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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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INDONESIA
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 52 Documents
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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.
Tinjauan Hukum Islam Terhadap Praktik Mediasi Dalam Penyelesaian Perkara Cerai Gugat Di Pengadilan Agama Wates Yogyakarta M Nurul Fadhlan; Dzulkifli Hadi Imawan
MASADIR: Jurnal Hukum Islam Vol. 2 No. 2 (2022): Oktober 2022
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v2i2.531

Abstract

Court is an institution that plays a role in resolving cases through mediation, while in Islam it is called sulh and mediation is an effort to reconcile the parties to resolve the problems they face, as a mediator must be neutral and impartial to anyone because the mediator acts as a mediator for them, the mediator also offers a solution or a way out for them. The purpose of this thesis is to find out how the practice of mediation in the settlement of divorce cases at the Wates Religious Court and also to find out the factors that cause successful and unsuccessful mediation in the process of resolving divorce cases. This research uses field research and is supported by library research This research approach is a qualitative research using descriptive data analysis technique. And the source of the data found in the form of primary and secondary data. The data collection techniques used in this study used interviews and literature studies. The findings obtained by researchers in this case are as follows: first, the implementation of the mediation process at the Wates Religious Court has not been fully effective, this is proven by data from the last 2 years of divorce cases. sued only ten couples who succeeded in mediation. The second, from the results of interviews with the mediator judge, explained that there were also several factors that caused the mediation process to be unsuccessful, namely from his side there was also no goodwill to be together and there was no transparency regarding the parties' household problems. And the factors for the success of the mediation are because the parties find common ground from their problems, and the parties have agreed to make peace and the support factor from the family.
Protokol Pemulasaran Jenazah Akibat Covid-19 Berdasarkan Fatwa MUI No. 18 Tahun 2022 Azzahra Sabrina Hanifa; Adede Dicky Ardian; Yaniz Naura Naviana Haryadi
MASADIR: Jurnal Hukum Islam Vol. 2 No. 2 (2022): Oktober 2022
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v2i2.549

Abstract

This article aims to provide an explanation of the law regarding the handling of corpses infected with Covid-19 (an analysis study of the MUI Fatwa Number 18 of 2020). The main problem in this research is what is the MUI's view of the law regarding the management of the bodies of Covid-19 victims? What is the analysis of MUI Fatwa Number 18 of 2020 regarding the protocol for treating bodies infected with Covid-19? The type of research used in this research is qualitative research (descriptive qualitative). The data source used is library research. The approach used is a normative approach, namely legal research conducted by examining literature review materials or secondary data as the main material for research by conducting a search of various regulations related to the problem to be studied. The data collection method used is by reviewing manuscripts and studying literature. The data collected mainly comes from books that are primary, then followed by supporting books that are secondary and as a complement, the researcher also uses tertiary data in providing an explanation of primary and secondary data. The data processing method is by reviewing, checking and interpreting the collected data so that the phenomenon being studied can be described. Furthermore, for the data analysis method, the researcher used a descriptive qualitative method, namely analyzing data which was carried out by presenting various data from the results regarding the process of handling the bodies of Covid-19 according to the MUI Fatwa. The results of the research are from the researcher's analysis to answer the problem of how the protocol for treating corpses due to Covid-19 is based on the MUI Fatwa Number 18 of 2020, in accordance with the results of the MUI Fatwa study Number 18 of 2020, in the view of sharia, Muslims who died due to the Covid-19 outbreak are included the category of martyrs in the afterlife and the rights of the corpse must be fulfilled, including washing, shrouding, offering prayers, and burial, where the implementation must maintain the safety of officers by complying with medical protocol provisions. Keywords: Restoration Protocol, Dead Body of Covid-19, MUI Fatwa No. 18 of 2020
Hukum Waris Islam: Solusi Akhir Untuk Ketimpangan Sosial Terhadap Perempuan Miftakur Rohman
MASADIR: Jurnal Hukum Islam Vol. 2 No. 2 (2022): Oktober 2022
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v2i2.577

