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All Journal JeLAST : Jurnal Teknik Kelautan , PWK , Sipil, dan Tambang Al Furqan: Jurnal Ilmu Al Quran dan Tafsir Jurnal Penelitian Tindakan Kelas Al-Balad : Jurnal Hukum Tata Negara dan Politik Islam USRATUNA: Jurnal Hukum Keluarga Islam JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah
Mustakim, Ahmad
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Religion Humanities Civil Engineering, Building, Construction & Architecture Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Journal : JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah

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URGENSI ‘IDDAH BAGI SUAMI: DINAMIKA PERKEMBANGAN HUKUM: (Studi SE DIRJEN NO:P-005/DJ.III/HK.00.7/10/2021. Tentang Pernikahan dalam Masa Iddah Istri) Mustakim, Ahmad; Fadhil Maarif
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 2 (2025): Mei 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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This study responds to the discourse on the possibility of a waiting period (‘iddah) for men, positioning it as a reflection of ongoing legal development within Islamic law. Although not recognized in classical Islamic jurisprudence, this concept has gained attention following the issuance of Circular Letter No. P 005/DJ.III/Hk.00.7/10/2021 by the Directorate General of Islamic Community Guidance, which recommends a period of restraint for exhusbands before remarrying. While Islamic legal sources provide no textual or scholarly basis for a formal ‘iddah for men, the circular proposes a syibhul ‘iddah (quasi-‘iddah), grounded in the ethical rationale of preventing covert polygamy and protecting the sanctity of the former wife's waiting period. Legally, the circular serves only as a recommendation and carries no binding legal sanction. However, from the perspective of legal benefit (maslahah), it represents a progressive effort to adapt Islamic legal norms to contemporary social realities.Thus, syibhul ‘iddah may be viewed as part of modern Islamic legal discourse promoting justice and social welfare.
KONSEP KHITBAH DALAM ISLAM Mustakim, Ahmad; Kholipah, Nurul
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 2 (2022): Mei 2022
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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In Islam, the issue of marriage is one of the urgent issues regulated in various teachings. The Qur'an and as-Sunnah, the two main sources of Islamic teachings, have much to say on this issue. One of the problems related to premarital issues is the issue of khitbah, namely the proposal (to apply) or the meaning of asking a woman to marry in a way and media commonly known in the community. Khitbah is the process of asking for approval from a woman to become a wife to a man or a man's request for a woman to be a prospective wife. This article focuses on the study of the concept of khitbah in Islam which explains the limitations or issues that need to be done before marriage (premarital). The purpose of this article is to provide khitbah guidelines in the view of Islam to people who are about to get married, so that they are in accordance with Islamic law. As for the types of sermons, there are direct (clear and indirect speech, namely by using sarcastic speech. In making a proposal, you should do it politely and in accordance with local customs. There are several provisions that the suitor needs to know when making a proposal Namely: 1) The suitor may see the woman being proposed to the extent permitted by syara', such as the face and palms. The reason is because by looking at the woman he is marrying will provide a guarantee for the continuity of the husband and wife relationship. 2) Recognize the characteristics of the candidate he is proposing. As well as knowing his face, a suitor also has the right to know the character of the candidate he is proposing. However, in this case the suitor may only ask people close to women. 3) The suitor and the woman he proposes cannot be alone together.
