Journal Smart Law

Peran Keluarga Inti Sebagai Hakam Dalam Penyelesaian Syiqaq Perspektif Maqashid Syariah (Studi Kasus Desa Cempa)

Yunita Wati — 2024-10-01

This research is motivated by the occurrence of syiqaq in Cempa Village which was resolved non-litigation by the nuclear family who became the peacemaker (hakam). There are three points that are the focus of this problem, with the aim of knowing the factors causing syiqaq in Cempa Village, then the role of the nuclear family as hakam in resolving syiqaq in Cempa Village and a review of maqashid sharia in resolving syiqaq according to the MUI of Langkat Regency. This research was conducted using a field research method with a qualitative approach. The data were obtained using interview, observation, and documentation techniques. Data analysis using a descriptive method. The conclusion of this study is that the way the nuclear family resolves syiqaq in Cempa Village, Hinai District is by calling both husband and wife who experience syiqaq, then providing positive views and advice so that they do not continue their intention to divorce. Therefore, it is very necessary to have the right resolution and solution by reminding couples and families who are in polemics and feuds not to forget the pure purpose of a marriage, which includes creating a family that is sakinah, mawaddah, and Rahmah as the benefits of a marriage. And eliminating various things that cause harm that can result in harming and destroying a marriage.

Larangan Menikah pada Bulan Muharram pada Masyarakat Suku Jawa di Desa Pantai Cermin

Sri Nurmaya — 2024-10-26

The prohibition on marriage during the month of Muharram is a tradition that still persists in the Javanese community of Pantai Cermin Village. This research aims to reveal the meaning, practice and transformation of this tradition in the context of dynamic
socio-cultural change. Through a qualitative approach that combines in-depth interview methods, participant observation, and document study, this research seeks to understand how this tradition is constructed, maintained, and transformed by society. The results of the research show that the prohibition on marriage during the month of Muharram has strong historical roots related to beliefs. Javanese animism and cosmology. This tradition is believed to have symbolic meaning related to the cycle of life, fertility and fate. Apart from that, this prohibition also functions as a social control mechanism, maintaining politeness values, and strengthening group identity. However, in the context of modernization, this tradition has experienced a shift in meaning and practice. The younger generation tends to be more open to change and is starting to question the rationality of the ban. Factors such as education, urbanization, and the influence of mass media also influence people's attitudes towards this tradition. This research highlights the importance of understanding the dynamics between tradition and modernity in the context
of rural community life. Tradition is not something static, but a social construction that continues to change along with changing times. The prohibition on marriage during the month of Muharram is a concrete example of how traditions can survive and change at the same time. The results of this research have implications for efforts to preserve culture, develop policies that are sensitive to diversity, and a deeper understanding of the socio-cultural dynamics of society.

Pandangan MUI Kabupaten Langkat Mengenai Mekanisme Kerja Dokter Ahli Kandungan Laki-laki dalam Menangani Wanita Hamil dan Melahirkan (Studi Kasus RSU Mahkota Bidadari Gebang)

Sena Sahputri — 2024-11-09

Observations show that more male obstetricians treat pregnant women than female doctors, which raises ethical and Islamic considerations regarding aurat. This study aims to explore the views of the Indonesian Ulema Council (MUI) of Langkat Regency regarding the work mechanism of male obstetricians in handling pregnant women and giving birth at Mahkota Bidadari Gebang Hospital. The research method used is a qualitative approach with the type of field research and case study, which involves observation, interviews, and documentation as data collection techniques. The results showed that in emergency situations, where there are no female doctors available, male obstetricians are allowed to treat female patients, as long as they adhere to the basic principles of sharia such as maintaining aurat and ensuring there is a companion during the examination. The MUI of Langkat District confirms that under normal conditions, female doctors are the first choice to handle female patients to maintain honour and privacy, but leeway is given in urgent circumstances to ensure the safety and health of patients are maintained in accordance with Islamic values.

Dampak Meninggalkan Istri Bertahun-tahun Tanpa Dinafkahi terhadap Status Suami Menurut Imam Syafi'i

Dina Oktavia Waode — 2024-11-24

This study aims to analyze the law of leaving a wife for years without maintenance based on the views of Imam Syafi'i, especially in the situation of a mafqud (missing) husband. This research uses a qualitative approach with a library research method, which collects data from various literature sources such as books, scientific works, and scholarly opinions. Data collection techniques are carried out through literature studies that focus on Islamic legal studies related to the husband's responsibility towards his wife. The data analysis techniques used include descriptive and comparative analysis, which aims to describe and compare the views of various scholars, especially from the Syafi'i school of thought. The results showed that according to Imam Syafi'i, a husband is obliged to provide maintenance to his wife as long as the marriage is still valid, even though he is far away or his whereabouts are unknown. In the case of a mafqud husband, Imam Syafi'i argues that the wife can sue for divorce if the husband does not return for a long time. Imam Shafi'i also distinguishes between the opinions in qaul qadim and qaul jadid regarding the time limit for the wife to wait. In qaul qadim, the time limit is 90 years, while in qaul jadid, the wife must wait until there is certainty of the husband's death. If the husband comes after the wife remarries, the second marriage can be annulled. This result underscores the importance of the balance of rights and obligations in marriage from the perspective of Islamic law.

