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Al-Muqaranah : Jurnal Perbandingan Mazhab dan Hukum
Published by Universitas Islam Zainul Hasan Genggong
ISSN : 30256976     EISSN : 30253071     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Other
AL-MUQARANAH: Jurnal Perbandingan Mazhab dan Hukum adalah Jurnal yang diterbitkan oleh Prodi Perbandingan Madzhab Fakultas Syariah Universitas Islam Zainul Hasan Genggong Probolinggo, Jawa Timur, Indonesia. Jurnal ilmiah ini mempublikasikan karya-karya tulis terkait dengan kajian perbandingan hukum, baik itu antara hukum Islam dan hukum positif, ketokohan mazhab, maupun pemikiran hukum Islam (konvensional dan kontemporer). Jurnal ini diterbitkan dua kali dalam satu tahun (Februari dan Agustus). Redaksi mengundang akademisi, dosen, dan peneliti untuk ikut menulis artikel di jurnal ini. jurnal ini merupakan edisi cetak versi online yang diterbitkan oleh Prodi Perbandingan Madzhab Fakultas Syariah Institut Ilmu Islam Zainul Hasan Genggong Probolinggo, Jawa Timur, Indonesia.
Arjuna Subject : Umum - Umum
Articles 5 Documents
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Search results for , issue "Vol 2 No 1 (2024): Vol 2 No 1 Februari 2024" : 5 Documents clear
Perilaku ghasab di Pondok Pesantren Darul Lughah Wal Karomah Sidomukti Kraksaan Probolinggo dan antisipasinya Arifin, Syamsul; Yazid Adnan Quthny, Abu
AL-MUQARANAH Vol 2 No 1 (2024): Vol 2 No 1 Februari 2024
Publisher : Prodi Perbandingan Madzab Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jpmh.v2i1.339

Abstract

This research discusses ghasab at the Darul Lughah Wal Karomah Islamic Boarding School, Sidomukti, Kraksaan, Probolinggo. This research aims to reveal the causes of acts of ghasab at the Darul Lughah Wal Karomah Islamic Boarding School, as well as anticipating what can be offered to overcome this ghasab culture. The life of students in a religious environment does not mean that their behavior does not conflict with religious values or norms that apply to society. Islamic boarding school regulations that are set do not necessarily mean that student behavior is always normal and in line with the objectives of the regulations. Various forms of social deviation among students occur and cause problems for Islamic boarding schools. One of these deviant behaviors is ghasab. This research is qualitative in nature. The subjects of this research included caregivers, administrators, ustadz, and students. Data collection was carried out using observation, interviews and documentation methods. Data analysis was carried out by interpreting the data using a phenomenological approach and then drawing descriptive conclusions. The results of the research show: 1) Ghasab behavior at PP Darul Lughah Wal Karomah is caused by 2 factors, namely individual factors: weak awareness of students not to commit ghasab, liking to belittle things that are ghasab, traditions inherited from the previous environment (Islamic boarding school), lack of deterrent effect in action. . Environmental Factors: Lack of role models, too close interaction patterns. The anticipation or solutions provided are: changing perceptions about ghasab, setting an example not to commit ghasab, making regulations about ghasab that create a deterrent effect for students.
Penetapan wali adhol dalam perspektif hukum islam dan hukum positif Sholihah, Faridatus; Yuliardy Nugroho, Irzak
AL-MUQARANAH Vol 2 No 1 (2024): Vol 2 No 1 Februari 2024
Publisher : Prodi Perbandingan Madzab Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jpmh.v2i1.340

Abstract

One of the pillars of marriage is having a guardian on the part of the prospective bride, but in reality not all lineage guardians are willing to marry off their daughters, guardians who are reluctant to marry are called adhol guardians. This article will examine the case of determining an adhal guardian in the Kraksaan Religious Court case decision Number: 0078/Pdt.P/2020/PA.Krs. This research aims to determine the legal status of adhol guardians according to Islamic law and positive law, and to determine the factors that cause applications for adhol guardians at the Kraksaan Religious Court. The research method used is qualitative/field research (field research) where this research is descriptive. The data collection method was carried out through observation and interviews. The data sources used come from primary data and secondary data. The data analysis used is qualitative data analysis with an inductive thinking approach. Based on the results of the research, it was concluded that the legal status of the adhol guardian according to Islamic law and Positive law is valid, based on Islamic law, namely paying attention to qoidah fiqhiyyah and also in the 24th letter of the Al-Nur verse 32 of the Al-Qur'an there is an order to marry men and women who alone is worthy of marriage. And based on positive law, namely Law Number 1 of 1974 concerning marriage, article 23 of the Compilation of Islamic Law. The main factor is that many people apply for adhold guardians at the Kraksaan Religious Court because fathers as lineage guardians are reluctant to marry off their daughters for various reasons.
Hak asuh anak pasca perceraian dalam perspektif hukum islam dan hukum positif di Indonesia Rahman, Babur; Paripati Qomaria , Nanik
AL-MUQARANAH Vol 2 No 1 (2024): Vol 2 No 1 Februari 2024
Publisher : Prodi Perbandingan Madzab Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jpmh.v2i1.341

