Jurnal Al-Wasith : Jurnal Studi Hukum Islam
Jurnal Al-Wasith: Jurnal Studi Hukum Islam dengan nomor terdaftar ISSN 2541-3376 (online), ISSN 2541-3368 (cetak) adalah jurnal yang berisi artikel tentang hukum islam yang dilakukan oleh dosen, peneliti dan yang berhubungan dengan pelaksanaan Tridarma Perguruan Tinggi. Jurnal Al-Wasith: Jurnal Studi Hukum Islam adalah jurnal studi hukum islam yang diterbitkan olehFakultas Syariah, Institut Agama Islam Imam Gozali Cilacap. Secara kelembagaan, Berdasarkan Keputusan Menterian Agama Republik Indonesia 657 Tahun 2020, mulai 6 Oktober 2020 yang semula Jurnal Al-Wasith: Jurnal Studi Hukum Islam dikelola oleh Fakultas Syariah Institut Agama Islam Imam Ghozali (IAIIG) karena perubahan bentuk menjadi Universitas Nahdlatul Ulama Al Ghazali (UNUGHA) Cilacap, sehingga Fakultas Syariah berubah menjadi Fakultas Keagamaan Islam berikut dengan Program Studi yang berada di Fakultas Tarbiah dan Dakwah di Perguruan Tinggi IAIIG.
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<![CDATA[IHDAD WANITA KARIR PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Singgih Mualim]]>;
<![CDATA[Masruri Masruri]]>
<![CDATA[ Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 1 (2023): Jurnal Al-Wasith : Jurnal Studi Hukum Islam ]]>
Publisher : <![CDATA[Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap ]]>
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DOI: 10.52802/wst.v8i1.720
<![CDATA[The discussion in this research reveals everything related to women in their activities outside the household, where women also have religious regulations that require and limit them in their activities when their husband dies, namely during the period of mourning or ihdad during the 'iddah period, namely 4 months and 10 days. This research explains the views of Islamic law, especially the Shafi'i school of thought, in responding to career women during bereavement. This research uses a library research method. Based on the research results, it was found that for a career woman, even though religious rules do not allow her to leave the house for 4 months and 10 days, for urgent reasons, namely regarding the needs of herself and her family, she is worried that the situation will disturb her faith, so leaving the house for activities is permissible by paying attention to religious rules.]]>
<![CDATA[PEMBUNUHAN SEBAGAI PENGHALANG HAK WARIS PERSPEKTIF MADZHAB MALIKI ]]>
<![CDATA[Ahmad Arif Noeris]]>;
<![CDATA[Istikharoh Istikharoh]]>
<![CDATA[ Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 1 (2023): Jurnal Al-Wasith : Jurnal Studi Hukum Islam ]]>
Publisher : <![CDATA[Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap ]]>
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DOI: 10.52802/wst.v8i1.721
<![CDATA[This research aims to 1). find out how the Maliki Madzhab views murder as an obstacle to inheritance rights; 2). Understand the method of extracting arguments according to the Maliki Madzhab in the case of murder which does not become an obstacle to inheritance rights. The research method used is a type of library research with the object of research being the legal view of killing in relation to inheritance rights, according to the views of the Maliki Madzhab, digging from library sources, in the form of books, scriptures, encyclopedic journals, papers. -Then from these sources we collected the opinions of the Islamic School of Jurisprudence after that we selected the opinions in the Maliki School of thought regarding murder as a barrier to inheritance. The results of the research are that according to the Maliki school of thought, there is only one type of murder that prohibits a person from obtaining an inheritance, namely the type of murder that is carried out intentionally (al-qatl al-'amd) which is based on hostility, whether carried out directly or indirectly. Meanwhile, other types of murder still receive inheritance even though there is a re-division in terms of whether they can accept diyat or not.]]>
<![CDATA[STRATEGI PASANGAN SUAMI ISTRI LONG DISTANCE MARRIAGE DALAM MEMPERTAHANKAN KEUTUHAN KELUARGA ]]>
<![CDATA[Alfinatun Ni’mah]]>;
<![CDATA[Istikharoh Istikharoh]]>;
<![CDATA[Moh. Iljam]]>
<![CDATA[ Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 7 No. 1 (2022): Jurnal Al-Wasith: Jurnal Studi Hukum Islam ]]>
Publisher : <![CDATA[Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap ]]>
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DOI: 10.52802/wst.v7i1.739
<![CDATA[The aim of this research is 1) to determine the factors that cause long distance marriages in Losari Village, Rawalo District, Banyumas Regency. 2) to find out the strategies used by husband and wife couples who carry out long-distance marriages in maintaining family integrity in Losari Village, Rawalo District, Banyumas Regency. This research is field research (field research). The nature of this research is qualitative research, namely research that emphasizes the quality or most important things of a good or service. The most important thing is that goods or services are events, phenomena and social phenomena. The results of this research are first, the factors that cause long distance marriages in Losari Village, Rawalo District, Banyumas Regency are economic or work factors. The strategy used by married couples in long distance marriages is to maintain mutual commitment, maintain mutual communication, continue to carry out each other's rights and obligations as husband and wife, and be loyal to their partner.]]>
<![CDATA[TRADISI MENIKAH PADA HARI RAYA IDUL FITRI DAN IDUL ADHA PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Novi Trianingrum]]>;
<![CDATA[Masruri Masruri]]>
<![CDATA[ Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 7 No. 1 (2022): Jurnal Al-Wasith: Jurnal Studi Hukum Islam ]]>
