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All Journal DE JURE SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Substantive Justice International Journal of Law Al Yasini : Jurnal Keislaman, Sosial, hukum dan Pendidikan FiTUA : Jurnal Studi Islam ABDIMASY: Jurnal Pengabdian Kepada Masyarakat Epistemé: Jurnal Pengembangan Ilmu Keislaman Jurnal Hukum Islam dan Hukum Keluarga
Salam, Nor
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Kepemimpinan dan Nafkah Keluarga dalam Perspektif Nalar Tekstualis Ibn Hazm Al-Dzahiriy Salam, Nor
De Jure: Jurnal Hukum dan Syari'ah Vol 11, No 1 (2019)
Publisher : Fakultas Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (998.51 KB) | DOI: 10.18860/j-fsh.v11i1.6574

Abstract

This study is motivated by the emergence of an assessment of the Dzahiriyah Islamic jurisprudence product, which on the one hand places the textual Dzahiriyah jurisprudence into the category of static jurisprudence, while on the different side it clearly shows the progress of the Dzahiriyah jurisprudence product. Through a study of the book of al-Muhalla written by Ibn Hazm, one conclusion is obtained that the Dzahiriyah madrasah fiqh products have relevance to efforts to build male and female relations in partnership family law and not superior-inferior positions. This can be seen from Ibn Hazm's view of leadership and conditional living in the family. Men and women alike have the possibility of becoming providers and leaders.Kajian ini dilatarbelakangi oleh munculnya penilaian terhadap produk fiqih madzhab Dzahiriyah, yang di satu sisi menempatkan pola pikir tekstualis fiqih Dzahiriyah ke dalam kategori pemikiran fiqih yang statis, sementara pada sisi yang berbeda justru secara jelas menunjukkan progresifitas produk fiqih Dzahiriyah. Melalui kajian terhadap kitab al-Muhalla yang ditulis oleh Ibn Hazm, diperoleh satu kesimpulan bahwa produk fiqh madzhab Dzahiriyah memiliki relevansi terhadap upaya membangun hubungan laki-laki dan perempuan dalam hukum keluarga yang bersifat kemitraan dan bukan posisi superior-inferior. Hal ini dapat dilihat dari pandangan Ibn Hazm tentang kepemimpinan dan nafkah dalam keluarga yang bersifat kondisional. Laki-laki dan perempuan sama-sama memiliki kemungkinan menjadi pemberi nafkah dan pemimpin.
Dimensions of Maqāṣid Al-Sharī‘ah and Human Rights in the Constitutional Court’s Decision on Marriage Age Difference in Indonesia Purnomo, Agus; Salam, Nor; Zamzami, Mukhammad; Bakar, Abu
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i3.13283

Abstract

This article analyzes the Constitutional Court's ruling on the difference in marriage age between men and women as contained in Decision Number 22/PUU-XV/2017 and examines whether the decision guarantees the protection of human rights. Methodologically, the study is a normative research using the maqāṣid al-sharī'ah approach and human rights as analytical tools. The data analyzed are Constitutional Court decisions, journal articles, books and various literature related to the discussion. The study concluded that the Constitutional Court's ruling on the age limit for marriage contains aspects of maqāṣid al-sharī'ah in the form of considerations to prevent harm. This is in line with the general rule in Islamic law of avoiding damage (mafsadah) which must take precedence over efforts to achieve benefit. Another aspect of maqāṣid in the Constitutional Court's ruling is that it affirms the protection of life (ḥifẓ al-nafs), either through the enforcement of qiṣāṣ (retributive justice) or the protection of children or minors. This legal principle can also mean protection from all forms of discrimination and violence, all of which are assessed in the ruling. Viewed from a human rights perspective, the ruling is closely related to the affirmation of discriminatory treatment of women, as the main objective of basic human rights and must be protected. However, this decision also cannot be interpreted as an equality of women with men. Gender differentiation does exist but should not result in harm.  
Interfaith Marriage from the Perspective of Rationality: Theocentrism in Islamic Law and Anthropocentrism in Human Rights Law Salam, Nor; Purnomo, Agus; Saifullah, Saifullah; Ahmad, Sirojuddin
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.23989

