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.
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
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'
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.
Indonesia is projected to become a center for the development of the halal industry. One of the halal industry sectors that has great potential to be developed is the halal tourism sector with its supporting sector in the form of sharia hotels. This study aims to identify and analyze the concept of sharia hotel development in Indonesia which is reviewed with an Islamic economic approach and sharia maqashid. Qualitative research method with descriptive approach is used in this research by using content analysis. The results of this study indicate that the development of sharia hotels in Indonesia is in accordance with maqashid sharia, namely not only paying attention to material aspects but also immaterial aspects. Sharia hotels have standards that must be met in the maqashid sharia framework, namely by paying attention to product aspects, service aspects, and management aspects.
An understanding of assets from a sharia perspective is very important in relation to the halal industry. This is because assets are the object of the transaction as well as one of the pillars of ta'aqud which is the majority of the Intiqolul Milkiyah method. By looking at the urgency of understanding assets from a sharia perspective, this study attempts to conduct a study of assets to produce a systematic asset description. The method used is a literature study. Excavation of this asset description refers to the Qur'an, Al Hadith and books of fiqh to obtain depth of analysis. Finally, this research formulates that haram products are divided into four, namely from the aspect of its essence, how to get it, where to get it and when to get it. In addition, this study also formulates that only assets that have sharia value can be transacted with syar'iyah contracts. And understanding fiqh in relation to the development of the halal industry will greatly help the growth and development of the halal industry in a massive, comprehensive and integrative manner.
This paper explores the contribution of Islamic financial institutions in the halal industry from the point of view of maqashid sharia. Financial transaction activities are aimed at achieving mashlahah or economic prosperity for each person and citizen. However, the implementation of this mashlahah as the conceptual framework of sharia maqashid requires criticism that can contribute instantly to sharia business activities. The formulation of each Islamic banking and financial product is inseparable from the study of ushul fiqh and sharia maqashid. Linked to Islamic banking products, ushul fiqh with a maqashid sharia perspective shares philosophical perspectives and rational thoughts about contracts in each Islamic banking product. With the Maqashid Syariah approach, Islamic banking and financial products can grow well and can respond to rapidly changing business progress. This research uses content analysis by conducting a literature review on the theme. This paper formulates that Islamic financial institutions are driven by spirituality and ethical values derived from maqashid al-syari'ah
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