Publisher : <![CDATA[Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap ]]>
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DOI: 10.52802/wst.v7i1.745
<![CDATA[In Islam, marriage can take place on any day, because all days of the year are good days, a marriage is valid if it fulfills the pillars and conditions of marriage. However, in practice, marriages that occur in communities that are still steeped in Javanese customs sometimes still have rules other than those in the terms and conditions of marriage according to Islamic law. This research aims to determine the practice of wedding traditions on Eid al-Fitr and Eid al-Adha in Planjan Village, the views of the people of Planjan Village towards these traditional practices, and to find out the perspective of Islamic law regarding this tradition. This research is field research using qualitative research methods. The data criteria obtained are primary and secondary data. Data was obtained through observation, interviews and documentation. The research results show that the practice of getting married on Eid al-Fitr and Eid al-Adha in Planjan Village is a solution for the community to get around all the complexities of calculations in the Javanese primbon. The results of interviews with 6 sources show that many people in Planjan Village still carry out this tradition. There are those who trust it completely, there are also those who just respect the suggestions of their parents. It all comes back to each individual's beliefs.]]>
<![CDATA[TITIP AMPLOP SEBAGAI PENGGANTI MENGHADIRI UNDANGAN WALIMATUL ‘URS PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Syukron Choibir]]>;
<![CDATA[Sudirwan Sudirwan]]>
<![CDATA[ Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 7 No. 1 (2022): Jurnal Al-Wasith: Jurnal Studi Hukum Islam ]]>
Publisher : <![CDATA[Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap ]]>
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DOI: 10.52802/wst.v7i1.746
<![CDATA[There are many phenomena or events when someone is invited to attend the walimatul 'urs but does not attend without excuse and only leaves an envelope containing alms or donations as a substitute for attending the invitation. The purpose of this research is to find out the law on entrusting envelopes as a substitute for attending invitations from Islamic legal perspectives. The research method used is the study library method, which is a research method carried out by examining various references and results of similar previous research which is useful for obtaining a theoretical basis regarding the problem to be researched. The results of the research in this thesis are that the law of attending a walimatul 'urs invitation is mandatory if there is no 'udzur. Envelope delivery is not valid to be used as a substitute for attending a walimatul 'urs invitation. Because sunnah worship cannot replace obligatory worship. Attending a walimatul 'urs invitation has mandatory legal status if the invitation meets the requirements as an invitation that must be attended. A person who does not attend the walimah without an excuse will still incur sin. However, if you have an excuse, the legal obligation to attend the invitation will be void. The envelopes or alms he gives still have the value of worship but cannot cancel the obligation to attend the walimah.]]>
<![CDATA[STRATEGI MASYARAKAT KOMPLEK LOKALISASI DANARASA SLARANG DALAM MEMBENTUK KELUARGA SAKINAH ]]>
<![CDATA[Samsul Hidayat]]>;
<![CDATA[Moh. Iljam]]>
<![CDATA[ Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 1 (2023): Jurnal Al-Wasith : Jurnal Studi Hukum Islam ]]>
Publisher : <![CDATA[Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap ]]>
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DOI: 10.52802/wst.v8i1.752
<![CDATA[This research aims to find out the strategies used by the community of the Danarasa Slarang localization complex in forming a sakinah family. This type of research is field research (field research). The research approach used is a qualitative approach. The variable in this research is the dependent variable, namely the strategy of the Danarasa Slarang localization complex community in forming a sakinah family. The research subjects in this study were 3 families drawn from the community of the Danarasa localization complex, Slarang village, Kesugihan District, Cilacap Regency. The data collection methods used were documentation, interviews and observation. Data analysis procedures are carried out using data reduction methods, data presentation, and data evaluation or conclusion. Based on the results of the analysis, it was concluded that the strategy carried out by the people of the Danarasa Slarang localization complex was aimed at one goal, namely to form a sakinah family. The author concludes that they have understood the sakinah family and are able to form a sakinah family.]]>
<![CDATA[TINJAUAN HUKUM ISLAM TERHADAP IMPLEMENTASI PEMBERIAN MAHAR BERUPA TA’LIM AYAT AL-QUR’AN ]]>
<![CDATA[Ratna Komala]]>;
<![CDATA[Misbah Khusurur]]>
<![CDATA[ Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 7 No. 2 (2022): Jurnal Al-Wasith: Jurnal Studi Hukum Islam ]]>
Publisher : <![CDATA[Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap ]]>
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DOI: 10.52802/wst.v7i2.753
