Mizan: Journal of Islamic Law

Effectiveness of the Mediation Process in Resolving Divorce Cases at the Depok Religious Court

2024-06-30T16:58:26+00:00

The issuance of the Supreme Court Regulation of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures indicates that the mediation process has received special attention by the Judiciary Institution because this process is a process that has a positive impact on the parties and is linear with the principles of the judiciary, namely fast, simple and low cost. Mediation is a way of resolving disputes through a negotiation process to obtain an agreement between the parties assisted by a mediator. This study used qualitative research methods. The type of research used is a case study, by taking a survey approach and conducting direct observations as well as conducting interviews with mediators and litigants. The research consists of field studies and literature studies (Field Research and Library Research). The Depok Religious Court has carried out the Mediation Process in accordance with the rules Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Courts. The mediation process at the Depok Class 1 A Religious Court in accordance with PERMA No.1 of 2016 is still not effective with a success rate of only achieved about 2% Success with the issuance of a peace certificate, 8% Success by revoking the divorce case and 23% succeeded in peace but still choose Divorce.

ISTITHA’AH HEALTH IN THE FIQH PERSECTIVE HAJJ WORSHIP: Viewed in the Maslahah Mursalah Aspect

2024-06-30T16:58:26+00:00

This research aims to examine how Istitha’ah Health in the Hajj Pilgrimage is viewed in the aspect of Maslahah mursalah. This type of research uses a qualitative descriptive approach with normative juridical. The research results show that the Hajj pilgrims' health Istitha’ah must be based on the Republic of Indonesia Minister of Health Regulation Number 15 of 2016 by going through a series of health examination programs, including the first stage, second stage and third stage. Apart from that, the government is also implementing a health development program during the waiting period and departure period for Hajj pilgrims. The medical team or health management team for the Hajj pilgrims determines health Istitha’ah through a series of health checks. The first stage results in a diagnosis that is categorized as high health risk (risti) or not high risk (non-risti). The second stage determines the feasibility of Istitha’ah. The third stage is used to determine whether the Hajj pilgrims' health status is suitable for departure or not, referring to international aviation safety standards and/or international health regulations. From the perspective of Islamic law and Maslahah Mursalah, health guidance, both during the waiting period and during the departure period, is considered Maslahah Dlaruriyyah. This is related to providing convenience for fulfilling human needs, in accordance with the main principles in Islam, namely heredity, soul and reason. Thus, collaboration between the government and all elements is needed in efforts to provide outreach to Hajj pilgrims regarding comprehensive health Istitha’ah.

Application of Islamic Legal Principles in Public Communication Activities: A Case Study at UIN Syarif Hidayatullah Jakarta

2024-06-30T16:58:26+00:00

UIN Jakarta Publicist Subbag becomes a medium and facilitator between the policy or the direction of the leadership not only with academic Jakarta UIN therein. Subbag public relations has also become a funnel for our publications and dissemination unit and other work units owned by UIN Jakarta. The purpose of this research was to know about the activity of marketing public relations (MPR) Subbag. Publications and Documentation of UIN Jakarta. The research methodology used is the type of qualitative research with engineering data validity using the technique of triangulation which uses the theory of PENCILS (Publications, Events, News, Community involvement, Inform of image, Lobbying and negotiation, and Social responsibility) raised by Philip Kotler. The results showed that seven of the applied theory of PENCILS, aspects of Social responsibility are still held less than optimal; Publications, Events, and News should still be optimized by holding activities and working with national and international media. Recommendations to make Subbag. Publications and Documentation have to do improvements in human resources and forming a special team to manage Public Relations activities.

Philanthropy for Widows at Islamic University-Based Islamic Microfinance Institutions in Madura Indonesia After the Covid-19 Pandemic

2024-06-30T17:09:32+00:00

Universities perform a role beyond the enhancement of knowledge in modern society. During the epidemic, however, numerous institutions contributed to the improvement of the community's economy, and this trend persisted after the outbreak. The financial institutions established on the campuses of Madura's Islamic universities govern philanthropy as one of the instruments for economic development. Utilizing interviews, observation, and documentation, this research was conducted using a qualitative methodology. The study's findings indicate that Islamic universities in Madura, through Islamic financial institutions and Islamic boarding schools, contribute to the improvement of the community's economy from the pandemic to the post-pandemic era through the use of philanthropic instruments, one of which is a widow. Widows are viewed as one of the categories that must be aided by the economy because it is usual for widows, especially those with children, to encounter economic hardships. In Islamic microfinance institutions founded on Islamic colleges in Madura, types of generosity include building houses, supplying meals on a blessed Friday, offering zakat maal and zakat fitrah, waqf in the form of daily necessities, and productive economic forms including capital aid.

Analysis of the Decision on the Case of Wali Adhal in the Marriage of a Girl in the Bogor Religious Court

2024-07-02T05:45:13+00:00

Marriage is a sacred thing in carrying out worship to Allah, by entering into marriage, every thing that is done will produce extraordinary rewards on the side of Allah SWT. In a marriage, it is required to carry out several terms and conditions that have been widely explained in the Al-Quran and hadiths, one of which is the condition and obligation for the validity of marriage is the presence of the guardian (father and brother from the father's side) of the bride. The presence of this guardian in marriage is mandatory and if his presence cannot be done or the guardian is reluctant to attend his child's marriage then the guardian is included in the category of wali adhal. This study uses a research method by analyzing the decision on the marriage case of wali adhal in the marriage of a girl in the Bogor Religious Court, the method used is literature. The results of the decision the judges granted by listing several reasons, one of the reasons is because they already love each other and love each other and have been together for a long time, so the application for marriage is granted while the biological guardian is reluctant to allow her marriage to the prospective husband of her choice, so it is replaced by a guardian judge who is directly appointed by the head of the panel of judges at the Bogor Religious Court, namely the Head of the Religious Affairs Office of East Bogor District, Bogor City as a guardian judge who will marry the applicant with the prospective husband.

Keywords: Wali Adhal, Marriage, Religious Court

Effectiveness of Case Registration Services via the E-Court Application in Resolving Cases at the Cibinong Religious Court

2024-06-30T17:02:53+00:00

Electronic Court is an innovative application of the Supreme Court as a form of service to the community with the aim of implementing justice principles that are simple, fast and low cost. The aim of this research is to determine the effectiveness of case registration services through the e-Court application in resolving cases at the Cibinong Religious Court. The research method used in this writing is qualitative research using empirical juridical methods. Supreme Court Regulation Number 7 of 2022 is the latest regulation which is the basis for the application of e-court to the wider community. The results of this research show that the registration service via e-Court at the Cibinong Religious Court is running effectively as seen from the development of Supreme Court Regulations and the increase in case registration via e-Court for registered users and incidental users by 676 cases or an increase of 28% between 2021 and 2022. Dissemination of information regarding e-Court must be intensively carried out to the public so that parties seeking justice can resolve cases simply, quickly and at low cost.

Keywords: Effectiveness, E-court, Cibinong Religious Court