bluuebunny/crossref_metadata_2025 huggingface dataset:
LEI MARIA DA PENHA - APLICABILIDADE E PERÍODO PANDÊMICO DO COVID - 19: RECOMENDAÇÃO INTERNACIONAL DE PROTEÇÃO AOS DIREITOS DA MULHER
Authors:   , Vieira Willians Bruno dos Santos
Published: June 2024

A subjugação de gênero tem sido responsável pelo cenário de violência contra a mulher no Brasil, de modo que a cultura patriarcal, ainda imperante, faz com que muitas mulheres sejam agredidas de variadas formas, seja em seu patrimônio, de forma física, psicológica ou moralmente.
Sob essa perspectiva, o objetivo desse artigo é apresentar as bases para o desenvolvimento do trabalho, através do qual se busca analisar as Resoluções 01/2020, 04/2020 e 01/2021 da Comissão Interamericana de Direitos Humanos – CIDH, no que concerne às recomendações de proteção aos direitos da mulher - em conjunto com a Lei Maria da Penha.
Para a elaboração da pesquisa, realizou-se o método de abordagem dedutivo e o procedimento exploratório, a partir de pesquisas bibliográficas e documentais. Pelos resultados obtidos, identificou-se que as medidas protetivas, no contexto da Lei n. 11.340/06, são providências importantes e necessárias, sobretudo no contexto da Pandemia do Coronavírus, quando se tem aumentado os casos de violência, pois estas medidas funcionam como um mecanismo que visa a impedir um dano potencial à mulher, o qual poderia ser favorecido no tempo gasto na tramitação do processo que versa sobre um ato de violência já sofrido pela vítima.
De tal modo, torna-se importante esta análise, para que se verifique a compatibilidade entre os instrumentos normativos no que concerne à proteção da mulher durante a Pandemia COVID-19 no Brasil e as resoluções internacionais, em especial a CIDH.
Guia prático de pocus na pediatria
Authors: Braga Renata de Barros , Chaves Rafael Oliveira , Rojas Marcia de Fatima Maciel de , Silva Lêda Lima da , Oliveira Robson Tadachi Moraes de , Farias Natalina da Silva Gomes de , Borges Renato Garcia Lisboa , Farias Emmerson Carlos Franco de
Published: June 2024

Point of Care é o termo utilizado para se referir a qualquer avaliação ultrassonográfica que é feita à beira do leito e seu uso está sendo considerado como o maior avanço no diagnóstico à beira do leito desde a invenção do estetoscópio por René Laennec em 1816. A ultrassonografia à beira do leito no cenário das emergências compartilha aplicabilidades diversas. Contudo, a temática do POCUS na pediatria se insere na atualidade como necessário para a assistência a situações críticas, principalmente aqueles internados em unidade de terapia intensiva, na urgência e emergência ou que necessitem de procedimentos invasivos possivelmente auxiliados pela ultrassonografia. Os protocolos mais conhecidos de POCUS são: FOCUS (cardiológico), FAS e E FAST (trauma abdominal), RUSH (Choque), BLUE e CASA (na parada cardiorespiratória). Neste cenário, este e-book foi cuidadosamente pensado e formulado para auxiliar no treinamento em POCUS para profissionais que prestam assistência a crianças graves.
Congresso Internacional de Educação Física, Saúde e Sustentabilidade - Iniciação Científica
Authors: Jurema Jefferson
Published: June 2024

Este livro, organizado pelo professor Jefferson Jurema, é um convite à reflexão sobre a sinergia entre Educação Física, Saúde e Sustentabilidade na esfera da Iniciação Científica. Combinando conhecimentos e perspectivas inovadoras, mergulharemos na intrincada teia que conecta a prática de atividades físicas à saúde holística e ao compromisso com um futuro sustentável. Prepare-se para uma jornada de descobertas, exploração e entendimento, visando não apenas a expansão do conhecimento, mas também a transformação de paradigmas em busca de um mundo mais saudável e equilibrado.
The Role of Religious Organizations in Child Marriage Prevention and Handling during Pandemic
Authors: Rofiah Siti , Fauzi Moh. , Muqoddam Fakih
Published: June 2024

In Indonesia, religious leaders are in a strategic position. Their existence can affect people's lives in various aspects, not least in the context of marriage. During the COVID-19 pandemic, the number of child marriages in Central Java rose sharply. Based on the background above, the questions are how religious leaders view this problem and what the roles to be performed in the context of prevention and treatment. This type of research is field research with a qualitative approach. The data collection technique is done by interview and documentation. The informants are administrators of two major religious organizations in Indonesia, namely NU and Muhammadiyah. The results showed that; First, the existence of religious organizations did not have a significant role in preventing and handling child marriage cases in Central Java. Secondly, the existence of religious organizations has no relevance to the high and low rate of child marriage in Central Java. Third, the existence of religious leaders is still seen as having authority in the community to support the success of the prevention and handling of child marriage programs
Islamic Law Thoughts: Father's Position as Heirther in Syafi�iyah Jurisprudence and KUHPerdata
Authors: Wildan T.
Published: June 2024

