QISTHOSIA : Jurnal Syariah dan Hukum

Ijbar Dalam Konteks Kekinian: Telaah Pemahaman KH. Husein Muhammad

Isyrofah Tazkiyah Iroyna — 2024-06-29

According to the madzhab scholars, the right of ijbar aims to provide protection to women from miscreants by involving the mujbir wali in selescting a couple. However, over time, ijbar has been perspective by some people as the right to force marriage. Unlike the previous interpretation, Kiai Husein interprets the right of ijbar as the right to marry or direct. This study aims to find out the legal basis of KH. Husein in interpreting the right of ijbar and its legal impact in the current Indonesian context. This research is normative research or library research, with an istislahi approach using Imam Al-Ghazali's maslahah mursalah theory. KH. Husein reinterpreted the concept of ijbar by reviewing at the five pillars of the objectives of Islamic law which were then expanded by aiming at human rights values and equal relations between men and women. Based on this legal basis, Kiai Husein's interpretation of ijbar is different from previous interpretations which interpret the right to force into the right to marry or direct. In that way, ijbar as the right to marry no longer limits women's rights to determine a partner. With this interpretation, it can be seen that KH. Husein prioritises the maslahah aspect in determining a law. KH. Husein also connects the relationship between children and parents without limiting the rights between the two in requiring the concept of ijbar. KH. Husein's interpretation of ijbar rights has a close relevance to the current conditions of Indonesian people.

Interconnection between Structural-Functional Families as Nafkah Provider and Common Property Concept under Indonesian Family Law Regulations

Vian Juanda — 2024-06-29

This study aims to examine the structural-functional family as nafkah provider normatively and empirically. Empirically and interconnect it with common property concept under Indonesian family law regulations, in this case Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. This topic is interesting to discuss because in the reality of society there are structural-functional variations of the family that are not in harmony with family law regulations in Indonesia and as a means of providing knowledge about the implications of common property in such cases. The research method used was a field study by interviewing several families with length of marriage over 10 years serving as a nafkah provider. As a result, there are three variations of nafkah provider, namely the husband as a provider, the wife as a provider, the husband and wife collaborate as providers. The structural-functional interconnection of nafkah provider normatively and empirically has been polemical because there are facts in society that are regarded that it is not relevant to Indonesian family law regulations. However, in the common property concept, which is property acquired during marriage, structural-functional interconnection in family does not affect the status of common property. Thus, common property remains a common right regardless of who works and acts as provider in family unless there is a court verdict that considers it in a fair context.

Representasi Poligami Dalam Film “Bismillah Kunikahi Suamimu”

Ali Syahputra — 2024-06-29

This paper examines the practice of polygamy represented in the film Bismillah Kunikahi Suamimu by Vyntiana Itari. This paper explores the phenomenon of polygamy in a film that raises the question of how polygamy is represented in the film Bismillah Kunikahi Suamimu. The issue of polygamy in a film is very interesting to study to see if a film can provide education to the public. Through this film, people will easily gain knowledge, even though they are just watching, but without realizing they will gain knowledge. This research uses a qualitative approach by using Sara Mills' discourse analysis, the researcher's subjective interpretation is based on the representation theory developed by Stuart Hall. This paper focuses on the perspective of feminism and analyzes the position of the subject-object and the audience in representing polygamy in the film "Bismillah Kunikahi Suamimu". In this paper, it is found that the movie "Bismillah Kunikahi Suamimu" depicts polygamy from the perspective of women who are empirically the objects in the practice of polygamy. So that it provides more space to provide definitions related to polygamy experienced by women. The results of this study show that in filmmaking, the director is more likely to take the story from a woman's point of view so that the audience will see events from a woman's perspective. The conflict found in the movie "Bismillah Kunikahi Suamimu" is the inner war of women and the unwillingness of parents when their children are polygamous.

Corruption Eradication Community Movement as A Preventive Effort to Fight the Corruption of Village Funds

Sukri Badaruddin — 2024-06-29

This article discusses public unrest due to corruption giving birth to an association called the Community Movement to Fight Corruption (GMPK). GMPK in general is expected to have great potential in eradicating corruption in Indonesia by actively involving various parties and providing moral pressure to corrupt actors and policymakers to act decisively and fairly in handling corruption cases. Meanwhile, GMPK in particular is expected to play an active role in eradicating corruption and building better governance in the management of public resources in Buton Regency. This study aims to find out the role of the Community Movement to Fight Corruption in Buton Regency in efforts to prevent corruption in Buton Regency. The research method uses a descriptive type of research, with more descriptive nature from the results of interviews and documentation studies. The data obtained will be analyzed qualitatively. The analysis method is carried out during data collection and after completing data collection in a certain period. To process the data, the following methods were used: (1) data reduction, (2) data presentation, (3) conclusion drawn. As a result of the research, the implication of GMPK to the people of Buton Regency, namely as a connector of community aspirations, is required to provide the best through daily activities in preventing corruption, namely in preventive efforts (prevention) and preemptive efforts (deterrence) of corruption crimes, especially in the use of village funds. And GMPK's real efforts in preventing corruption of village funds are carried out through programs designed both long-term, short-term and medium-term programs. And the program includes conducting research to find corruption vulnerabilities in various agencies, especially in the village, in the management of village funds by looking at potential causes of corruption that can be seen from all aspects such as the use of village funds in Buton whether it is on target or not, as well as carrying out seminars and Anti-Corruption Education workshops that present all Village Heads within the scope of Buton Regency.

