cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
M. Riza Pahlefi
Contact Email
riza.pahlefi@uinbanten.ac.id
Phone
+6285383592121
Journal Mail Official
syakhsia@uinbanten.ac.id
Editorial Address
Jl. Jenderal Sudirman No. 30 Ciceri Serang Banten
Location
Kota serang,
Banten
INDONESIA
Syaksia : Jurnal Hukum Perdata Islam
Published by Universitas Islam Negeri Sultan Maulana Hasanuddin Banten
ISSN : 2085367X     EISSN : 27153606     DOI : https://dx.doi.org/10.37035/syakhsia
Core Subject : Religion, Humanities, Science, Social,
Religion Humanities Chemistry Law, Crime, Criminology & Criminal Justice Social Sciences
Syakhsia: Jurnal Hukum Perdata Islam, is an open access and peer-reviewed journal published biannually (p-ISSN: 2085-367X and e-ISSN: 2715-3606). It publishes original innovative research works, reviews, and case reports. The subject of Syakhsia covers textual and fieldwork with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of Islamic civil law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 24 No 1 (2023): Januari-Juni" : 8 Documents clear
KONSEP RUKYAH AL-HILAL PERSFEKTIF HADIS NABI SAW alamsyah; Zulfahmi Alwi; Abd. Rahman Sakka; Erty Rospyana Rufaida
Syakhsia Jurnal Hukum Perdata Islam Vol 24 No 1 (2023): Januari-Juni
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v24i1.7299

Abstract

This paper aims to examine the concept of rukyah al hilal by using the approach of the hadiths of the Prophet saw. As a second source of law. This study is of a literary nature, namely by looking for several sources of hadith from the book of Jami' al hadith an-Nabawi with the analysis used is content analysis. The findings of this study reveal that the understanding of the scholars in understanding the Prophet's hadith about Rukyah al Hilal has differences. The diversity of pronunciations provides several meanings in understanding and using the hadith, thus triggering differences of opinion among the scholars. This difference interprets the word Rukyah axiologically as a method for obtaining new moon data at the beginning of the month so that in understanding it there are three methods, namely the Rukyah method, the reckoning method, and the Isti'mal method. Thus, it becomes an obligation that must be carried out by every Muslim to try to find out the new moon, either through direct observation (ru'yat al-hilal), or using the reckoning method for people who have the expertise and ability to perform calculations or use reckoning. if the hilal is not conclusively known, then the people fall into a doubt on that day, the Prophet forbade fasting on the day that is in doubt, it is considered committing disobedience
STATUS HUKUM AHLI WARIS PENGGANTI DALAM KOMPILASI HUKUM ISLAM (KHI) Hilman Taqiyuddin; Hapizul Ahdi
Syakhsia Jurnal Hukum Perdata Islam Vol 24 No 1 (2023): Januari-Juni
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v24i1.7917

Abstract

In Islamic inheritance law, it is recognized that there are groups of heirs consisting of ashab al-furud/dzawil furud, ashabah and dzawil arham. Ashab al-firidh/dzawil furud is the heir who gets a clear share and his share has been determined by sharia. If the dzawil furud dies before the death of the heir (his parents), then the heir's rights can be taken by his son (grandson of the heir) so that this grandson is called a substitute heir. In Indonesia, substitute heirs are known in the Compilation of Islamic Law (KHI) and in Staatsblad 1917 no.129 which is an explanation of BW. Meanwhile, in the Qanun (UU) of other Muslim countries, such as Egypt, Morocco, Syria, and others, they formulate substitute heirs with a different term, namely "washiat obligedah", but essentially the same in order to accommodate the rights of grandchildren whose parents died before their grandfather died. Then how is the legal status of the heir to replace the KHI perspective. This study uses a juridical-normative approach and content-analysis (content analysis). Substitute heirs are a product of legal reform and formulation that accommodates grandchildren whose parents died before their grandfather died and is a formulation of the results of ijtihad with the maslahah and maqâṣid as-shari'ah approaches as well as a sociological approach based on the principle of justice in Islamic inheritance
MAQASHID SYARI’AH DALAM HADIS WALIMAH ‘URS Zul Ikromi; Tasnim Rahman Fitra
Syakhsia Jurnal Hukum Perdata Islam Vol 24 No 1 (2023): Januari-Juni
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v24i1.7932