This study aims to answer the main problem, how the position of the father as the heir according to Syāfi’īyah jurisprudence and KUHPerdata and why there is a difference in place between the two. This research is a library research study using a qualitative approach with a comparative descriptive method. The results show a difference in the father's position as the heir in Syāfi’īyah jurisprudence and KUHPerdata. In Syāfi’īyah jurisprudence, the father has a definite place as mentioned in Surat An-Nisa’:11, namely as żawil furūḍ when together with the descendants of the heirs both men and women, as' ‘aṣabah if there are no children and as żawil furūḍ and ‘aṣabah when together with a daughter. The father is in the same position as the heir's descendants without being hindered by any heir. While KUHPerdata father's position as the heir is classified in group II, the new father has the right if the heir of the first group no longer exists. The father does not become an heir and the descendants of the heir because the father is equated with a brother even though the father is in the first degree, which is the same as the descendants of the heirs.
Class Action as a Strategy for Saving Waqf Land Assets in Indonesia
Authors: Rimanto Rimanto , Hidayatullah Kholid
Published: June 2024

The legal events of waqf that take place are often not accompanied by awareness of an accountable administration, thus triggering the heirs to take back the waqf assets on the grounds that the assets are the personal assets of their parents. From this case, it is necessary to have a legal breakthrough, so that the waqf assets remain public assets, so that the eternal value of the waqf will continue to be maintained. This research is focused on finding the construction of salvage waqf assets that do not have adequate legality from reclaiming efforts by wakif heirs. The purpose of this study is to find out what regulations regulate waqf land objects for which there is no formal legality and to find legal procedures that can be used to maintain waqf land for which there is no formal legality in order to maintain its immortality aspect. The method used is qualitative analysis and the results are presented descriptively. The constructive pattern of saving waqf assets is by looking for legal opportunities or ways that can be taken by the community or community groups, by examining several Supreme Court regulations, the Law of Religious Courts Procedure, and Law Number 41 of 2004 concerning Waqf, as the primary data source. Based on PERMA No. 1 of 2002, PERMA regulates the mechanism for class action with civil proceedings that have the right to provide procedural rights for a person or group to become a plaintiff in order to fight for disputes that cause harm and suffering to many people. The results of the study concluded that class action is an alternative procedure that can be used as a solution in saving waqf assets acquired by wakif heirs, due to the absence of adequate waqf evidence
Family Resilience of Jama'ah Tabligh: Implementation Study of the Dimensions of Legality, Household Wholeness and Gender Partnerships
Authors: Siddik Ibnu Radwan , Pagar Pagar , Tanjung Dhiauddin
Published: June 2024

In recent times, family resilience discourse has become a serious concern of the government, members of parliament and observers of Islamic family law in Indonesia. The higher the rate of divorce that occurs in the community, is a form of weak and fragile family defense joints. This paper will examine the implementation of the family resilience of the Jama'ah Tabligh in Serdang Bedagai Regency in the dimensions of legality, household integrity and gender partnership. Then, this paper will also elaborate on the influence of Jama'ah Tabligh activities in the formation of family resilience among Jama'ah. This research is empirical juridical research using the approach of legal sociology and legal anthropology. Research data is analyzed using qualitative methods. Primary data sources are obtained from in-depth interview results from selected respondents using the snowball method. The results showed that the implementation of the family resilience of the Jama'ah Tabligh in Serdang Bedagai Regency in the dimensions of legality, household integrity and gender partnership was well implemented and indicated strong and resilient family resilience. This is evidenced by the high percentage of family fulfillment of respondents in the ownership of marriage certificates, child birth certificates, togetherness in the family, spousal partnerships, financial management openness and family decision-making. Jama'ah Tabligh activities greatly affect the formation of family resilience along with the stronger family members in practicing religious values both personally and together. The results of this study can be a consideration for national policy holders in realizing family resilience nationally.
Analysis of Buying, Selling, and Leasing Virtual Land in the Metaverse: A Perspective from Sharia Economic Law
Authors: Nurjaman Muhamad Izazi , Al-Hakim Sofian , Setiawan Iwan , Sahid Mualimin Mochammad
Published: June 2024

This research aims to analyze the position of virtual land buying, selling, and leasing practices using cryptocurrency in the metaverse from the perspective of Islamic economic law. This study uses a descriptive analysis method with a normative juridical approach and data analysis techniques through three stages of analysis: focusing the data, presenting the data, and drawing conclusions. The research found that the practice of buying, selling, and leasing virtual land in the metaverse is permissible because it meets the conditions and pillars of a valid contract. The transactions carried out involve intangible assets, namely virtual land and cryptocurrency. In these transactions, there is an expansion of the object of the ijarah (lease) contract, which typically involves the benefit of tangible objects or assets but can also include the benefit of intangible objects or assets, provided that the intangible asset requires another object (a tangible object) or a process that enables the asset to have utility, thus fulfilling the purpose of the contract in accordance with the principles of muamalah maliyyah (financial transactions). The development of the object of the ijarah contract is a scientific contribution to the development of Islamic economic law theory. Therefore, further research is needed on the status of intangible assets as objects of contracts to explore their benefits and legal status in accordance with Sharia principles.
Transformation of Prayer Time Schedules: from A Static-Passive to A Dynamic-Variative Perspective
Authors: Riza Muhammad Himmatur , Djamaluddin Thomas , Izzuddin Ahmad
Published: June 2024

