Asmuni Asmuni
Biographic Data
| ID | 8987149 |
|---|---|
| NAME | Asmuni Asmuni |
| GIVEN NAMES | Asmuni |
| FAMILY NAME | Asmuni |
| SIGNATURE | ASMUNI A |
| AFFILIATIONS | Islamic University of Indonesia |
| ORCID | 0000-0002-6878-3713 |
| VERIFIED | Yes |
| TOTAL WORKS | 26 |
| TOTAL CITATIONS | 0 |
| AUTHOR COUNT | 26 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2014 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 0 |
Reassessing Tajdid al-Nikah
The practice of tajdid al-nikah (renewal of marriage) within the framework of Maqhasid Sharia presents significant issues in Islamic law, particularly concerning legitimizing the lineage (nasab) of children born outside of marriage. In Islamic law, a couple involved in adultery can validate their relationship post-birth of a child through tajdid al-nikah to establish legal paternity. Although this practice aims to fulfill maqasid al-shariah objec…
Towards Legal Justice
Decision Number 183/Pdt.G/2023/PA.Mbl and Number 547/Pdt.G/2023/PA.Utj has paved the way for expanding the implementation of obligatory bequest by granting the inheritance to the unregistered wife in a polygamous marriage. Stepchildren, non-Muslim heirs, and biological children born outside of a registered marriage are forms of expansion of the obligatory bequest regulated in the nomenclature of jurisprudence or the Circular of the Supreme Court …
Dynamics Response of Indonesian Islamic Law to the Protection of Intellectual Property Rights
Every work of innovation is a valuable intellectual property that should be protected by the state, according to Law No. 24 of 2014. However, Intellectual Property Rights are not adhered to by the public as there is much piracy. This is evident in the proliferation of websites providing pirated music, photocopies of books, and uploading songs that are sung again without permission from the creator. This necessitates a study related to the protect…
Beseang (Customary Divorce) in Sasak Society From the Perspective of Maqasid Al-Shariah
This study is primarily focused on "adat beseang" (custom divorce) as it is known among the Sasak people. The study highlights the intricacy of Sasak divorce customs, which are deeply ingrained in inherited customs and deeply held regional beliefs. This study examines the compatibility of Islamic principles and customary law practices using maqasid al-shariah as an evaluation framework. Findings indicate conflicts between maqasid al-shariah princ…
Whole of Government
Although parental responsibility in providing child support was determined by a religious court, many parents have simply ignored the specific level of obligation until such time that any debt had been declared satisfied on behalf of indebtedness once accrued — i.e., when they are no longer able to fulfill weekly financial 'honey-do lists'. Religious courts have no binding force, and cannot enforce him fulfill his obligations as a parent. This is…
Social Culture Formation and Development of Village-Owned Enterprises as a Hybrid Organization in Indonesia
This study aimed to describe the development of Village-Owned Enterprises (BUM Desa) in Indonesia as hybrid organizations. A hybrid organization is formed with different institutions and becomes a new institution. In general, the new institution was created with a double mission. One remains for business-oriented, the other for social purposes. The study followed the guidelines for Village-Owned Enterprises designed uniformly to be implemented by…
Relocating the Capital City of Indonesia
This article aims to critically evaluate the relocation of the capital city of Indonesia based on the principles of al-maqāṣid (the objectives of Islamic law), as outlined in the existing legislation. The relocation of a capital city has historical precedence in Islamic tradition, with its primary justification being the fulfillment of the public good (maslahah). Through a normative legal study, this research reveals that the objective of relocat…
Religious Court Decisions Regarding the Revocation of Grant (Hibah) in the Perspective of Islamic Jurisprudence
This scholarly article examines the judgments rendered by Religious Courts concerning disputes related to the revocation of grants, employing the viewpoint of Islamic jurisprudence and the maslahah theory. In this instance, the judicial panel overseeing the dispute related to the cancellation of the grant primarily invoked the provisions outlined in Article 35, Paragraph 1, and Article 36, Paragraph 1 of the Marriage Act (Law Number 1 of 1974), w…
