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Showing 332 articles found for "Islamic"

LEGAL REVIEW OF MARRIAGE ITSBAT TO DETERMINEORIGIN OF CHILDREN

Sixson
Abstract: The provisions of Marriage and positive law in Islam are designed to validate marriages conducted without proper evidence as provided by Marriage Law No. 1 of 1974. The reason for the isbat of marriage. can be done by showing… owing that the marriage was conducted before the marriage certificate, or it can be done for reasons such as the loss of the marriage certificate or marriage record, confirming the child's status for divorce and inheritance, and many more. The marriage process to determine the child's guardian in the study of Islamic law and positive law is carried out after the trial judge receives the application and examines the requested materials and hears the witnesses. The opinion of the scholar Abdullah Ali Husein and the fiqh experts regarding the itsbat of marriage to determine the parentage of a child if it is not intended for marriage, then A child is called an illegitimate child. This is related to the legal rights received by children from their parents. Illegitimate offspring have a civil relationship only with the mother and the mother's family.

Peran Manajemen Sumber Daya Manusia dalam Membantu Mengatasi Permasalahan Mahasiswa di LPM Dinamika UIN SU

Syntia, Windari, Nabila Putri, Cantika, Juleha, Nurwahidah Lubis, Siti, Mardiyah, Ainul
Abstract: This study aims to determine the role of human resource management (HRM) in helping to overcome student problems at the Student Press Institute (LPM) DINAMIKA, State Islamic University of North Sumatra (UIN SU), particularly… arly in improving member quality, overcoming member activity problems, and identifying obstacles faced in organizational HR management. This study uses a qualitative method with a descriptive approach. Data were obtained through interviews, observations, and documentation with informants consisting of the General Manager, Head of the Research and Development Division (Litbang), Head of the Member Resource Development Subdivision (PSDA), and members of LPM DINAMIKA UIN SU. The results of the study indicate that HRM plays a role in improving member quality through various coaching and competency development programs, and helps increase member activity through continuous motivation, coaching, and coordination. However, its implementation still faces several obstacles, such as low member commitment, time constraints, and differences in motivation levels. Therefore, more effective and sustainable HRM management is needed to support the development of the organization and its members.

Legal Certainty Regarding Sharia Banking Dispute Resolution In The Context Of Constitutional Court Decision Number 93/PUU/X/2012

Sodikin, Edi Suhaedi
Abstract: Disputes resolution in the field of Islamic banking are actually arranged in Article 55, paragraph (1), (2), and (3) of the Law on Islamic Banking. The Problem appear when choice of legal forum (choice of forum) for finish… sh dispute banking agreed for choose one of the legal forums in settlement dispute when the parties No want to finish it through religious courts and their contracts No stated in a way clear the choice of legal forum selected. This is where the need for certainty of law in settling the dispute in question arises, and how the Constitutional Court's decision for certainty of law can be realized in Islamic banking disputes. The research method used is descriptive normative. Research results explain that the Decision of the Constitutional Court Number 93/PUU/X/2012 confirms certainty of law by deleting dualism of authority justice, making the Religious Court as an institution the sole authority to finish Islamic banking through track litigation. Thus, it can be concluded that this decision cancels the explanation of Article 55 paragraph (2) of the Sharia Banking Law, eliminates forum selection to the District Court; however, it still allows non-litigation settlement, such as Sharia arbitration. The settlement process of disputes in Islamic banking, as arranged in Article 55 paragraph (1), (2), and (3) of the Sharia Banking Law, has given duties and authorities to courts in the neighborhood religious courts.

The Effect of Inflation, Exchange Rate, BI Rate, and Gross Domestic Product (GDP) on Third-Party Funds of Islamic Commercial Banks during the 2020–2024 Period

Tasya Rachma, Misdiyono, Aulia Nugraha
Abstract: This study aims to examine the short-term and long-term relationships between inflation, exchange rate, BI rate, and GDP on third-party funds (DPK) in Islamic commercial banks. This research uses a quantitative approach… and secondary data, which consist of 60 monthly observations from January 2020 to December 2024. The analysis tool employed is the Vector Error Correction Model (VECM), with several tests conducted, including the stationarity test, optimal lag test, VAR stability test, cointegration test, Granger causality test, VECM estimation, impulse response function (IRF) test, and forecast error variance decomposition (FEVD) test. The results indicate that inflation has a significant negative effect on DPK in both the short and long term. The exchange rate has no significant effect on DPK in either the short or long term. The BI rate does not affect DPK in the short term, while in the long term, it tends to show a negative effect, though not significant. Gross Domestic Product (GDP) has a significant positive effect on DPK in both the short and long term.