Prayer times are extremely important for Muslims, as they serve as a guide for the beginning of prayer times. However, there are still people who do not fully understand the impact of changes in the position of the Sun, which causes the start of prayer times to change daily. Additionally, some people still use perpetual prayer time schedules. Although they use the term "perpetual," in reality, prayer time schedules are not everlasting, as they cannot be used over long periods. This research is a library study with a phenomenological-astronomical approach. The results of this study show that prayer times change every day. Someone who believes that the start of Maghrib prayer is always at 18:00 WIB and the start of Fajr prayer is always at 04:30 WIB may find that on some days, their prayer or fasting is invalid, as the start of Maghrib prayer may occur between 18:01 and 18:08 WIB and the start of Fajr prayer may occur between 04:31 and 04:34 WIB. These changes can serve as an understanding for the community that the correctness of prayer time schedules is not static-passive but dynamic-variable. This means that the start of prayer times each day and year is not always the same as the following days and years, and the changes vary. Therefore, this study provides a scientific guide for the community to better understand and be cautious in using prayer time schedules, considering that the beginning of prayer times determines the validity of a Muslim's prayer.
Islamic Legal Perspective on the Implementation of Online Marriage Contracts during the Covid-19 Pandemic
Authors: Sujono Imam , Mangesti Yovita Arie , Suhartono Slamet , Kamaruddin Zaleha
Published: June 2024

The validity of a marriage is the fulfillment of the pillars and conditions of marriage as stipulated in Islamic law. One of the pillars currently being discussed is the online Ijab and Qabul (marriage contract), considering the COVID-19 pandemic, there has been much news about online marriage ceremonies due to various constraints. Moreover, technology is becoming increasingly advanced and evolving, making human tasks easier. The aim of this study is to examine the legality of online marriage contracts that occurred during the COVID-19 pandemic. This research uses a qualitative research method with a library research type, referencing journals, articles, and books related to the main theme of online marriage contracts. All references, including legal and non-legal sources, are presented and then analyzed carefully. Scholars and fiqh experts have provided arguments about the validity of marriage through online contracts. According to the scholars, an online marriage contract is valid if what is meant by one assembly is one time, not one place. Thus, after the Ijab is stated, the Qabul must also be stated immediately. The research results show that marriage contracts conducted online during the COVID-19 pandemic are legally valid, thereby contributing to resolving the difficulties faced by prospective brides and grooms in gathering to conduct the marriage contract due to social restrictions. The validity of online marriage contracts represents a legal renewal that previously considered that marriage contracts must be conducted in one place.
Development of Progressive Islamic Law in Indonesia Regarding �Apostasy� as Grounds for Divorce: Insights from Maqasid Sharia
Authors: Huda Miftakhul , Shofia Niska , Solehudin Ending , Rozikin Opik , Ahyani Hisam
Published: June 2024

The development of Islamic law in Indonesia, particularly concerning apostasy as a cause of divorce, is significant in the evolution of Islamic law. The complexity of Indonesia's social and legal system poses challenges in integrating Islamic values with societal diversity. This research aims to understand the development of Islamic law in Indonesia regarding apostasy issues through the analysis of maqasid sharia. Using a descriptive-analytical approach, data from various sources are examined to understand the development of Islamic law in Indonesia, focusing on the implications of maqasid sharia regarding apostasy as a reason for divorce. Findings indicate that progressive Islamic law development in Indonesia emphasizes a balance between religion and individual justice, protecting individual rights in divorce and seeking fair solutions through legal reforms considering the principles of maqasid sharia.
Simplified Lawsuits in Dispute Resolution Within Sharia Economic Law in Indonesia
Authors: Solihin Dadin , Setiadi Setiadi , Bunyamin Bubun , Yusup Deni Kamaludin , Ridwan Ahmad Hasan
Published: June 2024

This research is based on the numerous disputes in Sharia economic law within Sharia Business Financial Institutions, legal aid in the field of Sharia economic law, and civil matters that have not been well resolved. The Regulation of the Supreme Court of the Republic of Indonesia (PERMA RI) No. 4 of 2019 regulates the resolution of Sharia economic law disputes in a simplified manner. However, the socialization of this regulation to the public is still lacking, causing frequent obstacles in the implementation of this PERMA RI. This research is a literature study with a juridical approach aimed at analyzing the implementation of PERMA RI in the resolution of Sharia economic cases. The primary data in this research includes PERMA RI No. 4 of 2019, PERMA RI No. 14 of 2016, PERMA RI No. 2 of 2015, and PERMA RI No. 1 of 2016. Several relevant cases are used as important data to analyze the implementation of these regulations. The results of this research show that the process of simplified lawsuits in the resolution of Sharia economic disputes, which is expected to be easier, faster, and cheaper in court, has not been realized in accordance with PERMA RI. This needs to be a concern for the Supreme Court because most Sharia economic dispute cases involve companies and the public. If the Supreme Court regulations are not properly implemented in court proceedings, it will create a space for injustice. Therefore, the socialization of these Supreme Court regulations needs to be enhanced by academics and practitioners so that their implementation in the future can be�better.
Differences in Determining Ramadan and Shawwal: A Discourse Analysis of the Book Nusus al-Akhyar fi al-Shaum Wa al-Ifthar
Authors: Ningsih Ika Wahyu , Febriyanti Fitri , Rizki Iqbal Ainur
Published: June 2024

