not wearing masks and not keeping their distance. However, the KUA Kebomas District has taken strategic steps to overcome these obstacles.

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