DIRASAH: Jurnal Kajian Islam

Perspektif Pancasila dalam Harmonisasi Hukum Islam dan Hukum Nasional

Ahmad Muhammad Mustain Nasoha — 2024-11-14

This study aims to explore and analyze harmonization between Islamic law and national law in the perspective of Pancasila. As a country with the majority of Muslims and the secular constitution based on Pancasila, Indonesia faces unique challenges in integrating the values of Islamic law with the principles of national law. Qualitative approach to the descriptive method is used in this study to understand how these two legal systems can be demonized by considering the values contained in Pancasila, such as humanity, unity, and social justice. Research data was obtained through in-depth interviews with legal, ulama, and practitioners, as well as through literature studies on books, journals, and official documents. The results show that while there is a fundamental difference between Islamic law that is normative-ematic and secular national law, Pancasila values can serve as a strong foundation for achieving harmonization. An inclusive and dialogue-based approach between stakeholders is needed to tackle legal conflict that may arise and ensure that the resulting national legal system remains fair and reflects the diversity of Indonesian society. The proposed recommendations include an increase in dialogue between stakeholders, the clearer legal regulatory reform, Pancasila-based legal education and training, as well as increasing public awareness of the importance of harmonization laws. With these measures, it is hoped that the harmonization of Islamic law and national law in the perspective of Pancasila can be realized effectively, strengthen social justice, and maintaining the unity of the nation in the framework of an inclusive legal state.

Poligami dan Kesetaraan Gender: Perspektif Pancasila dan Kajian Islam serta Implikasi Konstitusi

Ahmad Muhammad Mustain Nasoha — 2024-11-15

This research aims to understand the relationship between the practice of polygamy and gender equality from the perspective of Pancasila, the constitution and Islamic teachings. This research uses a qualitative method with a case study approach. The research results show that the practice of polygamy, from the perspective of Pancasila, the Indonesian constitution and Islamic teachings, faces challenges in achieving the principles of justice and gender equality guaranteed by the state. Islam permits polygamy with strict conditions to ensure justice, but implementing this principle in practice often experiences difficulties and has significant social impacts. Therefore, more gender-sensitive legal reform is needed to protect women's rights and achieve gender equality in accordance with the principles of Pancasila and the values of justice in Islam.

Membangkitkan Kembali Fitrah Keayahan dalam Perspektif Islam: Jalan Efektif Mencegah Perselingkuhan

Azwar Azwar — 2024-11-18

Infidelity in marriage is a serious issue that can damage family harmony and negatively impact the well-being of individuals and society. This study aims to analyze the causes behind the increasing cases of infidelity in Indonesia, as well as the role of fatherhood in preventing it. The research employs a literature review method with a qualitative descriptive approach, covering psychological, sociological, and religious theories regarding family and the role of fathers. The findings of this study indicate that infidelity is often triggered by poor communication within the household, an inability to fulfill the role of a husband, and the influence of social media, which opens opportunities for relationships outside of marriage. The concept of fatherhood, emphasizing the father’s role as a leader, protector, and educator within the family, proves to strengthen family structure and prevent infidelity. This research recommends the strengthening of family education, fostering the role of fathers, and closer supervision of technology use in marital relationships. The findings have important implications for educational institutions, society, and the government in developing programs that can reinforce family values and reduce the incidence of infidelity.