<![CDATA[The aim of this research is to find out about the law of giving dowry in the form of recitation of Al-Qur'an verses in marriage from the perspective of the Shafi'i school of thought and the implementation of giving dowry in the form of recitation of Al-Qur'an verses in marriage. The type of research in this thesis is library research, using a qualitative approach, a research procedure that produces descriptive data in the form of written words that must be observed and analyzed. The method used is to examine the legal review of the dowry ta'lim verses of the Koran and matters related to the implementation of the dowry. From the research it can be concluded that in the Syafi'i school of thought, giving a dowry in the form of recitation of Al-Quran verses is permissible (mubah), because the dowry is a dowry in the form of services that can be paid for so that it is legally valid to be used as a dowry in marriage. The implementation or practice of giving dowry in the form of ta'lim verses from the Koran is as follows: The headman asks the prospective bridegroom about the dowry that will be given. The bridegroom answered the dowry by reciting the verses of the Koran. Then the dowry was handed over in the form of recitation of Al-Quran verses witnessed by many people. After the dowry is handed over, the qobul agreement is then carried out. The qobul consent is completed and closed with a prayer.]]>
<![CDATA[KEDUDUKAN MAHAR DALAM AKAD NIKAH PERSPEKTIF IMAM MALIK DAN IMAM SYAFI’I ]]>
<![CDATA[Muhamad Rizki Akmal]]>;
<![CDATA[Idarotul Nginayah]]>
<![CDATA[ Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 7 No. 2 (2022): Jurnal Al-Wasith: Jurnal Studi Hukum Islam ]]>
Publisher : <![CDATA[Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap ]]>
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DOI: 10.52802/wst.v7i2.756
<![CDATA[Dowry is one of the virtues of the Islamic religion in protecting and honoring women by giving them the rights they demand in marriage in the form of a dowry, the size of which is determined by the agreement of both parties. The aim of this research is to find out Imam Malik's opinion about the position of the dowry in the marriage contract and to find out Imam Syafi'i's opinion about the position of the dowry in the marriage contract. The research method used is a type of library research (libery research), namely a series of activities relating to methods of collecting library data, reading and taking notes and processing research materials. The research results tend to be more in line with Imam Syafi'I's opinion because his opinion is final and there is no debate regarding the dowry, namely as a legal condition for marriage, especially as Indonesian citizens, almost the majority adhere to the Imam Syafi'I school of thought, Imam Syafi'I's opinion is also largely included. in the compilation of Islamic law in Indonesia. Because his flexible opinion is easy to accept and is not burdensome for the Indonesian people.]]>
<![CDATA[KRITERIA WALIMATUL ‘URSY YANG WAJIB DAN TIDAK WAJIB DIDATANGI PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Siti Maesaroh]]>;
<![CDATA[Soiman Soiman]]>
<![CDATA[ Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 7 No. 2 (2022): Jurnal Al-Wasith: Jurnal Studi Hukum Islam ]]>
Publisher : <![CDATA[Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap ]]>
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DOI: 10.52802/wst.v7i2.758
<![CDATA[People's lives in general, most of them when attending walimah events do not pay attention to the ethics or criteria contained in the walimah. So that they will freely come to attend the walimah to fulfill the invitation they have received from the inviter. They are also more likely to not care about what it will be like and how the implementation of the walimah they will attend will be like. This research is research that uses library research (library) research methods. Meanwhile, the approach used is a qualitative research approach. Based on the opinion of the Syafi'i Madzhab, the criteria for walimatul 'ursy that must be met are that the implementation of the walimah does not deviate from the applicable rules of Islamic law, such as the absence of evil, for example the provision of wine and singers (hired singers) which if carried out will result in riots or quarrels, something which makes people complacent. Meanwhile, the criteria that are not required to be met include the existence of wrongdoing in the implementation of walimatul 'ursy. Meanwhile, the criteria for walimatul 'ursy in terms of customs or habits are al-'adah al-muhakkamah, which includes good and valid customs or habits (al-'adah as-shahihah.]]>
<![CDATA[URGENSI DAN KONSEKUENSI PEMBACAAN SIGHAT TAKLIK TALAK SETELAH AKAD NIKAH PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Yuda Maulana]]>
<![CDATA[ Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 7 No. 2 (2022): Jurnal Al-Wasith: Jurnal Studi Hukum Islam ]]>
Publisher : <![CDATA[Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap ]]>
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DOI: 10.52802/wst.v7i2.759
<![CDATA[The aim of this research is to find out and understand the urgency and consequences of reading the sighat taklik talak after the marriage contract in a marriage from an Islamic legal perspective. The research method used in this research is a qualitative research approach (Qualitative research), with a library method (Library research). The results and discussion of this research are that there is no legal basis that strictly requires the groom to pronounce the sighat taklik talak after the marriage ceremony, but rather it is a choice or voluntary choice on the part of the groom himself. However, if the divorce agreement has been agreed upon, it cannot be revoked. The existence of divorce taklik is a form of protection of the wife's rights against the husband's arbitrariness in the household. So the right to divorce which basically rests with the husband can also be owned by the wife if in the future the husband denies the contents of the divorce agreement. However, in order for the divorce to actually occur, the wife must report the matter to the Religious Court and pay iwadh as ransom for her husband so that it can then be processed and receive a decision from the judge that the divorce is due to the wife in the name of the husband.]]>
