ASMUNI, ST., MM
2022 · Article · Open Access
<p><em>Najm al Din Al Thufi (Read. Najmuddin At-Thufi) was born in Baghdad Thuf Year 675 H/ 1277 M and died in 716 H in the city of Medina. He is known as the mujaddid mujtahid, al Thufi is considered to be a person who develops liberal thought in Islam because of his thoughts on the theory of mashlahah. This research is a library research using a normative approach and text analysis method. This study wanted to find the truth about Al Thufi liberal thinking in the field of Islamic political mashlahah, the result is that not true when al thufi regarded as liberal scholars, because mashlahah resting on precedence should only be reasonable if not contrary to the texts.</em></p>
ASMUNI, ST., MM
2022 · Article · Open Access
<p><em>It is different from the opinion of other religious scholars who state that</em><em> </em><em>mustahiq of zakat</em><em> </em><em>fitrah is the same as mustahiq of zakat mall as it is</em><em> </em><em>Allah's command in QS. Al-Taubah verse 60. Imam of the Maliki School and</em><em> </em><em>some Malikiyah scholars argued that mustahiq of zakât fitrah </em><em> </em><em>is a indigent and poor group, this is based on instructions of</em><em> </em><em>Rasulullah SAW. The existence of ikhtilâf in providing group boundaries for</em><em> </em><em>this mustahiq of zakât fitrah will be very interesting to be investigated further,</em><em> </em><em>especially if it is associated with the obligation to carry out the order</em><em> </em><em>zakât fitrah for every Muslim and wisdom contained in the order</em><em> </em><em>zakat fitrah</em><em>.</em></p>
ASMUNI, ST., MM
2022 · Article · Open Access
<p><em>The justice is viewed from any perspectives and aspects, it means the justice must be positioned as well as possible depends on the situation and time (when and where). In law empowerment all people have the same position and they should get their human right.</em><em> Method which is used in this study was library research. There </em><em>is a phenomena where the human right is not found in every human life, but actually it must reach all factors of the human life which having different and balanced. In deciding the justice for human life, it must be as proportional as possible eventhough the right is not always reaching the same position.</em></p>
ASMUNI, ST., MM
2022 · Article · Open Access
<p><em>The tackling of money laundering through the criminal Justice System has not been debatable as long as it is handled by sub-systems in the criminal justice system such as the police and prosecutors since they have been bestowed a clear mandate in law. That raised a question, what about</em><em> Corruption Eradication</em><em> </em><em>Commission or </em><em>KPK?</em><em> </em><em>In Article 6 letter C Act no.30 of 2002 on the </em><em>C</em><em>orruption Eradication Com</em><em>m</em><em>ission (Law of KPK) e</em><em>x</em><em>plicitly and clearly reveal</em><em>ed</em><em> that the KPK has a duty t</em><em>o</em><em> conduct the initial investigation, investigation and prosecution of corruption. That article also did not provide the further explanation. For that reason, the authority of KPK in conducting initial investigation, investigation and prosecution is only regarding the criminal act of corruption.</em></p><p><em>In several corruption cases settling, KPK also often tried to apprehend the perpetrators through the law of prevention and Eradication of Money Laundering Crime. Many People criticized KPK but some gave the appreciation on KPK’s efforts in asset recovery. That was also addressed to KPK on its’ authority in investigating and prosecuting TPPU. In the case of No. 39/Pid.Sus/ TPK/2013/PN.Jkt.Pst with the accused Ahmad Fathanah, Joko Subagion and I made Hendra as 2 (two) members of the judges’ panel stated dissenting opinion. It declared that KPK has the authority to investigate TPU but it is only concerning with the wealth which is suspected from a criminal act of corruption. Actually, the authority to persecute TPPU is on the general attorney. Meanwhile, persecutors of KPK does not have the right to file the indicment and demand of the TPPU. Therefore, the indictment related to money laundering should be declared unacceptable. It brings the writer’s unrest on the criminal law enforcement’s practice. It is especially in the eradication of money laundering since it is supposed that law enforcement does no provide justice for justicia belene, certainty and expediency in asset recovery.</em></p>
ASMUNI, ST., MM
2022 · Article · Open Access
