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<![CDATA[Perkawinan Campuran Di Indonesia Ditinjau Dari Hukum Islam Dan Hukum Positif ]]>
<![CDATA[Defanti Putri Utami]]>;
<![CDATA[Finza Khasif Ghifarani]]>
<![CDATA[ MASADIR: Jurnal Hukum Islam Vol. 1 No. 2 (2021): Oktober 2021 ]]>
Publisher : <![CDATA[Universitas Kiai Abdullah Faqih (UNKAFA) Gresik ]]>
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DOI: 10.33754/masadir.v1i2.372
<![CDATA[Marriage is an inner and outer bond between a man and a woman in forming a sakinah mawaddah warahmah family. In the study of Islamic law studies in Indonesia, there is a discussion about mixed marriages. In the classical fiqh understanding, when faced with the term mixed marriage, the paradigm that emerges is interfaith marriage. Along with the development of the times and technology at this time, mixed marriages are not only limited to religious differences, further than that there are also mixed marriages due to differences in citizenship. Furthermore, this paper will discuss further about mixed marriages in Indonesia from the perspective of Islamic law and positive law with all the problems that arise as a result of mixed marriages.]]>
<![CDATA[Rekonstruksi Akad Hutang Yang Diansurasikan Perspektif Sad Al-Dhari'ah ]]>
<![CDATA[Bakhrul Huda]]>
<![CDATA[ MASADIR: Jurnal Hukum Islam Vol. 1 No. 2 (2021): Oktober 2021 ]]>
Publisher : <![CDATA[Universitas Kiai Abdullah Faqih (UNKAFA) Gresik ]]>
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DOI: 10.33754/masadir.v1i2.374
<![CDATA[The Debt Contract (Qard) is originally quite simple, where the debtor (muqtariá¸) is the one who really needs it to fulfill his primary needs. With the presence of banking today, muqtariḠis no longer a person who really needs to fulfill their primary needs, but secondary and even tertiary needs are served by the bank (muqri) with collateral from muqtari customers or insurance. This article wants to reconstruct how the practice of insured debt from Sad al-DharÄi' perspective. With library research model and normative approach, where the data used is secondary data. As a result, the insured debt is categorized as a hybrid contract if it is analyzed by Sad al-DharÄi' there are benefits and harms. However, as long as the debt is far from usurious and the insurance is included in the category that the majority of scholars allow it, it is not a problem to become a hybrid contract. But if you choose to apply a minor opinion, then there is no problem with the insured debt contract.]]>
<![CDATA[Tinjauan Hukum Islam Terhadap Praktik Penjualan Ikan Hasil Panen Melalui Perantara Di Kecamatan Glagah Kabupaten Lamongan ]]>
<![CDATA[Dani El Qori]]>
<![CDATA[ MASADIR: Jurnal Hukum Islam Vol. 1 No. 2 (2021): Oktober 2021 ]]>
Publisher : <![CDATA[Universitas Kiai Abdullah Faqih (UNKAFA) Gresik ]]>
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DOI: 10.33754/masadir.v1i2.417
<![CDATA[Buying and selling transactions are economic transactions that are mostly carried out by humans. This transaction continues to grow with the times. The development of buying and selling transactions necessitates the existence of appropriate and relevant legal instruments to regulate these transactions. Islamic law is believed to be a legal rule that is appropriate and relevant to be applied in all times and places. In its development, buying and selling not only confronts the seller and the buyer. Sometimes it takes a third party to act as an intermediary between the seller and the buyer. The practice of buying and selling in the presence of intermediaries is often carried out by fish pond owners in Glagah sub-district, Lamongan Regency. In this article, we will examine in depth the practice of selling fish through intermediaries from the perspective of Islamic law. The author uses the theory of buying and selling contracts, wakalah, ijarah, and samsarah in Islamic law. Kata Kunci : Buy and sell, intermediary, Islamic Law.]]>
<![CDATA[Konstruksi Hukum Berpindahnya Hak Perwalian Sebab Masafatul Qashri ]]>
<![CDATA[Fashihuddin Arafat]]>
