Absolute Competence in the Fields of Alms in the Religious Courts

Khosyi’ah, Siah; Ghifari, Royhan Aziz; Sar’an, Mohamad; Fathonih, Ah.

doi:10.15575/ijik.v11i2.12428

Cited by 4 publications

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“…If we continue to narrow the meaning of fii sabilillah to only fighting or fighting in the way of Allah SWT, and finance all war equipment, then the portion for the fii sabilillah type is not distributed properly. 33 So in this case, zakat funds from the fii sabilillah type may be used for the construction of roads and/or toll roads, building mosques, religious institutions to educate Islamic youth, building hospitals and other developments that are of public interest. This is in accordance with research conducted by Sukiati with the title 'Diversion of Zakat Fii Sabilillah for Public Interest According to Yusuf Al-Qardhawi (a research on philosophical Islamic law)', in this research it concluded that Yusuf al-Qardhawi stated that the zakat portion of fii sabilillah may be distributed for the benefit of general matters such as establishing an Islamic activity center, establishing a newspaper printing press, distributing books about Islam and establishing a mosque.…”

Section: Contextualization Analysis Of Fii Sabilillah At Baznas East ...mentioning

confidence: 99%

Contextualization of Mustahik fii Sabilillah at BAZNAS East Java Province

Naf'an

2023

MAZAWA

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fii sabilillah is one of the criteria for mustahik zakat. In several regions in Indonesia, mustahik fii sabilillah is an active incidental mustahik and ranks third in priority mustahik. However, in the modern context, who is called fii sabilillah is ambiguous and has multiple interpretations. This is because fii sabillah contains a general meaning and changes the context of the past to the present. Therefore, this research seeks to reveal the contextual meaning of the definition of fii sabillah as applied at the BAZNAS East Java Province zakat institution, Sidoarjo, Indonesia. Apart from that, this research also reveals the relevance and analysis of ijtihadiyah used by these zakat institutions. Research data was explored qualitatively to produce in-depth data in a natural social setting. Apart from interviews, Data mining is complemented by documentation studies. Interviews were conducted with the Director, Distribution Division and several other officials at BAZNAS East Java Province. The findings are: From the results of the discussion above, two important things can be concluded in this research, ar: first, the contextualization of fii sabilillah as mustahik is categorized into three typologies; 1) typology of people who fight in the way of Allah to uphold the Islamic religion; 2) typology of people who spread Islam through da'wah; 3) typology of people who study religion and teach it. Second, analysis of contemporary interpretation shows that the contextualization carried out by BAZNAS East Java Province has similarities and relations to legal objectives. The fii sabilillah paradigm is given for the general benefit, not for individuals in need.

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Section: Contextualization Analysis Of Fii Sabilillah At Baznas East ...mentioning

confidence: 99%

Contextualization of Mustahik fii Sabilillah at BAZNAS East Java Province

Naf'an

2023

MAZAWA

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“…When the state has ratified international human rights instruments, it means that the state has legally bound itself to carry out its obligations (Khosyi'ah et al, 2021). Human Rights (HAM) based on case law requires two main legal obligations for the state or government.…”

Section: The State's Obligations To Human Rights Through the Implemen...mentioning

confidence: 99%

Elimination of Violence Against Children During the Covid-19 Pandemic based on the United Nations Convention on the Rights of the Child (UNCRC 1989)

2022

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Violence against children is included in the highest cases of human rights violations during the Covid-19 pandemic. It will affect and has affected the lives of children throughout the world, especially in Indonesia. Children are a vulnerable group who need special protection during this pandemic because, during the pandemic, cases of violence against children are now shifting from the home. Indonesia has ratified the United Nations Convention On The Rights Of The Child (UNCRC 1989) through Presidential Decree Number 36 of 1990, in which the formation of national legislation, Indonesia must use the same principles based on the convention. The actualization of national law has been repeatedly launched to eliminate violence against children in Indonesia. The problem formulation of this research is how to eliminate violence against children in Indonesia during the Covid-19 pandemic based on the United Nations Convention On The Rights Of The Child (UNCRC 1989). The purpose of this study was to determine the extent of the state's responsibility in realizing the elimination of violence against children during the Covid-19 pandemic based on the 1989 UNCRC. This research is an empirical descriptive study. The study results show that the 1989 UNCRC has been implemented into Law Number 35 of 2014 as a form of state obligations and responsibilities. In this case, efforts to protect, recover, prevent, and eliminate violence against children in Indonesia, especially in Makassar, have not been appropriately fulfilled and are ineffective yet. This is evident from the lack of legal counseling, and the provision of legal assistance for child victims of violence has not been optimal. Hence, many children still do not get their right to feel safe and protected during the Covid-19 pandemic. It is the responsibility of all stakeholders to increase productivity, human resources, and implementation of the 1989 UNCRC to realize the elimination of child violence in Indonesia.

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“…Kewenangan relatif berkaitan dengan wilayah hukum pengadilan agama, yaitu meliputi satu daerah kabupaten/kota. 61 Secara umum, kewenangan relatif pengadilan agama ditentukan berdasarkan domisili seseorang. Domisili dapat dibuktikan dengan Kartu Tanda Penduduk, Kartu Keluarga, maupun surat keterangan domisili yang diterbitkan oleh pejabat terkait.…”

Section: Dampak Dan Solusi Terhadap Bias Gender Dalam Hukum Acara Per...unclassified

Bias Gender dalam Hukum Acara Perceraian di Indonesia: Latar Belakang, Dampak, dan Solusinya

Ramadhita

2022

J-FSH

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Gender equality for women is an interesting issue in many countries. Various regulations are enacted to support the creation of gender equality between men and women in various fields, including in marriage. Nevertheless, there is still discrimination against women in the divorce procedural law in religious courts. The wife can file for divorce at the religious court according to her domicile if she does not leave the joint residence without the husband's permission. This article aims to describe the history of the causes of gender bias in divorce procedural law, its effects, and solutions. This article is based on doctrinal law research with a statutory, historical, and conceptual approach. The results of this study indicate that gender bias in divorce procedural law in religious courts is the impact of political dynamics during the discussion of draft laws. As a result, there is gender inequality in religious court decisions. Divorce proposed by the wife can be excluded by the husband because it violates relative competence. The solution is that judges should use the principle of freedom as mandated by Law Number 48 of 2009 concerning Judicial Power. In addition, judges need to use a gender-based interpretation as mandated by the Indonesian Supreme Court Regulation Number 3 of 2017.

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Absolute Competence in the Fields of Alms in the Religious Courts

Cited by 4 publications

References 0 publications

Contextualization of Mustahik fii Sabilillah at BAZNAS East Java Province

Contextualization of Mustahik fii Sabilillah at BAZNAS East Java Province

Elimination of Violence Against Children During the Covid-19 Pandemic based on the United Nations Convention on the Rights of the Child (UNCRC 1989)

Bias Gender dalam Hukum Acara Perceraian di Indonesia: Latar Belakang, Dampak, dan Solusinya

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