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.