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All Journal FOKUS: Jurnal Kajian Keislaman dan Kemasyarakatan JURIS (Jurnal Ilmiah Syariah) Al-Istinbath: Jurnal Hukum Islam
Yusefri Yusefri
Institut Agama Islam Negeri Curup
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Understanding of the Jamaah Tabligh on Wife Gender Justice: A Maqāṣid Sharīʿa Review Dri Santoso; Yusefri Yusefri; Laras Shesa; Musda Asmara; Sheikh Adnan Ahmed Usmani; Ahmad Syarifudin
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v21i2.6935

Abstract

This research explained the concept of gender justice based on maqāṣid sharīʿa. The concept of gender justice will be used to criticize the teaching of Jamaah Tabligh, which often marginalizes womenfolk in their families. This study is field research that uses the normative approach. The data-collecting techniques of this research are interviews and documentation. The analysis technique of this research is descriptive. The findings of this research were the concept of gender justice of maqāṣid sharīʿa based on that which has the fundamental basis; namely, benefit, and it also cannot be generalized between women another. In Jamaah Tabligh's teaching context, several things should be criticized; negative stigma toward the wife, the wife's livelihood, the children who have been left for months, even years, and the obligation to support the preaching that the husband does. The Jamaah Tabligh's doctrine toward wife is the determining factor for good or bad of human life. This doctrine is not suited to maqāṣid sharīʿa hifdz al-irdl's concept (maintaining honour's concept). Legally the husband is obliged to protect his wife's honor (hifdz al-irdl Jawzah), either physically or psychologically.
Kesaksian Non Muslim dalam Putusan Hakim Pengadilan Agama Curup Nomor 571/Pdt. G/2016 Ahmad Nashoha; Yusefri Yusefri; Sri Wihidayati
AL-ISTINBATH : Jurnal Hukum Islam Vol 5, No 2 November (2020)
Publisher : Al-Istinbath: Jurnal Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1112.361 KB) | DOI: 10.29240/jhi.v5i2.1837

Abstract

The focus of the study of this article is on the Decision of the Curup Religious Court Judge number 571 / Pdt. G / 2016, which received testimony from non-Muslims. The classical fiqh scholars have formulated that Islam is one of the conditions that must be met in order to receive witnesses or testimony in a trial. As for the non-Muslim witnesses, the fiqh scholars have different opinions. Imam al-Syafi'i flatly rejected it. Other fiqh scholars, from the Hanafiah, Maliki and Hanabilah circles, accept non-Muslim testimonies in certain cases and circumstances. This article examines two issues, first, what the judges consider accepting non-Muslims as witnesses, and second; how is the view from the Maqâshid al-Syarî`ah side. These two problems were analyzed descriptively qualitatively, using the content analysis method and the Maqâshid al-Syarî`ah analysis approach. This article concludes: First, the judge's consideration of receiving non-Muslim testimony in the Curup Religious Court Judge's Decision number 571 / Pdt. G / 2016 is due to the absence of Muslim witnesses. Second, in the perspective of Maqâshid al-Syariah, the acceptance of testimony from non-Muslims in the absence of Muslim witnesses becomes a conditional need so that the case process can be resolved properly and fairly, lâ dharâra wala dhirâr, leading to the maintenance of the benefits of marriage. When Muslim witnesses are not found (absent), the testimony of non-Muslims can be categorized as the benefit of the hajiyat level. namely the level of benefit needed to provide convenience and eliminate difficulties in implementing legal provisions.
Implementation of Semendo Traditional Marriage to the Semendo Communities in Rejang Lebong: Socio Normatif Study Agusten Agusten; Yusefri Yusefri; Rifanto Bin Ridwan; Hasep Saputra
FOKUS Jurnal Kajian Keislaman dan Kemasyarakatan Vol 8, No 1 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jf.v8i1.6635

Abstract

The research in this thesis uses a qualitative descriptive method regarding the implementation of the semendo marriage system for the semendo community in curup Rejang Lebong studied through socio-normative theory. Sociologically, the agreement on determining the amount of dowry and delivery as well as the implementation of the fulfillment of the rights and obligations of husband and wife in the Semendo traditional marriage for the Semendo community in Rejang Lebong no longer follows the  customs ('urf) of their region of origin, because it is influenced by science/education,religious understanding, and association. Where as normatively the agreement on determining the amount of dowry and delivery as well as the implementation of the fulfillment of the rights and obligations of husband and wife in the semendo traditional marriage for the Semendo community in Rejang Lebong does not violate the rules of islamic family law because its application is in  accordance with the theory of legal istinbath al-'urf sholihah and maslahah mursalah adj-dhoruriah
Co-Authors Agusten Agusten Ahmad Nashoha Ahmad Syarifudin Dri Santoso Hasep Saputra Laras Shesa Musda Asmara Rifanto bin Ridwan Sheikh Adnan Ahmed Usmani Sri Wihidayati