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The Shifting View on the Prohibition of Exogamous Marriage among the Suku Anak Dalam Community Rahmi Hidayati; Ramlah Ramlah
al-'adalah Vol 17, No 2 (2020): al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

There have been many previous studies discussing on the theme of prohibition of endogamy and exogamous marriages, but this study will be more focused on the examining exogamous marriages in traditional societies among the Suku Anak Dalam community in Jambi Province. This study uses a combination of descriptive-empirical methods and literature studies. They are used to describe the results of several interviews with the informants and also supported by the literature studies related to the research objective. This study presents the results of empirical research on the determinant factors that influences the shifting of the perspective change on exogamous marriage among the Suku Anak Dalam community, which is analyzed through sociological and anthropological approaches. The result of this study shows that there have been social changes among the Suku Anak Dalam community in the field of family law, especially in matters of marriage law. The change of time, education, economy, religion, and the development of modern society have implicaton to the change of the paradigm of thinking among some of the Suku Anak Dalam community regarding on the prohibition of exogamous marriages.

TANGGUNGJAWAB ORANG TUA TERHADAP HAK HADHANAH DAN NAFKAH ANAK PASCA PERCERAIAN: Perspektif Hukum Islam dan Putusan Pengadilan Agama Ramlah Ramlah
Harakat an-Nisa: Jurnal Studi Gender dan Anak Vol. 6 No. 1 (2021)
Publisher : Center for Gender and Children Studies, Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) UIN Sultan Thaha Saifuddin Jambi

The study aims to describe islamic law's review of parents' obligations to provide custody and livelihood of children post-divorce. This research uses literature study methods. The results showed that if there is a child divorce that has not been mumayyiz then custody of the child is handed over to the female side, and if it is mumayyiz then the custody of the child can follow the female side or follow the male side. While the child's livelihood remains the responsibility of the male side. All divorce rulings in the Jambi Religious Court, deciding the child's livelihood is charged to the male side. There is a similarity of concepts between the concept of Fiqh and the basis of the judge's consideration in deciding the case of the child's income and the right of the child, because the judge in deciding the case refers to the book of Fiqh and the law of family law.

THE IMPLEMENTATION OF NIKAH SIRI WITH THE PURPOSE OF MAINTAINING FAMILY SALARY BENEFITS: THE PERSPECTIVE OF ISLAMIC LAW Ramlah Ramlah Ramlah
INNOVATIO: Journal for Religious Innovations Studies Vol 22 No 2 (2022)
Publisher : Postgraduate Studies UIN Sulthan Thaha Saifuddin Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/innovatio.v22i2.155

This paper aims to determine the implementation of “Nikah Siri” (Unofficially, unregister marriages) with the aim of maintaining family salaries. “Nikah Siri” namely marriages carried out under the hands, not officially registered in front of the Office of Religious Affairs (it is called KUA in Indonesia), or they are not published because they are secret, but they are carried out in accordance with Islamic law. There are two opinions of Nikah Siri in terms of the perspective of Islamic law, namely ‘allowed’ or ‘prohibited’. It is permissible if the marriage under the hand (siri) is carried out in accordance with the terms and pillars of Islamic marriage. It is prohibited when it is invalid because it does not describe legal certainty for future generations and violates the rules contained in Law no. 1 of 1974. This law is the consensus of the Ulama' that Muslims must obey to ensure legal certainty and the benefit of the ummah. The implementation of Nikah Siri with the purpose of maintaining family salaries, including fraud against the state, which should be a husband who receives a pension from his deceased wife if he remarries another woman, the pension salary is stopped according to Indonesian laws and regulations. Abstrak: Tulisan ini bertujuan untuk mengetahui pelaksanaan nikah siri dengan tujuan mempertahankan gaji keluarga. Nikah Siri yakni nikah yang dilaksanakan dan tidak didaftarkan secara resmi di depan Petugas Pencatat Nikah (KUA), tidak dipublikasikan kerena sifatnya secara diam-diam, tapi dilaksanakan sesuai dengan hukum Islam. Nikah Siri ditinjau dari perspektif Hukum Islam, terdapat dua pendapat yakni boleh atau dilarang. Pendapat yang menyatakan boleh, bila nikah siri dilaksanakan sesuai dengan syarat dan rukun perkawinan Islam. Pendapat yang melarang nikah siri tidak sah karena tidak menggambarkan kepastian hukum bagi generasi penerusnya dan menyalahi aturan yang terkandung dalam UU No. 1 Tahun 1974, dimana undang-undang ini merupakan ijma’ para Ulama’ yang wajib ditaati umat Islam untuk menjamin kepastian hukum dan kemashlahatan ummat. Nikah siri yang pelaksanaannya dibarengi dengan motivasi untuk mempetahan gaji keluarga, termasuk kepada penipuan terhadap negara, yang seharusnya suami yang mendapat pensiunan dari almarhumah isterinya bila menikah lagi dengan perempuan lain, maka gaji pensiun tersebut terhenti menurut peraturan perundang-undangan Indonesia. Keyword: nikah siri, tunjangan keluarga, dan hukum Islam