Abstract

When a person passes away, most of his rights, according to Islamic law, are given to his heirs and representatives. All property rights, usufructuary rights, and other collateral rights are included in this transferrable right. The Islamic system of inheritance features a broad distribution plan centered on a larger familial circle. The work that must be accomplished for each of the parts determines how they differ from one another. However, there is significant discrimination against the social roles of women. Therefore, a woman's inherited share becomes significant if she is granted the ability to use that portion.
Praktik Jual Beli Pada Agrowisata Petik Buah Jeruk Di Desa Waru Kecamatan Palang Kabupaten Tuban Perspektif Hukum Islam Habib Masyhudi; Zulfa Imroatus Shofiyah
MASADIR: Jurnal Hukum Islam Vol. 2 No. 2 (2022): Oktober 2022
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v2i2.578

Abstract

Tuban is one of the districts supporting the national food storage in East Java, where there are tourist attractions for citrus fruit picking gardens. Agriculture-based tourism will provide great opportunities for farmers and communities to expand the agricultural sector and increase income. The agro-tourism system for picking oranges in Waru Village, Palang District, Tuban Regency, is that every visitor who wants to enter an orange garden does not have an entry ticket, but is required to buy the fruit. Here the author is interested in researching this practice from the perspective of Islamic law. This study uses a qualitative method, data collection is done through interviews, observation, documentation, and meaning. The results of the analysis of buying and selling practices in citrus fruit picking agro-tourism concluded that buying and selling practices there did not meet the requirements in the specified buying and selling, namely the conditions of aqid (a person who has a contract), which should be the requirements of an aqid being baligh, intelligent, tamyyiz and without coercion, while on the other hand there is no opportunity for the buyer to cancel if he has agreed to the contract for granting permission to enter with these conditions. According to the Malikiyah and Hanafiyah scholars, a sale and purchase that has not fulfilled one of the terms and pillars means that the contract is classified as a vanity contract and the fiqh scholars state that a false contract is classified as an invalid contract..
EFEKTIVITAS SANKSI PIDANA BAGI PELANGGARAN TINDAK PIDANA PEMILU Rizka Amaliatus Syafaah
MASADIR: Jurnal Hukum Islam Vol. 3 No. 01 (2023): April 2023
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v3i01.582

Abstract

In Indonesia, violations of election crimes are not something new. In fact, violations of election crime are almost always found in every election period that take place. During the last election period in 2019 to be exact, there were around 548 findings and reports of election crimes that reached the court examination stage. And in the previous period (2014 election) there were also around 70 findings of criminal violations. Even though there are regulations and sanctions that strictly regulate this matter, these violations still occur. This Article aims to analyze empirically regarding the effectiveness of criminal sanction for violations of election crimes. The research method used in this research is empirical research, where this research focuses on harmony between the reality that occurs in society and existing laws. This study concludes that the effectiveness of criminal sanction as a tool to evercome the occurrence of election crimes cannot be properly practiced if they are not supported by the existence of legal awareness in society, the legal culture that exists in society and a sense of nationalism in order to achieve honest, clean and fair election, fair and not concerned with power and victory alone.
Kedudukan Perempuan Dalam Penentuan Mahar Menurut Madhab Syafi'i Dan Madzab Hanafi Abdul Halim; Achmad Lubabul Chadziq
MASADIR: Jurnal Hukum Islam Vol. 2 No. 2 (2022): Oktober 2022
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v2i2.590

