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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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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