Idah Bagi Suami Dalam Konsep Hermeneutika Maqāṣidī Dan Relevansinya Dengan Pembaruan Hukum Keluarga (Studi Atas Surat Edaran Dirjen Bimas Islam Nomor P-005/Dj.Iii/Hk.007/10/2021)

Ahmad Ahda Sabila — 2024-06-29

This article aims to examine the concept of idah for husbands in the perspective of hermeneutics maqāṣidī and its relevance to the reform of Islamic family law. This is motivated by the problem of idah which has been only required for women, while men are not, so a new interpretation is needed to achieve gender equality in the application of idah. One of the reform efforts is the issuance of the Circular Letter of the Director General of Bimas Islam Number P-005 / DJ. III/Hk.007/10/2021 related to marriage when the wife is undergoing the idah period. This research is a literature study using the hermeneutics maqāṣidī approach to analyze the concept of idah and its relevance to efforts to reform family law. The results showed that the concept of idah for husbands in the perspective of hermeneutics maqās}idī has relevance to the purpose of family law reform, especially related to improving the status of women, and shows that the waiting period (idah) is not only imposed on women, but can also be imposed on men (ex-husbands). This is a form of equality and justice in the application of idah, in accordance with the purpose and wisdom of the declaration of idah. The Circular Letter related to marriage when the wife undergoes the idah period indirectly indicates a waiting period for the ex-husband, which provides an element of equality and justice. It is seen as a form of extracting implicit meaning (secondary meaning) from the concept of idah involving understanding socio-historical settings. The implementation of idah for husbands can be one of the efforts to reform Islamic family law in Indonesia that realizes justice and gender equality. This can reduce the injustice that has occurred so far, where only women are charged with idah obligations, while men are not.

Penerapan Keadilan Restoratif dalam Penegakan Hukum Pidana: Studi Kasus di Kepulauan Selayar

Asruddin — 2024-06-29

The purpose of this study was to: (1) assess the need for restorative justice to be applied as soon as possible in criminal law enforcement; and (2) assess how restorative justice is regulated when it comes to its use as a substitute for case resolution. This study employs a descriptive qualitative methodology and an empirical law-based research strategy. Data analysis is done using the findings from informant interviews. The findings demonstrated that: (1) Essentially, the Selayar District Attorney's Office's use of restorative justice in the law enforcement process during the settlement of criminal cases can bring justice to the litigants—that is, the criminals, the victims, and any interested parties. Proportionality justice, which offers a balance of interest recovery between the criminal and the victim, is the context of justice within the framework of the restorative justice approach. The victim receives compensation for the losses he sustained as a result of the acts of the offender, and the offender is returned to his pre-crime rights and no longer considered a former offender. Within the jurisdiction of the Selayar Islands District Attorney's Office, a number of factors, including legal substance, legal structure, legal culture, and facilities and infrastructure, have a significant impact on the restorative justice.

Analisis Faktor-Faktor yang Mempengaruhi Perubahan Pandangan Hukum Qaul Al-Qadim dan Qaul Al-Jadid Imam Syafi’i

Supriadi — 2024-06-29

This article examines the factor analysis of the changes in legal perspectives between qaul al-qadim and qaul al-jadid of Imam Shafi'i. The study utilizes the Library Research method. The approach adopted includes a sociological approach to Islamic law and normative theology (sharia), while data collection involves reviewing literature such as books, articles, and other sources discussing the qaul al-qadim and qaul al-jadid of Imam Shafi'i. In processing the data, the author employs deductive reasoning, starting from general propositions and concluding with specific conclusions. Furthermore, the data analysis employs qualitative descriptive analysis, focusing on dominant factors influencing the changes in qaul al-qadim and qaul al-jadid of Imam Shafi'i. The conclusion explains that throughout the dynamic evolution of Imam Shafi'i's legal thought in Iraq and Egypt, he developed concepts known as qaul al-qadim and qaul al-jadid. Factors influencing the dynamics of his legal ijtihad include numerous hadiths of the Prophet Muhammad and other strong evidence, which subsequently influenced Imam Shafi'i's legal perspectives. Thus, experiences and knowledge significantly influenced the evolution of legal perspectives, supported by other factors such as social, traditional, cultural, political, and economic influences.

Zakat Hasil Tangkapan Laut dalam Pemahaman Juragan Nelayan dan Elaborasinya pada Hukum Islam

Khasiatilah — 2024-06-29

This research was motivated by the lack of understanding of fishermen on the obligation to pay zakat of the sea product. Although the income of the employer nelayan has been categorized as compulsory zakat, it turns out that most of the employers still did not pay zakat. There are two purposes of the study were to determine the implementation of paying zakat of the sea product in Sungai Cabang Barat Village and to find out the understanding of fishermen on zakat of the sea product. This research used a socio-legal approach. Data collection techniques carried out in research were by interviews, observation, and documentation. The subjects of the study were five fishermen who owned boats and employees to go to sea. There are two theories used in research, namely urf’ theory, maslahah mursalah theory, and sociological theory of knowledge. The results showed that: (1) the comprehension of fishermen in Sungai Cabang Barat Village on the obligation to pay zakat of the sea product, including the following: some knew and carried out the obligation of zakat of the sea product, some did not know at all, and some just knew but did not pay zakat. (2) the implemented of paying zakat of the sea product in Sungai Cabang Barat village, including the following: zakat was paid annually, usually zakat was cashed at the time before Eid al-Fitr. Zakat was distributed to the closest family, but these relatives were indeed included in the category of mustahiq zakat. Nishab zakat of the sea product followed to zakat trade and zakat mal. The fishermen paid and distributed his zakat directly to mustahiq without going through the amil agency.