<p><em>The Lost Money or Given Money” is called Uang Ilang in term of Minangkabau culture. It is a gift in the form of a sum of money by the bride and groom given to the prospective bridegroom. The payment of “the lost money” is done through intermediary the head of the tribe between the two sides of the family. This tradition of “the lost money” is a customary requirement that must be met by the family of the bride to the prospective groom. The amount of money may vary depending on the request of the head of the tribe or the male family to the prospective bride. There are two aspects that determine the amount of money payments first, the cultural aspects and socioeconomic status. The purpose of this study is to describe how the implementation of traditions of “the lost money” in South Campago District. This research used descriptive method with qualitative approach. Data collection by interview and supported by supporting books related to “the lost money”. The result of this research is known that marriage with “the lost money” tradition system is customary law that has been applied to South Campago District community. In the implementation by finding the source of “the lost money” by borrowing, participation from the head of the tribe, helps from the groom if the couple is dating and t”the lost money” be the responsibility of the parents. The high low payment of illicit money for now is also influenced by the social status of the prospective bridegroom but most of the people do traditions of “the lost money” more to the cultural aspect so the number of payers is only as a customary filler only.</em></p>
ASMUNI, ST., MM
2022 · Article · Open Access
<p><em>The Case No. 287/ Pdt. G/ 2006/PA. Pdg. is a lawsuit Wasiat Wajibah submitted to the Religious Court of Padang. The Religious Court of Padang sets the plaintiff on this case as an adopted child who is entitled to obtain a mandatory will from his foster mother's estate. Where as between the plaintiff and his adoptive mother has a very close kinship relationship. The plaintiff is the real child of his adoptive brother's brother, while at that moment the plaintiff's adoptive mother was the heir of Kalâlah. The Law of Inheritance of Islam recognized the right of inheritance to the sister’s child. Sister’s son's inheritance is not clearly contained in the Qur'an and the hadith of the Prophet Muhammad pbuh. However, sister’s child's inheritance rights are basically through the extension of the understanding of other whose rights are described in the Qur'an, because if he or she has no sister and brother, the position can be replaced by the child. Sister’s child will not get the right as long as his father who connects him to the heir is alive. This can be understood as the concept of "Expanding Brotherhood Meanings". Thus, the decision of the Religious Court of Padang on the Wasiat Wajibah which sets the plaintiff to obtain the right to the property of his adoptive mother through Wasiat Wajibah is not appropriate. This is because the plaintiff has a very close kinship with his adoptive mother. Therefore, the plaintiff is more aptly part of the heritage of his adoptive mother through his right as an heir (ashâbul furûdh), not as a mandatory will. This is because the plaintiff replaces the position of his biological father as the heir because he has died earlier than his adoptive mother. The Plaintiff is entitled to receive a share of furûdh against the inheritance of his adopted mother. The furûdh portion obtained is based on the letter of al-Nisâ verse 176.</em></p>
ASMUNI, ST., MM
2022 · Article · Open Access
<em>This research is based on the problems in the distribution of common property. First, the emerging of differences in the system of distributing of common property in talak raj'i and talak ba'in. Second, the occurrence of expansion in terms of income during marriage such as the existence of insurance. Third, the existence of the agreement in marriage before the joint property is shared. The result of the research shows that in the sociology perspective of Islamic law the effort to share the common property: first, in the case of divorce because the situation is still in the iddah period of talak raj'i, property should not be divided because it minimizes the possibility of reunification. Unlike the case if talak ba'in, property should be devidedd soon because it certainly will not be reunited. Second, in response to the expansion of common property such as the existence of insurance money, all Indonesian Judge agreed that all property acquired during marriage is related to Taspen Insurance, Asabri Fund, Labor Insurance, Traffic Accident Fund, Passenger Accident Fund, Life Insurance Fund, Property of Luggage, Credit that has not paid off. Third, the agreement in marriage greatly affects the distribution of common property given the existence of Article 45, 52, and 97 Compilation of Islamic Law "divorced or divorced widow respectively entitled to two joint property as long as not specified in the marriage agreement.</em>
ASMUNI, ST., MM
2022 · Article · Open Access
<em>Mahram is an important problem in Islam because it can influence the behavior, halal and haram. In addition, mahram is a wise decision from Allah the almighty and it is also a perfection of this religion which manages all aspects of life. As a result, it is a must for us to know whom belongs to mahram and his right. Futhermore, mahram also reached the problem of in-tribe married. The problem is whether it is considered as an opposit opinion toward the existence of mahram or not. This problem is always debated by many religion experts and it has emerged many different groups of schools and also one punished another who prohibited in-tribe married case. As a conclusion the writer declared that this problem is not part of daruriyyat, but it is just a hajiyyat category. In another word we can say that in-tribe married is allowed in Islam.</em>
