Proceedings of the International Seminar on Sharia and Law

Mut'ah Marriage Controversy Between Widow and Widower from a Positive Law Perspective

Putri Sinta Santiara — 2024-04-04

The phenomenon of mut'ah marriage has consistently been the main focus of Islamic fiqh studies. This research aims to explore the practice of mut'ah marriage, particularly between widows and widowers in Manggis Village, as well as explain its implications under positive law. Mut'ah marriage, which is a form of temporary marriage, is a prevalent phenomenon in Manggis. Starting with the majority of individuals engaging in this form of marriage due to the location of their work outside of Java, to alleviate feelings of loneliness, the practice of mut'ah continued to develop and expand. The above research is a field study, which belongs to the qualitative group, using case study methodology. The findings of this study reveal that the factors that influence mut'ah marriages between widows and widowers include religious, family, environmental, psychological, economic, and biological needs. Although the regulations governing marriage do not explicitly discuss the permissibility of mut'ah marriage, it is considered haram because it is not in accordance with the purpose of marriage established by Indonesian legislation.

Implementation of DSN-MUI Fatwa No. 4/ DSN-MUI /IV/2000 Regarding the Practice of Providing Goods in Murabahah Financing at KWPS Mandiri Trosono Village

Izzul Fauziatul Latifah — 2024-04-04

Sharia cooperatives are a financial institution that aims to build business activities that produce something and invest by developing and advancing the economic activities of small entrepreneurs based on sharia principles. KWPS Mandiri Trosono Village is a sharia cooperative. In KWPS Mandiri Trosono Village there is one form of financing in the form of murabahah financing. Murabahah is a sale and purchase transaction of goods with additional agreed profits. The aim of this research is to determine the application of DSN-MUI Fatwa No.4/DSN-MUI/IV/2000 to the practice of providing goods in murabahah financing at KWPS Mandiri Trosono Village. It can be concluded that KWPS Mandiri Trosono Village has not implemented murabahah financing in accordance with DSN-MUI fatwa No. 04/DSN-MUI/IV/2000. In the practice of murabahah financing at KWPS Mandiri Trosono Village, it does not provide goods in the form of goods but provides them in the form of money loans, so it can be classified as a transaction containing usury because the profit is not based on the purchase price of the goods, but based on the loan. The usury in question is usury nasiah.

Interaction of Kiai-Santri in The Intellectual Tradition of Pesantren (Socio-Historical Review of The Development of Astronomy Science in Pesantren)

Ahmad Wahidi — 2024-04-04

This research is a socio-historical review of the development of astronomy in Pesantren by focusing on the relationships and interactions between kiai and santri in the development of intellectual traditions within the Pesantren. The aim of this research is to understand the interaction patterns of kiai-santri in the development of science in Pesantren, as well as to understand the development of Islamic boarding school astronomy from a socio-historical perspective. Using qualitative research methods, data was obtained using library research and analyzed using descriptive analysis. The results of this research are that in the development of astronomy science in Pesantren as an object of study, it is understood that even though the realm of astronomy is scientific in nature, there are principles that influence the results, namely the principle of maintaining the continuity of sanad, the principle of practicing knowledge based on a scientific chain and the principle of obedience students towards teachers or kiai.

Juridical Review of Taukil Wali Among Students of Al-Hikmah Islamic Boarding School Purwoasri Kediri

Novimaturrohmah Lutfia Afnani — 2024-04-04

The research examines a juridical review of the Taukil Wali among students at the Al-Hikmah Islamic Boarding School, Purwoasri, Kediri. The purpose of this study is to know and understand by analyzing the position of Taukil Wali from the point of view of Islamic law and the factors that make students prefer Taukil Wali. The research method used is a combination (normative and empirical). The results of this study explain that the position of Taukil Wali in the perspective of Islamic law is permissible, but with the condition that the representatives and their representatives fulfill the pillars and requirements of Syar'i. Likewise, the Muwakil is seriously ill and difficult to heal or the long distance makes it impossible to become a guardian. Factors for students who prefer Taukil Wali include a lack of knowledge about the pronunciation of the marriage contract, feelings of inferiority, and respect for Kyai.

Formulation of Legal Regulations for the Prevention of Sexual Violence in Islamic Boarding Schools and Higher Education Institutions

Zainal Arifin — 2024-04-04

Sexual violence within educational institutions, encompassing Islamic boarding schools and universities, represents a grave issue that runs counter to the educational principles designed to promote students' positive development. This study delves into the legal and regulatory framework that is applicable within these educational institutions and assesses the degree of its implementation concerning cases of sexual violence. The research employs normative juridical methods for the analysis, scrutinizing laws, local regulations, and institutional policies. The data collection process involves an extensive document review, addressing elements like the definition of sexual violence, reporting protocols, punitive measures, and preventive initiatives contained within the legal framework. This study aspires to engender a comprehensive understanding of the legal framework's role in averting sexual violence and its practical application. The envisaged outcome includes recommendations that can fortify student protection and cultivate a more secure educational milieu. These findings can serve as a cornerstone for enhancements in sexual violence prevention within educational institutions, a crucial facet for students' development and the overall integrity of Islamic boarding schools and higher education institutions.

Study of Psychical Violence in The Household Reviewed from Islamic Law

Miftakul Khasanah — 2024-04-04

Violence psychic is one of part from follow violence in family often occurs in the environment public. The purpose of study This is (1) For know How perspective Legislation about violence psychology in law Number 23 of 2004 concerning Removal violence in the Household, (2) For know How Legal analysis of Violence Psychic in Household Laws Number 23 of 2004 concerning Removal Domestic violence reviewed of Islamic Law. Research methods used in study This is Library Research. With read and take notes as technique data collection. Research result This show that Violence psychic No only explained in UUPKDRT only but there are also The Act and other laws that address about violence psychic such as the Criminal Code (KUHP) and law Islam. Not only Constitution but law Islam also gives punishment about behavior violence psychic specifically in House ladder like Jarimah Ta'zir's punishment.

Law Review of Islamic Law Regarding Waqf Through Money (Study by the Al-Huda Kepuhbener Foundation, Kedungrejo Village, Tanjunganom District, Nganjuk Regency)

Siti Ayu Ningrum — 2024-04-04

Waqf items in the Al-Huda Kepuhbener Foundation, Kedungrejo, Tanjunganom, Nganjuk must be permanent or eternal to fulfill the waqf requirements based on the nature of the items even though the waqf in this foundation is cash-based. The aim of this research is to describe the practice of cash waqf and to describe the Islamic legal review of cash waqf at the Al-Huda Kepuhbener Foundation, Kedungrejo, Tanjunganom, Nganjuk. With descriptive qualitative research, The results of this research show that the practice of waqf through money at the A-Huda Kepuhbener Foundation, Kedungrejo Village, Tanjunganom District, Nganjuk Regency, is by waqf in the form of money which will later be replaced with land area. So, money is here as an equalizer. Waqf through money is a form of waqf that is permitted in Islamic law, and the Al-Huda Kepuhbener Education Foundation has implemented waqf through money appropriately and in accordance with the principles of Islamic law. And this is confirmed by the views of the schools of thought regarding waqf through money, namely the Hanafi school, the Hanbali school, the Maliki school of thought allows waqf through money, but among some scholars who follow the Shafi'i school of thought, they do not allow waqf through money. It is hoped that this research can contribute to the development of waqf through cash and can become a reference for waqf institutions in managing waqf well and in accordance with the principles of Islamic law.