Prinsip Proporsional Pertanggungan Ganti Rugi Dalam Perkara Wanprestasi Akad Musyarakah (Analisis Putusan Mahkamah Agung Ri Nomor 624 K/Ag/2017)
Pada umumnya, ganti rugi akibat wanprestasi dibayarkan oleh pihak yang tidak melaksanakan kesepakatan akad. Namun putusan kasasi yang dikeluarkan Mahkamah Agung Nomor 624 K/AG/2017 memberikan perspektif lain dalam hal pembebanan ganti rugi. Dengan latar belakang akad musyarakah antara debitur dengan kreditur sebuah bank syariah di Sumatera Utara, Majelis Hakim memutuskan kerugian yang menjadi objek sengketa menjadi beban debitur dan kreditur untu…
The Majelis Ulama’s Fatwa on Freedom of Expression On Social Media
This article criticizes MUI Fatwa Number 24 of 2017 concerning guidelines for naming through social media, wherein the decision of its legal provisions the fatwa has given many restrictions that can be understood as an effort to close the space for freedom of expression and opinion on social media, the impact of which social media users feel afraid and restrained to views. The existence of this fatwa is fundamental because it provides clues regar…
Maqashid Sharia Perspective of Legal Sanction for Khalwat Actors in Aceh
This paper discusses the dynamics of punishment for khalwat perpetrators which is habitually inclined to implement the rule of law underlined in Aceh. The aim of this research is to analyze the provision of legal sanctions carried out by Acehnese for khalwat perpetrators based on the maqashid sharia perspective. This study was conducted by using empirical juridical research with law sociology approach, and the source of the main data was an inter…
When Religious Judges Protect Children's Rights
In a marriage, a parent is the primary party that fulfills children's rights, but in reality, not all marriages end in ideal conditions. In many divorces, children's rights are jeopardized. This paper aims to study how children's rights are fulfilled at the hands of the Padangsidimpuan Religious Courts. Data for this study were collected through in-depth interviews, while secondary data was obtained from the case register files at the Padangsidim…
Problems of Mudharabah Financing in Islamic Banking After the Implementation of Qanun of Islamic Financial Institutions in Aceh
The mudharabah contract has become one of the Islamic banking products legitimated by The National Sharia Board and Financial Services Authority. Through the Qanun of Islamic Financial Institutions, the Aceh government has emphasized that banking practices in Aceh must rely on Sharia principles. The consequence of this regulation is that banks are only allowed to use sharia contracts in every financial and financing transaction. This research is …
Public Perception and Effectiveness of Punishment for Khalwat Perpetrators in Aceh
This study examines the public's perception of khalwat and the effectiveness of punishment against perpetrators’ violation of khalwat in Aceh. This study is a normative-empirical study with qualitative data. Data sources are the Constitution of 1945, Law No. 1 of 1946 on the Criminal Code, Law No. 8 of 1981 on the Criminal Procedure Code, and Qanun Aceh No. 6 of 2014 on the Jinayat Law. Field data are sourced from the community, leaders, religiou…
The Disparity Of Judge's Verdict On Child Custody Decision In Aceh Sharia Court
This article aims to explain the difference in the judge’s ruling (disparity) related to child custody (hadhānah) in the Aceh Sharia Court. This article is field research with a qualitative approach. The research method used is a normative-empirical law phenomenology that compares several judges' verdicts on hadhānah cases in the Aceh sharia court. In addition, it also describes that although Indonesia has the same Islamic legal product (KHI) but…
Strategic Analysis (Baznas) Sumut on Impossible Assistance and Development in Productive Zakat Management
This research is motivated by the problem of Mustahik’s success rate in managing productive zakat at the National Amil Zakat Board (BAZNAS) North Sumatradid not show the results as expected. This research aims: 1) To know the Mustahik Mentoring and Mentoring Program in management productive zakat on the National Amil Zakat Board (BAZNAS) North Sumatra. 2) To analyze the strategy of the National Zakat Agency (BAZNAS) North Sumatra on Assistance an…
The Implementation of Child Livelihood Payment after Divorce Occurs in the Perspective of the Shafi` School of Fiqh and Positive Law (Post-Court Judgment Analysis Study in North Sumatra)
