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All Journal QIJIS (Qudus International Journal Of Islamic Studies) Al-Ahkam Mazahib: Jurnal Pemikiran Hukum Islam International Journal of Law Dynamics Review
Fahruddin Ali Sabri
Jurusan Syari’ah dan Ekonomi STAIN Pamekasan, Jln. Pahlawan KM. 04 Pamekasan
Religion Education Law, Crime, Criminology & Criminal Justice

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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.
Local Government Violence and Vigilante among Muslim Female Sex Workers Sabri, Fahruddin Ali; Ariwidodo, Eko; Wahyudi, Arif; Sari, Mila Diana
QIJIS Vol 11, No 2 (2023)
Publisher : IAIN Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/qijis.v11i2.13725

Abstract

This article examines the cultural ethos of Muslim Madurese, Indonesian women who work as sex workers in interacting with state actors who abuse their power and with vigilante practices from non-state actors. Empirical data in this study were collected through interactive dialogue to place the key informants (sex workers) in an equal position with the researcher. The efforts built by Muslim female sex workers can be interpreted as a form of courage in fighting against violence and human rights violations. The strategies used are: a) migrants only want to provide sex services where they feel safe from violence. Some of these location choices navigate sex workers and clients to eliminate or minimize the dire risks of their activities for the sake of a comfort zone for safety. Sex workers deposit dues at a particular place to give them to the officer’s element. They feel safe from raid operations and perceive that their rights are a form of settlement from threats of arrest. They hope that Nahdlatul Ulama (NU) and Muhammadiyah can provide moral, economic, and educational support to get rid of this prostitution, and hope that there will be help from NU that can protect them from violence as Banser protects churches. They have specific signal codes during a raid, such as always holding a cell phone to get information from clients and trying to memorize the faces of the officers who usually carry out the operation. This finding ultimately emphasizes the importance of protecting Muslim women sex workers through state authorities, legal officers, and civil society groups to support policy, legal, and practice reforms in Madura, Indonesia, so that they can avoid violence.
Islamic Law and Ethics: The Role and Obligations of Marriage for Individuals with Intellectual Disabilities Sabri, Fahruddin Ali
International Journal of Law Dynamics Review Vol. 2 No. 1 (2024): May
Publisher : Nursyam Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62039/ijldr.v2i1.34

Abstract

This article examines Islamic law and ethics used to analyze the position and ethics of persons with intellectual disabilities in marriage. They have the same right to marry without discrimination or stigma. Literary and descriptive methods were used in this study, as well as document comparison. The study found that Islamic scholars of various schools expressed their opinions about the marriages of people with intellectual disabilities and their legal responsibilities. Although the majority of madhhabs recognize that their marriages are valid, there are questions about their responsibilities after the marriage. This issue is addressed in several edicts of scholars; Some of them allow marriage if there is sexual attraction. However, the question of how they can take responsibility and consent in the context of sexuality is still the subject of discussion.  To determine whether people with intellectual disabilities can fulfill their marital obligations, the concept of responsibility, both etymological and terminological, is discussed. Studies show that a person's ability to take responsibility is affected by their level of disability. This perspective discusses the impact of Islamic law and the daily lives of people with intellectual disabilities, such as the possibility of guardianship or representation in decisions about marriage and sexuality. According to this study, the personal responsibilities and rights of people with intellectual disabilities should be carefully considered.
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.
Co-Authors Arif Wahyudi Eka Safitri Eko Ariwidodo Hadi, Mukhammad Nur Masum, Ahmad Mila Diana Sari, Mila Diana Muhammad Ghufron musafa'ah, suqiyah Nurul Asiya Nadhifah, Nurul Asiya Rohmah, Linda Farihatur Syatta, Indy Mafiiqo