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Showing 229 articles found for "Principle"

Legal Regulation Prevention Of Child Marriage: The Perspective Of Lawrence M. Friedman and Sadd al-Dzarīʿah's Legal System

Aisyatul Azizah, Sudirman Sudirman, Isroqunnajah Isroqunnajah
Abstract: This study examines the effectiveness of regulations preventing child marriage in the city of Surabaya after the enactment of Law No. 16 of 2019, which raised the minimum age for marriage to 19 years, but still allows for… r marriage dispensations through Article 7 paragraph (2). This normative loophole raises academic questions about how the law works in social reality and how preventive measures can be institutionalized. This study aims to assess the implementation of regional policies, particularly Perwali No. 32 of 2024, and to examine the practices of religious courts in deciding on marriage dispensations using Lawrence M. Friedman's Legal System Theory and the principle of Sadd al-Dzarīʿah as analytical tools. Empirical research methods were used through interviews, observations, documentation, and qualitative analysis of two cases of marriage dispensation that were rejected and granted. The results of the study show that the significant decrease in the number of marriage dispensations in Surabaya occurred due to the synergy of the legal structure (Religious Court, DP3APPKB, Ministry of Religious Affairs, RT/RW), legal substance through the Perwali which tightened procedures, and changes in the legal culture of society. The courts applied new standards that are more protective and based on maqāṣid al-syarī‘ah , making marriage dispensations an emergency mechanism rather than a legalization of child marriage. This study provides theoretical implications in the form of an integrative model between maqāṣid and the modern legal system, as well as practical implications in the form of recommendations to replicate the Surabaya model in other regions in an effort to protect children.

Islamic Philosophy Of Education As A Basis To Form Spiritual Intelligence And Intellectual

Firmansah Kobandaha, Muh. Rusli, Rakhmawati Rakhmawati, Annisa Nuraisyah Annas
Abstract: The Philosophy of Islamic Education serves as the main foundation that guides the spiritual and intellectual development of each individual. As a solid foundation, this philosophy not only acts as a conceptual framework,… but also spreads into the essence of education, shaping personality, and directing the mind towards a deeper understanding of knowledge and spirituality. This article aims to contribute to a deeper understanding of how Islamic educational philosophy can be a strong foundation for forming spiritual and intellectual intelligence. The method used is descriptive qualitative with library research, this research does not need to go into the field, but simply utilizes several sources of data in this article is done by searching the literature from various sources online according to the focus of the research. Data acquisition techniques are carried out by searching online books, scientific journals, and Google Scholar sources.The results of the discussion in this article show that Islamic Education Philosophy is the basis for creating spiritual and intellectual intelligence by emphasizing the integration of Islamic values ​​in forming character through holistic education, and involving the principles and indicators of spiritual and intellectual intelligence., as well as the integration of Islamic teachings in the process of forming a balanced character and personality.

Literature Study on the Role of E-Budgeting in Increasing APBD Transparency

Fachrulla, Arfa, Arifuddin Mas'ud, Mulyati Akib
Abstract: This study aims to analyze the relationship between individual behavior in the implementation of e-government and the implementation of e-budgeting to support the principle of transparency of the Regional Revenue and Expenditure… enditure Budget (APBD) and achieve good governance. E-government as a digital transformation in the government sector aims to improve efficiency, transparency, and accountability in the management of public administration. However, its success is highly dependent on individual behavior, including acceptance and adaptation to technology. E-budgeting, as one form of e-government implementation, is designed to increase transparency by providing easy and real-time access to the public regarding information on the use of the APBD. This study uses a literature study approach by reviewing various scientific articles and related documents from 2020 to 2024. The results of the study show that individual behavior, such as digital literacy and attitudes towards technology, play an important role in determining the success of e-government and e-budgeting. Although e-budgeting is able to increase transparency, challenges such as resistance to change, limited infrastructure, and low public trust in the government remain significant obstacles. Therefore, strategic steps such as community empowerment through digital literacy, increasing human resource capacity, and more effective communication between the government and the community are needed to ensure the success of this system. This research is expected to be a theoretical basis in developing a more effective e-government and e-budgeting implementation strategy in the future.

