QISTHOSIA : Jurnal Syariah dan Hukum

Pemikiran Siti Musdah Mulia dan Yusuf Qardhawi tentang Konsep Adil dalam Poligami

Khofifah Lutfia Effendi — 2023-12-26

Polygamy is a topic that is still being debated, especially among ulama, including between Siti Musdah Mulia and Yusuf Qardhawi. Both of them have different thoughts regarding the concept of justice in polygamy. This article aims to find out the Islamic legal analysis of the thoughts of these two figures and their comparisons. The type of research used is library research using documentation techniques in extracting data as well as descriptive analysis and comparative studies as analysis techniques. The research results show that Siti Musdah Mulia's thoughts are more in line with contemporary Islamic jurisprudence scholars because they both state that justice in polygamy is not only in the material aspect but also the immaterial. This is different from Yusuf Qardhawi's thoughts, which are more in line with classical jurisprudence scholars because they both state that justice in polygamy is only in the material aspect. The similarity of thought between the two lies in the basic istinbath used, namely surah Al-Nisā' verses 3 and 129 and the hadith narrated by Abu Hurairah. The difference lies in the type of justice that must be fulfilled in polygamy. Siti Musdah Mulia stated that justice is not only material but also immaterial which is impossible for humans to realize so this is the basis for prohibiting polygamy. In contrast to Yusuf Qardhawi who stated that justice is only material because immaterial justice is beyond the limits of human capabilities so it is not mandatory to fulfill it.

Pemahaman Pelaku Nikah Muda Terhadap Konsep Keluarga Sakinah (Analisis Persepsi Kaum Muda)

Mhd. Ilham Armi — 2023-12-26

Young marriages have been massively practiced by young people in Indonesia. The rise of young marriage is a phenomenon in contemporary marital issues in Indonesia. The interest of young people to get married is a discussion that involves many new instruments to build a sakinah family in the household. This research will discuss young marriages conducted by men and women in the age range of 19-24 years when they get married. The data collection method uses a research questionnaire of 36 respondents (18 men and 18 women) collected randomly (random sampling). To test the respondents’ understanding in this study, the questionnaires were analyzed using a Guttman scale approach to interpret the extent of respondents’ understanding of the concept of a sakinah family. This study argues that the impetus for young marriage is due to the respondents’ religion and social arena. It can be explained that the consideration to marry at a young age is determined by these 2 instruments and is in line with the regulations set by the state. The 36 respondents were also measured for their level of understanding of the concept of a sakinah family. As a result, most of the 36 respondents in young marriages have fulfilled the personal competence, managerial competence, and competence to overcome discrimination as described in the concept of a sakinah family.

Artificial Intelligence Berbasis Chatbot: Sarana Baru Panduan Hukum Keluarga Digital

Bahrul Falah — 2023-12-26

Chat GPT and Perplexity are two platforms of the many types of chat-based Artificial Intelligence (AI). Both platforms can pamper their users by presenting brief and clear information based on the questions given. The use of chat-based AI as a substitute for human legal assistance is a topic of conversation today. However, the validity of AI is often questioned. By looking at these problems, there needs to be a trial that can see the validity of Chat Gpt answers and any confusion regarding legal issues. The author is interested in measuring the level of validity of answers from the Chat GPT and Perplexity platforms in addressing family law problems. The author takes household problems caused by domestic violence. Then cases of domestic violence that occur will result in a lawsuit for divorce. Based on the questions asked, both platforms are very credible in providing basic information regarding divorce lawsuits, such as absolute competence and relatively appropriate courts to use to file lawsuits. However, both of them are not good at presenting detailed information regarding divorce lawsuits. This is natural, because both platforms are not specifically designed as family legal assistance chatbots. Therefore, a special platform is needed that is aimed at realizing these needs, by utilizing information delivery patterns from both platforms. An AI chatbot designed for these needs will certainly provide many benefits for society, one of which is guidance on filing cases independently. These benefits can also create a low cost court.

Kedudukan Wilayah Al-Hisbah Pada Putusan Peradilan Nomor : 1083/Pdt.G/2023/Pa.Btl Tentang Sengketa Rahn dan Ijarah

Nurmikyana Ismail — 2023-12-26

A judicial decision is a question from the judge that is spoken at the trial and aims to end or resolve a case or dispute between the parties involved in the trial. Through hisbah, the state uses this institution to comprehensively control socio-economic conditions for business activities and economic practices. Religious court judges must use the compilation of sharia economic law as a source of material law to resolve sharia economic disputes. The author, using the normative juridical method, systematically describes the structure and content of judicial decisions and then the basis for the judge's consideration of the position of the al-hisbah area regarding judicial decisions as well as the practice of pawning (rahn) and ijarah financing according to sharia economic law. This research uses a case research approach (Case Approach). This approach includes reviewing cases related to the main problem and then using them to make court decisions that have permanent legal force (Inkracht). Qualitative data analysis presenting data, reducing it, and drawing conclusions from it. The judge in deciding the case used several legal bases such as Presidential Instruction Number 17/DSN-MUI/IX/2000 regarding witnesses for wealthy customers who postponed payments because after being identified the defendants were not found to have any defects in carrying out their obligations, namely paying maintenance costs, etc. as stated in the details of the plaintiff's total losses. The panel of judges decides cases fairly by applying ma'rūf and nahi mungkar for the benefit of the people according to the topic, especially sharia economics.

