Khoiruddin Nasution
Fakultas Syari’ah dan Hukum UIN Kalijaga

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DASAR WAJIB MEMATUHI UNDANG-UNDANG PERKAWINAN (UUP): STUDI PEMIKIRAN MUHAMMAD ‘ABDUH Nasution, Khoiruddin
ADHKI: Journal of Islamic Family Law Vol 1 No 1 (2019): Journal of Islamic Family Law
Publisher : ADHKI Indonesia

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Abstract

One reason why the Marriage Law (UUP) is not obeyed is related to the status of compliance. According to the majority of Muslims, the status of obeying the contents of the UUP is related to and is a matter of the State, not related to the legality of religion, not related to the validity of marriage. Instead Muhammad 'Abduh is a thinker who believes that obeying the UUP is part of an obedient obligation to the government (uli al-amr), the same status as being obliged to obey Allah and His messengers, as required in al-Nisa' (4): 59 and 83. Thus, obeying the UUP is part of implementing compliance with the government. So obeying UUP is an obligation for every Muslim. Likewise, the UUP as a decision of people's representatives is an expression of the agreement of all the people. The people are represented by people who are elected by the people (people's representatives), because to gather all the people, at present, is impossible. So the decision of the people's representatives is positioned as the decision of all the people. The decision of the people's representatives for now becomes ijmâ ?, the third source of Islamic law after the Qur'an and the Sunnah of the Prophet Muhammad SAW. The final basis stipulates the obligation to obey the Marriage Law, compared to fiqh, fatwa, interpretation, and jurisprudence, as a product of Islamic legal thinking, the UUP occupies the most authoritative and comprehensive position, because the UUP is the result of the minds of many scholars and expertise. This paper tries to explain the concept of ?Abduh.
PENGARUH GERAKAN WANITA TERHADAP WACANA HUKUM ISLAM: Studi Hukum Perkawinan Indonesia Nasution, Khoiruddin
Al-Mawarid Jurnal Hukum Islam Vol 14 (2005): Pembaharuan Hukum Keluarga di Indonesia: Urgensi, Kontroversi dan Solusinya.
Publisher : Islamic University of Indonesia

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Abstract

The paper discusses role and influence of women movement in formulating the Marriage Law of Indonesian no. 1 of 1974. The issue described by citing the historical fact since the coming out of the issue of the important of marriage law to replace traditional Islamic marriage (fiqh), process of the emergence until promulgation and the result of the law. By so doing hopefully it will be able to understand the role and the influence of Indonesian women movement in formulating and contend of the law. What is found therefore is that women movement played an important role and influenced contend of the law. To prove this conclusion is first of all that women are the first group proposed of the important of promulgation of marriage law both individually and collectively (organization). Secondly, one of the objectives of the promulgation of marriage law is to improve the status of women. The third, majority of the content of marriage law is put women more equal with men. Key words: Indonesia, influence, Islamic marriage law, women movement.
Islam Membangun Masyarakat Bilateral dan Implikasinya terhadap Hukum Keluarga Islam Indonesia Nasution, Khoiruddin
Al-Mawarid Jurnal Hukum Islam Vol 17 (2007): Menyikapi UU No. 3/2006 tentang Perubahan UU No. 7/1989 mengenai Peradilan Agama
Publisher : Islamic University of Indonesia

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Abstract

Oneaspect of Islam reform is the family system from patrhiarchal to parental system.The model of reform includesthree modelsnamely: deconsruction, reconstruction and that of continuity. And the methodof deconstruction in this context comprises of two kinds totally and step by step process. This article tries to investigate the family law based on bilateralsystem and that of principle and it is expected to apply in Indonesia.Besides, it also offer the role of Islamic law as not only as a social control but also as tool of social enginering.This article also tracesthe concept of family law both the conventional fiqh and the act of marriage in Indonesia as representing the gender bias. Kata kunci: Fiqh, hukum keluarga, pembaharuan, bilateral, dan undangundang.
MENGHAPUS KEKERASAN DALAM RUMAH TANGGA DENGAN KAJIAN NORMATIF-YURIDIS: ANALISIS INTERDISIPLINER DENGAN PEMBEDAAN NASH OBJEKTIF DAN TEMPORAL Nasution, Khoiruddin
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (483.951 KB) | DOI: 10.1234/juris.v17i1.1000

