Garuda - Garba Rujukan Digital

p-Index From 2019 - 2024

0.778

P-Index

This Author published in this journals

All Journal Marwah: Jurnal Perempuan, Agama dan Jender FITRAH:Jurnal Kajian Ilmu-ilmu Keislaman Al Hurriyah : Jurnal Hukum Islam Al-Manahij : Jurnal Kajian Hukum Islam Al-Istinbath: Jurnal Hukum Islam Analisis Gender dan Agama

Shafra Shafra

Institut Agama Islam Negeri Bukittinggi

Author-ID : 378343

Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 8 Documents Claim Missing Document

Claim Missing Document

Articles

TOLERANSI HUKUM ISLAM DALAM PIDANA Shafra, Shafra
Alhurriyah Vol 10, No 2 (2009): Juli - Desember 2009
Publisher : IAIN Bukittinggi

This article attempts to reflect towards the Islamic criminal law (jinayat) as a humanism law and as humanitarianism in this life. Regarding to the death sentence and hand cut sentence for instance, many orientalists have misinterpreted that the Islamic criminal law has been regarded as a cruel law without any tolerant. According to them, there is no any tolerant in the Islamic criminal law at all. Whereas, this kind of view is absolutely wrong. In the case of the Islamic criminal law, there still has any tolerance. But not all kind of tolerance in the Islamic criminal law could be applied in every case. The tolerance could be applied in the killing case only, this is caused that the killing case involves his individual rights and not regarded as God’s rights. Specifically, there is a tolerance space related with this problem. So that, the cast could get any tolerance for his punishment, it does not mean that he would not get any punishment at all. Finally, this article aims to minimize the wrong view without any revision towards the general or universal subsection law.

PERSETUJUAN PEREMPUAN DALAM PERKAWINAN PERSFEKTIF FIKIH DAN UU NO.1 TAHUN 1974 Shafra, Shafra
Alhurriyah Vol 16, No 2 (2015): Juli - Desember 2015
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

This study aims to analyze the approval of woment in marriage. In the context of Fiqih, the parents in this case, the father has the right to match daughter even she likes it or not. It is mean father has the right to marry their daughter even though the girl is not approval. This right is callad the right of ijbar. in the context of Indonesia under law NO.1 of 1974 concerning marriage ijbar does not know their rights. Father should not marry his daughter except upon approval. This line added to this article in 6 paragraph 1 of th decree No.1 of 1974. From a conduced of this study found that the fatherâ€™s right to marry his daughter without her consent in the concept of Fikih must meet the following requirements : a harmonious relationship that exists between father and daughter, the couple were chosen for parents commensurate with this daughter, healthy phisycal and economic well established. While the provisions of article 6 paragrafh 1 og the decree No.1 of 1974 about marriage requires the consent of both parties, male and female. The purpose is to fade the gap between then after getting married. In addition. Women todaywas tied by many social factors, so they more courageous and fair to extend their approval for marriage ability or marry.

“TAKE ME OUT INDONESIA” : REALITA PENCARIAN JODOH PEREMPUAN MELALUI MEDIA Shafra Shafra
Marwah: Jurnal Perempuan, Agama dan Jender Vol 10, No 2 (2011): Marwah
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/marwah.v10i2.493

Reality show, Take Me Out Indonesia is a TV program in Indonesia that gives a new nuance to women so as not to depend on parents or others in determining a soulmate. The phenomenon of mate searching through the media illustrates that if women are just waiting for a soul mate to come is no longer fit with the times. Women have the right to itself to find, select, and apecify partner. Thus, there has been a shift in the understanding and attitudes about the meaning of partner search. Women are no longer ashamed to declare the man who wants to become a couple. He has had an open attitude, thingking and choices about men, dating and marriage she wants. Indeed, in the community there is controversy about the show mate search, as mentioned, because some people consider it incompatible with the norms and ethics policies, especially the norms of religion (Islam) that is still strongly held by most of the people of Indonesia. Islam indeed recognizes individual rights of women to find his life partner, butthere are certain ethics that must be considere.

NIKAH KONTRAK MENURUT HUKUM ISLAM DAN REALITAS DI INDONESIA Shafra Shafra
Marwah: Jurnal Perempuan, Agama dan Jender Vol 9, No 1 (2010): Marwah
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/marwah.v9i1.469

The aim of this article is to give the understanding of nikah mut’ah. It had been allowed in Islam in form of rukhsah. It is not halal or may absolutely. Then, it was prohibited forever and ever. Sunni prohibited it whereas Syi'ah allowed it. Rasullah’s friends did nikah mut’ah because they were far from house in order to battling and military operation. A period of that was also still represented transitory time of habit of Jahiliyah. For a while, in Indonesia most of nikah mut’ahs did because of sex, and finances. Marriage contract may not comprehend simply then it is legal on behalf of religion, because it is assumes more respectable compared to adultery.

