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HUKUM MEMINANG PINANGAN ORANG LAIN PERSPEKTIF IBNU ḤAZM DAN SAYYID SABIQ Abdul Basit Misbachul Fitri
Usratuna: Jurnal Hukum Keluarga Islam Vol 1 No 1 (2017): Jurnal Hukum Keluarga Islam
Publisher : STAI Darussalam Nganjuk

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Propagation is a form of effort as an introduction of a marriage. Culturally, it takes a short time for mariage after the proposal took place. However, it is not an agreement that has to be obeyed by both men and women. Men who ask for a marriage or a woman who is invited in the period leading up to the marriage can cancel the proposal even though there was an agreement to accept each other. This Library research using this descriptive normative- comparative approach explains about the law of proposing to others based on the perspective of Ibn Ḥazm and Sayyid Sabiq. Both opinions have the same idea, namely setting the law of illegitimacy to propose the proposal of others. Nevertheless, the two figures also have different opinion. Ibn Ḥazm said that being able to propose to someone else with the condition that the second proposing-person must be far better off in terms of akhlaq (attitude) and religion compared to the first proposing-person. On the contrary, according to Sayyid Sabiq even though the second proposing-person is better in akhlaq and his religion, the law remains the same which is forbidden to propose the proposal of others because it can cause hostility between the two

EKSISTENSI MAHAR PERNIKAHAN DALAM ISLAM Abdul Basit Misbachul Fitri
Usratuna: Jurnal Hukum Keluarga Islam Vol 2 No 1 (2018): Jurnal Hukum Keluarga Islam
Publisher : STAI Darussalam Nganjuk

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Sayyid Sabiq mengatakan bahwa salah satu usaha Islam ialah memperhatikan dan mengusahakan hak perempuan di mana pada zaman jahiliyah hak-hak perempuan dihilangkan dan disia-siakan sehingga perempuan tidak berhak memegang harta bendanya sendiri. Oleh karenanya Islam sangat memperhatikan dan menghargai kedudukan wanita dengan memberi hak-hak kepadanya, salah satunya berupa hak menerima maskawin pada saat dinikah. Namun demikian ulama berbeda pendapat perihal eksistensi mahar dalam pernikahan. Apakah masuk dalam kategori syarat, rukun atau yang lain. Sebagian ulama menjadikannya syarat pernikahan, sebagian yang lain menjadikannya rukun dan sebagian yang lain berpendapat tidak keduanya. Demikian pula dengan kisaran nominal mahar. Ulama tidak mematok besar-kecilnya. Menurut kalangan Madzhab Syafi’i, segala sesuatu yang mempunyai nilai untuk digunakan membeli sesuatu diperbolehkan dijadikan sebagai maskawin. Bahkan segala sesuatu yang mengandung nilai, baik berupa benda maupun manfaat atau jasa bisa dipakai sebagai maskawin.

HAK DAN KEWAJIBAN SUAMI ISTERI DALAM ISLAM DAN HUKUM PERKAWINAN DI INDONESIA Abdul Basit Misbachul Fitri
Usratuna: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2019): Jurnal Hukum Keluarga Islam
Publisher : STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29062/usratuna.v3i1.154

Islamic law and marriage law are at the level of rules and laws that must be obeyed by followers of religion and contain benefits for the society. Getting married is a religious command that is worth worship which brings reward, when the religious command is carried out it will produce happiness and benefit for the doers of worship. The existence of the rights and obligations of husband and wife in Islam and marital law in Indonesia is nothing but to foster awareness of husband and wife in realizing a happy family peace,love and mercy, of course when these rights and obligations are not implemented, it will cause family problems that burden both of them (husband and wife) and hinder his success in reaching family expectations. Islam also provides rules and teachings on procedures for harmonious families. Also, the State is bound by responsibility in the form of marriage law which must be applied to Indonesian Moslems.

POLIGAMI DALAM PERSPEKTIF SYADZ AD-DZARI’AH Abdul Basit Misbachul Fitri
Usratuna: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2020): Jurnal Hukum Keluarga Islam
Publisher : STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29062/usratuna.v4i01.259

In this study we try to describe polygamy in the perspective of Syadz adz-Dzari'ah, namely prevention, because it is feared that there will be conflicts within the family, between wives and husbands, between other wives, and between children. This research is a comparative literature study, the study material comes from literature sources. The technique of collecting data is by means of observation data collection (organizing data). Second, through library research. namely seeing, observing, seeking. The approach uses qualitative. The data were then collected and analysis techniques were carried out. The results of the data analysis were written in descriptive form. Data analysis used the content analysis stage, comparative analysis (content analysis and differentiating analysis). analyzing polygamy in the perspective of Syad ad-Dzari'ah. Polygamy when it causes ongoing conflicts and is unable to provide legal solutions, it is better to avoid it because when conflicts and disputes occur, the household will not be realized as sakinah mawaddah wa rahmah and barakah families. Even though marriage aims to find happiness, tranquility, blessings and all one's actions after marriage have the value of worship.

