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Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan
Published by Institut Agama Islam Negeri Bone
ISSN : 26853248     EISSN : 26855887     DOI : https://doi.org/10.35673/as-hki
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Al-Syakhshiyah: Jurnal Hukum Keluarga Islam dan Kemanusiaan, Adalah terbitan ilmiah berkala yang ditujukan untuk akademisi dan praktisi hukum dalam menerbitkan hasil penelitian ilmiah dan/ atau hasil telaah konseptual. Ruang lingkup Jurnal Al-Syakhshiyah meliputi: 1. Hukum Keluarga Islam 2. Hukum Islam 3. Humaniora
Arjuna Subject : Ilmu Sosial - Hukum
Articles 55 Documents
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TELAAH MAQASID SYARIAH TERHADAP PUTUSAN MK NO. 22/PUU-XV/2017 TENTANG BATAS USIA NIKAH Hamzah Hamzah
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 1, No 1 (2019): Aktualisasi Nilai Hukum Keluarga Islam dan Kemanusiaan di Era Disruptif
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/as-hki.v1i1.2678

Abstract

This study is a review of the decision of the Mahkamah Konstitusi (MK) No.22 / PUU-XV / 2017 about the age limit of marriage. The marriage age formulation carried out by the Mahkamah Konstitusi through recommendations in its decision to be revised up to the age of female marriage between 18-19 years. This study is a normative study with a library analysis of the Mahkamah Konstitusi decision regarding the age of marriage in the perspective of maqasid syari'ah. The results of the study indicate that the Mahkamah Konstitusi decision No.22 / PUU-XV / 2017 regarding changes in the age of marriage for women is in line with the concept of maqasid syari'ah.
METODELOGI MAQASHID AL-SYARI’AH JASSER AUDA SEBAGAI PENDEKATAN BARU SISTEM HUKUM ISLAM Dedisyah Putra; Asrul Hamid; Martua Nasution
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 4, No 1 (2022): Volume 4 Nomor 1 Juni 2022
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/as-hki.v4i1.2427

Abstract

AbstractMaqasid al-Sharia is one of the discourses in the study of fiqh thought, both traditional and contemporary. However, in its development experienced various challenges and problems that surround it. Some of the problems that arise are that ushul fiqh is considered too textual and ignores the purpose of the text. Thus, it makes the purpose of making sharia laws or decisions not in accordance with the context. In this case, Jasser Auda tries to make an effort to criticize this issue. On the other hand, there are some weaknesses in the maqasid theory which does not provide details on certain chapters or problems. So that these conditions are considered unable to provide detailed answers to certain problems. Therefore, in this study, attempts to re-construct and make improvements with various approaches and methodologies initiated by Jasser Auda. Qualitative research methods are used in this study to examine various literatures related to the data that support this research, especially related to the renewal methodology carried out by Jasser Auda in analyzing maqasid al-shariah. This study found that in fact the perspective of the old maqasid concept to the new maqasid, that is, if you look at the classical paradigm, it lies in efforts to protect and guard or preserve. Meanwhile, if you look at the contemporary paradigm, it focuses more on the development and right side.Keywords: Islamic Law; Jasser Auda; Methodology; Maqasid al-Shariah. 
EMPAT RISALAH SYEKH MUKHTAR AMBAI: Pribumisasi Fikih Melalui Aksara Arab-Melayu di Kerinci nuzul iskandar
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 4, No 2 (2022): Volume 4 Nomor 2 Desember 2022
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v4i2.2845