People's Understanding of the Off-Court Talak (Case Study in Nagari Koto Tuo, IV Nagari District, the Sijunjung Regency) Merlin Putri; Shafra Shafra
FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman Vol 7, No 1 (2021): 11 Articles, Pages 1-180
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/fitrah.v7i1.3374

This study describes the understanding of the people of Nagari Koto Tuo, IV Nagari District, The Sijunjung Regency about divorce (talak) outside the Religious Court. Ideally, with the enactment of Law No. I of 1974 on marriage, talak should be decided in the Religious Court. However, this ideal procedure does not apply effectively in Nagari Kuto Tuo. Although the local settlement is not distant to the local Religious Court and the access for transportation is easy, many husbands recklessly decide to divorce their wives at home during the dispute between them without registering their lawsuits to the court. The purpose of this study is to lower the off-court divorce rate and raise legal awareness of the public about the importance of following the prevailing regulation regarding divorce in Indonesia. This is important because divorces decided without statutory procedures have adverse impacts, especially for women and children. This study uses a qualitative approach, with the divorced wives being the subject of the study. The data collection techniques include observation, interviews and documentation. Data validity techniques follow the triangulation method, whereas data analysis is performed through the following steps: data collection, data reduction, data presentation and conclusion drawing. This study found that the understanding of the people in Nagari Koto Tou about divorce is shaped by classical Islamic jurisprudence (fiqh) that posits husband to have the absolute right to divorce. With this absolute right, husbands can decide to divorce their wives whenever and wherever they want without being bothered to consider registering it formally to the local Religious Court. The divorced wives are left in despair without any power to defend her right. This provision on divorce is considered indisputable let alone contested. As a consequence, this off-court divorce generally leaves women traumatized, making many of them unwilling to get another marriage. This trauma partly contributes to the number of off-court marriages, for they do not see its importance. Legal certainty obtained from the court's verdict of divorce as recorded by the divorce certificate is deemed unnecessary, for they would not remarry in the future

Implementasi Islam Progresif pada Permendikbud Ristek No. 30 Tahun 2021 dalam Kajian Filsafat Hukum Islam Busyro Busyro; Hanif Aidhil Alwana; Arsal Arsal; Shafra Shafra; Gusril Basir
Al-Manahij: Jurnal Kajian Hukum Islam Vol 16 No 1 (2022)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Regulation issued by the Ministry of Research, Technology and Higher Education Number 30 of 2021 about prevention and handling of sexual violence in campus has raised pros and cons among Indonesian Muslims because several articles allegedly provide sexual freedom on campus with an editorial “except with the victim consent”. The editorial seems to strongly prioritize one of the principles of Progressive Islam activists; on the other hand, there are philosophical values of the Islamic law that are not realized, especially in protecting dignity and heredity (hifz al-nasb). This study aims to reveal the implementation of progressive Islam in the regulation, and then the realization of progressive Islam will also be seen from the philosophical point of view of Islamic law. This research is qualitative by using data from library research. The results of the study indicate that the Ministerial Regulation has implemented one of the progressive Islamic concepts by prioritizing international human rights as the rationale, and the implementation of progressive Islam that relies on international human rights is not in line with the philosophy of Islamic law which highly upholds the protection of dignity and heredity (hifz al-nasb) from the side of maslahah al-hajiya. Therefore, the editorial must be changed, in order to achieve the benefit of the world and the hereafter for Indonesian Muslims.

Urf Review of The Practice of Gold Marriage Mahar in The Community of Tanjung Senang District Bandar Lampung Efrinaldi Efrinaldi; Jayusman Jayusman Jayusman; Shafra Shafra; Nurfatati Nurfatati
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

This study aims to reveal and analyze the practice of marriage dowry in the form of gold in the people of Tanjung Senang District, Bandar Lampung in the perspective of 'urf. The method used in this research is a descriptive analytical field research. Primary data in the form of interviews with the community in Tanjung Senang District, Bandar Lampung, then supplemented with secondary data. The results of this study indicate that: the tradition of the people of Tanjung Senang District, Bandar Lampung, it appears that the dowry in a marriage must be in the form of gold, whereas in Islamic law the form of the dowry is not determined in marriage, everything that has value can be used as a dowry. For the people here, dowry other than gold is considered unusual, the tradition of dowry in the form of gold is inherent, this tradition is considered good, it does not conflict with Islamic law, and brings benefit to society in general. This tradition is a form of love and affection, sincerity, and responsibility for the prospective husband to his prospective wife. The nominal is related to the level of education, social status, ethnicity, and profession based on the agreement of the parties. The conclusions of this study are: in the perspective of Islamic law, by referring to the rules of urf, that is to see the traditions/customs that have been attached to the community, and to see the philosophy of the practice of giving dowry as a form of appreciation for the social status of a woman, with the practice of giving this dowry is to achieve a benefit between the two prospective brides and even between large families, then it is not against Islamic law.

THE TABOO OF PRECEDING SISTER IN MARRY: A MINANGKABAU SOCIO CULTURE ANALYSIS Shafra Shafra; Yulia Rahmi
AGENDA: Jurnal Analisis Gender dan Agama Vol 3, No 2 (2021): AGENDA: Jurnal Analisis Gender dan Agama
Publisher : State Institute of Islamic Studies Batusangkar

Ideally in the family, the order of marriage starts from the eldest child. Then followed by the second child, the third child and so on. But the reality is different. There are many cases that the youngest child preceded the older brother or sister in marry. In many areas, stepping over older siblings in marriage is commonplace. It doesn't matter whether the one who gets married is a man or woman. However, in Tabu Baraie Nagari Paninjauan Tanah Datar, stepping over an older siblings in marriage is taboo, in particular an older sister. It is forbidden for a sister or brother to step over her/his older sister in marriage. Generally, the older sister who is stepped on by her sister's marriage, her life is single. The aims of this study was to determine the origin of the taboo to step over the marriage of older sisters in a sociological study.Keywords: marriage, stepping over the marriage, older sister.

Co-Authors Arsal Arsal Busyro, Busyro Efrinaldi Efrinaldi Gusril Basir Hanif Aidhil Alwana Jayusman Merlin Putri Nurfatati Nurfatati Yulia Rahmi

Title

Found 8 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 8 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 8 Documents
Search