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Adi Fathurrozi
Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember

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ISTINBAT ABU HANIFAH TENTANG PERNIKAHAN ANAK PEREMPUAN YATIM OLEH WALI NON-MUJBIR Abdul Waris; Adi Fathurrozi
ASA Vol 8 No 1 (2026): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v8i1.196

Abstract

This article examines Abu Hanifah's method of legal reasoning regarding the marriage of an underage orphan girl by a non-mujbir guardian. The issue is significant because it reflects different constructions of guardianship in Islamic family law, particularly between the Hanafi school and the majority of jurists. This study applies normative legal research through library-based analysis, using conceptual and comparative madhhab approaches. The primary discussion is drawn from Hanafi jurisprudential literature, especially al-Sarakhsi's Al-Mabsut, supported by relevant works on Islamic marriage law and legal theory. The study finds that Abu Hanifah permits agnatic guardians other than the father and grandfather to arrange the marriage of a minor, including an orphan girl, provided that the guardian remains within the recognized order of guardianship. Nevertheless, such permissibility is not absolute because the child is granted khiyar al-bulugh, namely the right to continue or annul the marriage upon reaching puberty. The legal foundation rests on Prophetic reports, traditions of the Companions, and the reasoning that a person who has guardianship after puberty may also exercise guardianship during minority. Abu Hanifah's method is predominantly bayani, while also reflecting Hanafi ra'y through analogical reasoning and legal protection. The article concludes that this classical view should be read methodologically rather than as an unconditional justification for child marriage in contemporary family law codification.
REKUALIFIKASI SENGKETA MODAL LELANG BANK DARI PERBUATAN MELAWAN HUKUM MENJADI PERIKATAN UTANG PIUTANG Adi Fathurrozi; Alfiah
ASA Vol 8 No 2 (2026): AGUSTUS
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v8i2.225

Abstract

This article analyzes the legal requalification of a bank auction capital dispute based on Supreme Court Decision Number 1411 K/Pdt/2026. The research focuses on the difference between an unlawful act claim and the Court's determination that the relationship constituted a debt agreement. This normative legal research uses statutory, conceptual, and case approaches. The result shows that the Court examined the substance of the legal relationship through evidence, debt acknowledgment deeds, received funds, and repayment obligations.
ADAT ADALAH HUKUM: TRADISI TINGKEBAN SEBAGAI LIVING LAW MASYARAKAT MASKUNING WETAN Muhammad Holid; Adi Fathurrozi; Aisyah Afkarina
ASA Vol 8 No 2 (2026): AGUSTUS
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v8i2.226

Abstract

The tingkeban tradition is a Javanese cultural practice related to the seven-month pregnancy ceremony as a form of prayer for the safety of mothers and unborn children. In Javanese society, tingkeban or mitoni contains symbolic meanings related to gratitude, spiritual protection, and strengthening social relationships.ยน In Maskuning Wetan Village, Pujer District, Bondowoso Regency, the tradition has a unique local characteristic through the belief that large-scale tingkeban ceremonies should be avoided because they may bring negative consequences to the mother and child. This study aims to analyze the construction of tingkeban tradition as living law, understand the inheritance process of customary beliefs, and examine the relationship between local traditions and Islamic law perspectives. This research employs an empirical legal method using legal anthropology and phenomenological approaches. Data were collected through interviews, observation, and documentation involving community elders, religious leaders, families practicing the tradition, village authorities, traditional birth attendants, and local residents. The analysis was conducted qualitatively by identifying cultural meanings and social norms developed within the community. This study demonstrates that tingkeban functions not only as a cultural ritual but also as a social norm regulating community behavior through collective acceptance. The research contributes to Islamic customary law studies by examining the interaction between local traditions, living law, and religious practices.
Co-Authors Abdul Waris Aisyah Afkarina ALFIAH Muhammad Holid