As many as 80% of the judges' verdicts at the North Sumatra Religious Court (PA Sumut) were ignored by their former husbands, excluding education and health costs. This study aims: (1) to find out how to pay for children's livelihoods after divorce, from the perspective of the Syāfi`ī school of jurisprudence, (2) to find out how to pay for child support after divorce, with a positive legal perspective (3) to find out how to determine children's l…
The True North Urgency of the Earth in Determining the Direction of the Qibla According to Fiqh and Falak Science
True North true north is any point on the earth to the North pole, this is because the North and South poles point precisely to the earth's axis of rotation. Therefore true north is North based on the earth's axis not North based on the earth's magnetism. So the difference is true North shows the true north direction of the earth while magnetic North is the North direction of the magnetic compass needle. Magnetic north does not coincide with Eart…
Implementation of the principle of sale and purchase transactions through MLM in Brand Branch (BC) PT. Herba Penawar Alwahida Indonesia (HPAI) Tanjungbalai
Products are "goods and / or services related to food, beverages, drugs, cosmetics, chemical products, biological products, genetically engineered products, as well as used goods that are used, used or utilized by the public", while the halal certificate is a certificate issued by the Central or Provincial MUI regarding the case of a food product, foodstuff, beverage and medicine and cosmetics produced by the company after being examined and decl…
Dynamics of Application of Halal Certification on Medicine Products in Indonesia
Products are "goods and / or services related to food, beverages, drugs, cosmetics, chemical products, biological products, genetically engineered products, as well as used goods that are used, used or utilized by the public", while the halal certificate is a certificate issued by the Central or Provincial MUI regarding the case of a food product, foodstuff, beverage and medicine and cosmetics produced by the company after being examined and decl…
Implications of Dalalah Amr in Terms the Law of Serving in Covid19 Pandemic Situation
It is an agreement of the ummah, that what Allah revealed in the Al-Qur'an and also what was conveyed by the Messenger of Allah in the Hadith are the basic sources of Islamic law. The two sources, of which there is an order (Amr), this Amr has various meanings such as obligatory, mustahab and others. In this study, the researcher attempted to describe the views of the scholars of jurisprudence in understanding the meaning of amar and its implicat…
The Process of Implementing Divorce Cases in North Sumatra Religious Court after the Entry into force of Perma Number 1 of 2016
The aims of the study are to find out the process of implementing divorce case in North Sumatera. This study is a qualitative and normative study of PERMA Number 1 of 2016 with its application in the North Sumatra Religious Court as a legal product in the present aspects that applies in testing the success of the regulation being implemented in the North Sumatra Court, especially in (three) 3 big cities namely the Court Medan, Binjai and Tebing T…
Krisis Nalar Fikih (Pembacaan Perspektif Epistemologi Jabirian dan Hamadian)
Fiqh (baca Hukum Islam) oleh banyak kalangan dianggap menjadi problem utama dan menghambat kemajuan. Ia tidak berkembang mengikuti irama perkembangan kehidupan umat Muslim. Ada yang berpendapat ketidakmampun fiqh ini mulai sejak pendudukan Mesir oleh Napoleon Bonaparte. Bahkan ada pendapat lain yang mengatakan sejak kaidah ushul dan kaidah fiqh berada dalam sandra mazhab, fiqh berstatus mapan, dan pintu ijtihad ditutup rapat. Aktifitas ijtihadi u…
Strategi Pembangunan Ekonomi Berbasis Sistem Al-Maqashid
The economic crises are occurred not only in the developing countries, but also in the developed ones. The signals provide a strong approval that economic based on capitalism and socialism has failed to create prosperity and to humanize the human-being themselves. Furthermore, Moslem countries which are the victims of both capitalism and socialism are getting sufferer, since they are trapped on foreign loan with high interest accumulation. Conseq…
Strategi Pembangunan Ekonomi Berbasis Sistem Al-Maqashid
The economic crises are occurred not only in the developing countries, but also in the developed ones. The signals provide a strong approval that economic based on capitalism and socialism has failed to create prosperity and to humanize the human-being themselves. Furthermore, Moslem countries which are the victims of both capitalism and socialism are getting sufferer, since they are trapped on foreign loan with high interest accumulation. Conseq…
