Article Per Year (5 Year)
p-Index From 2019 - 2024
0.444
P-Index
This Author published in this journals
All Journal Al-Ihkam: Jurnal Hukum dan Pranata Sosial Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Muhammad Chairul Huda
Universitas Islam Negeri Salatiga
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
NILAI FILOSOFIS PROSES KHITBAH DAN MENENTUKAN MAHAR PERKAWINAN UNTUK PEREMPUAN DALAM TINJAUAN FEMINISME ISLAM (TAFSIR AL-BAQARAH : 235-237 DAN AN-NISAA' : 4) Salma Al Zahra Ramadhani; Muhammad Chairul Huda
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol 4, No 1 (2023): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v4i1.24310

Abstract

The dowry is a gift made by the bridegroom to the bride with an obligatory law but it's not mentioned in the form and type, large and small both in the Qur'an and in the hadith and khitbah as a statement made by a man to a woman by expressing a desire to marry a woman as her life partner. This is seen in the perspective of Islamic feminism by interpreting the verses of the Qur'an to obtain the meaning of gender justice, this is because the interpretation that has been done traditionally is sometimes still gender biased and makes men superior. The method used is a descriptive qualitative method with research that explains the reality of the understanding of a social phenomenon that occurs in society and discussed in more detail. This study states that long before there was an issue of gender quality, the verses of the Qur'an glorified women, had long before paid attention to the position of women with the interpretation of Q.S An-Nisaa' : 4 about giving dowry Q.S. Al-Baqarah : 235 about the khitbah process and Q.S. Al-Baqarah : 236-237 about Mut'ah given to women who were given away.
The Interplay of Fiqh, Adat, and State Marriage Law: Shaping Legal Consciousness of Sasak Women Jumarim; Ilyya Muhsin; Muhammad Chairul Huda
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 19 No 1 (2024): on Progress
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v19i1.10522

Abstract

Sasak women grapple with a legal conundrum stemming from the coexistence of multiple marriage legal frameworks encompassing fiqh, adat, and state law. This intricate legal pluralism dynamically shapes the legal consciousness of Sasak women as they navigate the selection of legal avenues to secure legality and address their marital legal challenges. This study pursues two primary objectives: firstly, to examine the intricate interplay among fiqh, adat, and state marriage law concerning the provision of legal certainty and protection for Sasak women; secondly, to probe into the manifestations of legal consciousness arising from the plural marriage legal frameworks. Data were collected through document analysis, literature review, and in-depth interviews with selected Sasak women. The findings illuminate a dynamic interplay among fiqh, adat, and state marriage law across various marital facets, including prenuptial considerations, minimum marriage age, marriage prerequisites and pillars, marriage contracts, residency, polygamy, divorce, and reconciliation. Moreover, the study identifies three distinct forms of legal consciousness emerging among Sasak women: ‘before the law’ when confronting fiqh, ‘with the law’ when embracing formal legal mechanisms to address marital issues, and ‘against the law’ when eschewing formal legal provisions. In conclusion, state marriage laws are more progressive in providing legal certainty and protection for women but lacking criminal sanctions/fines weakens their position compared to religious law (fiqh) and customs (adat). Ultimately, this shapes the legal consciousness of Sasak women in diverse ways.
Co-Authors Ilyya Muhsin Jumarim Salma Al Zahra Ramadhani