Abstract

This study was triggered by the thought that the works of Syekh Mukhtar Ambai Kerinci were important to mention, in addition to the general reason that so far the ancient texts from Kerinci tended to only deal with traditional issues and very little about religious issues, as well as the specific reason that Mukhtar's works shows the tendency of fiqh indigenization towards the Kerinci community. This study aims to see how the method of writing fiqh materials in Sheikh Mukhtar Ambai's four treatises, and their correlation with the method of fiqh indigenization to the Kerinci community. This study shows that the works of Syekh Mukhtar Ambai very strongly represent the efforts to indigenize fiqh in the community. The indications of fiqh indigenization can be captured in three ways. First, writing that does not follow fiqh systematics, but is adapted to the needs of the community. Second, linking the discussion of fiqh with monotheism and Sufism according to the psychological needs of the community which requires strengthening the understanding of amaliyah in terms of monotheism and Sufism. Third, using local terms so that his work is easy to understand and familiar with people's daily lives.Keywords: Arabic-Malay Treatise; Indigenization of Fiqh; Kerinci; Mukhtar Ambai.
ISBAT NIKAH BAGI PASANGAN CERAI MATI PADA PENGADILAN AGAMA KELAS 1A WATAMPONE PERSEPEKTIF HUKUM ISLAM Andi Syamsulbahri
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 4, No 1 (2022): Volume 4 Nomor 1 Juni 2022
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/as-hki.v4i1.2846

Abstract

AbstractThis article discusses the isbat nikah case for married couples who have died, by knowing the views of Islamic law on the isbat nikah case. The qualitative type, with the case study method, which is carried out in detail, is intensive on the phenomenon. The results showed that the judge granted the application for isbat nikah with the consideration that the marriage was carried out in accordance with Islamic law and occurred before the enactment of Law Number 1 of 1974, as one of the basis for the declarative dictum decision. Meanwhile, the view of Islamic law on the isbat nikah of a husband and wife who have been divorced, it is considered okay to submit an application, but the couple will not have a marriage certificate because it is not recorded at the Religious Affairs office for the reasons contained in Article 7, provided that during the marriage carried out in accordance with Islamic law.Keywords: Death divorce; Islamic law; Isbat Nikah
ANALISIS HUKUM TERHADAP MANTAN NARAPIDANA KORUPSI MENJADI CALON LEGISLATIF PASCA PUTUSAN MK NOMOR 59/PUU-XVII/2019 PERSPEKTIF HUKUM ISLAM Dewi Arnita Sari
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 4, No 2 (2022): Volume 4 Nomor 2 Desember 2022
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v4i2.3060

Abstract

This study uses Normative research, namely research by examining document studies, namely using various secondary data such as statutory regulations, court decisions, legal theory, and can be in the form of opinions of scholars.The results of this study indicate that: (1) when making a regulation or legislation, it must refer to the proper regulations or the 1945 law so that every regulation made does not conflict with other regulations. (2) Every decision given or ruled by the Constitutional Court and the Supreme Court has gone through a long process and has legal certainty that must be obeyed.(3) From the perspective of Islamic law, a former prisoner in a corruption case means that he has violated one of the values of Islamic law such as hifzh al-mal (guarding property) so that it is not used for vanity purposes. So that person no longer needs to be elected or run again to carry out the mandate as a legislative candidate. The recommendation of this research is based on the results of this research, the things that need to be paid more attention. Here we need to be more careful in formulating the regulations, especially the regulations mentioned above relating to the rights of every citizen.
BATAS USIA MINIMAL WALI NASAB DALAM PERKAWINAN PERSPEKTIF ISLAM DAN PERUNDANG-UNDANGAN Jumarni S.H
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 4, No 2 (2022): Volume 4 Nomor 2 Desember 2022
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v4i2.3298

Abstract

This research is a comparative study between the age limit of a guardian in marriage according to Islamic law and according to Indonesian law. With this type of qualitative research and normative theological and normative juridical approaches, with secondary data sourced from the Qur’an and the hadith of the Prophet. Marriage Law, KHI, PMA Number 11 of 2017, and other sources of literature. The results of the study show that: First, in Islamic law the determination of puberty criteria for men is based on ihtilam, and menstruation for women. Second, according to the provisions of article 18 PMA number 11 of 2007, the minimum age for a lineage guardian is 19 years, and for a lineage guardian who is not yet 19 years old, he cannot become a marriage guardian. This is intended for the good and benefit of all parties, because then the marriage custodian who has been Rusyd will be able to decide everything based on rational considerations, not because of emotion.
KONTEKSTUALISASI TEOLOGI KEADILAN DALAM HUKUM QISHASH DAN POLIGAMI Ismail Keri; Dr. Misbahuddin; Dr. Wahid Haddade
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 4, No 2 (2022): Volume 4 Nomor 2 Desember 2022
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v4i2.2950