Hadis Dalam Perspektif Sejarah Sosial dan Hukum Islam Heryani; M. Hasbi Umar; Ramlah
Jurnal Indragiri Penelitian Multidisiplin Vol. 3 No. 1 (2023): Edisi Januari: Penelitian Multidisiplin
Publisher : Indra Institute Research & Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58707/jipm.v3i1.405

This research examines Hadith as the second source of Islamic legal teachings from the Qur'an. The study of Hadith as a source of Islamic law has attracted the attention of enthusiasts of Hadith studies, not only from Muslims, but also from non-Muslims, even to this day the study of Hadith issues, whether in the form of criticism of its authenticity or methods of understanding, continues to develop both textually. as well as contextually. This research uses a qualitative descriptive method and is a type of library research.This study found that there were differences among scholars in defining hadith. In history, only a small group of Muslims have rejected hadith as a source of Islamic teachings. They are known as inkarus-sunnah. However, what has become a problem among many Muslims is the criteria for a hadith to become evidence, the scholars have divided hadith based on its quality which is divided into three categories, namely authentic hadith, hasan hadith, and daif hadith. Finally, as forthe function of the Hadith to the Qur'an is as Bayan At-Taqrir (Clarifying the Contents of the Al-Quran), Bayan At-Tafsir (Interpreting the Contents of the Koran), Bayan At-Tasyri (Giving Certainty to Islamic Law That Is Not in the Al-Quran), and Bayan Nasakh (Replacing the Previous Provisions).

DINAMIKA HUKUM ISLAM ‎: (Studi Pemikiran Ahl Al-Hadis dan Ahl Al-Ra'yi)‎ Ahmad Farhan Subhi; M. Hasbi Umar; Ramlah
Jurnal Indragiri Penelitian Multidisiplin Vol. 3 No. 1 (2023): Edisi Januari: Penelitian Multidisiplin
Publisher : Indra Institute Research & Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58707/jipm.v3i1.411

Islamic law has two characteristics, namely al-tsabat (fixed) and al-tathawwur (developing). The first characteristic, namely Islamic Law as a revelation of Allah which remains and does not change throughout time, while the second characteristic, namely Islamic Law which develops, is not rigid in various social situations and conditions. It is in the integration of these two characteristics that Islamic Law can last forever. The first characteristic is called sharia. While the second trait is called fiqh, namely the understanding of sharia. The division of the ulema into two major sects, Ahl al-Hadith and Ahl al-Ra'yi raises various kinds of legal issues and the results of ijtihad. This research focuses on discussing the history of the development of Ahl al-Hadith and Ahl al-Ra'yi, the influence of these two schools of thought on Islamic Law, and the style of thought of the two Imams of Schools (Maliki and Hanafi). This study uses a qualitative descriptive method and is a type of library research. This research finds two forms of thought in Islamic law from Ahl al-Ra'yi and Ahl al-hadith which have succeeded in making many contributions to the creation of legal foundations in the well-known schools of Islamic law which were built by each imam. his school. Most of the differences of opinion among the Imams of the Madhhab in establishing law are based on differences in viewing the foundations that exist in Islamic law. This research finds two forms of Islamic law thought from Ahl al-Ra'yi and Ahl al-hadith which have succeeded in making many contributions to the creation of legal foundations in the well-known schools of Islamic law which were built by each imam. his school. Most of the differences of opinion among the Imams of the Madzhab in establishing law are based on differences in viewing the foundations that exist in Islamic law. This research finds two forms of Islamic law thought from Ahl al-Ra'yi and Ahl al-hadith which have succeeded in making many contributions to the creation of legal foundations in the well-known schools of Islamic law which were built by each imam. his school. Most of the differences of opinion among the Imams of the Madzhab in establishing law are based on differences in viewing the foundations that exist in Islamic law.