PERGESERAN PARADIGMA PENANGGUNGJAWAB NAFKAH KELUARGA:ANALISIS UU PERKAWINAN DAN GENDER Mustakim, Ahmad; Huda, Afiful
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 1 (2023): Nopember 2023
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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This research responds to the changing societal paradigms regarding family financial responsibility, which traditionally were assigned solely to husbands, as stipulated in Islamic law and marriage regulations. However, the globalization era, marked by intense competition, has shifted individuals' roles away from femininity norms that predominantly consider gender factors, towards competitiveness and skills. Women, as wives, also contribute to supporting their husbands' responsibility for providing family financial support. Wives are not limited to being homemakers addressing household issues but also participate in the public sphere as contributors to family financial sustenance. The research aims to examine this societal paradigm shift through the analysis of Marriage Law and gender perspectives, exploring how Marriage Law and gender views respond to the evolving paradigm of financial responsibility, no longer exclusive to husbands but also shared with wives. The findings indicate that the financial responsibility remains primarily placed on the head of the household, i.e., the husband. However, Islamic law and Marriage Law do not prohibit wives from assisting in earning a livelihood for their families. In fact, Islamic law permits wives to contribute to family financial support. Nevertheless, the natural role of a homemaker mandates that a wife must still care for and nurture her children and fulfill her duties towards her husband, even if she actively contributes to supporting the family financially. From a gender perspective, there is no issue with women assisting in family financial matters or engaging in public activities, as long as they do not neglect their primary responsibilities as husbands and wives. The concept of gender emphasizes equality in roles and responsibilities between husbands and wives, both in the public and domestic spheres.
DASAR WAJIB PATUH PADA UNDANG-UNDANG PERKAWINAN (UUP) DALAM KONTEKS INDONESIA Mustakim, Ahmad; Shinwanuddin, M.
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 2 (2024): Mei 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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This article aims to address the ambiguity or phenomenon developing in society regarding the obligation to comply with the Marriage Law in Indonesia. This is because Indonesians possess dual identities: as Muslims who must follow the rules of our religion, and as citizens of Indonesia who are required to adhere to the laws in force in Indonesia (Positive Law). These dual identities among Indonesian Muslims can become a serious issue if we are not wise in making decisions, especially regarding marriage. As Indonesian citizens and Muslims, we are obliged to comply with the Marriage Law because, as citizens of Indonesia, we are certainly required to follow it. This article addresses this issue by stating that the obligation to comply with the Marriage Law, when aligned with the Qur'an, can be found in Surah al-Nisa' (4:59) as a legal argument. This position arises because, in addition to being commanded to obey Allah and the Prophet, we are also commanded to obey those in authority (Ulil Amri), who, in the context of Indonesia, refers to the government/leaders. The relevance of the Marriage Law to Ulil Amri is that the Marriage Law is a product of the government. Ulil Amri includes a combination of leaders, Umara, and society working together for the welfare of the community, which means that as Indonesians and Muslims, we are obliged to obey it.
Urgensi Kedudukan Wali dalam Pernikahan Mustakim, Ahmad; Arham, Muhammad
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 1 (2024): Nopember 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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This study aims to address issues regarding the significance of a guardian (wali) in marriage. A marriage guardian is the person entitled to marry off a woman to a man of her choice. The wali acts on behalf of the bride in the marriage contract (akad nikah). Both the guardian and witnesses are responsible for ensuring the validity of a marriage contract. The purpose of this research is to educate the public about the importance of the wali's presence in marriage so that people do not easily disregard the role of the wali due to certain circumstances. The findings of this study reveal that the role of a wali is crucial in a marriage, as the wali is a fundamental pillar determining the validity of the marriage. Therefore, the position of the wali requires special attention, especially in conducting a marriage ceremony. The urgency of the wali's role is also emphasized in the Qur'an, Hadith, as well as in Indonesian laws, including the Compilation of Islamic Law and the Marriage Law.
Co-Authors Arham, Muhammad Choirudin, Choirudin Elpipit Elpipit Fadhil Maarif Ferry Juniardi Huda, Afiful Kholipah, Nurul Lukman Hakim Muda'i, Syaiful Mujahidin, M. Mujib Ridwan, Abdul Ngaliyah, Jannatul Nuriskandar, Lalu Hendri Rani Darmayanti Shinwanuddin, M. Sholihah, Fariha Akmaliatu Sugitanata, Arif Umami, Hafidhul Wawan Wawan Yosomulyono, Sutarto