Abstract

This article discusses the theology of Islamic legal justice, in Qishash and Polygamy. Justice theology is a discourse that discusses justice based on religious reasoning. This article is a literature review with a normative theological approach. In the discussion it was stated that: Justice is absolute and morally binding, therefore believers are warned not to let hatred against someone cause them to violate the boundaries of justice, or make themselves deviate from the ideal of justice, because justice is very close to piety. and truth. The terminology of justice in Islamic law is interpreted as: fair in the sense of being similar or impartial and impartial, justice also means conformity and balance. In addition, justice also means paying attention to individual rights and giving these rights to their owners. (puts everything in its place).
KEDUDUKAN BARANG TITIPAN SEBAGAI AGUNAN PADA PERBANKAN SYARIAH Muspitasari M.H; Andi Nurramadhani; Muh Fadli Mangenre
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 4, No 2 (2022): Volume 4 Nomor 2 Desember 2022
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v4i2.3132

Abstract

This study discusses the implementation of deposited goods that are used as collateral in Islamic banking, in this case trying to find the right ways to solve problems if the goods deposited are used as collateral in Islamic banking. The methodology in this study is a literature study that is narrative in nature, with a historical approach as well as looking for juridical aspects in the settlement if there is a problem with goods deposited as collateral in the transaction process carried out in Islamic banking. In this study, it is shown that the resolution of a problem can be done through deliberation and through the courts. Those who do not trust will be given a fine in the form of compensation.
TINJAUAN HUKUM ISLAM TENTANG JUAL BELI TUAK NIRA Misnawati zakfah
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 4, No 2 (2022): Volume 4 Nomor 2 Desember 2022
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v4i2.2784

Abstract

AbstractThis article discusses the legal issues of buying and selling palm wine from the point of view of Islamic law, which aims to find out the law of buying and selling palm wine. This article uses library research methods in obtaining data, as well as with qualitative descriptive analysis. The results of the discussion show that palm wine is actually similar to khamr in terms of Islamic law, so its legal status can be determined through the qiyas method. So the law of drinking palm wine is haram. Based on the shari'i argument presented, it is concluded that the prohibition of alcoholic liquor, not only for those who drink it, but for those who sell it, even all those involved will get a sin.Keywords: Khamr; Islamic Law; Palm Wine.
KEDUDUKAN SAUDARA DALAM KEWARISAN ISLAM DAN METODE HITUNGAN BAGIANNYA MENURUT KONSEP SYAJAROTUL MIRATS Raja Ritonga; Amhar Maulana Harahap
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 5, No 1 (2023): Volume 5 Nomor 1 Juni 2023
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v5i1.2524

Abstract

Islamic inheritance makes the line of blood relationship part of the cause of getting an inheritance. Therefore, kinship is a binding relationship for mutual inheritance. However, in practice a number of differences exist between siblings and half-siblings, between brothers and sisters. This study aims to describe the position of the siblings of the heir. Furthermore, this study also describes the method and practice of calculating the share of the brothers in Islamic inheritance according to the concept of syajarotul mirats. The research method used is a qualitative method with the type of library research. All required data is collected through searching a number of books, books, journals and other scientific works that are related to the research theme. Furthermore, the data were analyzed descriptively. The results of the study concluded that brothers in Islamic inheritance are grouped according to the strength of their kinship. The group of siblings is referred to as 'ayan, half-sisters are referred to as 'akhyaf and half-sisters seibu are referred to as 'allat. In the practice of determining the inheritance share, they are located as ashabul furudh, ashobah binnafsi, ashobah bilghoir and ashobah ma'alghoir.Keywords: Sibling Inheritance; A'yan; Akhyaf; 'Allat; Syajarotul Mirats.

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