The phenomenon of differences in the implementation determination of Eid al-Fitr in 1418 H was regretted by the Indonesian people. Responding to the emergence of differences in the determination of 1418 H, KH Maimoen Zubair through his work Nusuus al-Akhyar fi Al-Shum wa Al-Iftihar intends to provide solutions to Muslims in Indonesia in facing the differences surrounding the determination of Eid al-Fitr. This type of research is qualitative research with the research approach used being discourse analysis initiated by Van Dijk. The data used in this study consisted of primary data and secondary data. Primary data are in the form of lexemes, words, phrases, and sentences in Arabic that contain ideas about the determination of the beginning of the month of Ramadan and Shawwal in the book. Secondary data come from sources, journals, print media, online journalism, and other scientific works to find out the context of social situations that can influence the writing of the book. Data collection methods in this study are interviews and literature study. The results showed that the linguistic aspect that stands out in the discourse of persuasion is the invitation to promote unity in the midst of controversy over differences in each group; the author's ideology appears in the title, the lexemes "judge" and "hilal"; the pronouns of the time and person in the text indicate that there is a different social context from the current condition. The social conditions that appear in the book are the differences in the method of determination by Indonesian Mass Organizations and the emergence of certain polemics in 1998.
Examining the Ethical Considerations of Placing Elderly Parents in Nursing Homes: A Perspective on Maqasid Sharia and Social Welfare
Authors: Helim Abdul , Syarifuddin Syarifuddin , Suradilaga Aris Sunandar
Published: June 2024

The objective of this study is to examine the legal status of parental care in juvenile homes, which continues to be a source of contention within the community. Some view the act as an act of disobedience, while others view it from a different perspective. The theoretical framework employed to investigate this issue is the theory maqasid sharia. The rationale for this approach is that it is considered to be a relevant methodology, and no other research has been identified that employs this theory. This type of research is normative legal research, which involves the examination of primary legal materials pertinent to the research. The results of this study indicate that entrusting parents to juvenile homes does not necessarily imply a rupture in the relationship between children and parents. Instead, it allows for the maintenance of positive relations with parents while avoiding the negative consequences of neglecting them. Consequently, this study aligns with maqasid sharia including the protection of parents' lives (hifz al-nafs), enabling parents to focus on worship (hifz al-Din) safeguarding against negative thoughts between them (hifz al-�aql), pertains to the avoidance of children doing wrong if they gather in the same house (hifz al-Nasl) and encompasses the maintenance of good relations between parents and children as an asset (hifdz al-mal). The results of this study are undoubtedly contentious, particularly when viewed through the lens of divergent trends. Nevertheless, the findings of this study can serve as a reference point to prevent the immediate assumption of unfaithfulness in children who leave their parents in nursing homes.
The Maslahah of State Policy in Responding to Unregistered Marriage: Inclusion of Unregistered Marriage on The Family Card
Authors: Billah Mu'tashim
Published: June 2024

Based on Minister of Home Affairs regulations No. 108 and No. 109 of 2019, unregistered (siri) marriage couples can now record their marriage in the Family Card. This article aims to analyze the policy of issuing Family Cards for unregistered marriage couples using the Islamic jurisprudence (ushul fiqh) approach. This article is a literature study, with data sourced from the Minister of Home Affairs regulations and various related literatures. The obtained data is then analyzed using a normative-philosophical approach, specifically ushul fiqh theories such as the concepts of public interest (maslahah) and preventing harm (adz-dzari�ah). The article argues that in every policy, there will be potential benefits (maslahah) and harms (mudharat). In the policy of recording unregistered marriages, the government needs to close the means that cause harm (saddu al-dhariah) to ensure this policy is not interpreted as a form of legalizing unregistered marriages. The government also needs to open the means that lead to benefits (fathu al-dhariah) so that the goal of fulfilling children's civil rights with the basis of having a birth certificate, and the purpose of the Marriage Law, namely the validity of marriage, can be achieved through the use of unregistered marriage data for expediting the marriage legalization process (itsbat nikah) in Religious Courts. The conclusion of this article is that to achieve the ideal policy objectives, aspects of benefits and harms need to be considered. This article contributes to understanding state policies from the perspective of ushul fiqh and indicates that it remains a relevant approach.
Examining Domestic Violence from The Lens of Islamic Law: A Maqasid Analysis
Authors: Ladiku Hamdan , Zaman Akhmad Roja Badrus
Published: June 2024

