Undang-Undang Republik Indonesia Nomor 1 tahun 1974 pada Pasal 2 menjelaskan bahwa sahnya pernikahan harus dilakukan sesuai keyakinan masing-masing dan tiap-tiap perkawinan harus dicatat sesuai peraturan pemerintah. Para Ulama menjelaskan bahwa kewajiban pencatatan pernikahan yang ditetapkan oleh pemerintah tidak bertentangan dengan syariat Islam karena sesuai dengan disyariatkannya pernikahan. Dengan pencatatan nikah, di samping akan terwujud ketertiban perkawinan masyarakat, juga bagi masing-masing laki-laki dan perempuan yang sudah terikat pernikahan memiliki bukti otentik sebagai pasangan suami isteri. Dengan demikian, pernikahannya memiliki kepastian hukum. Namun jika ada pernikahan yang tidak dicatatkan, maka secara agama tetap sah selama syarat dan rukunnya terpenuhi.
Child marriage is an interesting phenomenon to discuss. There have been many government efforts in dealing with the rampant cases of child marriage in Indonesia. One of them is by enacting the Marriage Law regarding the age limit for marriage. The change in the age limit for marriage regulated in laws and regulations to 19 years for both men and women has actually increased the number of child marriages in Indonesia. This research is a qualitative research with a case study type of research, namely in the Religious Court of Probolinggo City. From the research that has been done, the authors can conclude that even though the age limit for marriage has been regulated in the Marriage Law, a marriage dispensation policy for those w ho still wish to marry under the specified age can still be issued by a judge with various considerations. It cannot be denied that the existence of a marriage dispensation has actually become a boomerang for the effectiveness of the Marriage Law concerning the marriage age limit that has been made. Lawmakers need more attention to further reinforce existing regulations so that the marriage dispensation is not used as a way out for people who want to get married at an early age.
This study aimed to determine the characteristics of religiosity, sociology, psychology in the controversy over mosque construction funds from roadside donations made by the people of Pakuniran District. Madura Indonesia The research method uses qualitative and ethnographic approaches, structural-functional theory, and Islamic law (IL). Ethnography is a concept of actualizing cultural aspects. Meanwhile, Talcott Parson's structural-functional theory from a socio-anthropological perspective aims to interpret society, religion and government in a linked structure. The perspective of Islamic law (IL) is a series of shari'ah of Allah Subhanahu Wa-ta'ala which is the fundamental reference for Muslims and mujtahidin in giving fatwas. So that ethnography, structural-functional, and Islamic law (IL) form a triangular methodology, which becomes a data collection and analysis technique. Results The researcher describes the perspective of roadside donation activities by formulating three fundamental data: (a) Ethnographic perspective related to roadside donation activities. (b) Structural-functional community according to the context of Talcott Parson. (c) The conformity of Islamic law (IL) to roadside charities. This study identifies the phenomenon of the Pakuniran community according to context, thereby triangulating the contradictory results between community activities and the perspective of Islamic Law (IL).
In the approach of Islamic law, Maslahah mursalah is a proposition to establish a new problem that has not been explicitly mentioned in the main sources, the Qur’an and As-Sunnah, both accepted and rejected. Maslahah mursalah as an option for this legal proposition begins with the Passed away of the Prophet Muhammad SAW. Along with this happened, the revelation of the Qur’an has stopped coming down, and the words of the Prophet have stopped too. Meanwhile, problems continue to develop from time to time along with the development of the community itself. This is where the idea of Maslahah mursalah emerges as an option for the proposition of Islamic law. Please note, in the application, Maslahah mursalah is based on benefit. Looking at the main basis of this argument, understanding and knowing about the theory of benefit becomes a necessity in the use of maslahah as a proposition of Islamic law. Maslahah is a concept that departs from the main purpose of Islamic law, known as maqashid as-sharia. According to Imam As-Syatibi, the main orientation of maqashid as-sharia is to provide protection and protection against five things, namely religion, self, lineage, reason, and wealth. These five aspects are very fundamental things in life, so that damage to one aspect alone will cause extraordinary negative implications. Thus, maslahah is the main consideration in evaluating the value of benefits and harm from a problem that has just emerged in people’s lives. An order to assess benefits and madharat, then weigh which one is greater, the benefits or the madharat (damage). Keywords: Maslahah mursalah, law alternative, Islamic law
As a method of Tafsir - in the context of classical science -, hermeneutics is used to solve, interpret and interpret the meanings contained in scriptures, jurisprudence, ancient documents and texts. Hermeneutics as a theory of interpretation will surely give birth to hetereutic products as operational-applications tafsirnya. Fazlur Rahman is one of contemporary Muslim thinkers using the hermeneutic approach in nash interpretation. He grew up in a strong family environment in holding religious teachings by adopting a system of schools against Imam Hanafi (Sunni) as a figure of mujtahid madhhab ulama with traditional-conventional Islamic thinking and developing his scholarship to Western world which influenced many modern-contemporary thinking patterns. Rahman's education with traditional and contemporary background is apparent in his ijtihad results by carrying on the Qur'an, systematic-interpretation and logical-synthesis approaches. Rahman's traditional-liberal form of thought can be understood from his superior theory of double movement theory which was launched in 1982 AD with his basic ideas and ideas about the fundamental differences between the legal aspects of the Qur'an and the ideal aspects of the moral al -Qur'an. The integration of an education system of the traditional system in the state of origin (Pakistan) with the modern system of philosophy while continuing its studies in the West (France) made Rahman consistent with the position of al-Qur'an and sunna as the source of the first and main Islamic teachings as a means to uncover the meaning of the text and messages of both mashdar al-hukm. Fazlur Rahman classified as a unique and prominent thinker of his time is very interesting to be studied. He grew up in Pakistan and expanded his science to France and then to Chicago Canada who was later invited by his local government to return to help in Pakistan. But his struggle in his birthplace did not last long which made Rahman have to move back to Chicago, Canada. It seems like this hijrah experience as a reference to make it easier to remind us of the popular hermeneutic theory which is also pacing or reciprocity between inductive and deductive ie double movement theory around text, context and contextualization Keywords: method , Tafsir and hermeneutics
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