The submission of a marriage dispensation application is almost the same as the submission of other civil cases, but if the proposed procedure is not fulfilled or is not appropriate when submitting a marriage dispensation application, the application cannot be accepted/rejected. Basically, the dispensation for underage marriage is a marriage that is carried out to make the prospective bride and groom who have not reached the minimum age of marriage, which is at least 19 years for men and at least 16 years for women in accordance with Law No. 1 of 1974 article 7 paragraph ( 1) . However, the consideration of the Sidoarjo Religious Court Judge in the application for a marriage dispensation was based on the benefit principle, in which the judge saw the two prospective brides and if the request was not granted, it was feared that behavior would further violate existing rules and norms, and so that prospective children who will receive justice will be recognized as legitimate children and have complete parents with marital status recognized by the state Dispensation, Marriage, Minors
Bugis people, south Sulawesi, who are predominantly Muslim before carrying out marriage has a tradition of customs namely Money panaik. Panaik money is the giving of some money from the candidates the bridegroom to the bride’s party as a form of respect and as shopping money, customs traditions in the community,This Bugis tribe is mandatory or as a pre-condition of marriage which if no panaik money means no marriage, panaik money is determine based on the social status of the bride’s family, the level of education woman, up to the physical condition, the higher the status of a woman then the higher the nominal panaik money is determined. In law islam there areno provisions governing panaik money and only oblige the giving of dowry from the male candidate to the female candidate, not there is a provision regarding the size of the dowry but it is recommended that women who well is a woman who does not burden the bridegroom with excessive dowry. This study examines regarding the position of panaik money as a condition of marriage in tribal customs according to Islamiclaw and how the consequences of the marriage law are not qualified panaik money in bugis tribal customs according to Islamic law. This study uses a normative juridical approach. This approach focuses on researching library materials such as relevant laws and other sources. The results of this study are the position of money which is not regulated in Islamic Law, but the law is permissible because it is a form of gift and as long as it is not burdensome to the party giving, but if the demand for panaik money is too high and the prospective groom cannot fulfill it, it causes the marriage to be canceled and eloping, then Islam prohibits something that is superfluous, and the higher the amount of panaik money that can be deliberated as much as possible by theprospective bride and groom.
This research is included in field research with a qualitative approach. This research focuses on the Social Construction of the Rokat Tradition from a Sociological Perspective and the social impact of social construction in the implementation of the Rokat tradition; The Sociological Perspective of Rokat Tradition in this study is focused on the implementation of Rokat Praoh; The theories used as the basis and scalpel of analysis in this study are (1) the main theory (Grand theory) in this study is the theory of Social Construction (social construction of reality) Peter L. Berger and Thomas Luckmann; (2) Supporting Theory in this research is Tradition Theory; Value Theory; Theory of Religion and Religious System; Social Interaction Theory; and Cultural Theory. In the research process, which is used as a subject in the research focused on the community involved in the Implementation of the Rokat Praoh Tradition in Kilensari Village, Penarukan District, Situbondo Regency, East Java. The findings in this study can be broadly interpreted in the construction of meaning which reads: "Rokat praoh (Language of Madura) is an entity born from the construction process of society and or individuals that contains social values (social values) both religious values and religious values. and belief (religious value's), cultural values (culture value's) and other social values that are believed, trusted, and legitimized have the role of values that are interrelated and in the end give birth to actions in the form of rituals which are sacred as identity. new coastal Muslim community in its social context. The theoretical and practical implications in this study are in line with Berger and Luckmann's theory of social construction. The theoretical and practical implications in this study offer a model which is hereinafter called the "Amsiono Local Tradition Values Inter Relation Model". This model is influenced by Beger and Luckmann's theory of social construction and other theories, namely (1) Talcott Parsons'
In particular, human development is subject to the search for fulfillment through an educational process based on Maqāṣid al-Syar'ah. The point of Maqāṣid al-Syar'ah is to protect mankind and protect them from harm in this world and the hereafter from each individual. This research is aqualitative research through a literature review review with descriptive analysis. This study results that the practice of 6 important things in Maqâshid al-syarî'ah is expected to be the main reference in implementing life practices,especially from the fields of spirituality, education, economics and health. This is used as a form of balancing integrated Islamic and general knowledge, this research only focuses on the preparation of human resources in terms of education
There is no legal basis for giving testament wajibah to a grandparent in Indonesia. However, the Religious Courts of Tarakan, in decision number: 610/Pdt.G/2014/PA.Trk. the judges gave testament wajibah portion of the inheritance to the grandparent because the heir’s mother blocked their position and the parenting role carried out by the grandparent since the mother left the heir, and her existence was unknown. The judge’s decision must consider the principles of legal certainty, benefits, and a sense of justice for the parties. Therefore, this research focuses on the judge’s legal reasoning in decision number: 610/Pdt.G/2014/PA.Trk. and how the judge’s decision is seen from the perspective of Aristotle’s distributive justice theory. This research is juridical-normative with cases and conceptual approaches. The results showed that the judge’s legal reasoning through the process of de heuristic and de legitimate, legal basis that judges used are the holy Qur’an, hadith, KHI, and Islamic law. The judges consider the role of grandparents during the heir to life. And giving testament wajibah to grandparents is considered fair based on Aristotle’s distributive justice theory because they have fulfilled the proportional principle requirements.How to cite item: Saiban, K., Al Kaswy, TR., SJ, F., (2022). The granting of compulsory wills to grandparents in judgment number: 610/Rev.G/2014/PA.trk is based on Aristotle's distributive theory. Jurnal Cakrawala Hukum, 13(3)272-280. doi:10.26905/idjch.v13i3.8855.