Sharia Insurance Disputes Through Sharia Arbitration: A Legal Discourse

Sawitri Yuli Hartati, Sodikin
Abstract: Sharia insurance in Indonesia is growing, because along with the increasingly complex disputes between parties, which cannot be avoided between Islamic insurance companies and policyholders, this is even though both of them… hem help and protect each other. The problem is regarding the legal basis for sharia insurance dispute resolution which is still scattered in several laws and regulations. This has become a discourse and issue of legal norms for sharia arbitration as an option for sharia insurance dispute resolution, and so far the resolution of sharia insurance disputes through sharia arbitration is regulated by Supreme Court Regulation Number 14 of 2016. The research method used is descriptive normative. The research method used is descriptive normative by analyzing regulations laws governing sharia dispute resolution. The results of this study explain that state policy in managing sharia insurance disputes is still a discourse, so that constitutional authority still uses Article 58 of Law no. 48 of 2009 concerning Judicial Power. Therefore, it is necessary to amend Law No. 30 of 1999, specifically regarding the article regarding the District Court, which must be supplemented by the Religious Courts and procedures for resolving disputes through sharia arbitration.

Shariah Fintech And Islamic Economic Sustainability: An Integrative Analysis Between Technology And Maqasid Al-Syari'ah

Desy Arum Sunarta, Syaripuddin, Nelia Sfayriawati, Jamaluddin Majid
Abstract: This study aims to analyze the role of innovation and technology in strengthening the Islamic finance ecosystem in the digital era. The research employs a qualitative-descriptive approach through a literature-based analysis… sis integrating technology adoption theories (TAM, UTAUT, DOI) and the principles of maqaṣid al-shari’ah as the theoretical foundation. The findings reveal that perceived usefulness, ease of use, social influence, and infrastructural support are the key determinants influencing users’ intentions toward adopting Islamic financial technologies. Furthermore, Shariah-compliant fintech innovation driven by maqaṣid al-shari’ah enhances financial inclusion, ethical governance, and sustainable economic development. The study emphasizes that collaboration among regulators, financial institutions, and educational entities is crucial to developing adaptive regulations and strengthening digital-Shariah literacy. The main conclusion underscores the significance of aligning technological innovation with Islamic ethical principles to advance the competitiveness of the Islamic finance industry globally.

Developing Cash Waqf Model for Micro, Small and Medium Enterprises (MSMEs) in Indonesia

Mohammad Mahbubi Ali, Shabana M. Hasan, Muhyidin
Abstract: MSMEs have played considerable role in the socio-economic development in Indonesia. However, the institutions continue to experience numerous challenges and constrains in various aspects. Among the prominent issues include… de the financing structure, lack of qualified human resources, complexity of government regulations and bureaucracy in some areas such as business start-up and etc. There is hardly any literature that has critically surveyed the issue of why the MSMEs shy away and whether there is an alternative financing model that they can adopt. The present study critically assesses the related literatures and proposes a viable cash waqf-based model which has the potential to benefit Islamic MSMEs. To ensure the successful running of the cash-waqf based model, it is recommended for the model to be established under the umbrella of a respectable Islamic body, namely Indonesia Waqf Council/Badan Wakaf Indonesia (BWI).

Pelanggaran HAM dalam Dunia Pendidikan: Studi Literatur tentang Kekerasan Seksual Di Lingkungan Sekolah