Abstract

According to the Shafi school of thought, the concept of dowry does not burden the groom. Likewise, Article 31 KHI explains that the determination of a dowry is based on the principle of ease and simplicity recommended by Islam. However, sometimes there are prospective brides who ask or decide how much dowry should be given to them. Which can create difficulties for the groom-to-be. Unlike the Shafi'i school of thought, the Hanafi school of thought also has its own opinion. This study uses a qualitative method with a type of literature. While data collection techniques by reviewing, researching, understanding and analyzing literature, documents, which are then analyzed using comparative methods to draw valid conclusions. the conclusion shows that in the Shafi'i and Hanafi schools of thought, any item or object that may be used as a medium of exchange, whether in the form of goods or benefits, may also be used as a dowry or dowry. According to the Shafi'i school of thought, there is no definite stipulation on how much or how little the dowry is, but the sunnah is a minimum of 10 dirhams and a maximum of 500 dirhams. Meanwhile, according to Imam Hanafi, the minimum dowry is the same as the amount of stolen property that the thief must cut off his hand, which is 10 dirhams or 1 dinar. Meanwhile, the position of a woman in determining the dowry is a woman's right that must be paid by a man as proof of the seriousness of her love and affection.
Kajian Terhadap Standar Dan Sistem Sertifikasi Halal Yang Efektif Untuk Meningkatkan Daya Saing Usaha Di Pondok Pesantren Mambaus Sholihin Mohammad Majduddin
MASADIR: Jurnal Hukum Islam Vol. 2 No. 2 (2022): Oktober 2022
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v2i2.594

Abstract

This study aims to analyze the effectiveness of Halal Certification System (SSH) in supporting the growth of micro, small and medium enterprises (UMKM) in the Mambaus Sholihin Islamic Boarding School area. The method used in this research is descriptive qualitative by collecting data through interviews, observation, and documentation. The results of the study show that the implementation of SSH has had a positive impact on the growth of UMKM, especially in terms of increasing sales, developing new products, and increasing consumer confidence in the products being sold. In addition, SSH also assists UMKM in increasing the efficiency and effectiveness of the company's operations and fulfilling the halal standards set by the relevant halal certification bodies. However, there are several obstacles faced by UMKM in implementing SSH, such as limited human resources and high costs for halal certification. Therefore, support from the government and halal certification institutions is needed so that UMKM can more easily implement SSH and increase their business competitiveness in the market.
Kehujahan Sadd Ad-Dzari'ah Dalam Penundaan Kehamilan Pada Masa Pandemi Covid-19 Fashihuddin Arafat
MASADIR: Jurnal Hukum Islam Vol. 2 No. 2 (2022): Oktober 2022
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v2i2.598

Abstract

The purpose of this study is to analyze the policy of delaying pregnancy during the Covid-19 pandemic as advised by the Head of the BKKBN or (National Population and Family Planning Agency) Dr. Hasto Wardoyo, Sp. OG (K). The Sadd Ad Dzariah method is used as an analytical knife with a descriptive-normative approach. The results of the study show that the policy of delaying pregnancy is permissible, meaning that it is permissible to use one of the hujjah or Istinbath of Islamic Law in certain cases which contain means or paths to benefit and not for means or paths to disobedience (mafsadatan), blasphemy Sadd Ad-Dzari' Ah is as a preventive effort, namely prioritizing a greater good interest than other interests and rejection of a bad thing that is bigger than other bad things. In other words, this appeal is an attempt to create benefit and an effort to prevent harm.
Pengaruh Wakaf Saham Dan Wakaf Produktif Terhadap Pasar Modal Syariah Serta Pertumbuhan Ekonomi Masyarakat Mohammad Majduddin
MASADIR: Jurnal Hukum Islam Vol. 3 No. 01 (2023): April 2023
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v3i01.670

Abstract

This research aims to analyze the direct and indirect effects of stock endowments and productive endowments through the Islamic capital market on economic growth in Indonesia. The analysis method used is path analysis. The results of the research show that, directly, stock endowments have a positive and significant influence on the Islamic capital market, and the Islamic capital market also has a positive and significant influence on economic growth. On the other hand, productive endowments do not have a significant direct influence on the Islamic capital market or economic growth. Indirectly, both stock endowments and productive endowments through the Islamic capital market have a negative and non-significant influence on economic growth. Based on these analysis results, it can be concluded that stock endowments can be used as an instrument to develop the Islamic capital market in Indonesia and contribute positively to economic growth. Meanwhile, productive endowments still do not have a significant influence on the Islamic capital market or economic growth. Therefore, efforts are needed to enhance the effectiveness of productive endowments in driving the Islamic economy in Indonesia

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