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Strategi Pembangunan Ekonomi Berbasis Sistem Al-Maqashid
The economic crises are occurred not only in the developing countries, but also in the developed ones. The signals provide a strong approval that economic based on capitalism and socialism has failed to create prosperity and to humanize the human-being themselves. Furthermore, Moslem countries which are the victims of both capitalism and socialism are getting sufferer, since they are trapped on foreign loan with high interest accumulation. Conseq…
Strategi Pembangunan Ekonomi Berbasis Sistem Al-Maqashid
The economic crises are occurred not only in the developing countries, but also in the developed ones. The signals provide a strong approval that economic based on capitalism and socialism has failed to create prosperity and to humanize the human-being themselves. Furthermore, Moslem countries which are the victims of both capitalism and socialism are getting sufferer, since they are trapped on foreign loan with high interest accumulation. Conseq…
Nalar Islam Tenaga Edukatif Universitas Rahmatan Lil Alamin
Islamic University of Indonesia (UII) was established by the founding fathers who originated from the background of several Islamic organizations in Indonesia. such as Nahdlatul Ulama (NU) and Muhammadiyah, etc. so that the vision of UII, is rahmatan lil ‘alamin. Starting from this vision, then this research traces Islamic reason of UII lecturers. The theory of Islamic reason that used in this research is by integration the theory of Mark Woodwar…
Krisis Nalar Fikih (Pembacaan Perspektif Epistemologi Jabirian dan Hamadian)
Fiqh (baca Hukum Islam) oleh banyak kalangan dianggap menjadi problem utama dan menghambat kemajuan. Ia tidak berkembang mengikuti irama perkembangan kehidupan umat Muslim. Ada yang berpendapat ketidakmampun fiqh ini mulai sejak pendudukan Mesir oleh Napoleon Bonaparte. Bahkan ada pendapat lain yang mengatakan sejak kaidah ushul dan kaidah fiqh berada dalam sandra mazhab, fiqh berstatus mapan, dan pintu ijtihad ditutup rapat. Aktifitas ijtihadi u…
The True North Urgency of the Earth in Determining the Direction of the Qibla According to Fiqh and Falak Science
True North true north is any point on the earth to the North pole, this is because the North and South poles point precisely to the earth's axis of rotation. Therefore true north is North based on the earth's axis not North based on the earth's magnetism. So the difference is true North shows the true north direction of the earth while magnetic North is the North direction of the magnetic compass needle. Magnetic north does not coincide with Eart…
Implementation of the principle of sale and purchase transactions through MLM in Brand Branch (BC) PT. Herba Penawar Alwahida Indonesia (HPAI) Tanjungbalai
Products are "goods and / or services related to food, beverages, drugs, cosmetics, chemical products, biological products, genetically engineered products, as well as used goods that are used, used or utilized by the public", while the halal certificate is a certificate issued by the Central or Provincial MUI regarding the case of a food product, foodstuff, beverage and medicine and cosmetics produced by the company after being examined and decl…
Dynamics of Application of Halal Certification on Medicine Products in Indonesia
Products are "goods and / or services related to food, beverages, drugs, cosmetics, chemical products, biological products, genetically engineered products, as well as used goods that are used, used or utilized by the public", while the halal certificate is a certificate issued by the Central or Provincial MUI regarding the case of a food product, foodstuff, beverage and medicine and cosmetics produced by the company after being examined and decl…
Implications of Dalalah Amr in Terms the Law of Serving in Covid19 Pandemic Situation
It is an agreement of the ummah, that what Allah revealed in the Al-Qur'an and also what was conveyed by the Messenger of Allah in the Hadith are the basic sources of Islamic law. The two sources, of which there is an order (Amr), this Amr has various meanings such as obligatory, mustahab and others. In this study, the researcher attempted to describe the views of the scholars of jurisprudence in understanding the meaning of amar and its implicat…
The Process of Implementing Divorce Cases in North Sumatra Religious Court after the Entry into force of Perma Number 1 of 2016