This article aims to examine domestic violence from the perspective of Islamic law with a focus on the maqasid sharia. This study is important to present as a counter-narrative to the widespread view that Islam legalizes violence, due to the tradition of reading normative texts (the Qur'an and Hadith) in a textualist manner. This research uses a quasi-qualitative and descriptive approach and falls into the category of library research. In gathering data sources, the researcher used various instruments, such as observation and documentation or study of related documents. The primary data sources of this research are the Qur'an, Hadith, and fatwas of scholars, while the secondary data sources consist of other relevant literature such as books and journals related to the topic under study. The analysis used by the researcher includes data reduction, data display, and conclusion drawing. To clarify the validity of the data, the researcher conducted source and method triangulation. From the study conducted, this research concludes that Islamic teachings reject domestic violence and advocate for a humane and just approach within the framework of Islamic law. The prophetic tradition reinforces the prohibition against violence towards women based on the principle of mu�asyarah bi al-ma�ruf (living together in kindness) in Islam. This study encourages the goverment and related institutions to strengthen legal protection for victims and to enforce strict sanctions against perpetrators of violence.
Zakat Literacy Among Indonesian Z Generation: Does Gender Matter?
Authors: Masrini Najmi Laili , Medias Fahmi , Pambuko Zulfikar Bagus
Published: June 2024

Gaps between potential and realization of collection fund ziswaf caused by trust to institution zakat, knowledge about zakat and level of education. Generation Z as a generation that is currently entering productive age and has the potential to be educated to become zakat payers and as a productive group in the field of philanthropy. It is believed that these generation represent a group that is beginning to reach working age and can receive the education required for paying zakat. This research aims to analyze the zakat literacy level of generation Z in Magelang City and Regency. This research was conducted using a quantitative approach. Sample selection was carried out using a purposive sampling technique and a sample of 153 people was obtained through distributing online questionnaires. Hypothesis testing was carried out using quantitative descriptive analysis techniques and independent sample t-test. The research results show that the zakat literacy level of Gen Z is moderate literacy with an average of 75.91. Zakahliteracy is built from two dimensions, namely basic understanding of zakat of 82.01 or high literacy and advanced understanding of zakah of 64.59 or moderate literacy. Furthermore, if we compare the level of zakat literacy based on gender, it is known that there is no significant difference, with a significance value of 0.852, which is greater than 0.05
Analysis of Fatwa Regarding Sharia Credit Cards and Their Relevance to the Development of Islamic Banking in Indonesia and Bahrain
Authors: Ramadhan Suci , Rambe Toguan , Hasibuan Badai Husain , Harahap Abdul Aziz
Published: June 2024

This research aims to analyze fatwas on Sharia credit cards and their relevance to the development of Islamic banking in Indonesia and Bahrain. This qualitative study uses a text and context approach. The main data used are fatwas from DSN-MUI and the Sharia Supervisory Board of Bank Islam Bahrain regarding Sharia credit cards, supported by books, scientific articles, and reports on the development of Islamic banking. Data were collected through documentation techniques and analyzed using descriptive analysis. This study concludes that Sharia credit cards, as outlined in the fatwas of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) and the Sharia Supervisory Board of Bank Islam Bahrain (SSB-BIsB), are permissible as transaction tools based on legal principles, contract provisions, wage and service provisions, penalties, and limits in accordance with Sharia principles. Specifically, in Bahrain, fatwas must refer to the standards of the Accounting and Auditing Organization for Islamic Finance Institutions (AAOIFI). Currently, the use of Sharia credit cards in Bahrain is experiencing significant growth, while in Indonesia, public interest in using Sharia credit cards remains relatively low. The findings of this research can serve as policy studies for fatwa institutions and Islamic banking to enhance the growth of Sharia credit cards as a Sharia financing instrument for the public, particularly in Indonesia.
Child Adoption and Conflicts of Jurisdiction: A Comparative Analysis of the Public Court and the Islamic Court of Surakarta
Authors: Fauzi Muhammad Latif , Fauzi Mohammad Harazi Al Abyari
Published: June 2024

The adoption of Muslim children is one of the familial issues in Indonesia. At the law level, the Indonesian law authorizes two judicial institutions, namely Islamic and public courts, to handle the case. Here, conflicts of jurisdiction occur obviously and, as a consequence, the parties have the choice to decide which court to request based on their wishes. This article answers the question of why and what the consequences of conflicts of jurisdiction are in the case of the adoption of Muslim children? The study found that two judicial institutions both accepted and examined cases of the adoption of Muslim children. However, there is a difference in the legal consequences. If the adopted child is to be treated as a biological child and can inherit, the application is filed to a public court. On the contrary, if the child is to be maintained, it is an Islamic court that judges. In the case of family lineage (nasab), both the courts do not break the ties of the adopted child with his/her biological parents, including the right of guardianship.
Marriage Requirements for Cadres of Pondok Pesantren Gontor: Exploring the Concept of Kafa�ah
Authors: Wahyudani Zulham , Muhazir Muhazir
Published: June 2024