Abstract

This article stems from a theoretical debate concerning interfaith marriage as formulated within Islamic and human rights laws. While Islamic law tends to prohibit interfaith marriage, human rights instruments view it as an individual's right and freedom. Therefore, this research aims to scrutinise the argumentative basis of Islamic law and human rights law regarding interfaith marriage. To address this focal issue, this study employed a literature research model reliant on content analysis, bearing the result concluding that the disparity in formulations between Islamic law and human rights law regarding the legality of interfaith marriage is due to their differing argumentative bases: Islamic law is rooted in theocentrism, whereas human rights law is rooted in anthropocentrism. However, by examining the opinions of contemporary thinkers regarding maqashid sharia, there appears to be a paradigm shift in theocentrism of Islamic law so that in the context of interfaith marriage, both Islamic law and human rights can justify it as part of a person's human rights.
The Influence of Positivism and Empirism in The Enforcement of Islamic Inheritance Law in Indonesia Zaman, Jamrud Qomaruz; Sholeh, Achmad Khudori; Fadil, Fadil; Salam, Nor; Binti Ros Azman, Aina Sofea
Susbtantive Justice International Journal of Law Vol 7 No 1 (2024): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v7i1.267

Abstract

Positivism and empiricism are modern paradigms become the basic guidelines for the schools of legal philosophy, namely legal positivism and legal realism. However, the current condition in Indonesia is dominated by the paradigm of legal positivism so that everything must be by written law. The practice of inheritance division that is always based on the concept of 2:1 as in the Compilation of Islamic Law is felt to be incompatible with community justice. The purpose of this research is to enrich the study of the positivism and empiricism paradigms as a renewal of Islamic inheritance law in Indonesia. The benefit of this research is to inform that the integration of positivism and empiricism in law will produce competent law enforcement. This research is a normative research with a conceptual approach and data sources in the form of literature and data analysis techniques, namely evaluation. The results of this research are; (1) The factor that causes judges in Indonesia to use the judicial restraint approach excessively as a characteristic of legal positivism is the legal culture of the application of the civil law legal system. (2) The solution to the problem offered is to borrow Fazlur Rahman's double movement theory, namely historical contextualisation by taking universal values from the norm. Therefore, it is time for judges to be free to move to realize moral justice within the limits set by the Constitution and the Law on Judicial Power.
THE PRINCIPLE OF PROPORTIONALITY IN THE ISLAMIC INHERITANCE SYSTEM: ASAS PROPORSIONALITAS DALAM SISTEM WARIS ISLAM Salam, Nor
Al Yasini : Jurnal Keislaman, Sosial, hukum dan Pendidikan Vol 8 No 1 (2023)
Publisher : Konsorsium Dosen Sekolah Tinggi Agama Islam (STAI) Al-Yasini Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55102/alyasini.v8i1.5251

Abstract

this study is motivated by the debate about the existence of inheritance law in Islam which is often stigmatized as a law that is not friendly to equality between men and women. This background will then be examined in this paper by offering a perspective on the principle of proportionality as the basis of Islamic inheritance law. Through normative-doctrinaire methods of legal studies, this study concludes that the principles of inheritance are eclectic between the principle of proportionality and the principle of justice. This has implications for social propriety that can be between one period of time and another or between one community and another community has different standards. Keywords: Principle of proportionality, Islamic law
NEGOTIATING THE RULE OF LAW AND HUMAN RIGHTS IN INTERFAITH MARRIAGE REGISTRATION IN CONTEMPORARY INDONESIA Salam, Nor; Zaman, Jamrud Qomaruz
Epistemé: Jurnal Pengembangan Ilmu Keislaman Vol 19 No 01 (2024)
Publisher : UIN Sayyid Ali Rahmatullah Tulungagung, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/epis.2024.19.01.117-145

Abstract

The Supreme Court Circular Letter Number 2 of 2023, which prohibits the registration of interfaith marriages in Indonesia, aims to provide legal clarity following longstanding debates fueled by the abstract nature of existing norms. While the circular seeks to enforce uniformity in marriage regulations, it raises concerns regarding human rights, especially the rights to freedom, equality, and the pursuit of happiness, which are central to democratic governance. This article seeks to examine interfaith marriage registration by utilizing normative and human rights perspectives to explore its legal foundations and implications within Indonesia’s modern context. The analysis highlights tensions between national law and international human rights conventions, suggesting that interfaith marriage registration should be recognized as a legal right that upholds citizens’ freedoms, religious autonomy, and equality before the law. By situating interfaith marriage within Indonesia’s framework of Islamic jurisprudence (fiqh), legal statutes, and human rights conventions, this article highlights the importance of balancing legal uniformity with the protection of individual rights in a democratic, constitutional state.
PEMBERDAYAAN MEDITOR LOKAL SEBAGAI PROBLEM SOLVER DALAM SENGKETA PERCERAIAN MASYARAKAT MUSLIM DESA KALISAT PASURUAN Salam, Nor; Nurcholis, Moch.; Junaidin, Junaidin
ABDIMASY: Jurnal Pengabdian Kepada Masyarakat Vol. 2 No. 1 (2023): Juni 2023
Publisher : LPPM Institut Agama Islam Bani Fattah Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/abdimasy.v2i1.2009