Consumer Protection In Islamic Law: Thematic Analysis Of Hadith On Khiyar in Islamic Law and Its Contextualization In The Digital Age

Muh Tabran, Muhammadiyah Amin, Abdul Rahman Sakka
Abstract: This study aims to examine the authenticity of Sahih Bukhari Hadith No. 2112 regarding the right of khiyar through a comprehensive takhrij method to ensure the validity of the evidence in muamalah policy. Additionally, this… his study examines the mechanism of transmitting legal texts without editorial changes and compares the ijtihad of the four schools of jurisprudence regarding time limits to provide consumer protection solutions in the digital age. The methodology employed is normative legal research using a descriptive-analytical qualitative approach through library research. Data collection techniques involved cataloging hadiths on khiyar from the Kutubus Sittah, identifying the structure of the isnad, and analyzing key vocabulary (mufradat). Data analysis was conducted through stages of isnad criticism to assess the quality of the narrators, systematic analysis of the matn, comparative analysis across schools of thought, and the synchronization of traditional principles with modern economic realities. The research results indicate that the hadiths on khiyar possess exceptional chain of transmission quality within the Silsilah adz-Dzahab tradition, ensuring the text’s accuracy free from distortion over fourteen centuries. Regarding the time limit for khiyar syarat, differing viewpoints were identified: the Shafi’i school limits it to a maximum of three days, while the Maliki school allows a duration of up to 38 days depending on the type of object. In conclusion, the principle of khiyar remains relevant in the digital economy through the transformation of the order cancellation feature as a manifestation of khiyar majelis, as well as the return policy as an application of khiyar aib and khiyar syarat. The implications of this research emphasize that the ethical values of khiyar can serve as a foundation for regulators in refining consumer protection laws to minimize information asymmetry and ensure full consent (antaradin) in every online transaction

Developing Green Infrastructure: Management of Madrasah Building Construction with Green Building Principles

M. Munir, Akhmat Fanani Ridho, Juni Iswanto, M. Burhanuddin Ubaidillah, Toha Ma'sum, Syaiful Muda'i, Niken Ristianah
Abstract: This study examines the management processes involved in developing green infrastructure for Islamic educational institutions, specifically focusing on the construction of madrasah buildings using green building concepts.… . It investigates how environmental sustainability principles can be systematically integrated into the planning, design, construction, and operational phases of madrasah development projects. Utilizing a qualitative case study approach combined with document analysis, this research analyzes two madrasah building projects in Indonesia that have implemented green building strategies. Data were collected through in-depth interviews with project managers, architects, contractors, madrasah leaders, and stakeholders, alongside analysis of project documents, designs, and specifications. Findings reveal that successful implementation requires an integrated management approach encompassing green design adaptation to local context, sustainable material sourcing, energy and water efficiency integration, waste management during construction, and life-cycle cost considerations. The study identifies key enablers including leadership commitment, technical expertise, community participation, and Islamic ethical alignment, while highlighting challenges such as budget constraints, regulatory gaps, and technical capacity limitations. This research contributes a framework for madrasah green building project management that balances environmental responsibility with educational functionality and Islamic architectural values.

Leadership Management of Eco-Pesantren: Integrating Islamic Values and Environmental Health Principles in Decision-Making

Avif Mulia Rahman, Muchamad Rifqi Hamdani, Zuhri, Khoirul Mualimin, M. Misbahul Munir, M. Munir
Abstract: This study explores the model of leadership and decision-making within Eco-Pesantrens (Islamic boarding schools with an ecological focus) in Indonesia. It investigates how Islamic values (e.g., khalifah [stewardship], mizan… zan [balance], amanah [trust]) are integrated with modern environmental health principles (sustainability, conservation, waste management, ecosystem health) in the strategic and daily decisions of pesantren leaders. Using a qualitative case study approach with in-depth interviews, observation, and document analysis at several pioneering Eco-Pesantrens, this research identifies key leadership paradigms, decision-making processes, and implementation strategies. Findings reveal that successful integration creates a holistic leadership model that aligns spiritual, educational, and environmental objectives. Leaders act as transformative agents, internalizing eco-Islamic theology into institutional policies, curricula, and community practices. The study concludes that the Eco-Pesantren leadership model offers a significant framework for sustainable community development rooted in local religious wisdom. It recommends further development of this paradigm for broader application in Islamic educational institutions and communities facing environmental challenges.

BACK -DATED AGREEMENTS ACCORDING TO AGREEMENT LAW IN DELI SERDANG

Albin Fajzri
Abstract: The legal basis of a valid contract according to the Civil Code is regulated in Article 1338 of the Civil Code, namely that all formal contracts apply as law for the parties thereto. From this article it can be concluded… that there is a principle of freedom of contract, but this freedom is limited by the law of coercion, so that the contracting parties must submit to the law of coercion. The legal consequences of a previous contract for the parties to the contract can be terminated by one of the parties who submits a request for cancellation, a demand for a refund or even a claim for compensation if misstatements and errors are found in the contract and the backdated date. The validity and date of withdrawal of physical evidence of the contract, it is necessary to first examine the conditions for the validity of the contract, which must meet the prerequisites (agreement of the parties), although Article 1321 of the Civil Code emphasizes the validity of the contract itself, which must not be the result of error, coercion or fraud.