<![CDATA[ MASADIR: Jurnal Hukum Islam Vol. 1 No. 2 (2021): Oktober 2021 ]]>
Publisher : <![CDATA[Universitas Kiai Abdullah Faqih (UNKAFA) Gresik ]]>
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DOI: 10.33754/masadir.v1i2.424
<![CDATA[Abstract : In marriage, the existence of a marriage guardian is an element that must be fulfilled for the sake of the marriage. If the guardian is unable to attend the wedding due to a long distance, for example the distance allowed for qashar prayer (masafatul qashri). What is the status of guardianship rights? This study aims to determine whether guardianship rights can be transferred to other people due to long distances (masafatul qashri). With library research methods with secondary data sources. The results show that the Shafi'i school says if the aqrab guardian is unknown or unseen (masafatul qashri) then the guardianship rights shift to the guardian judge. Meanwhile, the Hambali School says that if the wali aqrab's whereabouts are unknown or unseen, then his guardianship rights can be transferred to wali ab'ad. The transfer of guardianship rights due to masafatul qashri is still very relevant. Because the long distance does not become a barrier for a guardian to marry off his child. The legal solution is in Article 12 paragraph (4) of the Regulation of the Minister of Religion No. 20 of 2019 concerning Marriage Registration. Keywords: Guardianship Rights, Masafatul Qashri]]>
<![CDATA[Mahar Unik Dan Mahar Bernilai Fantastis Dalam Perspektif Fikih Munakahat ]]>
<![CDATA[Nihayati, Dini Arifah]]>
<![CDATA[ MASADIR: Jurnal Hukum Islam Vol. 2 No. 1 (2022): April, 2022 ]]>
Publisher : <![CDATA[Universitas Kiai Abdullah Faqih (UNKAFA) Gresik ]]>
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DOI: 10.33754/masadir.v2i1.467
<![CDATA[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.]]>
<![CDATA[Pandangan Ulama' Tentang Pemaksaan Berhubungan Badan Terhadap Istri Dalam Keadaan Sakit ]]>
<![CDATA[Abdul Halim]]>;
<![CDATA[Robiah Adawiyah]]>
<![CDATA[ MASADIR: Jurnal Hukum Islam Vol. 2 No. 1 (2022): April, 2022 ]]>
Publisher : <![CDATA[Universitas Kiai Abdullah Faqih (UNKAFA) Gresik ]]>
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DOI: 10.33754/masadir.v2i1.482
<![CDATA[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.]]>
<![CDATA[Implementasi E-Court Terhadap Pelayanan Administrasi Perkara Di Pengadilan Agama Gresik ]]>
<![CDATA[Miftakur Rohman]]>;
<![CDATA[Ayu Kartika]]>
<![CDATA[ MASADIR: Jurnal Hukum Islam Vol. 2 No. 1 (2022): April, 2022 ]]>
Publisher : <![CDATA[Universitas Kiai Abdullah Faqih (UNKAFA) Gresik ]]>
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DOI: 10.33754/masadir.v2i1.483
<![CDATA[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.]]>
<![CDATA[Tinjauan Hukum Islam Terhadap Praktik Arisan Daging Di Desa Slempit Kecamatan Kedamean Kabupaten Gresik ]]>
<![CDATA[Dani El Qori]]>;
<![CDATA[Habib Masyhudi]]>
<![CDATA[ MASADIR: Jurnal Hukum Islam Vol. 2 No. 1 (2022): April, 2022 ]]>
Publisher : <![CDATA[Universitas Kiai Abdullah Faqih (UNKAFA) Gresik ]]>
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DOI: 10.33754/masadir.v2i1.484
<![CDATA[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.]]>
<![CDATA[Stratifikasi Sosial Pada Tradisi Kawin Bangsawan Menak Masyarakat Lombok Timur ]]>
<![CDATA[Alfiyah Faizatul Arif]]>
<![CDATA[ MASADIR: Jurnal Hukum Islam Vol. 2 No. 1 (2022): April, 2022 ]]>
Publisher : <![CDATA[Universitas Kiai Abdullah Faqih (UNKAFA) Gresik ]]>
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DOI: 10.33754/masadir.v2i1.485
<![CDATA[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.]]>
<![CDATA[Studi Putusan Hakim Pada Perkara Cerai Gugat Nomor 474/Pdt.G/2020/PA.JS Terhadap Hak Nafkah Iddah ]]>
<![CDATA[Fatimatuz Zahro]]>;
<![CDATA[Salsabila Annisa Rohmah]]>
<![CDATA[ MASADIR: Jurnal Hukum Islam Vol. 2 No. 1 (2022): April, 2022 ]]>
Publisher : <![CDATA[Universitas Kiai Abdullah Faqih (UNKAFA) Gresik ]]>
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DOI: 10.33754/masadir.v2i1.514
<![CDATA[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.]]>