Abstract

This paper is intended to describe the efforts that can be done to eradicate the violence in domestic life, especially to the wife. There are three theories of the interdisciplinary study; 1) the theory of classification of nash, 2) the theory of the effectiveness of the law, and 3) the theory of social action. Based on the data anlysis it could be found that first, there are a number of factors being the cause and source of violence against wives in domestic life. Second, understanding nash would distinguish objectives nash (maqâsid) from the temporal nash (wasâ’il). Third, it is important to build a legal culture of community, especially between husband and wife in domestic life, and importantly also changed a traditional behavior of society into a rational behavior. Fourth, the course of marriage becomes one of effective media introduced the law in in society, especially for husband and wife, in order to build a legal culture and change the traditional behavior of the society to be a rational one.
PENOLAKAN UMAT TERHADAP RISALAH KENABIAN DAN RELEVANSINYA DENGAN PENOLAKAN MUSLIM TERHADAP UNDANG-UNDANG PERKAWINAN Nasution, Khoiruddin
ADHKI: Journal of Islamic Family Law Vol 2 No 1 (2020): Vol. 2, No. 1, Juni 2020
Publisher : ADHKI Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37876/adhki.v2i1.26

Abstract

The people reject the prophetic treatise, just as some Indonesian people reject the enactment of Law No.1 of 1974 on Marriage (UUP). The question is whether there is relevance between these two objections. The results of research show there is relevance between the two. The relevance found was that both were rejected because they brought a change. People reject change, the same as some Indonesian society also rejects change. The people want establishment, the same as some Indonesian want establishment. The background of rejection is lack of understanding of the changes brought about. So the task of the prophets throughout his life is to understand the people. Most of the prophets succeeded in understanding and finally the people accepted the message of the prophetic message, but some were not understood. In line with the duties of the prophets, the task of observers, thinkers, and experts in Indonesian Islamic Family Law is to understand Indonesian society about the status of the UUP. That the UUP and related regulations are Indonesian Islamic sharia. That the UUP and related regulations are Indonesian Islamic law. That the UUP and related regulations are the same status as fiqh, fatwa, jurisprudent and interpretation, both the results of ijtihad, both the results of thought, are equally the results of understanding nash (istinbath). Even the UUP is actually a result of collective thought (ijmâ‘), while fiqh, fatwa, jurisprudence are the result of individual thought (ijtihad fardi). Although there is a collective fatwa, the number of mujtahids involved is still very limited compared to the experts involved in formulating and stipulating UUP.
Pandangan Islam Tentang Aborsi Nasution, Khoiruddin
Musawa Jurnal Studi Gender dan Islam Vol. 2 No. 2 (2003)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2003.22.113-130

Abstract

There is controversy over whether or not abortion should be· allowed. However Islamic thinkers agree that abortion may be carried out in cases where the pregnancy threatens the life of the mother. In the writer's opinion, the prohibition on abortion has been made for certain reasons, and conversely there are certain reasons or conditions under which abortion can be tolerated. These certain conditions may include pregnancy as a result of rape, pregnancy as ·a result of incest, disturbances in the physical health of the mother even though they are not life threatening, mental health problems, disability of the foetus and so on. These factors will have a strong impact on the life of the child as well as that of the mother, and as such, these indications can be reasons to allow abortion.
PENCATATAN SEBAGAI SYARAT ATAU RUKUN PERKAWINAN: Kajian Perpaduan Tematik dan Holistik Nasution, Khoiruddin
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 2 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.122.165-185