Pancasila dan Harmonisasi Hukum Islam dalam Konteks Perkawinan

Ahmad Muhammad Mustain Nasoha — 2024-11-18

Pancasila, as Indonesia’s state ideology, serves as a guiding principle in regulating various aspects of life, including marriage law. Marriage, as both a social and religious institution, carries complex legal dimensions, particularly for Muslims where Islamic law holds significant influence. However, as a Pancasila-based state that values diversity, marriage regulations must reflect principles of justice, unity, and human rights while accommodating religious law. This article aims to analyze how Pancasila principles contribute to harmonizing Islamic law with national law in Indonesia’s marriage context. Using normative and socio-legal approaches, this study examines the Marriage Law No. 1 of 1974 and the Compilation of Islamic Law (KHI). Findings highlight that Pancasila’s principles of deliberation and social justice provide a foundation for integrating religious and national values. This harmonization ensures that marriage regulations not only align with Islamic legal principles but also uphold democratic values and constitutional rights. The article also emphasizes the need for inclusive policymaking to sustain religious values in a pluralistic society. This study aims to foster a deeper understanding of Pancasila’s role in reconciling Islamic law with national legal frameworks and its implications for developing fair and harmonious regulations. Such legal harmonization not only promotes social justice but also strengthens national unity within the framework of peaceful religious coexistence.

Wali Nikah dalam Perspektif Pancasila dan Hukum Islam: Konflik dan Konvergensi

Ahmad Muhammad Mustain Nasoha — 2024-11-20

The study of marriage guardians in Islamic law and Pancasila in Indonesia is particularly relevant, given that the majority of Indonesia's population is Muslim and Pancasila is the basis of the state. In Islamic law, the marriage guardian - usually a father or male relative - plays an important role as a condition of a valid marriage, with validity dependent on the guardian's consent as a protector of women's rights. In contrast, Pancasila emphasizes social justice and gender equality, which raises the question of how the role of the marriage guardian can be harmonized with the principles of Pancasila. This research uses a normative juridical approach and comparative law method to analyze the regulation of marriage guardians in Islamic law and the influence of Pancasila on its application in national law, including in Law No. 1 of 1974 and the MUI fatwa. Case studies of marriages in Indonesia show conflicts between the authority of the guardian and the will of the woman, but also attempts at legal convergence for a more equitable solution. The research concludes that the integration of Islamic legal principles and Pancasila requires a comprehensive approach, considering Indonesia's plural social and cultural context. The results of this research are expected to assist in the development of marriage law that is inclusive and responsive to the dynamics of society.

Interpretasi dan Implementasi Hak dan Kewajiban Suami Istri dalam Hukum Islam di Masyarakat Patriarkal: Studi Kualitatif di Indonesia

Muhamat Mubin — 2024-11-25

This study examines the interpretation and implementation of the rights and obligations of husband and wife in Islamic law in Indonesian patriarchal society. This study uses a qualitative approach with a literature study method to analyze how Islamic law is interpreted and implemented in the context of patriarchal culture. The findings of the study suggest that patriarchal culture often leads to imbalances in the exercise of the rights and obligations of husband and wife, with husbands tending to have a dominant role in decision-making. In contrast, wives are more involved in domestic work and childcare. This research emphasizes the importance of increasing awareness and understanding of the rights and obligations of husband and wife in Islamic law, as well as reducing the influence of a patriarchal culture that is not by the principles of justice and balance in Islam. The results of this study are expected to provide insights and recommendations to improve balance and justice in marital relations in Muslim communities.

Kajian Al-Qur’an Pendekatan Sosiologis: Lingkungan dan Kewajiban Manusia dalam Al-Qur’an

Burhanudin Al-Ghoni — 2024-12-04

This research elaborates on the Islamic view of human interaction with the environment based on Qur'anic verses related to human duties and functions. This issue is vital amid accusations that religion and human perspective are one of the roots of various ecological crises. The research method used is a descriptive qualitative method. By describing verses that discuss human functions and duties and verses related to the environment, this study shows that Islam comprehensively views the relationship between humans and the environment. The results of the survey show that Islam views humans and nature as an interdependent unit, with the obligation to maintain balance as a manifestation of the faith of a servant as 'Abdullah and the caliph on earth.