ASMUNI, ST., MM
2022 · Article · Open Access
<em><em>This paper is intended to describe the efforts that can be done to eradicate the violence in domestic life, especially to the wife. There are three theories of the interdisciplinary study; 1) the theory of classification of nash, 2) the theory of the effectiveness of the law, and 3) the theory of social action. Based on the data anlysis it could be found that first, there are a number of factors being the cause and source of violence against wives in domestic life. Second, understanding nash would distinguish objectives nash (maqâsid) from the temporal nash (wasâ’il). Third, it is important to build a legal culture of community, especially between husband and wife in domestic life, and importantly also changed a traditional behavior of society into a rational behavior. Fourth, the course of marriage becomes one of effective media introduced the law in in society, especially for husband and wife, in order to build a legal culture and change the traditional behavior of the society to be a rational one</em>.</em>
ASMUNI, ST., MM
2022 · Article · Open Access
<p><em><em>This study aims at analyzing the two forms of legal policy in the division of inheritance by using the principle of ishlah. The takharuj practices that develops in the Hanafi school allows the giving of inheritance rights to the heirs before the property is distributed (before the heirs dies) in the presence of the willingness of the other heirs. The term Ishlah is understood by giving rewards in exchange for the part of the resigned heirs. The principle of ishlah which permits the distribution of inheritance under the agreement of the heirs is also regulated in the Compilation of Islamic Law Article 183. But in that article, the existence of ishlah can be done after the heirs died (after the division of inheritance). This research is a library research by using normative law approach and analyzing the data by content analysis. As the findings from this study, there are several weak points in the completion of the takharuj so that clerics outside Hanafiyah school did not practice it. These weak points potentially violate the qath'i propositions and general principles in muamalah maaliyah. The peace (ishlah) in the Compilation of Islamic Law is easier to follow and does not violate the qath'i proofs in the Qur'an and Hadith.</em></em><em> </em></p>
ASMUNI, ST., MM
2022 · Article · Open Access
<p><em>The experts of the Islamic law methodology (Ushuliyyin) have inherited the ta'wil method; a method of discovering the esoteric meaning in the textual disclosure. The application of ta'wil method must be exactly based on predetermined rules of play. The mistake of understanding a method will have negative impact toward the law product. This phenomena was worried about by the ushuliyyin very much. This research is a library study with content analysis method. This study concludes that ta'wil according to ushuliyyin that is, the abrogation of a pronouncement of the meaning of zhahir to another meaning which is not quickly captured, because there is a proposition that the meaning is meant by the pronouncement. Evidence of ta'wil in the form of nash, qiyas, luhgawiyyah, 'aqliyyah, and' adad ('urf), and the argument disputed is the wisdom of al-tasyri' (maqashid al-syari'ah) which is practiced only by ulama ushul al-Hanafiyyah. Ta'wil covers the furu' problems. Ushuliyyin finds some form of ta'wil, among which specializes in general pronouncing (takhshish al-'am), limiting the mutlaq (taqyyid al-mutlaq), transfer the utterance from the essential meaning to the majazi, or from the obligatory meaning of the sunnah.</em><em> </em><em>Generally the ta'wil method is still considered relevant to the renewal of Islamic law.</em></p><p><em><br /></em></p>
ASMUNI, ST., MM
2022 · Article · Open Access
In the management of zakat, of there are parties that require regulations and need fatwa as a reference in the management of zakat. This type of research was normative research using qualitative analysis. The type of data in this research were secondary data which were taken from relevant books, internet media, documents, and previous research which studied about the farwa of about zakat. The data were analyzed by using qualitative data with method of analysis and normative study based on existing written sources. The results showed that from 1982 s.d. 2011 there were 10 fatwas discussing zakat that can be presented in detail as follow: 2 fatwas in 1982, 1 fatwa in 1996, 2 fatwas in 2003,1 fatwa in 2009,and 4 fatwasin 2011.<br /><br />
ASMUNI, ST., MM
2022 · Article · Open Access