Ashiva Elsa Fitri, Nadia Indah Putri, Sandra Yoda, Yosi Lara Jelita
Abstract: Aprita, Serlika dan Yonani Hasyim. (2020). Hukum dan Hak Asasi Manusia. Bogor: Mitra Wacana Media. Arafat, Gusti Yasser. 2018. Membongkar Isi Pesan dan Media dengan Content Analysis. Jurnal Alhadharah, 17(33), 32-48. Delyarahmi,… Delyarahmi, Sucy dan Abdhy Walid Siagian. (2023). Perlindungan Terhadap Supporter Sepak Bola Ditinjau Dari Perspektif Hak Asasi Manusia: Studi Kasus Tragedi Kanjuruhan. UNES Journal of Swara Justisia, 7(1), 94-98 Nelwati, Sasmi, Marhamah Marhamah, dan Haniya Murel. 2020. Analisis Pengaruh Model Pembelajaran Pair Check Terhadap Konsep Peserta Pemahaman Didik pada Pembelajaran PKN dengan di Kelas Tinggi Sekolah Dasar. Jurnal Riset Pendidikan Dasar dan Karakter, 2(2), 64-70. Nurdin, Nurliah dan Astika Ummy Athahira. (2022). HAM, Gender dan Demokrasi (Sebuah Tinjauan Teoritis dan Praktis). Jatinangor: CV Sketsa Media. Prabowo, M.A.A.C dan Hadi Purnomo. (2024). Analisis Kasus Kopi Sianida Jessica-Mirna Berdasarkan Ajaran Kausalitas. Journal Of Academic Literature Review, 3(1), 5-6. Prasetyo, Sindy. (2023). Pelanggaran Hak Asasi Manusia Di Indonesia. Jurnal Universitas Sebelas Maret, 2(1), 51. Rahmadhani, Alifiyah Fitrah dan Dodi Jaya Wardana. (2023). Penyelesaian Pelanggaran HAM Berat Di Indonesia. Jurnal Unes Law Review, 6(1), 2802. Ramadhan, A.S.S, dkk. (2024). Analisis Framing Pemberitaan Kasus Pembunuhan Oleh Jendral Ferdy Sambo Terhadap Brigadir Joshua Pada Media Online Kompas.com dan Liputan6.com. Jurnal Kajian dan Penelitian Umum, 2(3), 64. Sari, Milya dan Asmendri. (2020). Penelitian Kepustakaan (Library Research) Pendidikan dalam IPA. Penelitian NATURAL SCIENCE: Jurnal Penelitian Bidang IPA dan Pendidikan IPA, 6(1), 41 53. Siahaan, Hendrikson, Yusuf Setyadi dan Rumainur. (2021). Analisa Yuridis Kasus Pelanggaran HAM Berat Timor-Timur Dan Upaya Penyelesaian Oleh Komisi Nasional Hak Asasi Manusia. Journal Of Islamic And Law Studies, 5(1), 96. Susiani, Dina. (2022). Hukum dan Hak Asasi Manusia. Surabaya: Tahta Media Group.

Practices Of Productive Waqf Management, Development And Utilisation By Waqf Managers In Islamic Boarding Schools In Maros Regency

Samsidar Jamaluddin, Muammar Muh. Bakry, Muhammad Shuhufi, Abd. Rauf Muhammad Amin
Abstract: The study aims to explain the practices of productive waqf management, development, and utilisation by waqf managers in Islamic boarding schools in Maros Regency. This is a qualitative study. The research design is field… research. The results of this study indicate that: The management of productive endowments at the Raudaturrasyidin DDI Cambalagi Islamic boarding school is categorised as unproductive with insignificant income growth due to irregular harvests throughout the year. The realisation of the utilisation of profits from productive endowment income at the Raudaturrasyidin DDI Cambalagi Islamic Boarding School. Meanwhile, the management of productive endowments at the Nurul Ikhwan Islamic Boarding School through the boarding school canteen is categorised as productive with a significant increase in income. Meanwhile, the management of productive endowments at the Nahdlatul 'Ulum Islamic Boarding School through the mini market Aminah demonstrates productive management of productive endowments on endowed assets, namely the Mini Market Aminah, which is categorised as moderately productive with significant income growth from May to December 2023 and May to December 2024. Each portion of the income from productive endowments at the three boarding schools has a designated allocation for utilisation. On the other hand, development aspects are not being implemented at the pond managed by the al-Irsyad Foundation.

The Convergence Of Islamic Law And Positive Law In Marriage In Indonesia

Mulyanto
Abstract: Marriage Law in Indonesia is the result of the convergence between Islamic legal principles and state regulations, as outlined in Law Number 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI). This study aims… to analyze how Islamic law and positive law interact in regulating marriage and to what extent their convergence occurs in the practice of religious courts and within the Muslim community in Indonesia. The research employs a normative approach by analyzing sources of Islamic law, statutory regulations, and religious court rulings related to marriage. The findings indicate that although Indonesia’s marriage law is based on Sharia principles, several adjustments have been made to align with positive law to ensure justice and protection for all parties, particularly in aspects such as marriage registration, minimum marriage age, and women's rights. The convergence between Islamic law and positive law reflects efforts to harmonize religious values with national legal interests. However, challenges remain in its implementation, particularly concerning child marriage, polygamy, and divorce, which often spark debates in society. Therefore, further studies are needed to evaluate the effectiveness of Indonesia’s marriage regulations and how Islamic law can continue to adapt within the framework of a modern legal state.