Abstract

This article discusses child custody rights after divorce from the perspective of Islamic law and civil law. The provisions regarding child custody are contained in Law no. 1 of 1974, stated in article 54 paragraph (2) "That parents are obliged to look after their children until they marry or can stand on their own". In the system that has prevailed in many communities, the responsibility for caring for children is more suited to a woman. Because this is because most women with a "feminine" temperament tend to care, as if this care is natural for a woman. And based on a hadith from the Prophet sallallaahu'Alaihi wa Sallam, he said: "You have the right to take care of him as long as you have not remarried." (HR. Abu Dawud). This hadith shows that a woman (mother) has the most right to care for her child when her husband divorces her. However, the right to hadhalah does not always fall to the mother, the husband also has the right to have the same rights as the mother, if the conditions for determining the mother do not meet the criteria for providing for the child's interests, such as being apostate, having no noble character, being crazy, and so on. Because when it comes to raising children, the first thing that must be considered is the interests of the child and having the ability and ability to provide a sense of security to children who are victims of divorce.
Konsep keluarga sakinah dalam keluarga karir menurut hukum islam (studi kasus Desa Asembagus Kecamatan Kraksaan) Rohmatullah, Rizki; Syafi’i, Imam
AL-MUQARANAH Vol 2 No 1 (2024): Vol 2 No 1 Februari 2024
Publisher : Prodi Perbandingan Madzab Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jpmh.v2i1.342

Abstract

Creating a sakinah mawaddah warahmah family is a benefit for every married couple in the midst of modernization which is currently taking place and has an impact on the socio-cultural environment around the family. Along with the times, the development of society's mindset and the increasingly intense struggle for gender equality in society, there is still perceived inequality towards women, then gradually women are starting to struggle to take their position in the public arena. The research method used is qualitative/field research (field research) where this research is descriptive. The data collection method was carried out through observation and interviews. The data sources used come from primary data and secondary data. The data analysis used is qualitative data analysis with an inductive thinking approach. Based on the research results, it was concluded that the concept of Sakinah in the career family according to Islamic law in Asembagus Village was formed on the basis of strong religion and an attitude of mutual openness and mutual respect between family members, working together to meet the needs of the family both spiritually and spiritually. honesty and tolerance taught to children and other family members, as well as always being grateful for the blessings and sustenance given by Allah SWT.
Pernikahan dini perspektif hukum islam dan hukum positif Sanusi, Anwar; Haqiqi Amirulloh, Luqman
AL-MUQARANAH Vol 2 No 1 (2024): Vol 2 No 1 Februari 2024
Publisher : Prodi Perbandingan Madzab Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jpmh.v2i1.343

Abstract

Islam strictly speaking does not have rules that determine the age limit for marriage, based on Islamic law basically all age levels can enter into marriage. In Islam, the conditions for marriage are 'aqil and puberty which do not look at age limits. The method used is library research, namely by reading and studying books and writings that are related to the object of discussion, namely early marriage according to Islamic law and statutory regulations in Indonesia. The results of this research include: Ulama have different opinions regarding the age of marriage, including: Most Maliki madzhab ulama are of the opinion that the age limit for menstruation for women and men is 17 years or 18 years. Abu Hanifah believes that the age of puberty is 19 years or 18 years for men and 17 years for women. Imam Syafi'i, Ahmad, Ibnu Wahab and Jumhur are of the opinion that this is at the perfect age of 15 years. According to Marriage Law no. 1/1974 as a positive law in force in Indonesia, sets the age limit for marriage at 19 years for men and 19 years for women. In article 6 paragraph (2), it is stated that a person is said to be an adult if they reach the age of 21 years, so that in carrying out a marriage there is no need to obtain permission from both parents. The problem of early marriage in Indonesia according to Islamic law and Law no. 1 of 1974 concerning Marriage is based on the interests of children's rights, so that children can spend their time playing and studying. Apart from that, it is also necessary to pay attention to the impacts caused by early marriage, because they are not mature in thinking and resolving problems in marriage. So the goal of a mawwadah and rahmah marriage is not achieved optimally.

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