Perkembangan Peradilan Agama di Indonesia

Muhyidin, Muhyidin

doi:10.14710/gk.2020.7233

Cited by 3 publications

(4 citation statements)

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“…The above interview results highlight the community's ignorance of the existence of Susuano I Baru folk song, which also confirms that the policies and attitudes taken by the Konawe Regency government are movements that drive the marginalization of the existence of Susuano I Baru folk songs in its community. It is in line with the concept conveyed by Wahyudi (2004) that marginalization is a shift and exclusion of culture due to the pressure of subversive cultural renewal.…”

Section: A Factors Causing Marginalization Of the Susuano I Baru Folk...supporting

confidence: 85%

Marginalization of the Susuano I Baru Folk Song in Morosi District, Konawe Regency, Southeast Sulawesi

Damayanti Tambi,

Nyoman Suarka,

Ayu Laksmita Sari

2023

IJRP

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This study isaimed at analyzing (1) the factors caused of the folk song of Susuano I BaruinMorosi District, Konawe Regency, Southeast Sulawesi experiencing marginalization; (2) Developing the implications of marginalization of the folk song of Susuano I Baru in Morosi District, Konawe Regency, Southeast Sulawesi. Thisresearch employed adescriptive qualitative method.In analyzing the data, the theory of hegemony and clause relation theory were utilized. The data were gained by the use of participative observation, in-depth interview, and documentation. The result displayed that the marginalization of the folk song of Susuano I Baru ensues because of the impartiality of the local government in issuing policies regarding the existence of traditions and culture in Konawe Regency, especially the songs of the Susuano I Baru folk and local people who unconsciously normalize modern living style and ignore local culture. Additionally, the development of globalization and modernization is a supportive factor that drives the locals obsessed with a more practical and trendier lifestyle.

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Section: A Factors Causing Marginalization Of the Susuano I Baru Folk...supporting

confidence: 85%

Marginalization of the Susuano I Baru Folk Song in Morosi District, Konawe Regency, Southeast Sulawesi

Damayanti Tambi,

Nyoman Suarka,

Ayu Laksmita Sari

2023

IJRP

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“…7 of 1989 concerning the Religious Courts which further reaffirms the position of the Religious Courts in Indonesia. 38 Besides that, Islamic civil law in Indonesia, where this law is a law that regulates individual rights and obligations among Indonesian citizens who adhere to Islam. Islamic law that is practiced by the community in an almost perfect form includes issues of muamalah, ahwal alsyakhsiyyah (marriage, divorce and inheritance), justice and of course in matters of worship.…”

Section: Policy Reconstruction Of the Implementation Of Islamic Shari...mentioning

confidence: 99%

Reconstruction of the Practice of Siyasa Syar'iyyah During the Islamic Empire's Relevance to the Practice of Sharia Financing CWLS Retail in Indonesia

Putra,

Ahyani,

Naisabur

et al. 2023

Al-Istinbath: Jurnal Hukum Islam

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The purpose of this study is to analyze the reconstruction of Islamic sharia implementation policies during the Islamic Empire in Indonesia from the perspective of siyasah syar'iyyah and their relevance to Indonesian government policies in regulating Islamic financing instruments in Cash Waqf Linked Retail Sukuk (CWLS Retail). The statutory approach and descriptive analysis are used in this research. Sources of data were obtained from various literary materials both from books, journals and the internet, as well as other relevant sources regarding the politics of Islamic law (siyasah syar'iyyah) during the Islamic period and its relevance to the regulation of Islamic financing instruments in Indonesia, especially with regard to the application of retail sukuk cash waqf (CWLS Retail). The results of the study show that first, the political application of Islamic law during the Islamic empire in Indonesia was carried out through the politics of the king's power (ruler). Second, the application of political Islamic law has relevance to current Indonesian government policies, namely in regulating Islamic financing instruments for Cash Linked Retail Sukuk (CWLS Retail), where the Government through various Islamic policies is embodied through laws, government regulations, MUI Fatwa, and other regulations. However, implementing this policy requires 6 variables of Islamic politics (siyasah syar'iyyah) in the opinion of Ibn Khaldun, namely mutual synergy between law, government, society, economy, development and justice.

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“…Dengan demikian semakin ummat berkomitmen kepada Islam, semakin ummat sadar perlunya hukum islam untuk dirinya, maka peradilan agama semakin tegak dan tegarlah pada masa mendatang. 29 Maka dapat dipahami dari uraian diatas, bahwa keberadaan Fatwa dan Qada dapat diperhatikan perbedaan keduanya dari fungsinya. Namun fungsi keduanya belum bisa Comparativa Vol.…”

Section: Kesadaran Hukum Masyarakat Yang Disalurkan Melalui Peradilanunclassified

“…Sejak masa pemerintah orde baru, fakta menunjukkan adanya kecenderungan yang lebih baik dalam menghadirkan peradilan agama dalam konstalasi peradilan di Indonesia, walaupun belum memuaskan. 28 Semua itu sejalan dengan kesadaran umat terhadap Islam.…”

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Perbedaan Fatwa Dan Qada Serta Implementasinya Di Indonesia

BN¹,

Syatar²

2022

comparativa

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The purpose of this research is to explain the meaning of Fatwa and Qada, how are the similarities and differences between fatwa and qada and their implementation in Indonesia, and to explain how the wisdom of fatwa and qada is. This research is qualitative, the type of research is library research and uses phenomenological and normative approaches. The results showed that; 1) The word fatwa comes from Arabic, which means the answer to what is the problem of syarak or legislation. The word Qada comes from Arabic, which means law and determination. It can be understood that the meaning of a fatwa in the term is the answer to the explanation of the mufti regarding religious questions or problems asked by someone or mustafti. The meaning of Qada in terms is a legal decision from qadi regarding cases or events based on arguments and evidence through mechanisms, the scope of qada is limited and is binding and obligatory. 2) The brief similarity of both of them is both legal products and determined based on the Quran and Hadith. First, the fundamental difference between the two is that fatwas are not binding while qada is binding/force. Second, that the scope of coverage of fatwas is wider than qada. Fatwa application in Indonesia is more dominant than qada. 3) The honesty of Fatwa and Qada can be seen from the existence of the arguments which make it conducive, it is the arguments that position the fatwa and Qada as two legal matters as part of Islamic law, especially Islamic justice.

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Perkembangan Peradilan Agama di Indonesia

Cited by 3 publications

References 0 publications

Marginalization of the Susuano I Baru Folk Song in Morosi District, Konawe Regency, Southeast Sulawesi

Marginalization of the Susuano I Baru Folk Song in Morosi District, Konawe Regency, Southeast Sulawesi

Reconstruction of the Practice of Siyasa Syar'iyyah During the Islamic Empire's Relevance to the Practice of Sharia Financing CWLS Retail in Indonesia

Perbedaan Fatwa Dan Qada Serta Implementasinya Di Indonesia

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