This study aims to analyze the marriage requirements for cadres of Pondok Pesantren Gontor. Each cadre who wishes to marry must choose their own partner and obtain approval from the pesantren's leadership. If the leaders, including the kyai, does not grant approval, the cadre is not permitted to marry the chosen partner. In the tradition of Pondok Pesantren Gontor, approval from the pesantren's leaders is crucial to receiving blessings in the marriage. Such a practice has been in place for many years to maintain the pesantren's existence. This study seeks to analyze these unique marriage conditions for Gontor cadres and how these requirements are viewed from the perspective of kafa'ah. This research is empirical and uses a qualitative approach. Data was collected through interviews with the cadres and teachers at Pondok Pesantren Gontor, as well as an analysis of the pesantren's website. The concept of kafa'ah was derived from several sources of literature. The study finds that a potential wife must agree to adhere to the conditions applicable to cadres throughout their lives, including obedience to the pesantren's leaders, being ready to work at the pesantren 24 hours if needed, and being prepared to be assigned anywhere according to the pesantren leaders's orders. The concept of kafa'ah in this context can be justified as the alignment of the potential wife�s vision and mission with those of her husband (a Gontor cadre). This concept of kafa'ah differs from the textual understanding found in traditional fiqh texts and the Compilation of Islamic Law (KHI). This alignment is seen as essential for achieving welfare and as a form of self-dedication at Pondok Pesantren Gontor in Ponorogo, East Java, although this concept differs from the textual interpretation found in fiqh texts and the KHI.
Induction and Its Relevance to the Transformation of Sharia Economic Law in Indonesia: A Study of Four Madhhabs
Authors: Hidayat Enang
Published: June 2024

This research aims to determine the existence and urgency of induction in the methodology of Islamic law of the four schools of jurisprudence and its relevance to the transformation of Sharia economic law in Indonesia. This study falls under the category of normative Islamic legal research using a conceptual and philosophical approach. Primary data is sourced from the foundational books of Islamic jurisprudence of the four schools: "al-Mahsul" by Al-Razi (Shafi'i), "Syarh Tanqih al-Fusul" and "al-Furuq" by Al-Qurafi (Maliki), "Taqrib al-Usul" by Ibn Juzay (Hanbali), and "Al-Muwafaqat" by Al-Shatibi (Maliki). The data is analyzed comparatively and prescriptively using inductive logic and reasoning. The research demonstrates that the existence of induction in the methodology of Islamic law among the four schools is most prominent as Islamic legal inference (istidlal). The urgency of induction as a methodology in Islamic law is relevant to efforts to transform Sharia economic law within Indonesian law. There are four principles of jurisprudence as products of Islamic thought influenced by inductive logic, which legitimize the fatwas of the National Sharia Board of the Indonesian Ulema Council (DSN-MUI), such as Fatwa No. 135/DSN-MUI/V/2020 on Shares, Fatwa No. 116/DSN-MUI/IX/2017 on Sharia Electronic Money, Law No. 41 of 2004 on Endowments, Article 16 paragraph (3) concerning endowed property such as money, and Supreme Court Regulation No. 2 of 2008 on the Compilation of Sharia Economic Law, Articles 112-115 (Book II) regulating Bai al-Wafa. This research can enhance understanding of inductive logic in Islamic law within Islamic higher education institutions as well as for Sharia Courts and the fatwas of the DSN-MUI.
The Problems of Implementing Imkan Rukyat in the Case of an Invisible Hilal (Crescent): A Perspective of Syafi�i Scholars
Authors: Hudi Hudi , Rofiq Ahmad
Published: June 2024

Imkan rukyat refers to the conditions under which the new moon (hilal) can likely be sighted based on specific criteria. When the hilal is visible, the following day can be confirmed as the start of the new lunar month. However, if the hilal is not seen during the rukyat observation, a dilemma arises between two choices: whether the next day should be declared as the first day of the new lunar month based on the criteria of imkan rukyat, or whether the current month should be completed (istikmal) to a full 30 days. All Islamic mazhabs including Hanafi, Maliki, and Hanbali generally advocate for istikmal if the hilal is not sighted. However, within the Syafi�i Mazhab, there is a divergence of opinion, with some scholars advocating for istikmal and others for hisab (astronomical calculations). This duality of opinion is particularly relevant in Indonesia, a country with a majority of Syafi�i followers. The aim of this research is to analyze the views of Syafi�i scholars on this matter. This study is a type of library research, focusing on the decisions of the Ministry of Religious Affairs of the Republic of Indonesia's isbat meetings regarding the start of the lunar month and the moon sighting data provided by Nahdlatul Ulama. The research is grounded in the Quran, Hadith, and Syafi�i jurisprudence (fiqh) texts. The findings of this study indicate that the majority of Syafi�i scholars hold that if the hilal is in a position of imkan rukyat but is not sighted, the month should be completed to 30 days (istikmal). However, some Syafi�i scholars permit the determination of the start of the new lunar month the next day based on hisab imkan rukyat, provided that the calculation is done by at least seven qualified astronomers who are unlikely to err, and that the non-sighting of the hilal is due to technical or natural factors. These results can serve as a reference for determining the start of the lunar month when the hilal is not visible due to cloudy conditions
The Role of High Religious Courts in The Bengkulu Area in Safeguarding Children's Interests Regarding Post-Divorce Living Expenses and Civil Rights
Authors: Pian Happy , Mukhlas Oyo Sunaryo , Arifin Tajul , Saebani Beni Ahmad , Ridwan Ahmad Hasaan , Abdulah Pakarti Muhammad Husni
Published: June 2024

