Journal Smart Law

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

Yunita Wati, Azhar — Tue, 01 Oct 2024 00:00:00 +0700

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, Muhammad Saleh — Sat, 26 Oct 2024 00:00:00 +0700

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, As’ad Badar — Sat, 09 Nov 2024 00:00:00 +0700

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, Abdullah Sani K — Sun, 24 Nov 2024 00:00:00 +0700

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, Syahrul Affan — Wed, 11 Dec 2024 00:00:00 +0700

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, Diyan Yusri — Tue, 17 Dec 2024 00:00:00 +0700

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 — Thu, 19 Dec 2024 00:00:00 +0700

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