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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 31 Documents
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Hubungan Teori Hukum Dengan Praktik Penegakan Hukum Di Indonesia Moh Holil
ASASI: Journal of Islamic Family Law Vol. 2 No. 2 (2022)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v2i2.194

Abstract

Indonesia is a state of law, all state apparatus must act in accordance with the law and all people who live within the scope of Indonesia must obey the law. However, the applicable law in Indonesia has not yet shown its effectiveness, so that the purpose of the law has not been properly achieved. The term that is very familiar is "the law is blunt up and sharp down", such is the law in Indonesia. The law is very binding and cruel to the common people, while it is as if the law does not apply to those in power. The law for rulers and people with money can be traded, as evidenced by the rampant bribery that occurred in the State of Indonesia. So in the eyes of society, the law will fall when there is money. One of the problems of law enforcement among the people of Indonesia is that the public is generally against the law, the law is very far from the word justice and the apparatus is arbitrary towards the common people.
Tinjauan Fiqh ‘Urf Terhadap Praktik Perjanjian Perkawinan (Studi Empiris Adat Dayak Ngajudi Kota Palangka Raya) Nurulia Shalehatun Nisa
ASASI: Journal of Islamic Family Law Vol. 2 No. 2 (2022)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v2i2.195

Abstract

Marriage agreements in Indonesia are regulated in the Civil Code (KUHPerdata), Compilation of Islamic Law (KHI), and Law Number 1 of 1974 concerning Marriage (Marriage Law) jo. Decision of the Constitutional Court Number 69/PUU-XIII/2015 so that the marriage agreement is legal and lawful. The marriage agreement in the Dayak Ngaju indigenous people is called a symbol. Perlambang is one of a series of traditional Dayak Ngaju marriage procedures. This paper aims to analyze the practice of marriage agreements that grow and live to become a culture of the Dayak Ngaju indigenous people in Palangka Raya City when viewed from the point of view of 'Urf. This writing is the result of research qualitative or empirical studies.The marriage agreement made to the Ngaju Dayak indigenous people has an important role, even though it is part of a series of traditional marriage rituals which in fact originates from the Hindu Kaharingan religion, but in its journey along with the introduction of Islam among the people, it has experienced various adaptations and adjustments to Islamic beliefs. . So that in practice, marriage agreements in the Dayak Ngaju customary community can still be carried out and benefited even by people who are Muslim.
Wali Mujbir dan Kebebasan Memilih Pasangan Bagi Perempuan Persepektif Ulama Kontemporer dan Fiqh Klasik Muchlis Muchlis
ASASI: Journal of Islamic Family Law Vol. 3 No. 1 (2022)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i1.196

Abstract

Marriage is a sacred activity that binds men and women in a family bond called a contract. Of course, dealing with it also really needs strengthening of heart and mind in order to create a lasting marriage and intertwined sakinah family, mawaddah warohmah. Including the requirements of pillars that must be met in marriage, namely the guardian of the woman, basically the guardian has the right of ijbar to his daughter (Imam Syafi'i) but this remains within the requirements that must be met and does not differ from the criteria determined by Islam. However, in context, today's women are starting to be reluctant to be forced into marriage by their guardians due to the progress of the globalization era. So that many guardians' ijbar rights in marriage have not been realized on the pretext that the daughter couple is happy with the candidate they choose. So in this case there is a very dynamic difference between madhhab priests and contemporary scholars, this is due to the emergence of a misalignment of khitob propositions against generality which occurs especially in this technologically advanced era when dealing with the arguments of the hadith of the Prophet Muhammad.
Kafa`ah dalam Perkawinan Menurut Pemikiran TGKH. M. Zainuddin Abdul Madjid (1898-1997) Munawirsazali Munawirsazali
ASASI: Journal of Islamic Family Law Vol. 3 No. 1 (2022)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i1.197

Abstract

TGKH. M. Zainuddin Abdul Majid is a contemporary cleric from West Nusa Tenggara who has great concern for family life, especially with regard to the concept of kafa>`ah in marriage with his solutive offer contained in the book Testament Reflections on New Experiences. Interesting thoughts from TGKH. Muhammad Zainuddin Abdul Majid is when he gives a new perspective in understanding kafa>`ah standards in marriage which cover two areas, namely morals and pure inheritance. TGKH. M. Zainuddin Abdul Majid does not make the area of property, traditional titles based on social status, and beauty the standard of kafa>`ah in marriage. The beginning of the emergence of TGKH's thoughts. M. Zainuddin Abdul Majid departs from the macro conditions of the Muslim community on Lombok Island, West Nusa Tenggara, which has a marriage system based on the existing social class, namely women who have a high social class are not allowed to marry men who have a low social class because both of them not considered to meet the kafa>`ah standard. Therefore, Shaykh Zainuddin wanted to protect women by building a new concept of kafa>`ah standards in marriage which put more emphasis on moral aspects and pure inheritance.
Konsep Dan Peran Istidlal Maqashid Al-Syari’ah Dalam Islam Halimatus Sa’diyah; Sitti Lailatul Hasanah
ASASI: Journal of Islamic Family Law Vol. 3 No. 1 (2022)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i1.198