Analisis Yuridis SEMA No. 3 Tahun 2023 Terhadap Kasus Perceraian di Pengadilan Agama Stabat

Ramadani — 2024-12-11

The increase in the number of divorce cases always increases significantly every year, even though divorce is a right for everyone who is married, of course it is something that should be avoided. In order to make divorce more difficult, the Religious Chamber of the Supreme Court then set benchmarks for granting divorce claims in the religious court environment by issuing Supreme Court Circular Letter No. 3 in 2023, in order to be able to reduce the divorce rate, which always increases every year. Then of course to find out the impact of implementing SEMA No. 3 of 2023 regarding the handling of divorce cases in the Stabat Religious Court requires in-depth research with the aim of providing concrete data about the effectiveness of the latest regulations on divorce cases that occur in Langkat district. By using a qualitative research approach, in order to gain understanding and describe conditions in a complex manner, the collection of data sources and data analysis were taken from the results of observations, documentation and interviews, resulting in several research results, namely that there is a significant difference in the number of divorces before 2023 with the number divorce after 2023 and there are clear juridical reasons for refusing to handle cases in order to implement the principle of making divorce difficult from judges and legal practitioners.

Dampak Penyuluhan Keluarga Sakinah oleh Penyuluh Agama Islam Terhadap Proses Pemulihan Narapidana di Lapas Narkotika Langkat

Muhammad Fahri Nasution — 2024-12-17

This research is entitled the impact of family counseling by Islamic Religious Counselors on the recovery process of prisoners in Langkat Narcotics Prison, The problem of drug abuse, both use and illicit trafficking of narcotics at this time is a problem that is difficult to overcome and is constantly discussed. The research problem is to find out and understand the impact of family counseling by Islamic Religious Counselors on the recovery process of prisoners in Langkat Narcotics Prison, the problem of drug abuse. The research method used in this study is a quantitative method, namely one that focuses on the influence between variables that is objective and relatively short. In addition, as a complement, interviews and sampling were also conducted with several prisoners and prison managers. Based on the results of research conducted by the author, the calculated rxy value of 0.597 shows that the value is in the 0.41 - 0.70 group, which means that between variable X and variable Y there is a moderate or sufficient correlation, so it was found that in the research hypothesis, the author stated that There is a relationship between sakinah family counseling by Islamic Religious Counselors and the recovery process for prisoners in the Langkat Narcotics Prison, which was tested by looking for the correlation index value and was found to be acceptable. So it can be concluded that there is a positive and significant relationship between sakinah family counseling by Islamic Religious Counselors and the recovery process of prisoners in Langkat Narcotics Prison

Problematika Pesta Pernikahan Antara Kakak Beradik di Tahun yang Sama Pada Masyarakat Desa Teluk Bakung Tanjung Pura Menurut ‘Urf dalam Hukum Islam

Sri Herianda — 2024-12-19

Marriage is sacred for all humans. However, the prohibition of marriage is certainly an obstacle to this sacredness. In the tradition of the Malay and Javanese communities in Teluk Bakung Village, Tanjung Pura District, there is a tradition that prohibits the marriage of siblings in the same year. This tradition has been passed down from ancestors, if violated, the community believes that the household will not be able to live in harmony and peace so that it is difficult to realize a sakinah, mawaddah, and rahmah household. However, this tradition is contrary to Islamic law where the prohibition of marriage can only arise from the consequences of lineage, different religions, previous marriage relationships, the consequences of divorce, and during the iddah period. This study discusses how the prohibition of marriage between two siblings in the same year for the Javanese and Malay tribes in Teluk Bakung Village and what factors cause the prohibition of marriage between siblings in the same year. This type of research uses qualitative research. The data used are primary data and secondary data obtained through interviews. The data is then processed and analyzed using a qualitative approach. The results of the study show that the prohibition of marriage between siblings in the same year is caused by several things. First, the belief that is passed down from ancestors from generation to generation. Second, there is a belief in the bad impact or disaster if the community continues to carry out the prohibition, as in several examples of cases that already exist

Perilaku Bully Siswa Menurut Pandangan MUI Kabupaten Langkat (Studi Kasus di MIN 5 Langkat)

