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All Journal Tribakti: jurnal pemikiran keIslaman Minhaj: Jurnal Ilmu Syariah HIKMATUNA: Journal for Integrative Islamic Studies ABDIMASY: Jurnal Pengabdian Kepada Masyarakat Tribakti: Jurnal Pemikiran Keislaman
Moch. Nurcholis
Institut Agama Islam Bani Fattah Jombang
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Substantive Maturity in ‘Āishah’s Marriage Moch. Nurcholis; Mohammad Fajrul Falah Afandi; Mayla Aflahul Karimah; Abdul Latif
Jurnal Hikmatuna Vol 7 No 1 (2021): HIKMATUNA: Journal for Integrative Islamic Studies, June 2021
Publisher : Postgraduate Program, Universitas Islam Negeri (UIN) K. H. Abdurrahman Wahid Pekalongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1036.286 KB) | DOI: 10.28918/hikmatuna.v7i1.3319

Abstract

This study aims to analyze the substantive maturity of Aishah's marriage, where based on the hadist of the Prophet, Aishah married the Prophet at the age of 6 years and started married at the age of 9 years. The information contained in the hadith is closely related to the issue of child marriage in the mainstream discourse of protecting children's rights, particularly the rules for limiting the age of marriage that have been implemented so far. The method used in analyzing the above problems is descriptive with an approach to the history of Islamic law. This study notes that 'Aishah marriage has fulfilled the substantive maturity element, both physically which is marked by reproductive readiness and non-physical with indicators of intellectual maturity. Besides that, the age of marriage 'Aishah is done by determining the element of purpose (al-ḥadf) in the form of maturity quality and the component of means (al-wasīlah) in the form of age. Thus, this element has significance for religious legality guarantees related to the rules for the age limit of marriage that apply in Muslim countries.
PEMBERDAYAAN MEDITOR LOKAL SEBAGAI PROBLEM SOLVER DALAM SENGKETA PERCERAIAN MASYARAKAT MUSLIM DESA KALISAT PASURUAN Nor Salam; Moch. Nurcholis; Junaidin Junaidin
ABDIMASY: Jurnal Pengabdian Kepada Masyarakat Vol. 2 No. 1 (2023): Juni 2023
Publisher : LPPM Institut Agama Islam Bani Fattah Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/abdimasy.v2i1.2009

Abstract

The activity with the theme “Empowering Local Meditors as Problem Solvers in Divorce Disputes in the Muslim Community of Kalisat Pasuruan Village” was motivated by the presence of a Supreme Court Regulation (PERMA) with one of its “doctrines” namely the validity of mediators who are entitled to mediate in divorce disputes are mediators consisting of judges or non-judge but certified mediators. This has implications for the "oppression" of local mediators with a wealth of functional insight into the life of village communities. For this reason, in this mentoring program, we use Asset Based Community Development (ABCD) as the approach used. This departs from the initial assumption that local mediators have the ability and insight that are functional in people's lives, primarily related to divorce dispute resolution. Through this mentoring program, there is an increase in the understanding of mediators in understanding and practicing mediation which is known outside the provisions of fiqh, as a companion to the abilities they already have.
CHILDFREE: BETWEEN HUMAN POPULATION ISSUES AND THE PURPOSE OF MARRIAGE IN ISLAM (MAQASID AL-NIKAH) Moch. Nurcholis; Muhammad Rizki Maulana
Minhaj: Jurnal Ilmu Syariah Vol. 4 No. 2 (2023): Juli
Publisher : Lembaga Penerbitan Jurnal Ilmiah Institut Agama Islam Bani Fattah Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/minhaj.v4i2.1989

Abstract

In Islam the main purpose of marriage and family is to maintain the human population. Meanwhile, today's modern humans are faced with the threat of overpopulation of mankind. It is in this context that childfree is studied. This study focuses on the views of Islamic law on childfree. This focus is revealed in research questions about the concept and factors of childfree, and its status in view of the purpose of marriage in Islam (maqasid al-nikah). Qualitative methods are used in this study by utilizing library research. The approach used is the philosophy of Islamic law. Data collection is done by documentation. While the analysis is carried out in a cycle-systemic manner. This research concludes; First, Childfree is one of the choices of modern humans in running a family system. Happiness in a family through Childfree is not determined by the presence of offspring. Second, Childfree is inconsistent with the purpose of marriage (maqasid al-nikah) in Islam. This is because it has the potential to threaten the existence of the continuity of human life on earth.
Fikih Maqasid dalam Fatwa Majelis Ulama Indonesia tentang Penggunaan Vaksin Covid-19 Produk Astrazeneca Moch. Nurcholis
Tribakti: Jurnal Pemikiran Keislaman Vol. 32 No. 2 (2021): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v32i2.1741

Abstract

The rapid advancement of fiqh discourse has reached a thematic study phase and has shifted to a philosophical style. The philosophical type can be carried out through an integrated combination of fiqh and maqasid al-shari‘ah to produce a fiqh maqasid discourse in the Indonesian Ulama Council’s Fatwa Number 14 of 2021. Fiqh maqasid epistemology also needs to be addressed in this discourse. Efforts to reveal the existence of fiqh maqasid in the MUI fatwa and its epistemological building in this study used content analysis methods and Islamic legal philosophy as the approach. This research concludes that the fiqh maqasid paradigm has been applied in the MUI fatwa by using tarjih based on maqasid al-shari‘ah. In the realm of epistemology, fiqh maqasid originates from transcendental texts supported by ijma‘, and qawa’id al-fiqh. The paradigm in fiqh maqasid involves an integral relationship between ushul al-fiqh, fiqh, reality, maqasid al-shari‘ah, and qawa’id al-fiqh. While the truth in fiqh maqasid is based on the pragmatic theory of truth using instruments of utility, workability, satisfactory consequences.
Fikih Maqasid dalam Fatwa Majelis Ulama Indonesia tentang Penggunaan Vaksin Covid-19 Produk Astrazeneca Moch. Nurcholis
Tribakti: Jurnal Pemikiran Keislaman Vol. 32 No. 2 (2021): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v32i2.1741

Abstract

The rapid advancement of fiqh discourse has reached a thematic study phase and has shifted to a philosophical style. The philosophical type can be carried out through an integrated combination of fiqh and maqasid al-shari‘ah to produce a fiqh maqasid discourse in the Indonesian Ulama Council’s Fatwa Number 14 of 2021. Fiqh maqasid epistemology also needs to be addressed in this discourse. Efforts to reveal the existence of fiqh maqasid in the MUI fatwa and its epistemological building in this study used content analysis methods and Islamic legal philosophy as the approach. This research concludes that the fiqh maqasid paradigm has been applied in the MUI fatwa by using tarjih based on maqasid al-shari‘ah. In the realm of epistemology, fiqh maqasid originates from transcendental texts supported by ijma‘, and qawa’id al-fiqh. The paradigm in fiqh maqasid involves an integral relationship between ushul al-fiqh, fiqh, reality, maqasid al-shari‘ah, and qawa’id al-fiqh. While the truth in fiqh maqasid is based on the pragmatic theory of truth using instruments of utility, workability, satisfactory consequences.
Co-Authors Abdul Latif Junaidin Junaidin Mayla Aflahul Karimah Mohammad Fajrul Falah Afandi Muhammad Rizki Maulana Nor Salam