Integrasi Nilai-nilai Islam dalam Pemanfaatan Teknologi Digital oleh Generasi Z di Era Moderen

Devita Putri Maharani — 2024-12-18

Generation Z grew up amidst the rapid development of digital technology, which influenced the way they accessed and spread Islamic values. Technology, especially social media and digital applications, provides opportunities for this generation to explore religious teachings, as well as convey religious messages to a wider audience in innovative and relevant ways. However, challenges faced include dependence on the digital world which can divert focus from religious practices and the risk of being exposed to information that is not always in accordance with Islamic values. However, with critical skills and community support, Generation Z can use technology to integrate Islamic values in everyday life and play an active role in spreading religious teachings in modern society. Digital technology, if used wisely, can be an effective means of strengthening their religious identity.

Kaidah al-'Ām dan Aplikasinya pada Tafsīr Tahrīr Wa Tanwīr

Abdurrahman Ahady — 2024-12-26

This study aims to explore the application of the al-’ām rule in the interpretation of the Qur'an through a study of Ibn 'Āshūr's Tafsīr Tahrīr wa Tanwīr. With a library research approach, eight main rules are analyzed to understand the application of generality in the interpretation of the Qur'an. The results show that the al-’ām rule has a significant role in compiling the principle of generality which includes linguistic, legal, and Shari'ah aspects. Ibn 'Āshūr utilized this rule to interpret verses with an in-depth linguistic approach, paying attention to munāsabah, and basing the interpretation on historical relevance. The main findings indicate that the application of the al-’ām rule enriches the understanding of tafsir, avoids errors of interpretation, and provides contextual solutions in response to the challenges of the times. In conclusion, this study emphasizes the importance of al-’ām rules as a foothold in a more systematic and universal interpretation, especially in linguistics-based tafsir and tahlīli method.

Tafsir Tahlili: Analisis Surah al-Maidah Ayat 6

Mukhamat Alfi Zaini — 2024-12-28

Indonesia with multicultural characteristics has a diversity of dynamics of social life patterns both in opinion and culture. The opinion that developed and popular in Indonesia in the legal area is the opinion of madzahib al-arba'ah (Hanafi, maliki, shafi'I, and Hanbali). So that in the context of making decisions related to developing problems, not only in the area of worship, the opinion of madzahib al-arba'ah is always the primary reference and reference. However, not a few people who are able to understand these differences, giving rise to polemics and rumors related to the validity of worship among others. this study aims to explain the content of surah al-Maidah verse 6 by using the tahlili method. This research is qualitative library research with descriptive-analytical method to explain the content of surah al-Maidah verse 6. The exposure of Surah al-Maidah verse 6 will be discussed from several aspects, both the discussion of vocabulary followed by the global meaning of the verse, the exposure of asbab nuzul, and analysis related to the law contained therein. The result of this study is the significance of surah al-maidah verse 6 in delivering the validity of an ubudiyah. Ubudiyah (prayer) in the territory of Islam is a sacred thing, where every adherent always does it in any conditions and circumstances. Differences in madzhab imams (ikhtilaf al-madzhab) in understanding the nashah surah al-maidah verse 6 is a Grace (blessing) for religious believers, where they can follow the opinions of other madzhab imams in certain conditions.

Analisis Pinjaman Uang Online melalui Aplikasi Shopee Spinjam dalam Hukum Islam

Giarti Rumailin — 2025-01-11

Online money lending through applications such as Shopee Spinjam has become a rapidly growing phenomenon in the digital era, especially in meeting people's financial needs in a practical way. However, this service raises various questions regarding its compatibility with the principles of Islamic law. One of the main issues is the application of interest charged to users as well as the collection process in case of default. This study aims to examine concerns regarding the transparency of contracts, the validity of proposed terms and conditions, and potential ethical violations in the billing process, particularly in terms of Islamic law compliance. The research method employed is a qualitative approach with a descriptive design, encompassing a literature study and the analysis of secondary data in the form of testimonials and user reviews from various online platforms. This method is employed to explore the practical aspects of utilizing the Shopee SPinjam application. The results of this study indicate that Shopee SPinjam has implemented the conditions of qardh; however, there are still rules and practices that are not in accordance with Islamic law. he conclusion of this research is that there needs to be stricter regulations and education to the public regarding loans that are in accordance with Islamic law to avoid harmful practices.