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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

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

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

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

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.

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

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

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.

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

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.

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

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.

Karakteristik Pemikiran Hukum Perkawinan Imam Al-Ghazali dalam Ihya’ Ulum Al-Din Salam, Nor
HOKI : Journal of Islamic Family Law Vol. 2 No. 1 (2024): Jurnal HOKI : Journal of Islamic Family Low
Publisher : Program Studi Hukum Keluarga Islam (HKI) dan bekerjasama dengan Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LP2M) Institut Pesantren Sunan Drajat Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/hki.v2i1.908

This research focuses on al-Ghazali's thoughts regarding marriage law as outlined in his masterpiece, Ihya' Ulum al-Din. To track the focus of the research, a descriptive-analytical research method was used. Through this method, a finding was produced regarding the characteristics of al-Ghazali's thinking regarding marriage law, namely the inadequate explanation of the hadith he quoted, both in terms of istinbath al-ahkam and its validity status. This also includes quoting misogynist hadiths. This was caused by al-Ghazali's obsession with composing Ihya' which was not intended to explain the propositions but rather to provide guidance for every Muslim to obtain Allah's approval.

STUDI TERHADAP MOTIF MEDIATISASI DAKWAH KESETARAAN GENDER DALAM KELUARGA PERSPEKTIF NUR ROFIAH Huda, M Fajrul; Sumbulah, Umi; Salam, Nor
Hudan Lin Naas: Jurnal Ilmu Sosial dan Humaniora Vol 6, No 2 (2025): Jurnal Hudan Linnaas Vol 6 No. 2, 2025
Publisher : Al-Amien Prenduan University, Sumenep

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28944/hudanlinnaas.v6i2.2374

The issue of gender equality between men and women continues to be a global concern, not only in developed countries, but also in developing countries such as Indonesia with a majority Muslim population. Although Islamic teachings are claimed to have emphasised the principle of equality, the practice of gender injustice still occurs because of the strong patriarchal culture, biased interpretation of religious texts, and laws that have not fully sided with women. This inequality appears in the context of family law, such as the designation of the husband as the head of the family in the Marriage Law, which strengthens the social construction of the patriarchal culture itself. This research is empirical and uses a structured interview method with a phenomenological approach. Digital media becomes an innovation and a new space in demonising the discourse of gender equality. One of the figures who utilises this space is Nur Rofiah, through the Ngaji Keadilan Gender Islam (KGI) platform in various online media such as instagram, youtube, and zoom meetings. Nur Rofiah uses the Al-Qur'an interpretation approach with the perspective of women's true justice to raise public awareness of the issue of discrimination against women, especially in the family. This research aims to analyse how Nur Rofiah's motive in mediating da'wah about gender equality through digital media. This study is important because it offers a new perspective on Islamic da'wah strategies that are more flexible and can be reached by many people, as well as being an effective means in building relationships between men and women, husbands and wives in a household with a gender justice perspective.

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