Abstract

The orders and implementation of walimah are found in various hadiths of the Prophet, among the most famous hadiths is the hadith of awlim even though it is bi asy-syatin. The influence of the global world and modernization has given its own style to the implementation of weddings in the Islamic world, including Indonesia. Many things are found in the community related to shifts and deviations from the Sunnah of the wedding ceremony. Based on this fact, it is necessary to reveal the provisions of walimah contained in the hadith of the Prophet Muhammad, so that the khittah walimah can return according to the true syar`i guidance. This study uses a discriminatory-analytic method which aims to describe and reveal maqashid aspects in the hadith walimatul 'urs. This study reveals that the implementation law of walimatul `urs is a sunnah muakkat according to the majority of scholars, walimah al-'urs is highly recommended as one of the symbols of Islam, and as a means of notification to the public so as not to cause slander. Walimah al-'urs becomes syi'ar when complying with the provisions of Islamic law. The blessing of walimah al-'urs lies in its implementation which emphasizes the concept of simplicity with the meaning of using and removing all forms of accommodation according to needs and avoiding the existence of riya motives that lead to waste and useless actions.
ANALISIS PERAN KANTOR URUSAN AGAMA DALAM PENANGANAN KASUS PASANGAN NIKAH SIRI Muhammad Khusni Mubarok; Eny Shofiawanti; Meilan Arsanti
Syakhsia Jurnal Hukum Perdata Islam Vol 24 No 1 (2023): Januari-Juni
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v24i1.8188

Abstract

The purpose of this study was to identify and examine the function of the religious affairs office in handling unregistered marriages in Bonang District. Interviews, observations, and documentation were used in this study. This research is a descriptive qualitative research. Qualitative descriptive analysis techniques emphasize empirical studies that aim to obtain legal information by going directly to the regions. The type of data used in this research is primary and secondary data. The results showed that the role of the religious affairs office in tackling unregistered marriages in Bonang District included providing counseling on registration of marriages and happy families to prospective brides and guardians, conducting socialization on the impact of unregistered marriages, and also the importance of registering marriages every time in filling out a events, both recitations and events involving the head of the religious affairs office. Factors that impede the religious service in handling unregistered marriages in Bonang District include incompetent human resources, low public awareness of law, and inadequate facilities and infrastructure.
SEBUAH PEMAHAMAN DASAR HUKUM WARIS ISLAM SEBAGAI UPAYA MENGATASI PERMASALAHAN HARTA WARIS DALAM KELUARGA: A BASIC UNDERSTANDING OF ISLAMIC INHERITANCE LAW AS AN EFFORT TO OVERCOME PROBLEMS OF INHERITANCE IN THE FAMILY Lutfi Amalia; Nurti Budiyanti; Sasqia Faradila; Yasmin Kurniawan; Baharudin Akbar
Syakhsia Jurnal Hukum Perdata Islam Vol 24 No 1 (2023): Januari-Juni
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v24i1.8296

Abstract

Basic understanding of Islamic inheritance law is important to overcome problems of inheritance in the family. Many families experience conflict in the distribution of inheritance due to a lack of understanding of the principles of Islamic inheritance law. This paper aims to provide a basic understanding of Islamic inheritance law and overcome problems of inheritance in the family. This writing uses a descriptive method by collecting data from literary sources related to Islamic inheritance law. Islamic inheritance law regulates the division of inheritance based on the commandments of Allah SWT in the Al-Quran. The division of inheritance in Islam refers to the principle of equality and justice between heirs. In Islam, there are two types of heirs, namely obligatory heirs and ashabul furudh heirs. Basic understanding of Islamic inheritance law can help overcome problems of inheritance in the family. With a correct understanding of the principles of Islamic inheritance law, the distribution of inheritance can be done fairly and avoid conflicts within the family.
SAKSI NON MUSLIM TERHADAP ASAL USUL ANAK PERSPEKTIF HUKUM ISLAM PADA PENETAPAN NOMOR 99/Pdt.P/2022/PA.Kdr: Konsep Saksi Dalam Hukum Positif dan Hukum Islam Isfaul Isfaul Khasanah; Rayno Rayno Dwi Adityo
Syakhsia Jurnal Hukum Perdata Islam Vol 24 No 1 (2023): Januari-Juni
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v24i1.8381