Afifuddin Al Ishlah — 2024-12-25

One negative form of social interaction between students is bullying. Bullying is considered inappropriate or deviant behavior because it has serious consequences. The purpose of this research is to explore bullying behavior among students, its psychological effects on the victims, the psychological effects on the perpetrators, and the perspective of the MUI (Indonesian Ulema Council) Langkat on bullying behavior at MIN 5 Langkat. This study uses a qualitative research method, which is descriptive and analytical, with data in the form of words, sentences, diagrams, or images rather than statistical numbers. The data collection techniques used are observation, interviews, and documentation. The data analysis technique involves analyzing the data simultaneously during the data collection process. The research results show that: first, the most common forms of bullying at MIN 5 Langkat are verbal and physical bullying. Second, the psychological effects on victims of bullying include disruptions in learning, social interactions, and personal development. Victims of bullying become fearful, withdrawn, lack enthusiasm for school, suffer from low self-confidence, have difficulty concentrating, and experience a decline in academic performance. Third, the psychological effects on perpetrators of bullying at MIN 5 Langkat impact their academic performance and social relationships. Fourth, MUI Langkat's view of bullying behavior at MIN 5 Langkat, namely that bullying behavior at MIN 5 Langkat is still in the mild category, but in Islam it does not allow and does not tolerate bullying behavior, therefore MUI Langkat hopes that the madrasah will take several actions to reduce bullying behavior. even to the point where it no longer exists at MIN 5 Langkat.

Dampak Ketidakharmonisan dalam Rumah Tangga (Studi Kasus Pengadilan Agama Stabat Kelas I-B dalam Perkara Cerai Gugat dengan Nomor Perkara 1350/PDT.G/2023/PA.STB)

Nuryufa Maura — 2024-12-25

Household disharmony experienced by a husband and wife in a divorce case with case number 1350/Pdt.G/2023/PA.STB. begins with the wife's boredom with the husband's behavior which makes the wife feel uncomfortable and insecure. This study aims to determine the factors that cause husband and wife to be disharmonious in the household, then to determine the impact of disharmony in the household in the Divorce Case with Case Number 1350/PDT.G/2023, and to find out how the Religious Court's decision on the divorce case is based on Law Number 1 of 1974 concerning Marriage. The method used in this study is a qualitative research method which is included in the type of field research. This study uses focus group methods, in-depth interviews, and observations in collecting data. There are 4 stages carried out by researchers in analyzing data, namely data collection, data reduction and categorization, data presentation, and verification. The results of this study are about disharmony in the household focusing on various factors that influence husband-wife relationships and their impact on individuals, families, and society. From several prolonged household conflicts, especially in divorce cases with the number 1350/Pdt.G/2023/PA.Stb, which resulted in divorce or the end of the relationship between husband and wife in a marriage bond, this case was decided by the Stabat Religious Court on August 28, 2023 AD, coinciding with the 11th of Shafar 1445 Hijriah by Dra. Siti Masitah, S.H as Chair of the Panel, Drs. Maimuddin and M. Rizfan Wahyudi, S.H, each as Member Judges.

Dampak Peralihan Hak Asuh Anak yang Belum Mumayyiz Menurut Hukum Islam

Dewi Sartika — 2024-12-28

Basically, mothers have more rights than fathers in terms of child care, however, when there is a divorce case, there are many cases of child custody disputes in the Religious Courts in Indonesia, many of which are still found that the mother is disqualified as the holder of the child's rights who have not yet mumayyiz because there are provisions that are not met. This study aims to determine the rights of child custody according to Islamic Law, the transfer of child custody rights that have not yet mumayyiz due to the loss of the mother as the holder of child custody rights and its impact on the status of the child according to Islamic Law and a comparison of the transfer of child custody rights that have not yet mumayyiz due to the loss of the mother as the holder of child custody rights according to Islamic Law and Positive Law in Indonesia. This study is a library research by collecting data from the Qur'an, Hadith, Compilation of Islamic Law, Legislation, Civil Law and Child Protection Law relating to the impact of the transfer of child custody rights that have not yet mumayyiz and secondary data sources, namely previous research, journals, articles that are relevant to the theme of this study. The author uses descriptive data analysis, namely describing, presenting or explaining various existing data/theories related to the impact of the transfer of child custody rights that are not yet mumayyiz according to Islamic Law. The results of the study explain that according to Islamic Law, child custody (hadhanah) is the maintenance of children who are not yet independent or who are not yet mumayyiz and who still need education, care or supervision and affection from their parents so as not to endanger their lives or bodies. The transfer of child custody rights that are not yet mumayiz due to the mother's demise as the holder of child custody rights is caused by the mother's physical and mental inability, the mother's immoral behavior, and others. The impact of the transfer of child custody rights that are not yet mumayyiz due to the demise of the mother as the holder of child custody rights for the child's status according to Islamic Law is in several ways, namely legal status: custody rights: lineage rights (descent) and maintenance rights. The comparison of the transfer of custody of children who have not yet mumayyiz due to the death of the mother as the holder of child custody according to Islamic Law and Positive Law in Indonesia is that it has similarities in giving custody rights to the mother for children who have not yet mumayyiz, with the possibility of transferring custody rights to the father if the mother dies and in the principle of the best interests of the child.

