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All Journal YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Al-Ahkam Mazahib: Jurnal Pemikiran Hukum Islam Al-Hukama: The Indonesian Journal of Islamic Family Law
Hadi, Mukhammad Nur
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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MUHAMMAD SYAHRUR DAN KONSEP MILKUL YAMIN : KRITIK PENAFSIRAN PERSPEKTIF USHUL FIQH Hadi, Mukhammad Nur
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 10, No 1 (2019): Yudisia: Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (7176.878 KB) | DOI: 10.21043/yudisia.v10i1.5057

Abstract

The Scholars stated that occurring verses of milkul yamin (slave ownership) had been stoped because of its locus which was disappeared. Meanwhile, the trademark of al-Qur’an as the book of revelation which is always relevant unlimitedly to dynamic of era has been paradox. On the other hand, through Syahrur verses of milkul yamin uniquely can be interpreted with the new locus. Syahrur assumed that nowadays the context of milkul yamin can be compared with ‘aqdul ihshan (commitment of sexual intercourse) as the way to legitimate sexual intercourse outside marriage that is happening in the Western tradition. This concept was based on sexual intercourse between man and his slave which was taken from three chapters; al-Ahzab: 50, al-Mu’minun: 5-6, and an-Nur: 31 as a consequence of the view of Syahrur’s limit theory to the comprehnsive norm of al-Qur’an. However, the problem is that is reinterpretation of Syahrur relevant accordance with the principal orinentation of al-Qur’an (maqashid al-Qur’an). Ideally, the recontextualization should considered general benefits (mashlahat) for human because not all traditions can be accommodated by Islam. It shows that living Qur’an to verses of milkul yamin on Syharur’s perspective ignored the dialectic between mashlahat (benefit) and ‘urf (tradition).  In this position, reexamining Syharur’s thought of his reinterpretation to milkul yamin by considering the ideal of human-social reality does not find base paradigm.
The Reality of Violence Against Wives: Dynamics of Social Settlement and Support in Lamongan, East Java Sabri, Fahruddin Ali; Rohmah, Linda Farihatur; Ghufron, Muhammad; Hadi, Mukhammad Nur; Musafa'ah, Suqiyah; Nadhifah, Nurul Asiya
Mazahib Vol 23 No 1 (2024): VOLUME 23, ISSUE 1, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i1.7512

Abstract

As a hidden crime, violence against wives is considered a disgrace to be discussed in public, especially reported to state and non-state actors. At first, victims feel able to resolve violence without outside intervention from outside their household, but repetition after repetition of violence requires them to choose what kind of resolution is right for them. This choice should be made after they have the support of individuals in their social environment. This study aims to explore the knowledge and experience of victims of violence against wives in choosing one among legal norms favorable to them. This study uses a critical realist approach by collecting qualitative data with dialogue techniques and observations of three women who were victims and six people who provided support to victims. We conclude that victims experience a dynamic psychological state, where initially, they always try to maintain the integrity of their household. The dominance of men and the subordination of women as a reality of cultural norms are essential factors in choosing ways of resolving conflicts at the community level, and we consider that the community has succeeded in providing social support to victims so that victims feel they get help and defense. However, we hope that this social support can be carried out through structured, systematic, and massive protection of victims of violence from State and non-state actors while considering the cultural norms of the community and supporting the identification of violence.
Wage-based Dowry Legal Paradigm: Perspectives of Muslim Generation Z in Surabaya Hadi, Mukhammad Nur; Syatta, Indy Mafiiqo; Safitri, Eka; Sabri, Fahruddin Ali; Masum, Ahmad
Al-Ahkam Vol 33, No 2 (2023): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2023.33.2.17591

Abstract

This paper traces the perception of Generation Z Muslims in Surabaya about marriage dowry. Data was obtained from questionnaires distributed to them, and finally received 174 respondents. Two things that were tracked were their perception of the Regional Minimum Wage-based dowry quality and quantity standards and their legal paradigm towards the idea of wage-based dowry. This study shows two important things. First, most of them disagree with wage-based dowry in the context of quantity. On the other hand, in the context of quality, they agree that dowry should be of productive value. At this point, they display a unique position because productivity is interpreted dually, wage-based standards and not. Second, they respond to this issue using four paradigms: sociological, normative, anthropological, and juridical. Sociological and juridical paradigms create the value of reciprocal protection, male and female. The normative paradigm establishes the importance of patriarchal protection. While the anthropological paradigm is more binding on the preservation of tradition. Here, it can be seen that the paradigm influence of protection on women in the context of wage-based dowry standards is quite strong, although sometimes women are trapped in a patriarchal paradigm.
Husband’s ‘Iddah in Indonesian Islamic Law Context: Insights from the Fatwa Approach of the Indonesian Women’s Ulema Congress Sam'un; Hadi, Mukhammad Nur
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 13 No. 2 (2023): December
Publisher : Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2023.13.2.297-323

Abstract

A husband has the right to either proceed with or delay remarriage after a revocable divorce from his wife, which differs from the wife, who must observe the ‘iddah period. This article discusses conceptualizing the husband's ‘iddah using the fatwa approach of the Indonesian Women’s Ulema Congress (KUPI). Employing a conceptual and philosophical approach, this article explores secondary data through KUPI's three main fatwa approaches: ma’ruf, mubadalah, and ultimate justice. This article demonstrates that the husband's iddah can be deemed obligatory. First, from the ma’ruf perspective, the husband's remarriage during the iddah period often harms the ex-wife due to neglect in providing post-divorce financial support. Second, from a mubadalah standpoint, postponing remarriage after divorce should ideally apply to both husband and wife, allowing psychological reflection space for both men and women. Third, in the context of genuine justice, the husband's remarriage during the ‘iddah period violates the principles of true justice in fulfilling and protecting the rights of women and children. This is because women and children experience more significant and prolonged psychological and social discrimination than men. In this context, mandating ‘iddah for husbands through KUPI's fatwa approach presents a new trend in Indonesian Islamic legal reform.
Co-Authors Eka Safitri Fahruddin Ali Sabri Masum, Ahmad Muhammad Ghufron musafa'ah, suqiyah Nurul Asiya Nadhifah, Nurul Asiya Rohmah, Linda Farihatur Sam'un Syatta, Indy Mafiiqo