This study uses a qualitative approach with a descriptive analysis method. (1) in-depth interviews carried out with data collection techniques, (2) participatory observation, and (3) documentation. The data analysis process starts with data collection, editing (sorting), and checking the validity of the data. To check the validity of the data, the researchers used the data triangulation method. The results of this study indicate that: 1) The religious character of students at SMA Manggala Sakti Solokuro: The students have strong faith, devotion to Allah SWT, have strong faith, adhere to Islamic law, the students have a noble character, and have good character. As for Social Care: Devotion, help, kinship, caring, cooperation, and tolerance. 2) Implementation of PAI learning in the Formation of religious character and social care at SMA Manggala Sakti Solokuro, planning in the form of syllabus, socialization, lesson plans, implementation of Islamic Religious Education (PAI) learning in shaping religious character and social care at SMA Manggala Sakti Solokuro through 2 ways, namely intracurricular and extracurricular, evaluation with authentic assessment, assessment of reference criteria, reporting of learning outcomes. 3) Factors supporting the implementation of PAI learning in shaping religious character and social awareness include: prayer room, Islamic library, loudspeakers, culture of shaking hands with teachers before entering school, strong encouragement from the teacher council, availability of the Qur'an, teaching aids and LCD in the classroom. each class, there is an on-site evaluation. While the inhibiting factors include: student association outside school, different student backgrounds, environmental factors that are less supportive, the absence of a mosque, and friends' association
Ulama' are Prophet heirs, because of characteristic, personality, duty and ability they owned so that they are respected. And in Muslim society, "ulama' are group of Muslim society taking place of strategic position. Even the history recognized the "ulama' non eyes as bookish buttonhole, but also as actor and motivator of their society. Scholarship quality of all "ulama' has pushed them to be the guide of society in experiencing day to day life. In Indonesia the term "Ulama” used to articulate the certain social community owning circumstantial membership in the field of Islamic religion. Hence the term "ulama' has experienced the stricture of symptom ( reduction). Its implication is must it him moslem scholar comprehended by as educated man, cendikia, intectual (khoiru ummah). Owner of quality of belief in God circumstantial science and its area. After all, ‘ulama’ has a great dedicated a great deal of roles and contribution in educating Muslim people.
The purpose of this study is to analyze the systems approach in Islamic economics based on maqashid al sharia thinking using the system philosophy offered by Jasser Auda. According to him, there are at least two approaches that need to be mastered professionally at the same time, namely first, approaches that are closely related to the dimensions of time and history and second, approaches that are closely related to philosophical concepts and thoughts. The basic concepts used by Jasser Auda in the Systems approach and analysis in Maqasid Syariah as a philosophy of Islamic law include looking at the problem as a whole (Wholeness), always being open to the possibility of improvement and refinement (Openness), interrelated-Hierarchy. , involving various dimensions (Multidimensionality) and prioritizing and prioritizing the main goal (Purposefulness). The approach in this research is descriptive qualitative. The analysis technique used is content analysis (content analysis). Content analysis is simply defined as a method for collecting and analyzing the content of a text. The original of this research on Islamic economics within the framework of a systems philosophy approach is Cognition (Cognitive Nature), Towards Holism, Towards Openness/Wholeness,. Interrelated Hierarchy, Multi-dimensionality, Purposefulness/Intentions.
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