So far the verdict courts made by Pengadilan Agama (PA/ Family Court) have been criticized for being too fixated on legal justice approaches and lack of attention to social justice approaches. This criticism demands that judge's understanding of the law holds to the spirit that underlies the formation of the law. The judge needs to use his or her authority to exercise legal discretion, using more moral rather than formal legal ideas. A judge must understand the law in the right contest and act as a creative lawyer. Discretion is the authority of the judge to decide cases with more consideration of the senseof justice, public interest and morality, which develops in society rather than deciding on the basis of the decisions of the regulations contained in the Law. This authority can be used an alternative in response to the absence and weaknesses in the application of legal principles in Civil Law System. Thus the law is expected to play a maximum role to serve the interests of the dynamic community put the interests of both parties who are in dispute and growing as well.<br /><br />
ASMUNI, ST., MM
2022 · Article · Open Access
Islam is a perfect religion and there is no Samawi religion after Islam. All laws are derived from alShari (AllahSwt) and this has covered all forms of human behavior. All these provisions are revealed to the Prophet Muhammad PBUH. So this makes Rasulullah PBUH as the main source in teaching syari `at. However, after Rasulullah PBUH past away there is no more revelations that come down to humans. This is the problem among Muslims. On that basis, Imam al-Syathiby gave birth to the concept of sukut al-Syari ' as one method of ijtihad in answering the absence of legal proof in Islam.<br /><br />
ASMUNI, ST., MM
2022 · Article · Open Access
One model of economic development in the era of globalization is the rapid development of capital markets in a country. Capital market is one form of alternative fundings for business development and possesses strategic place in the framework of national development, and investment facilities for investors who have excess funds. Many investors capitalize on the capital market to conduct investment portfolios of interest, and among the options used are bonds. Indonesia which applies dual system banking system realizes that instead of transactions originating from Conventional Financial Institutions, there are also ones in Sharia Financial Institutions. Basically, the the principle differences between the conventional economic system with the syari'ah economic system is the prohibition of transactions that use usury, which has been used by the Bank / Conventional Financial Institution. Syari'ah bonds are belived to be prospective, but their development is still hampered in technical problems and public understanding of this transaction. Less effective and efficient socialization and less familiarity of the people toward the profit and loss sharing transactions, or other sharia principles make people still think that Islamic bonds are the same as those of conventional. As a result the think that interest is identical weth profit sharing.<br /><br />
ASMUNI, ST., MM
2022 · Article · Open Access
This research was motivated by the number of potential married couples who do not perform Ta'aruf (islamic acquintance) process in accordance with Islamic teachings. In addition, there are still parents who tend to make economic and customary factors rather than religious ones. In the practice of khitbah, there are still customary rules that complicate that in turn prevent the marriage. The purpose of this research is to investigate information from the Qur'an about the concepts of Ta'aruf and Khitbah in accordance with Islamic teachings. This research was a library research which was done by collecting, reading, and reviewing books that have something to do with this discussion. The primary sources were the Qur'an and Tafsir related to the concept of Ta'aruf and Khitbah . The results of research showed that the concept of Ta'aruf in Al-Qur'an refers to being familiar with personality, social background, culture, education , family, and/or religion, while khitbah in Al-Qur'an refers to something which is done after the couple have felt they match through ta'aruf process. Khitbah (engagement) can be delivered with indirect or with a clear direct expression. Indirect engagement is done to the widow who is still in the iddah period. While the proposal with a direct expression is dcelivered to the widow who expired the period of iddah and to the virgin. Ta'aruf and khitbah in the Qur'an advocate to prioritize the religious aspect than any other factor since it is only religion that will be able to perpetuate marriage. In contrast, wealth, heredity, position and beauty will fade and one day will be lost. The Qur'anic rules on Ta'aruf and the Khitbah do not allow khalwat (solitary).<br /><br />
ASMUNI, ST., MM
2022 · Article · Open Access