HUKUM ISLAM DAN DINAMIKA SOSIAL ‎ : ‎(Studi Analisis Metode Penemuan Hukum Islam Kontekstual)‎ Nairi Saadah; M. Hasbi Umar; Ramlah
Jurnal Indragiri Penelitian Multidisiplin Vol. 3 No. 1 (2023): Edisi Januari: Penelitian Multidisiplin
Publisher : Indra Institute Research & Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58707/jipm.v3i1.415

This research examines the renewal of contextual Islamic law discovery methods that function to answer the challenges of the times and social dynamics. As an initial step in the reconstruction of fiqh, this research seeks to explain a solution offered by fiqh methods, namely a unified approach to shari'ah and social inference. In simple terms, this method seeks to bridge and integrate textual (normative) and contextual (historical-empirical) approaches. The basic assumption is that this effort will be beneficial for alternative methods of discovering Islamic law in this multi-cultural and religious era. This research is a literature study (library research) using a juridical, historical, and philosophical approach to answer the problems above. This study concludes that there are three methods of ijtihad, namely bayani (linguistics), ta'lili (qiyasi: causation), and istislahi (teleological). These three are common methods used in discovering and forming fiqh civilizations from time to time. By bringing empirical reality into the analysis of legal findings, there will be little guarantee that Islamic law in Indonesia can appear more creative and alive in the midst of modern social regulatory processes. As for the effort to renew the method of discovering Islamic law with a contextual approach in the form of historical and textual inference analysis, this is an ideal intellectual achievement. there will be little guarantee that Islamic law in Indonesia can appear more creative and live in the midst of modern social regulatory processes. As for the effort to renew the method of discovering Islamic law with a contextual approach in the form of historical and textual inference analysis, this is an ideal intellectual achievement. there will be little guarantee that Islamic law in Indonesia can appear more creative and live in the midst of modern social regulatory processes. As for the effort to renew the method of discovering Islamic law with a contextual approach in the form of historical and textual inference analysis, this is an ideal intellectual achievement

Maslahah 'Ammah: (A Comparative Study of The Concept Maslahah 'Ammah According To Nahdlatul Ulama And Ulama Mazdhahib Al-Arba'ah) al-Muthahhiri; M. Hasbi Umar; Ramlah
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 5 No 1 (2023): IJIERM Edition January
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v5i1.200

The second similarity in terms of principles includes, a) paying attention to the realization of general welfare and benefit (maslahah 'âmmah) the welfare of national development in the life of the nation and state, b) rejecting damage and taking virtue (benevolence). As for the difference, it is stated that "maslahah 'âmmah may not sacrifice other public interests that are equal let alone bigger ones". In the view of al-madzhâhib al-Arbâ'ah did not mention in detail as in the view of NU. However, globally the Hanafiyah school of thought uses this concept of equality (qiyâs), that something that is the same is considered the same, let alone something more than that: it must be considered. Then there can be legal consequences more than commensurate (qiyâs awlawiyah). As for some of the three scholars (Mâlikiyah, Syafi'iyah, Hanâbilah) use istihsân, maslahah mursalah, sadz ad-Dari'ah and maslahah mulâ'im in bringing up maslahah 'âmmah and it is very clear that they do not mention anything in the same way - the same that can be taken as an equation (qiyâs) in realizing maslahah 'âmmah. The implications of the difference in the concept of maslahah 'âmmah are; a) will increase the breadth of the concept or make it easier to limit and seek decisions in the public interest (maslahah 'âmmah), in accordance with the development of the times which are increasingly rotating in the midst of life. Because in essence all of this boils down to one goal, namely the realization of maslahah 'âmmah (universal goodness), b) ijtihad produced by Nahdlatul Ulama, in realizing maslahah 'ammah and rejecting danger, is elastic in accordance with the times and conditions. Because the two concepts of NU and madzhâhib al-Arbâ'ah can complement or strengthen each other, c) the decisions made by NU are stronger. Because NU in formulating maslahah 'âmmah only adds or complements it. For example, the decision must be based on the provisions of syura (the voice of the government and the people).

Hadis Dalam Perspektif Sejarah Sosial dan Hukum Islam Heryani; M. Hasbi Umar; Ramlah
Jurnal Indragiri Penelitian Multidisiplin Vol. 3 No. 1 (2023): Jurnal Indragiri Penelitian Multidisiplin
Publisher : Indra Institute Research & Publication

This research examines Hadith as the second source of Islamic legal teachings from the Qur'an. The study of Hadith as a source of Islamic law has attracted the attention of enthusiasts of Hadith studies, not only from Muslims, but also from non-Muslims, even to this day the study of Hadith issues, whether in the form of criticism of its authenticity or methods of understanding, continues to develop both textually. as well as contextually. This research uses a qualitative descriptive method and is a type of library research.This study found that there were differences among scholars in defining hadith. In history, only a small group of Muslims have rejected hadith as a source of Islamic teachings. They are known as inkarus-sunnah. However, what has become a problem among many Muslims is the criteria for a hadith to become evidence, the scholars have divided hadith based on its quality which is divided into three categories, namely authentic hadith, hasan hadith, and daif hadith. Finally, as forthe function of the Hadith to the Qur'an is as Bayan At-Taqrir (Clarifying the Contents of the Al-Quran), Bayan At-Tafsir (Interpreting the Contents of the Koran), Bayan At-Tasyri (Giving Certainty to Islamic Law That Is Not in the Al-Quran), and Bayan Nasakh (Replacing the Previous Provisions).