Abstract

The law is a reference in the order of work, its inherent nature makes a person feel bad if he violates it. Of course, each rule contains specific aims and objectives. Islam recognizes this goal by the name maqashid al-shari'ah. Namely an implied meaning in the rules of Shari'a with five formulations, such as protecting religion, soul, mind, property and offspring. This research tries to unravel the concept and role of maqashid al-syari'ah in determining the proposition (istidlal). The nature of this research is library or doctrinal research with descriptive conceptual analysis
Prinsip Keadilan Dalam Penyelesaian Sengketa Hutang Piutang Di Masyarakat Sampang Madura Melalui Gadai Tanah Purwanto Dwi S
ASASI: Journal of Islamic Family Law Vol. 3 No. 1 (2022)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Basic Agrarian Law does not only draw from the values of religious law but also draws from the values of customary law, as stated in Article 5 of Law no. 5 of 1960 concerning Basic Agrarian Regulations. This article aims to find out the principles of justice in settlement of debt and credit disputes in the Sampang Madura community through land pawning. Through qualitative research methods with a case study approach, the best solution to debt and credit disputes can be resolved wisely by staying true to legal law while accommodating local policies. Thus the implications of the findings in this article serve as a guide for similar cases, although specifically the principles of justice found are assumed to apply or be effective in areas that have a similar culture.
Kepemimpinan Perempuan Dalam Perspektif Hukum Islam : (Studi Komparatif antara Pemikiran kh. Husein Muhammad dan Asghar Ali Engineer) Dendy Wahyu Anugrah; M. Amir Mahmud
ASASI: Journal of Islamic Family Law Vol. 3 No. 2 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i2.276

Abstract

Discourse on women to date has been dialectical. Speculative viewpoints that are not in accordance with Islamic rules or law are forcibly used as a reference for supporters of patriarchal culture. Placing women inferior to men is not in accordance with the religious vision of Islam. Different views of scholars regarding the role of women in the public sphere need to be reviewed in order to provide a comprehensive and fair understanding. So, to answer and complement research that continues to answer the dilemmatization of women's leadership, the methods used are library research and comparative studies. The results showed that the thinking of KH. Hussein Muhammad and Asghar Ali Engineer have similarities and differences that are quite clear. Both agreed, supported and explicitly stated that the position of women as leaders is permissible in Islam. However, what is interesting is the difference in methods used by the two Muslim scholars.
Nalar-Moderat Mazhab Mutakallimin dan Implikasinya pada Pencatatan Nikah di Indonesia Mansur Mansur; Abu Yasid; Lathoif Ghozali; Iskandar Ritonga
ASASI: Journal of Islamic Family Law Vol. 3 No. 2 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i2.281

Abstract

The purpose of this study is to explain moderate thoughts in the deductive reasoning of the Mutakallimin School and their implications for influencing state policy in Indonesia, especially in the matter of registering marriages. With the regulation of Law no. 1 of 1974 concerning the obligation to register marriages through the KUA, reaping controversy and recent deviant behavior such as online siri marriages. This manuscript study using the Content Analysis method examines the deductive method of the Mutakallimin School included in the book Al-mahshul fi ilmi al ushul. As a result, the moderate reasoning of the Mutakalllimin School with the pioneers of the two Ar-Razi, namely Rhazes (925 AD) and Ar-Razi through linguistic studies of deductive reasoning has a moderate character, so that it has implications for the regulation of marriage registration at the Office of Religious Affairs (KUA) extracted from the pronunciation of ' am mutlaq "tadaayantum" in the Al-Qur'an Surah Al-Baqarah: 282.
Wakaf Asuransi Syariah Perspektif Maqashid al-Shariah al-Ghazali Moh Subhan
ASASI: Journal of Islamic Family Law Vol. 3 No. 2 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i2.284

Abstract

Waqf is one of the teachings of Islam that has dimensions of worship (ubudiyah) and economic (iqtishodiyah). Waqf functions as a source of funding for the Muslim community, which is utilized to support educational activities, research and study, hospitals, and social services. The concept of Waqf continues to evolve with the development and progress of time. The derivatives of Waqf products have become more diverse, ranging from conservative forms of Waqf to productive Waqf. One of the forms of productive Waqf that emerged in the 2020s is Waqf insurance, where this model of Waqf provides not only protection but also a continuous investment in rewards for the Waqif (the one who donates the Waqf). Waqf in Sharia-compliant insurance products differs from the general concept of Waqf that has been practiced by the community. Sharia-compliant insurance Waqf provides convenience for the community to engage in Waqf by utilizing the benefits of insurance and the benefits of investment in Sharia-compliant insurance. In the context of Maqasid al-Shariah (the objectives of Islamic law) according to Al-Ghazali, the Waqf products of insurance benefits and investment benefits have significant significance in terms of maslahah dharuriyah, which is to protect the five essential elements, namely ijabiyah (affirmation) and salbiyah (negation). In this context, Sharia-compliant insurance Waqf can provide benefits by empowering the community through healthcare financing, education, poverty alleviation, and creating social welfare.
Periodisasi Hukum Islam : (Meneropong Praktik Hukum Islam Pada Masa Awal Islam dan Realisasinya di Indonesia) Amalina Zukhrufatul Bahriyah; Ahmad Mahrus; Moh. Mujibur Rohman
ASASI: Journal of Islamic Family Law Vol. 3 No. 2 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i2.285

Abstract

This article is a conceptual study of the periodization of the development of Islamic law, starting from the time of the Prophet Muhammad who brought Islamic dogmatic teachings, continuing during the time of the Companions as the second holders of the relay of Islamic civilization. And then its development in the following period until the implementation of Islamic law which began to be contained in Indonesian law, as formal law. The problems studied are as follows: 1) What are the sources of Islamic law?, 2) What is the method of establishing Islamic law in the early period, friends and tabi'in?, 3) How is the implementation of Islamic law in Indonesian national law? The aim is to find out the most important sources of Islamic law. In addition, to find out the method of establishing Islamic law in the early period, companions and tabi'in, as well as its implementation in Indonesia. Based on the form of this research is normative research with library research data collection techniques. From the data obtained then developed with data analysis in the form of a flow-model.

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