TINJAUAN KEHUJJAHAN ‘URF TERHADAP MAHAR PERNIKAHAN PERSPEKTIF MADZAHIB AL-ARBA’AH Abdul Basit Misbachul Fitri
Usratuna: Jurnal Hukum Keluarga Islam Vol 5 No 1 (2021): Jurnal Hukum Keluarga Islam
Publisher : STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29062/usratuna.v5i1.469

'Urf is a habitual tradition that occurs in a society that can be used as a legal basis in Islam. Each region, tribe has different customs. Usul Fiqh scholars divide 'urf into three parts: 1). in terms of reach Al-'Urf al-Amm and Al-'Urf al-Khashsh. 2). in terms of validity, Al-'urf ash-Sahih ('Urf the Valid) and Al-'Urf al-Fasidah ('Urf damaged/wrong). 3). In terms of objects, 'Urf lafdzi/qauli and 'Urf amali. The validity of 'Urf from the perspective of Madzahib al-Arba'ah, according to the Hanafiyah and Malikiyah scholars, makes the 'Urf (tradition) living among the Medina experts the basis for establishing law and prioritizing it over the hadith on Sunday, compared to the scholars of 'Syafi'iyyah and Hanabilah. Dowry is a voluntary gift that is a symbol of his sincerity, honesty, and commitment in marrying a woman. In general, the dowry is in the form of property, goods, and services that do not conflict with Islamic law, the dowry can also be in the form of a man's work that benefits the woman. More importantly, the dowry in the form of goods, which can last a long time and cause peace for the woman is obligated to be given by the groom to the woman at the time of ijab qabul.

Pendampingan Pra Nikah Sebagai Solusi Mencari Pasangan Ideal Bagi Santri Senior Pondok Pesantren Miftahul Mubtadiin Putra Ar-Ridlo Krempyang Tanjunganom Nganjuk Abdul Basit Misbachul Fitri; Khusnul Kholik
Janaka, Jurnal Pengabdian Masyarakat Vol 3 No 1 (2020): November 2020
Publisher : LP3M STAI Darussalam Krempyang Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29062/janaka.v3i1.253

Pre-marital training as a solution to finding the ideal partner in the covid-19 pandemic season for administrators and students is a breakthrough made by the community service team of STAI Darussalam Nganjuk to increase the potential of students in understanding the importance of a marriage contract legally according to religion and the government. This activity has never been held in a boarding school before, in collaboration with the education section of the boarding school for the Miftahul Mubtadiin Putra Ar-Ridlo boarding school, the program was held on Wednesday, October 14 2020 at around 21.00 WIS. located in the al-Manshur building, the community service team and others distributed the pretest to participants to be filled in and then collected to the committee before the activity started, the participants also filled in attendance to find out the number of participants. After completing the pre-test training, the resource person explained about legal marriage according to religion and State. Because a marriage that is carried out outside the supervision of a Marriage Registration Officer has no legal force. By using a single power point, the resource person appointed the participants to practice the marriage contract process.

Penerapan Protokol Kesehatan 5 M (Mencuci Tangan, Memakai Masker, Menjaga Jarak, Menjauhi Kerumunan, Mengurangi Mobilitas) di TPQ Al-Masy Dingin Ngronggot Abdul Basit Misbachul Fitri; Muhammad Shinwanuddin; Afiful Huda
Janaka, Jurnal Pengabdian Masyarakat Vol 4 No 2 (2022): May 2022
Publisher : LP3M STAI Darussalam Krempyang Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29062/janaka.v4i1.555

The current COVID-19 pandemic in Indonesia has not shown a significant decline, because there are still many big cities implementing health protocols, but in several other areas experiencing a rapid decline. Educational institutions are the spearhead of the government in educating the nation, in any situation educational institutions must exist in carrying out their duties by obtaining security and health guarantees. For this reason, the existence of KPM is carried out at the Al-Qur'an Education Park as the program for implementing the 5M prokes (washing hands, wearing masks, keeping distance, staying away from crowds, reducing mobility) at the Al-Qur'an Education Park al-Masy Cold Ngronggot with aims to provide education (education) to the public on the importance of implementing health protocols in accordance with Presidential Instruction No. 06 of 2020 in order to maintain joint health in carrying out institutional activities. The KPM team together with stake holders, namely the al-Masy educational foundation, asatidz, TPQ female students get convenience in realizing the program, so this program recommends to female students, asatidz and guardians of students to continue to apply health protocols.

SEIMBANG DAN SYARAT-SYARAT PEMINANGAN PERSPEKTIF FUQOHA’ Abdul Basit Misbachul Fitri
Usratuna: Jurnal Hukum Keluarga Islam Vol 6 No 1 (2022): Jurnal Hukum Keluarga Islam
Publisher : STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29062/usratuna.v6i1.720

Before carrying out an arranged marriage, it is continued according to syar'i, so as parents and interested parties it is highly recommended to find a balanced/equivalent family mate, in Islam it is called Kafa'ah or kufu'. The Ulama' agree that, kafa'ah in religious matters is a must to implement. However, kafa'ah from non-religious aspects such as heredity, wealth, occupation and others, is only a material consideration which does not result in a marriage having to be terminated. Research uses library research as a method in extracting data. namely a research by focusing on the source of the data obtained from the literature. Books and writings that are in accordance with the subject matter being researched, regarding the balance and requirements for proposing a Fuqoha' perspective. Proposals in the science of fiqh are called khitbah, meaning requests. Meanwhile, according to the term, it means a statement or request from a man to a woman to become his wife in the ways that apply in society. In proposing there are two conditions, there are mustahsinah conditions and customary conditions according to Fuqoha' which must be known and complied with by the groom and his family so that the proposal is perfect and does not experience legal defects.

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