Gugurnya Izin Poligami Pengadilan Agama Stabat Perspektif Maqashid Syariah (Telaah Putusan Pengadilan Agama Stabat Nomor 1630/pdt.G/2023/PA.Stb)

Metanur Fazri — 2024-12-30

it is feared that someone will commit an act that violates Islamic law, which of course will violate the maqashid sharia. This study aims to determine the ins and outs of the Religious Court Decision Number 1630/pdt.G/2023/PA.Stb, the basis for decision making and its relationship from the perspective of maqashid sharia. The method in this study is descriptive qualitative with a case approach. The data collection method is by observation, interviews, and documentation. The author conducted data analysis and processing using deductive analysis. The results of the study explain the case of the Religious Court Decision Number 1630/Pdt.G/2023/PA.Stb, which is an application for a polygamy permit submitted by a 33-year-old fish collector who wants to remarry a widow from Malaysia. The applicant has completed the required documents, such as sufficient income and a letter of permission from his first wife, in accordance with applicable legal provisions. The applicant expressed his concern that he would commit acts prohibited by religion because he often went to Malaysia and met his prospective second wife. This is one of the reasons for applying for a polygamy permit. The judge's basis for deciding the Religious Court Decision Number 1630/Pdt.G/2023/PA.Stb which dismissed the polygamy permit application was the consequence of the applicant's absence after the failed mediation process. Although the applicant's substantive reasons for polygamy are acceptable according to law and sharia, negligence of legal procedures is the main reason for the dismissal of this application. This shows the importance of the applicant's consistency and seriousness in following the trial process until completion. The relevance of the religious court decision number 1630/Pdt.G/2023/PA.Stb which dismissed the application for a polygamy permit from the perspective of maqashid sharia is that the decision to dismiss the application for a polygamy permit was based on the absence of the Applicant in the trial process. The judges are of the opinion that maqashid sharia requires cooperation from both parties, but the absence of the applicant hampers the assessment process for this aspect. The dismissal of this application was decided not because of rejection, but due to absence which resulted in the failure to achieve the objectives of maqashid sharia.

Tinjauan Hukum Islam Mengenai Kriteria Memilih Calon Pasangan Hidup (Studi Kasus pada Mahasiswa Prodi Hukum Keluarga Islam STAI Jam’iyah Mahmudiyah Tanjung Pura

Alifiyah Amanda — 2025-01-02

Choosing a life partner is the first stage that must be passed before marriage. Lessons about marriage including choosing a life partner have been taught especially to students of the Islamic Family Law Study Program. This study aims to determine the views of students of the Islamic Family Law Study Program at STAI Jam'iyah Mahmudiyah Tanjung Pura regarding the criteria for choosing a prospective life partner and then reviewed according to Islamic law. The research method used in this study is a qualitative research method that is descriptive in nature with an empirical approach. The informants in this study were final year students of Islamic Family Law Study Program, Head of STAI Jam’iyah Mahmudiyah Tanjung Pura and Head of Islamic Family Law Study Program. Data collection used observation, interviews and documentation methods. Data analysis by means of data reduction, triangulation and drawing conclusions. The results of the study explain the factors that are considered in choosing a life partner for students of the Islamic Family Law Study Program, STAI Jam'iyah Mahmudiyah Tanjung Pura, including religious and piety factors, economic factors and family background factors, equivalence (kufu'), physical appearance, physical and mental health, parental and family blessings with the most important factor being religious factors. The criteria for choosing a prospective life partner according to students of the Islamic Family Law Study Program, STAI Jam'iyah Mahmudiyah Tanjung Pura are divided into two, for female students the criteria are men of the same religion, men who are strong in their religion, men who are ready to lead a household, men who are able to finance their lives, diligent in working, have a gentle and loving attitude, are patient, fair and wise, honest and trustworthy and are willing to learn and improve themselves to be better. For male students the criteria are: pious women, beautiful, fertile women, virgins (not widows), knowledgeable and able to educate children and those who are not close relatives. The views of students of Islamic Family Law Study Program of STAI Jam’iyah Mahmudiyah Tanjung Pura regarding the criteria for choosing a prospective life partner are that the majority of students have demonstrated a comprehensive understanding and are in accordance with Islamic law.