DINAMIKA HUKUM ISLAM ‎: (Studi Pemikiran Ahl Al-Hadis dan Ahl Al-Ra'yi)‎ Ahmad Farhan Subhi; M. Hasbi Umar; Ramlah
Jurnal Indragiri Penelitian Multidisiplin Vol. 3 No. 1 (2023): Jurnal Indragiri Penelitian Multidisiplin
Publisher : Indra Institute Research & Publication

Islamic law has two characteristics, namely al-tsabat (fixed) and al-tathawwur (developing). The first characteristic, namely Islamic Law as a revelation of Allah which remains and does not change throughout time, while the second characteristic, namely Islamic Law which develops, is not rigid in various social situations and conditions. It is in the integration of these two characteristics that Islamic Law can last forever. The first characteristic is called sharia. While the second trait is called fiqh, namely the understanding of sharia. The division of the ulema into two major sects, Ahl al-Hadith and Ahl al-Ra'yi raises various kinds of legal issues and the results of ijtihad. This research focuses on discussing the history of the development of Ahl al-Hadith and Ahl al-Ra'yi, the influence of these two schools of thought on Islamic Law, and the style of thought of the two Imams of Schools (Maliki and Hanafi). This study uses a qualitative descriptive method and is a type of library research. This research finds two forms of thought in Islamic law from Ahl al-Ra'yi and Ahl al-hadith which have succeeded in making many contributions to the creation of legal foundations in the well-known schools of Islamic law which were built by each imam. his school. Most of the differences of opinion among the Imams of the Madhhab in establishing law are based on differences in viewing the foundations that exist in Islamic law. This research finds two forms of Islamic law thought from Ahl al-Ra'yi and Ahl al-hadith which have succeeded in making many contributions to the creation of legal foundations in the well-known schools of Islamic law which were built by each imam. his school. Most of the differences of opinion among the Imams of the Madzhab in establishing law are based on differences in viewing the foundations that exist in Islamic law. This research finds two forms of Islamic law thought from Ahl al-Ra'yi and Ahl al-hadith which have succeeded in making many contributions to the creation of legal foundations in the well-known schools of Islamic law which were built by each imam. his school. Most of the differences of opinion among the Imams of the Madzhab in establishing law are based on differences in viewing the foundations that exist in Islamic law.

HUKUM ISLAM DAN DINAMIKA SOSIAL ‎ : ‎(Studi Analisis Metode Penemuan Hukum Islam Kontekstual)‎ Nairi Saadah; M. Hasbi Umar; Ramlah
Jurnal Indragiri Penelitian Multidisiplin Vol. 3 No. 1 (2023): Jurnal Indragiri Penelitian Multidisiplin
Publisher : Indra Institute Research & Publication

This research examines the renewal of contextual Islamic law discovery methods that function to answer the challenges of the times and social dynamics. As an initial step in the reconstruction of fiqh, this research seeks to explain a solution offered by fiqh methods, namely a unified approach to shari'ah and social inference. In simple terms, this method seeks to bridge and integrate textual (normative) and contextual (historical-empirical) approaches. The basic assumption is that this effort will be beneficial for alternative methods of discovering Islamic law in this multi-cultural and religious era. This research is a literature study (library research) using a juridical, historical, and philosophical approach to answer the problems above. This study concludes that there are three methods of ijtihad, namely bayani (linguistics), ta'lili (qiyasi: causation), and istislahi (teleological). These three are common methods used in discovering and forming fiqh civilizations from time to time. By bringing empirical reality into the analysis of legal findings, there will be little guarantee that Islamic law in Indonesia can appear more creative and alive in the midst of modern social regulatory processes. As for the effort to renew the method of discovering Islamic law with a contextual approach in the form of historical and textual inference analysis, this is an ideal intellectual achievement. there will be little guarantee that Islamic law in Indonesia can appear more creative and live in the midst of modern social regulatory processes. As for the effort to renew the method of discovering Islamic law with a contextual approach in the form of historical and textual inference analysis, this is an ideal intellectual achievement. there will be little guarantee that Islamic law in Indonesia can appear more creative and live in the midst of modern social regulatory processes. As for the effort to renew the method of discovering Islamic law with a contextual approach in the form of historical and textual inference analysis, this is an ideal intellectual achievement

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