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All Journal AL-HUKAMA´ Ulumuna
M. Ghufron
UIN Sunan Ampel Surabaya
Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Nalar Integrasi Fikih dan Psikologi Keluarga dalam Pandangan Hakim Agama Jawa Timur Tentang Hak Asuh Anak Pasangan Murtad M. Ghufron; Moh. Ali
AL-HUKAMA Vol. 10 No. 1 (2020): June 2020
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2020.10.1.73-98

Abstract

One of the causes of divorce which was decided by a Religious Court judge was because of the apostasy of one of the spouses. Divorce due to apostasy leaves problems in parenting. To whom the child custody will be given must be considered by the judge. This research is empirical research (field study) with fiqh and family psychology approach to get an understanding of the basic considerations of judges in establishing child custody in the case of an apostate partner. Through interviews and documentation, the study found, that the consideration of judges based on three things: first, normative basis, which is based on the consideration of Constitution No. 1 of 1974, Compilation of Islamic Law, Constitution No. 7 of 1989 Jo. Constitution Number 30 of 2006 concerning Childcare, and Number 23 of 2002, Supreme Court jurisprudence Number 210 / K / AG / 1990. Second, fiqh basis, which refers to the requirements of the Hadhanah which are in line with fiqh and the provisions of the Hadhanah based on Syafii's Madzab. Third, the psychological basis, which considers all psychological problems related to children. By using this integrative analysis the judge considers that the requirements for Muslims to care for children are in line with psychological values, that the family must provide Islamic education to shape the child's mental spirit.
The Tradition of Madurese Wedding Ceremony: Islamic Law and Local Tradition within the Framework of Maqāṣīd al-Sharī’a M. Ghufron
Ulumuna Vol 22 No 1 (2018): June
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ujis.v22i1.298

Abstract

This study explores the encounters of Islamic law and local culture in the wedding ceremony in the villages on Madura, which have been influenced by the former kingdom in the eastern part of the island. This tradition for the village community members is so pivotal that ignoring it is tantamount to inviting calamity. This study applies the theory of Maqāṣīd al-Sharī’a and liminality of life-cycle by Arnold van Gennep. The ceremony includes several steps, starting from the parade of the groom with his envoy into the bride’s house up to the blessing to the newly married couple. Focusing primarily on two precessions in the wedding ceremony, namely ngiddhe 'tellor sampek bhesa (stemping the eggs until they break) and mengghar bhalabhar (opening rope), this study reveals that these processions mark a new phase in the life-cycle of the couple and entails symbols of meaning. Through the ceremony, the couple experiences separation and inclusion into a new chapter in their life. Because the tradition realizes happiness and fortune and dispells evil for both the couples and their exended family in general, it implies that the tradition also aims to implement the highest objective and principles of Islamic law.
Co-Authors Moh. Ali