Abstract

The activity with the theme “Empowering Local Meditors as Problem Solvers in Divorce Disputes in the Muslim Community of Kalisat Pasuruan Village” was motivated by the presence of a Supreme Court Regulation (PERMA) with one of its “doctrines” namely the validity of mediators who are entitled to mediate in divorce disputes are mediators consisting of judges or non-judge but certified mediators. This has implications for the "oppression" of local mediators with a wealth of functional insight into the life of village communities. For this reason, in this mentoring program, we use Asset Based Community Development (ABCD) as the approach used. This departs from the initial assumption that local mediators have the ability and insight that are functional in people's lives, primarily related to divorce dispute resolution. Through this mentoring program, there is an increase in the understanding of mediators in understanding and practicing mediation which is known outside the provisions of fiqh, as a companion to the abilities they already have.
Interfaith Marriage Among the Tengger-Tosari Community in Pasuruan: Between Religious Normativity and Cultural Reality Salam, Nor; J, Irwan Supriadin
FiTUA: Jurnal Studi Islam Vol 6 No 1 (2025): June
Publisher : STIT Sunan Giri Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47625/fitua.v6i1.1091

Abstract

The focus of this article is to discuss the reality of interfaith marriages that occur among the Tengger-Tosari community in Pasuruan, in addition to the pattern of legal smuggling they do to obtain legal recognition of interfaith marriages. This is an interesting topic to study in order to complement general studies on interfaith marriage that tend to focus only on formal legal issues. Therefore, this research uses a socio-legal research model, which is a combination of doctrinal legal research methods and empirical legal research. Through this method, it is concluded that legal avoidance through submission to one of the prospective partner's religions is the main avoidance model among the Tengger Tosari community. However, this conversion is not permanent, because data from interviews with informants show that after the marriage takes place, they tend to return to their original religion. so the disposition of this research illustrates interesting field facts. in the future, researchers can enrich similar research by describing quantitative data that can be approached with mixed method research to find the exact number and perceptions of the perpetrators of interfaith marriages.
PERSPEKTIF MUSLIM PROGRESIF IJTIHADIS TENTANG NUSYUZ: APLIKASI TAWARAN METODOLOGIS ABDULLAH SAEED Salam, Nor
FiTUA: Jurnal Studi Islam Vol 3 No 2 (2022): DECEMBER
Publisher : STIT Sunan Giri Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47625/fitua.v3i2.431

Abstract

This study focuses on the application of Abdullah Saeed's methodological proposition to deconstruct the meaning of nusyuz. Nusyuz itself in the context of classical fiqh studies is often assumed to be a wife's disobedience to her husband, and therefore, in the face of this condition, a man is allowed to beat her. Through this study, the concept of nusyuz as indoctrinated in classical fiqh is considered to be contrary to efforts to protect women from various forms of violence. Thus, the act of beating must be interpreted as a husband's indifference to his wife.
KONSEP ALTERNATIF PENYELESAIAN SENGKETA DAN APLIKASINYA DALAM HUKUM KELUARGA Salam, Nor
Al-Usroh Vol. 3 No. 2 (2023): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i2.2248

Abstract

This study is methodologically a descriptive study that focuses on tracking the basic concepts of alternative dispute resolution as well as their application in the context of family law (fiqh al-usrah). The conclusions of this study show that even historically, the birth of the concept of alternative dispute resolution is more related to the business world which requires patterns of dispute resolution quickly and efficiently. However, legal dispute resolution patterns based on this model can also be applied in the field of fiqh al-usrah. In fact, dispute resolution through such a process is in line with the moral ideal of the Quran which requires that any dispute resolution must be built on the principle of al-ishlah, including in the context of family law.
Co-Authors Abu Bakar Agus Purnomo Ahmad, Sirojuddin Binti Ros Azman, Aina Sofea Fadil, Fadil J, IRWAN SUPRIADIN Junaidin, Junaidin Moch. Nurcholis Mukhammad Zamzami Saifullah Saifullah Sholeh, Achmad Khudori Zaman, Jamrud Qomaruz