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Asasi: Journal of Islamic Family Law
Published by Institut Agama Islam Miftahul Ulum Pamekasan
ISSN : -     EISSN : 27752887     DOI : 10.36420
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Jurnal Asasi adalah jurnal hukum keluarga Islam yang memuat tulisan tentang hukum perkawinan, perceraian, perwakafan dan kewarisan Islam. jurnal asasi dibuat sebagai wadah dosen dan praktisi hukum keluarga untuk menuangkan karya akademisnya, sebagai amal jariyah intelektual.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 2 No. 1 (2021)" : 5 Documents clear
Studi Fenomenologis Pernikahan Dini Dikalangan Santri Di Pondok Pesantren Wilayah Kecamatan Palengaan Muchlis Muchlis
ASASI: Journal of Islamic Family Law Vol. 2 No. 1 (2021)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v2i1.109

Abstract

Early marriage among santri is a social phenomenon in society. This early age is more about the age of education that is being undertaken. the practice for santri is different from that among young people who incidentally ended up in divorce on the basis of previous research. while the santri based on their religious beliefs are better able to defend it. This study uses qualitative research with a phenomenological study approach to reduce individual experiences of phenomena to a description of an essence by presenting primary data, namely the results of observations, interviews, and documentation. Early marriage among the students of Islamic boarding schools in the Palengaan sub-district, some are married and continue their education or choose to drop out of education, some are married to be the choice of students with the blessing of both parents and teachers. The factors are the will of parents, family, lack of parental education, their own will even because of economic limitations to continue to higher education. The impact of early marriage is positive and negative, but what dominates more is the negative impact, especially the social impact related to social relationships to become a complete family in the social structure and the psychological impact that makes mender to take part because of the immature mental, spiritual and so on. encouraged by the age of the students who are still early.
Perlindungan Hak Asasi Manusia Dalam Konsep Pembatasan Usia Pernikahan Pada Uu No 16 Tahun 2019 Ainullah Ainullah
ASASI: Journal of Islamic Family Law Vol. 2 No. 1 (2021)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v2i1.110

Abstract

The protection of human rights has a guarantee from the legal system in Indonesia. The Marriage Age Restriction regulated in Law No. 16 of 2019 is a new rule as a form of revision to natural rules. The latest regulation states that the age of marriage is nineteen years for both the prospective husband and the prospective wife. The results of the analysis show that the state has protected the rights of every citizen who wants to get married. Although the regulation has been promulgated through a new regulation, the state is still present in order to fulfill aspects of human rights, one of which is by enforcing marriage dispensation rules, for anyone who wants to marry under the age of marriage.
Mediasi Keluarga Islam Menurut Al-Qur’an Dan Tafsir Ibnu Kastir Itsbat Itsbat
ASASI: Journal of Islamic Family Law Vol. 2 No. 1 (2021)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v2i1.111

Abstract

In life there are many conflicts that need to be straightened out. The fundamental factor that causes familial conflict in humans is the non-fulfillment of their interests as desired. Islam has provided a way of mediation in overcoming the conflict. In the Qur'an itself there are many verses that explain forms of mediation, one of which is conflict mediation in family disputes. Some scholars differ on the interpretation of the mediating verses in the Qur'an. Imam Abu Al-Fida 'bin Katsir Al-Qurasyi in his book Tafsir Ibn Kathir on the verse of mediation. There is a family dispute resolution process through a third party known as a hakam (mediator). There is also a settlement without a mediator, namely with the ishlah of both parties.
Perlindungan Harta Kekayaan Dalam Pengaturan Perjanjian Perkawinan Di Indonesia akh Syamsul Muniri; Nur Shofa Ulfiyati
ASASI: Journal of Islamic Family Law Vol. 2 No. 1 (2021)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v2i1.112

Abstract

The main purpose of marriage is the formation of an eternal, happy, and loving family between husband and wife. However, to anticipate the possibility of problems in marriage, of course a marriage agreement is needed, especially in the distribution of assets. The arrangement of the marriage agreement on the assets of husband and wife is in principle to provide legal protection for husband and wife against their property, if in the future they must divorce. However, the implementation of the marriage agreement as regulated in the Civil Code and Law no. 1 of 1974 concerning Marriage is still limited in time when making a marriage agreement. The legal reforms carried out by the Constitutional Court have given a time limit for the holding of a marriage agreement to be wider so that the factor of wanting to protect each other's property or protect themselves or their families from the threat of domestic violence can be anticipated through a marriage agreement.
Konstelasi Pemikiran Hukum Keluarga di Tunisia Fahmi Assulthoni
ASASI: Journal of Islamic Family Law Vol. 2 No. 1 (2021)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v2i1.118

Abstract

Tunisia is one of the many Muslim countries that continue to strive to build a family law system which is a permanent rule of law for Muslims. Both before and after Tunisia's independence, legal reforms were intensively carried out, including legal reforms in the field of family law. One of the laws implemented in Tunisia is the Tunisian Code of Personal Status (CPST) or other names Majallah Al-Akhwal Ash-Shakhshiyyah. The legal reforms carried out by Tunisia cannot be separated from the progressive thoughts that have colored family law policies which in the next stage will become state policies. This article is presented in a descriptive form using a literature study approach as the study material. The results of the study concluded that the Tunisian State carried out many Islamic family law policies based on the development of family law in the world and the needs of its citizens.

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