This research aims to examine the legal process carried out by the Bengkulu Religious High Court in ensuring the living expenses of children after their parents' divorce. This study is qualitative research with a normative legal approach. Primary data comes from laws, court decisions related to children's rights post-divorce, and children's civil rights, while secondary data is obtained from books, online media, and journals with the same relevance. In exercising its authority, the Bengkulu Religious High Court prioritizes the principle of justice by maintaining the interests of the child, as well as the principles of balance and proportionality. However, there are several challenges such as the lack of public understanding of children's rights and obstacles in the implementation of Religious High Court decisions regarding the enforcement of children's civil rights. More intensive efforts are needed to provide the public with an understanding of children's rights and to improve the quality of enforcement of Religious High Court decisions to ensure optimal protection of the child's interests following their parents' divorce.
Hajj Financing Models: Fiqh Analysis of Payment Contracts for Hajj Funds at the Ministry of Religious Affairs in Indonesia
Authors: Jamal Mulyono , Zahro' Khurun'in , Nugraheni Nuriwanda Azizah , Cahyo Eko Nur
Published: June 2024

Hajj is an act of worship that completes the fifth pillar of Islam for a Muslim and is performed by those who are able. In its implementation in Indonesia, the hajj is organised by the Ministry of Religious Affairs (MORA) of Republic of Indonesia, including the offices of MORA in every city throughout Indonesia. The contract used during the registration of prospective pilgrims is a wakalah contract, but when they attend to the bank, the bank requestions what kind of contract will be employed whether wadi'ah or murabahah. This research is purposed to reveal the repayment contract for prospective pilgrims and analyse the principle of the contract applied in the repayment of funds for prospective pilgrims. The type of research used is field research with qualitative methods using descriptive analysis. The primary data sources in this research are obtained from the MORA of the Republic of Indonesia, while the secondary data was attained from journals or research related to the hajj financing model, then descriptive analysis of the data as material for the research findings. There are two findings in this research, firstly, the contract on the repayment of funds for prospective pilgrims, starting from the wakalah contract between prospective pilgrims and the MORA, this contract will take effect after the repayment of funds for prospective pilgrims. Secondly, the fiqh analysis of the principle of the contract applied to the repayment of funds for prospective pilgrims is wakalah and is appropriate as it should be. Even so, the MORA must also cooperate with stakeholders in providing the best service to hajj pilgrims so that they can perform the worship in holy lands (Madina and Mecca) comfortably and solemnly.
Strategic Management of Zakat Funds for Educational Initiatives: A Study at Amil Zakat Agency of�Nurul�Hayat
Authors: Tulab Tali , Yurista Dina Yustisi , Rozihan Rozihan
Published: June 2024

The Zakat, Infaq, and Sedekah (ZIS) funds hold significant potential in Indonesia for enhancing societal welfare, especially in the educational sector. However, the optimal utilization of these funds remains a challenge, with ensuring appropriate and effective usage being the primary concern. Therefore, conducting an in-depth study on the management of ZIS fund utilization in educational programs at the Amil Zakat Institution (LAZ) Nurul Hayat becomes essential to assess its professionalism in managing and distributing funds entrusted by donors. This research adopts a qualitative approach, focusing on LAZ Nurul Hayat in Semarang. Data collection methods involve interviews with LAZ Nurul Hayat officials and documentation based on relevant articles, journals, and research. Data processing encompasses editing, classification, data analysis, and conclusion stages. The findings reveal that LAZ Nurul Hayat has successfully implemented the management of zakat fund utilization, incorporating planning, implementation, monitoring, and evaluation in the educational sector.
Reconstructing Zakat Management Through Political Culture: Insights from Madura
Authors: Dikuraisyin Basar , Najah Ahmadun
Published: June 2024

The gap between the potential of zakat funds and the reality of zakat collection is caused by the lack of trust and awareness among the community. This research aims to provide a solution through cultural reconstruction in zakat execution. This reconstruction is called cultural politicization, which combines social theory and legal institutions. Furthermore, this reconstruction generates an ideal organizational relationship proposal for zakat management institutions and reduces social non-compliance. By conducting in-depth interviews with zakat institutions (BAZNAS and LAZIZNU) in Sumenep Regency, Madura, using a qualitative-phenomenological approach, this research is based on legal sociology focusing on zakat culture and institutional relations. This research yields findings, namely the cultural construction in zakat law implementation consists of three aspects; 1) authority construction, where zakat collectors ranging from BAZNAS, LAZ to individual collectors (kiai, ulama, ustad) compromise the roles, with kiai and ulama as zakat collectors and BAZNAS as partners. 2) personal community construction, making the community as the subject of empowerment for productive fund programs and supportive stakeholders. 3) literacy-stigmatization construction, where the community is made as members of partner organizations of zakat collectors. Another finding is that the development of zakat management organization (OPZ) relations involves making BAZNAS, LAZ, and individual collectors as business partners who cooperate. This study also implies that BAZNAS acts as a regulator and formulator of productive zakat programs, while LAZ and individual collectors act as operators who carry out zakat management functions from collection to distribution and implement productive zakat utilization programs.
A Inauspicious Month in Javanese Wedding Tradition in Luwu Utara, South Sulawesi: Perspective�of�Islamic�Law
Authors: Rahmawati Rahmawati , Takdir Takdir , Muhajir Muhammad Nur Alam , Abdain Abdain
Published: June 2024