Abstract

This paper aims to prove that the registration of marriages is one of the requirements  of marriage, which means unregistered marriagesare illegal. The basic reasonsfor this conclusion is two-fold. First, the Prophet Muhammad had commanded public notices of marriage (walimahan, iklan). The purpose of this public notice is to secure the rights of spouses so that couples can achieve the purpose of marriage: a harmonious family. In fact, public notices are means to achieve this. Thus a contextual change is possible to changes the legal form as a mean to achieve the objectives of the marriage. Registration of marriage (marriage certificate) is a kind of contextualization of the command for the public notice of marriage. This contextualization is necessary because it is more effective and efficient to guarantee the achievement of a harmonious family as the ultimate goal of marriage. Second, Indonesian citizens must obey the rules of registration of marriage as set out and defined in the Act no. 1 of 1974 on Marriage [Marriage Act], as it is an implication of the obligation to obey the government (uli al-amr). Therefore, Indonesian citizens  who do not comply with the contents of Marriage Act is disobeying the government.  Furthermore, the Indonesian government has the right to make rules for creating welfare for the community (mashlah), being Indonesian citizens. Consequently, citizens are required to obey rules set by the Indonesian government for the whole welfare of community, and it is clear that the purpose of registration of marriage is for welfare of Indonesian citizens
Kontroversi Nilai Kesaksian Perempuan Nasution, Khoiruddin
Musawa Jurnal Studi Gender dan Islam Vol. 8 No. 1 (2009)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2009.81.77-92

Abstract

Majority of conventional scholars almost never questioned of status of women's testimony stated Al-Baqarah (2): 282, that the testimony of women is only a half of that men. However, majority of contemporary scholars have different view. They argue that what has been stated in the verse has to be interpreted contextually. The paper tries to describe the different view of the conventional and contemporary scholars, why it happens, and what kind of interpretation seems to be suitable for nowadays. What have been found is that the different opinion between conventional and contemporary scholars appears seems to be due to different context and method of interpretation. Conventional scholar more textual in interpretation while contemporary one more contextual. This different method happens due to the different demand. The conventional scholar was able to apply easily and no difficulty what is stated in Al-Baqarah (2): 282 without cantextualization, while contemporary scholars need context. Moreover, applicable conceptand it is more guarantee justice for nowadays is that the testimony of men in general manner is equal of that woman. Since, generally speaking, men and women play equal role in all aspect of life; family, society and state. The conclusionis found by using contextual approach and put nomative-universal nash more and before pratice-temporal. nash, while Al-Baqarah (2): 282 is included in practice-temporal nash. In another words, what has been stated in al-Baqaroh (2):282 is more contextual than normative. Therefore, different context automatically produces different concept.
Wali Nikah dan Persetujuan Perempuan: Antara Tuntutan dan Kenyataan Nasution, Khoiruddin
Musawa Jurnal Studi Gender dan Islam Vol. 5 No. 2 (2007)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2007.52.169-189

Abstract

Although it is revealed in a patrilinealArab community, Islam is substantially introducinga model of bilateral community which perceives men and woman in an egalitarian position. The purpose of Islam to build an egalitarian, bilateral is explicitly stated in a number of Qur'anic verses and prophetic traditions (hadits). With regard to the issue of wali in a marriage contract, there are Qur'anic verses and hadits which indicate that adult, intelligent women might marry off themselves without a male wali. This view is in conformity with that applauded by the Hanafis who argue that adult women, just like adult men, might marry off themselves. Such interpretation, in the opinion of the writer, is the one to serve the purpose of Islam in developing an egalitarian community.
Nikah Dini Dari Berbagai Tinjauan: Analisis Kombinasi Tematik dan Holistik Nasution, Khoiruddin
Musawa Jurnal Studi Gender dan Islam Vol. 8 No. 2 (2009)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2009.82.185-200

Abstract

The negative effect of child marriage is one of the historical background of the promulgation of marriage law of Indonesia no. 1 of 1974 and its government regulation. Howwever, the ultimate goal of the promulgation of the law seems never able to achieve. The main reason of the failure is always argument that the Indonesian marriage law is not accordance with Islamic marriage law. The article tries to prove that child marriage is only possible for the prophet Muhammd Saw not for his followers. This possibility only for the prophet therefore is a kind of exceptional regulation. The conclusion is based basically on al-Qur an and sunna of the prophet from a number of perspective and combination of thematic and holistic analysis and approach.