Community Empowerment in the Landscaping of Gardens around Karo Traditional Houses to Support Cultural Ecotourism in Lingga Village

Mei Brilian Harefa, Dasrizal, Nurul Adha Sitorus, Egy Bremana Ginting, Junianty Dahnita Br Purba
Abstract: Lingga Village in Karo Regency, North Sumatra, is a cultural village that preserves the traditional architecture of the Karo people, particularly the Siwaluh Jabu traditional house, which reflects the community’s life philosophy,… philosophy, social order, and spirituality. The surrounding environment of these traditional houses remains poorly organized, with vacant land left unmanaged and declining awareness of cultural preservation, resulting in suboptimal utilization of the area’s aesthetic value, cultural function, and tourism potential. This community service program aims to arrange a cultural garden around the traditional houses while empowering the local community to manage the cultural landscape in a sustainable manner, with a focus on preserving cultural identity, improving environmental quality, and strengthening the local economy through the development of cultural tourism and agrotourism. The implementation method adopts a community-based participatory approach, carried out through several stages: site observation and mapping, focus group discussions, planning and designing the cultural garden, training and knowledge transfer, collective implementation of garden arrangement, as well as evaluation and documentation. The garden design integrates the orientation of the Siwaluh Jabu house, the cosmological meaning of space, ecological landscape principles, and the selection of local vegetation with symbolic, aesthetic, and economic value, organized into aesthetic, educational, and productive zones. The results of the program indicate the establishment of a well-arranged cultural garden rich in Karo cultural symbols, increased community capacity and participation, and the creation of a sustainable cultural landscape management model that functions as a “living laboratory” combining aesthetic, educational, economic, and spiritual roles. This model positions the community as the main actor and holds potential to be replicated in other cultural villages with similar characteristics.

LEGAL REVIEW OF THE VALIDITY OF BACK-DATED AGREEMENTS ACCORDING TO AGREEMENT LAW IN INDONESIA

Binaku
Abstract: The legal basis of a valid contract according to the Civil Code is regulated in Article 1338 of the Civil Code, namely that all formal contracts apply as law for the parties thereto. From this article it can be concluded… that there is a principle of freedom of contract, but this freedom is limited by the law of coercion, so that the contracting parties must submit to the law of coercion. The legal consequences of a previous contract for the parties to the contract can be terminated by one of the parties who submits a request for cancellation, a demand for a refund or even a claim for compensation if misstatements and errors are found in the contract and the backdated date. The validity and date of withdrawal of physical evidence of the contract, it is necessary to first examine the conditions for the validity of the contract, which must meet the prerequisites ( agreement of the parties), although Article 1321 of the Civil Code emphasizes the validity of the contract itself, which must not be the result of error, coercion or fraud.

KEUANGAN PUBLIK DAN SOSIAL ISLAM DI NDONESIA: ANALISIS HISTORIS, KELEMBAGAAN, DAN PROSPEK PENGELOLAAN ZAKAT DAN WAKAF DALAM PERSPEKTIF EKONOMI SYARIAH

Afiqah Pa’sya, Chintya Akana Mulya, Khoirani Fajrina, Handy Kurniawan
Abstract: Keuangan publik dan sosial Islam di Indonesia memiliki peran strategis dalam mendukung kesejahteraan masyarakat melalui instrumen seperti zakat dan wakaf. Artikel ini bertujuan untuk menganalisis perkembangan historis keuangan… uangan publik Islam, bentuk kelembagaan pengelolaan zakat dan wakaf, serta prospek pengembangannya di masa depan. Penelitian ini menggunakan pendekatan kualitatif dengan metode studi literatur dari berbagai sumber ilmiah dan regulasi terkait. Hasil kajian menunjukkan bahwa pengelolaan keuangan sosial Islam di Indonesia telah mengalami perkembangan signifikan, ditandai dengan hadirnya lembaga formal seperti Badan Amil Zakat Nasional dan Badan Wakaf Indonesia. Selain itu, penerapan prinsip seperti Zakat Core Principles dan Wakaf Core Principles menunjukkan adanya upaya standardisasi pengelolaan yang profesional. Namun demikian, masih terdapat tantangan dalam optimalisasi potensi zakat dan wakaf. Oleh karena itu, diperlukan penguatan kelembagaan, regulasi, serta inovasi pengelolaan untuk mendukung sistem keuangan sosial Islam yang berkelanjutan.