The aims of the study are to find out the process of implementing divorce case in North Sumatera. This study is a qualitative and normative study of PERMA Number 1 of 2016 with its application in the North Sumatra Religious Court as a legal product in the present aspects that applies in testing the success of the regulation being implemented in the North Sumatra Court, especially in (three) 3 big cities namely the Court Medan, Binjai and Tebing T…
Strategic Analysis (Baznas) Sumut on Impossible Assistance and Development in Productive Zakat Management
This research is motivated by the problem of Mustahik’s success rate in managing productive zakat at the National Amil Zakat Board (BAZNAS) North Sumatradid not show the results as expected. This research aims: 1) To know the Mustahik Mentoring and Mentoring Program in management productive zakat on the National Amil Zakat Board (BAZNAS) North Sumatra. 2) To analyze the strategy of the National Zakat Agency (BAZNAS) North Sumatra on Assistance an…
The Implementation of Child Livelihood Payment after Divorce Occurs in the Perspective of the Shafi` School of Fiqh and Positive Law (Post-Court Judgment Analysis Study in North Sumatra)
As many as 80% of the judges' verdicts at the North Sumatra Religious Court (PA Sumut) were ignored by their former husbands, excluding education and health costs. This study aims: (1) to find out how to pay for children's livelihoods after divorce, from the perspective of the Syāfi`ī school of jurisprudence, (2) to find out how to pay for child support after divorce, with a positive legal perspective (3) to find out how to determine children's l…
The Majelis Ulama’s Fatwa on Freedom of Expression On Social Media
This article criticizes MUI Fatwa Number 24 of 2017 concerning guidelines for naming through social media, wherein the decision of its legal provisions the fatwa has given many restrictions that can be understood as an effort to close the space for freedom of expression and opinion on social media, the impact of which social media users feel afraid and restrained to views. The existence of this fatwa is fundamental because it provides clues regar…
Maqashid Sharia Perspective of Legal Sanction for Khalwat Actors in Aceh
This paper discusses the dynamics of punishment for khalwat perpetrators which is habitually inclined to implement the rule of law underlined in Aceh. The aim of this research is to analyze the provision of legal sanctions carried out by Acehnese for khalwat perpetrators based on the maqashid sharia perspective. This study was conducted by using empirical juridical research with law sociology approach, and the source of the main data was an inter…
When Religious Judges Protect Children's Rights
In a marriage, a parent is the primary party that fulfills children's rights, but in reality, not all marriages end in ideal conditions. In many divorces, children's rights are jeopardized. This paper aims to study how children's rights are fulfilled at the hands of the Padangsidimpuan Religious Courts. Data for this study were collected through in-depth interviews, while secondary data was obtained from the case register files at the Padangsidim…
Problems of Mudharabah Financing in Islamic Banking After the Implementation of Qanun of Islamic Financial Institutions in Aceh
The mudharabah contract has become one of the Islamic banking products legitimated by The National Sharia Board and Financial Services Authority. Through the Qanun of Islamic Financial Institutions, the Aceh government has emphasized that banking practices in Aceh must rely on Sharia principles. The consequence of this regulation is that banks are only allowed to use sharia contracts in every financial and financing transaction. This research is …
Public Perception and Effectiveness of Punishment for Khalwat Perpetrators in Aceh
This study examines the public's perception of khalwat and the effectiveness of punishment against perpetrators’ violation of khalwat in Aceh. This study is a normative-empirical study with qualitative data. Data sources are the Constitution of 1945, Law No. 1 of 1946 on the Criminal Code, Law No. 8 of 1981 on the Criminal Procedure Code, and Qanun Aceh No. 6 of 2014 on the Jinayat Law. Field data are sourced from the community, leaders, religiou…
The Disparity Of Judge's Verdict On Child Custody Decision In Aceh Sharia Court
This article aims to explain the difference in the judge’s ruling (disparity) related to child custody (hadhānah) in the Aceh Sharia Court. This article is field research with a qualitative approach. The research method used is a normative-empirical law phenomenology that compares several judges' verdicts on hadhānah cases in the Aceh sharia court. In addition, it also describes that although Indonesia has the same Islamic legal product (KHI) but…