Teori State Auxiliary Bodies dan Trigger Mechanism Komisi Pemberantasan Korupsi dalam Penanganan Korupsi di Daerah

Muhammad Taufiq Firdaus — 2023-12-26

Indonesia's anti-corruption institution, namely the Corruption Eradication Commit-tee (KPK), as a state auxiliary body (supporting state institution) has various prob-lems. The KPK is only based in Jakarta and is connected centrally. This condition increases the freedom for regional officials to commit criminal acts of corruption especially in the regions. The KPK as a trigger mechanism for the Prosecutor's Of-fice and the Police is still not effective in handling corruption in the regions. This research is qualitative research with exploratory nature with juridical-normative method. The purpose of this study is to explore more about the theory of state auxil-iary bodies, especially the design of the KPK in handling corruption in the regions, as well as knowing the role of the KPK as a trigger mechanism together with the police and prosecutors in handling and eradicating corruption in the regions. The finding in this research contained that the trigger mechanism function by the Corrup-tion Eradication Commission is necessary. The centralized position of the KPK is less effective in handling corruption in the regions. Several factors in the KPK's in-effective handling of corruption in the regions include; Firstly, the KPK's work area is too broad, relying solely on the KPK's centralized position, resulting in the KPK being overwhelmed several times in handling cases in the regions. Second, the Cor-ruption Eradication Commission's infrastructure is very limited, starting from human resources to the KPK's very limited budget, which does not allow the KPK to handle cases in all regions in Indonesia. Third, the Corruption Eradication Commission needs KPK representatives in several regions to support handling corruption in the regions.

Transformasi Sosial dan Hubungannya dengan Pembagian Harta Warisan Menurut Perspektif Hukum Islam

Raja Ritonga — 2023-12-26

Islamic teachings are built on the foundation of maslahah and anticipate mafsadah. Therefore, changes to a law can occur along with certain conditions and time. This article explains the relationship between social transformation and the distribution of inheritance from an Islamic legal perspective. This also explains how social transformation in the community influences the distribution of inheritance. This research is library research, in collecting data a search was carried out on a number of books, articles and other scientific works that were relevant to the research theme. Based on this study, social transformation can have an impact on the distribution of inheritance, especially in terms of implementing wasiyyat al-wajibah. So, these laws can change due to al-maslahah al-murlahah, whereas, some qath'i (certain) laws regarding the distribution of inheritance will not change even though they are influenced by changing times and social and other influences.

Ikhtiar Cegah Stunting Melalui Kontekstualisasi Fikih Parenting

Husain Husain — 2023-12-26

In fact, parenting jurisprudence does not only target children physically until they are mumayyiz (able to choose and choose good actions) as is found in many classical jurisprudence books, but also their psychology, including their mental and economic readiness for marriage. Until now, the main trigger for many cases of stunting is still caused by early marriage. Early marriage occurs because child care is only oriented towards meeting the child's physical needs, while spiritual needs still do not receive significant attention. Efforts in this direction can be made by contextualizing parenting jurisprudence that parenting is not only about the child's physical aspects but also spiritual aspects and economic readiness. This is reflected in the history of the Prophet's life as a child, receiving maximum nurturing education both regarding his physical and psychological well-being, as well as economic readiness, with the Prophet being included in every trade mission with his uncle. The implications of this contextualization of parenting jurisprudence are at least a new orientation of parenting jurisprudence in efforts to minimize stunting. Apart from that, it also serves as a legal standing for child care activities to comprehensively pay attention to children's physical, psychological and economic readiness.

Penerapan Undang-Undang Cipta Kerja dan Undang-Undang Perlindungan Anak Bagi Pekerja Anak di Sektor Industri

Abdul Rahman — 2023-12-26

The issue of child labor has been widely highlighted and has become a national and even international issue that must receive serious attention from the government and society, because it has a negative impact on the nation’s future generations. The (weak) economic situation has forced children to help their parents earn a living to meet the family’s economic needs, or at least to meet their own needs. This research aims to determine the implementation of job creation laws and child protection laws against the exploitation of child labor as well as the obstacles in overcoming the exploitation of child labor in the industrial sector. This research is empirical legal research with data sources (informants) from government officials, company owners and child workers. In providing protection against child labor, the government strictly enforces Minister of Manpower regulation no. Per.01/Men/2003 and its implementing regulations. Obstacles to the protection of child labor in the industrial sector include: 1) non-implementation of the mandate of the 1945 Constitution, 2) low level of legal awareness by employers, there is no mechanism for dealing with child labor in companies and there is no model for solving child labor problems.