Abstract

Abstract The process of proving in a religious court is a very crucial process. Due to the large number of people with various religions, it is not uncommon for non-muslim witnesses to be presented in the trial to be witnesses. Islamic law requires witnesses to be Muslim. This study aims to examine non-muslim witnesses in the determination of Number 99/Pdt.P/2022 / PA.Kdr on the origin of children perspective of Islamic law. This study is a normative legal research using case approach, statue approach and legal literature study. The method of data collection by using continuous literature studies with non-muslim witnesses and Islamic law with the limitation of the scope of the imams of the madhhab, namely imam Hanafi, Imam Malik, Imam Shafi'i and Imam Ahmad and contemporary scholars. The results of this study led to three conclusions. First, the testimony of non-Muslims is not accepted by the scholars of madhhab but there are also those who accept that the legal consequences remain valid in decision number 99/Pdt.P/2022 / PA.Kdr about the origin of the child, either because of emergency or on the social conditions of each. Secondly, the requirement of a Muslim witness in determining the status of the child's origin is not clearly regulated in positive law. Third, the testimony of non-Muslims in decision number 99 / Rev.P/2022 / PA.The Kdr on the origin of the child is still accepted by the judge based on the judge's ijtihad. Keywords: Verdict, Non Muslim Witnesses, Islamic Law.
PEMIKIRAN SYEKH WAHBAH AL- ZUHAILY TENTANG PENYELESAIAN KONFLIK RUMAH TANGGA Fedrik Wardiansyah
Syakhsia Jurnal Hukum Perdata Islam Vol 24 No 1 (2023): Januari-Juni
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v24i1.8808

Abstract

This paper contain an analysis of Syekh Wahbah Al-Zuhaily on solving household conflicts, today, many family couples, especially families who have just taken the household in dealing with household conflicts that begin with a disobedience attitude or not carrying out obligations carried out by one of the spouses (nusyuz), or at the stage of increasingly complicated and escalating conflicts (syiqaq), they take the divorce route in a hurry, even thought divorce is an act that Allah hates. Household couples should take the steps that need to be taken in maintaining the integrity of the household, then how are these efforts to reduce household conflict so that as much as possible there is no divorce. This paper aims to find out how efforts are made to reduce household conflicts according to Syekh Wahbah Al-Zuhaily opinion, by using the library research metod with the descriptive analysis approach, it can be concluded that according to him, there are seven stages in maintaining a household.
RESILIENCE OF THE INSTITUTION OF MARRIAGE IN FACING DOMESTIC PROBLEMS IN A LEGAL PERSPECTIVE: Maya Aufa UIN SMH Banten maya aufa
Syakhsia Jurnal Hukum Perdata Islam Vol 24 No 1 (2023): Januari-Juni
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v24i1.8817

Abstract

The institution of marriage is a noble institution and has an honorable position in Islamic law and Indonesian national law. This is evidenced by the existence of special regulations related to marriage, namely Law Number 16 of 2019 concerning Marriage. Problems in domestic life will always be faced by every couple, the existence of the marriage institution is a benchmark for how husband and wife are able to face and get solutions to the problems faced, so that the integrity of the household is maintained. This paper aims to explain how the resilience of the marriage institution in an effort to find solutions to problems and conflicts in the household, so that family integrity remains harmonious. Based on qualitative descriptive research methods and analytical descriptive sociological normative approaches, it is concluded that: 1) It is necessary to understand the community about family resilience so that each individual couple understands the concept and purpose of marriage. (2). Optimizing BP4 institutions in bridging the resolution of household conflicts. (3) Strengthening family joints from various aspects, both economic and social and others, in order to minimize the divorce rate.

Page 1 of 1 | Total Record : 8

 1 

Filter by Year

2023 2023


Reset
Filter By Issues
All Issue Vol 24 No 1 (2023): Januari-Juni Vol 23 No 1 (2022): Januari-Juni Vol 22 No 2 (2021): Juli - Desember Vol 22 No 1 (2021): Januari-Juni Vol 21 No 2 (2020): Juli-Desember Vol 21 No 1 (2020): Januari-Juni Vol 20 No 2 (2019): Juli-Desember Vol 20 No 1 (2019): Januari-Juni Vol 19 No 2 (2018): Juli - Desember Vol 19 No 1 (2018): Januari-Juni