<p><em></em><em><em>There have been five characteristics of a qualified school such as focusing on the customer, total engagement, measurement, commitment, and continuous improvement. Every educational institution including Islamic boarding school (IBS) is required to provide the best services to its customers. In this way, IBS need to be supported by a good management system; the existence of a regular mindset (administrative thinking), the implementation of regular activities (administrative behavior), attitude to the task activities well (administrative attitude), and so forth. To answer the various problems that exist in the educational environment the management should have an Integrated or Total Quality Management (TQM). One of its goals is to transform a school institution into a sincere team, without conflict and internal competition to achieve a single goal of satisfying all customers. TQM will provide educators professional solutions to meet today’s challenges and the future. It is because TQM can be used to build alliance between education, business and government. TQM can also shape the community responsive to the changing demands of society in this era of globalization. Besides, TQM form a responsive school and is able to respond to changes that occur in the field of education in order to give satisfaction to stakeholder.</em></em></p>
ASMUNI, ST., MM
2022 · Article · Open Access
Considering the love and affection of parents that have been given to their children, it can be humanly judged that if the parents take back (ruju’) the property that they have granted to their children, then this withdrawal may be justified. However, when speaking of Islamic laws, what are the regulations found in Islamic law concerning with ruju’? Is it legally permitted? Dealing with this issue, Islamic scholars have different opinions. This research was library research with descriptive analysis. After analyzing the opinions of Imam Syafi'i and Imam Abu Hanifah dealing with ruju’ which were suppoted with the reason of the two scholars, it can be concluded that the opinions of the two scholars can be used and carried out in accordance with the regulations that allow and forbid to withdraw the grant property.
ASMUNI, ST., MM
2022 · Article · Open Access
The implementation of marriage in Indonesia has been equipped with regulations regarding the legal requirements of marriage. One of them is the regulation concerening with whether marriage is permitted by a couple of sepersusuan (a couple who belongs to the same breast feeder) since thetre still marriages that are performed by such couples. This study therefore aimed to figure out the status and posistion of marriage a couple of sepersusuan. The problem of the research in this study was formulated in the following question: what is the status and position regarding with the legal consequences of marriage by sepersusuan couples in the framework of Islamic law.The research method used was Tafsir Maudhu’i Discussion by collecting and systematically compiling the verses and trying to summarize the interpretations of the commentators (interpreters) on the verses of the Qur'an associated with the theme of sepersusuan (ar-Radhaa ') Making it Permitted In Marriage. After that it was described by observing the Munasabah and Asbabun Nuzul of the verses by referring to some of Tafsir al-Munir's primary sources, Tafsir al-Misbah, Tafsir Ibn Katsir.<br /><br />
ASMUNI, ST., MM
2022 · Article · Open Access
<em>This study is to describe the application of consistency principles in developing lesson plans of teaching English for young learners designed by student-teachers. The design of this research is descriptive quantitative. The instrument in this study is a checking guide sheet. The lesson plans, as data, were analyzed by comparing the consistency principles of developing lesson plan of teaching English for children with each document. Based on the analysis, there were 23 documents (38%) applying most of the principle of consistency within the development of the syllabus and only 1 document (2%) which does not apply any of the principles. In detail, 25 documents (42%) partially applied the principle of linkage and integration and no document (0%) which did not apply any of these principles. Then, 28 documents (47%) applied all of the principles of learning foreign languages for children and no document (0%) that did not apply any of the principle. Almost all documents (92% - 93%) implemented each principle of helping students’ development and practice language through collaboration, integrate language and content, and validate and integrating that learning with the learners’ language and culture. Next, most of documents (68% - 78%) applied the principles of providing an active and fun role in the learning experience, using multidimensional and thematic learning activities, validating and integrating the learning with language and culture of learners, and providing clear objectives and feedback on the language usage. In conclusion, the application of the principles of learning English for children lies in the range of 81%. </em>