Religious Court Decisions Regarding the Revocation of Grant (Hibah) in the Perspective of Islamic Jurisprudence
This scholarly article examines the judgments rendered by Religious Courts concerning disputes related to the revocation of grants, employing the viewpoint of Islamic jurisprudence and the maslahah theory. In this instance, the judicial panel overseeing the dispute related to the cancellation of the grant primarily invoked the provisions outlined in Article 35, Paragraph 1, and Article 36, Paragraph 1 of the Marriage Act (Law Number 1 of 1974), w…
Prinsip Proporsional Pertanggungan Ganti Rugi Dalam Perkara Wanprestasi Akad Musyarakah (Analisis Putusan Mahkamah Agung Ri Nomor 624 K/Ag/2017)
Pada umumnya, ganti rugi akibat wanprestasi dibayarkan oleh pihak yang tidak melaksanakan kesepakatan akad. Namun putusan kasasi yang dikeluarkan Mahkamah Agung Nomor 624 K/AG/2017 memberikan perspektif lain dalam hal pembebanan ganti rugi. Dengan latar belakang akad musyarakah antara debitur dengan kreditur sebuah bank syariah di Sumatera Utara, Majelis Hakim memutuskan kerugian yang menjadi objek sengketa menjadi beban debitur dan kreditur untu…
Dynamics Response of Indonesian Islamic Law to the Protection of Intellectual Property Rights
Every work of innovation is a valuable intellectual property that should be protected by the state, according to Law No. 24 of 2014. However, Intellectual Property Rights are not adhered to by the public as there is much piracy. This is evident in the proliferation of websites providing pirated music, photocopies of books, and uploading songs that are sung again without permission from the creator. This necessitates a study related to the protect…
Beseang (Customary Divorce) in Sasak Society From the Perspective of Maqasid Al-Shariah
This study is primarily focused on "adat beseang" (custom divorce) as it is known among the Sasak people. The study highlights the intricacy of Sasak divorce customs, which are deeply ingrained in inherited customs and deeply held regional beliefs. This study examines the compatibility of Islamic principles and customary law practices using maqasid al-shariah as an evaluation framework. Findings indicate conflicts between maqasid al-shariah princ…
Whole of Government
Although parental responsibility in providing child support was determined by a religious court, many parents have simply ignored the specific level of obligation until such time that any debt had been declared satisfied on behalf of indebtedness once accrued — i.e., when they are no longer able to fulfill weekly financial 'honey-do lists'. Religious courts have no binding force, and cannot enforce him fulfill his obligations as a parent. This is…
Social Culture Formation and Development of Village-Owned Enterprises as a Hybrid Organization in Indonesia
This study aimed to describe the development of Village-Owned Enterprises (BUM Desa) in Indonesia as hybrid organizations. A hybrid organization is formed with different institutions and becomes a new institution. In general, the new institution was created with a double mission. One remains for business-oriented, the other for social purposes. The study followed the guidelines for Village-Owned Enterprises designed uniformly to be implemented by…
Relocating the Capital City of Indonesia
This article aims to critically evaluate the relocation of the capital city of Indonesia based on the principles of al-maqāṣid (the objectives of Islamic law), as outlined in the existing legislation. The relocation of a capital city has historical precedence in Islamic tradition, with its primary justification being the fulfillment of the public good (maslahah). Through a normative legal study, this research reveals that the objective of relocat…
Reassessing Tajdid al-Nikah
The practice of tajdid al-nikah (renewal of marriage) within the framework of Maqhasid Sharia presents significant issues in Islamic law, particularly concerning legitimizing the lineage (nasab) of children born outside of marriage. In Islamic law, a couple involved in adultery can validate their relationship post-birth of a child through tajdid al-nikah to establish legal paternity. Although this practice aims to fulfill maqasid al-shariah objec…
Law (19 works) · Political science (19 works) · Sociology (15 works) · Legal Studies and Policies (12 works) · Islam (11 works) · Islamic Finance and Communication (11 works) · Business (10 works) · Philosophy (9 works) · Sharia (9 works) · Marriage and Family Dynamics (8 works)