Determining inauspicious days in Javanese marriage traditions is significant. Sometimes, this leads to debates and controversies from various perspectives as it is considered contrary to Islamic law. This research aims to examine the determination of inauspicious days in Javanese marriage traditions during the month of Muharram (Suro). This study employs an empirical juridical approach using theories of social change and Islamic legal theory, particularly social tradition ('urf) and public interest (maslahah). Data is collected through interviews and literature reviews. Subsequently, the data is analyzed using these theories through data reduction, data presentation, and conclusion drawing processes. The research results reveal that the determination of inauspicious days in marriage traditions is based on the societal belief in the existence of inauspicious days for couples marrying in the month of Suro. This belief is grounded in experiences and stories passed down through generations. On the other hand, the concept of maslahah refers to the welfare or benefit for humans. In the context of inauspicious days for marriage, maslahah refers to efforts to prevent conflicts between couples and families. Furthermore, from the perspective of Islamic law, prohibiting marriage in the month of Suro in North Luwu Regency is permissible because there are no prohibitions in the Quran or hadith against it. Such traditions in Islamic law are referred to as �urf shahih, which are good and permissible customs as long as they do not contradict sharia. The prohibition is valid if it is based on the motivation to obey parental advice (birr al-walidayn) and as a form of respect for deceased parents, and linking everything that happens to the will of Allah SWT. However, if the tradition contradicts sharia and harms faith, then the tradition cannot�be�practiced.
Tracing the Development of Islamic Economic Thought in the Abbasid Era: The Legacy of Umar�bin�Khattab
Authors: Mujib Ahmad , Aziz Abdul , Madrah Muna Yastuti , Wahid Zawawi Abdul
Published: June 2024

The expansion of Islamic territories during the time of Umar ibn Khattab led to increasingly complex problems, especially in the economic field. During this period, Umar ibn Khattab introduced remarkable, though sometimes controversial, policies. These policies and ideas were extensively studied by scholars during the Abbasid Caliphate and became the foundation for the development of Islamic economic thought. This article reveals several areas where the study of Islamic economics made significant progress. It is based on a literature review using primary sources such as the books of Ali Muhammad As-Shalabi and Jaribah bin Ahmad Al-Haritsi, utilizing a historical approach. The research results show a strong scholarly tradition, accompanied by the documentation of many accounts from Umar ibn Khattab, especially in the domains of kharaj, �usyr, jizyah, and the institution of al-hisbah. This demonstrates that Umar ibn Khattab laid the intellectual foundations in the fields of economics and Islamic jurisprudence. During that time, scholarly studies on economics continued to develop. The books discussed by scholars of that era covered various aspects of Islamic economic thought, all of which were closely related to the government
Twitter Visualitation of Healty Catering Food Promotion Strategy
Authors: Nafis Khilyatun , Ambarwati Rita , Pebrianggara Alshaf
Published: June 2024

This analysis aims to determine whether there are differences in marketing strategies and which strategy is superior between the two health catering industries. Intermediary of Twitter as a place to retrieve data, where Twitter is a social media with the fastest spread of news through hashtags and trending topics of a phenomenon that is busy being discussed. They use qualitative methods by utilizing Social Network Analysis (SNA) and are assisted by several supporting tools such as Gephi, Wordji, Notepad++, and Dictionaries to make it easier for researchers to analyze the data obtained so that it is concrete and relevant. From the visualization of Twitter user tweet data, the researcher found that Twitter users discussed Yellowfit Kitchen health catering more than Gorygourmet, as evidenced by a large number of data visualizations obtained. Then on average, customers choose to subscribe to health catering Yellowfit Kitchen with the pure aim of dieting. At the same time, healthy catering Gorygourmet customers subscribe to a more nutritious diet to avoid disease.
EVALUASI USABILITY TESTING APLIKASI LMS WASKITA DENGAN METODE SYSTEM USABILITY SCALE (SUS)
Authors: Kusumaningrum Andi Sutra , Frobenius Arvin Claudy , Shonta Angga Arindra , Khoirunnisa Nur Andini , Kharomadhona Nurdini , Untoro Wisnu Yudo
Published: June 2024

Waskita is the Amikom Yogyakarta University LMS (Learning Management System) application presented to students to make it easier to access learning materials. Waskita has two access rights namely lecturers and students, where this research focuses on student access rights. Waskita URL link address located at https://waskita.amikom.ac.id/ which has features for uploading assignments, downloading materials, searching for courses, and etc. This research illustrates the value of usability testing for the Waskita LMS application. Research methods used is the SUS method by giving a questionnaire consisting of 10 SUS method questions and 3 additional questions to 45 respondents. The user research technique that we use is satisfaction surveys users to get quantitative data using ranges in number format and qualitative ones description format from respondents. The results in this research show that the usability testing value of the LMS website Waskita is 47 or is on the "F" grade scale, where several respondents stated that there is a menu which have the same use, confusing flow of operations, lacking information clear, and the appearance is less attractive. So it can be concluded that the Waskita LMS website is feasible to be redesigned.