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All Journal Kertha Semaya POSITRON Jurnal Neutrino : jurnal fisika dan aplikasinya Al-Risalah : Jurnal Imu Syariah dan Hukum Islam Futura Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum AL QUDS : Jurnal Studi Alquran dan Hadis Maqasid: Jurnal Studi Hukum Islam Dinamisia: Jurnal Pengabdian Kepada Masyarakat Kamaya: Jurnal Ilmu Agama KABILAH : Journal of Social Community Islamika : Jurnal Ilmu-Ilmu Keislaman Al-Usrah : Jurnal Al-Ahwal As-Syakhsiyah At-Tafkir Jurnal Keperawatan Komprehensif (Comprehensive Nursing Journal) Unes Law Review Journal of Humanities and Social Studies Sarwahita : Jurnal Pengabdian Kepada Masyarakat Prologia MUKADIMAH: Jurnal Pendidikan, Sejarah, dan Ilmu-ilmu Sosial Risenologi AL-Ishlah : Jurnal Ilmiah Hukum Jurnal Darma Agung Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam LEGAL BRIEF Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Journal Of Human And Education (JAHE) PROSIDING SEMINAR NASIONAL FISIKA (E-JOURNAL) Jurnal Fuaduna: Jurnal Kajian Keagamaan dan Kemasyarakatan Al-Istinbath: Jurnal Hukum Islam Journal of Student Research QANUN: Journal of Islamic Laws and Studies Jurnal Ilmiah Dan Karya Mahasiswa Jurnal Kajian dan Penelitian Umum Sufiya Journal Of Islamic Studies Kultura: Jurnal Ilmu Sosial dan Humaniora Mutiara: Jurnal Penelitian dan Karya Ilmiah Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Student Research Journal Aladalah: Jurnal Politik, Sosial, Hukum dan Humaniora Nian Tana Sikka: Jurnal Ilmiah Mahasiswa IIJSE Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Aksioreligia : Jurnal Studi Keislaman Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Jurnal Pengabdian Masyarakat dan Riset Pendidikan JURNAL ILMIAH PENELITIAN MAHASISWA Relinesia: Jurnal Kajian Agama dan Multikulturalisme Indonesia Jurnal Budi Pekerti Agama Islam Tabayyun : Journal of Islamic Studies Tabayyanu : Journal of Islamic Law Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum Fatih: Journal of Contemporary Research Mesada: Journal of Innovative Research Albayan : Journal of Islam and Muslim Societies Jurnal Abdimas Sains Jurnal Teologi Islam At-Tadris: Journal of Islamic Education
Heri Firmansyah
Universitas Islam Negeri Sumatera Utara
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Problematika Kesaksian Talak dalam Pengadilan Agama Menurut Fiqih Islam dan KHI Umar Umar; Mhd. Amar Adly; Heri Firmansyah
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 3 No. 1 (2025): Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v3i1.1724

Abstract

Divorce (Talak) is an act that dissolves the marital bond between husband and wife. Divorce is categorized into two types: Talak Raj’i and Talak Bain. In Islamic law, the dissolution of marriage does not necessarily require the presence of a third-party witness. This discrepancy p This study aims to examine the legal foundation of Islamic jurisprudence and KHI concerning the dissolution of marriage, focusing on the differences between these two legal frameworks. Employing the Library Research method, the researcher gathered data related to this issue. The findings reveal significant differences between Islamic jurisprudence and the KHI regarding This difference arises because the two legal frameworks are based on distinct legal foundations, resulting in varied applications. From the discussion, it is clear that divorce declarations should not need to be repeated in front of a judge in religious courts. Based on the consensus (ijma’) of Islamic scholars, the involvement of third parties is unnecessary to validate a divorce. Institsbat) the divorce, meaning the husban This approach aligns with other cases, such as unregistered marriages (nikah siri), where the marriage.
Qawaid Fiqhiyyah Tentang Zihar Heriamsyah Simanjuntak; Mhd Amar Adly; Heri Firmansyah
Jurnal Budi Pekerti Agama Islam Vol. 2 No. 5 (2024): October : Jurnal Budi Pekerti Agama Islam
Publisher : Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/jbpai.v2i5.544

Abstract

This research aims to examine the concept of Zihar in the Islamic context, which refers to the action of a husband who utters words that resemble his wife with something that is haram for him, such as a mother or sister, without being accompanied by a legal divorce. The practice of Zihar is seen as a reprehensible act and contrary to the principles of justice and equality in husband-wife relationships in Islam. This research uses qualitative research methods which aim to describe data through a series of sentences. The method chosen is the descriptive method, which relies on data sources in the form of words, images and information from books, journals and other scientific works. The research results show that in the Qur'an, Allah confirms the prohibition against Zihar and determines kafarat (ransom) as a consequence of this action. Zihar speech should be avoided by husbands under all circumstances, emphasizing the importance of respect, justice and equality in the husband-wife relationship. Zihar is considered an illegal form of divorce in Islam, and although it does not directly result in divorce, makes the wife unlawful for the husband without a legal divorce process. The importance of good and understanding communication between husband and wife is also highlighted to prevent actions that are detrimental to either party. In addition, the consequences of Zihar in Islamic law and its impact in maintaining harmony and justice in husband-wife relationships are explained in detail. This research also confirms that Zihar is not an accepted practice in Islamic teachings, and that this act can have serious consequences in the husband-wife relationship. In a modern context, understanding the laws of Zihar can help Muslims maintain a just and harmonious marriage relationship in accordance with religious teachings.
Etika dan Hukum Pernikahan dalam Islam: Panduan Menuju Pernikahan yang Harmonis Indah Amani Lubis; Nurmala Dewi Lubis; Muhammad Amar Adly; Heri Firmansyah
Journal of Student Research Vol. 3 No. 3 (2025): Journal of Student Research
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jsr.v3i1.3598

Abstract

Marriage in Islam is not only seen as a socially legitimate bond, but also as a part of deep worship. The process towards marriage begins with engagement, which contains various ethical and legal values that must be considered by both parties. This article aims to examine the ethics and laws related to engagement in Islam, with a focus on the procedures for engagement, the rights and obligations of prospective husband and wife, and legal views on physical and social attachment during the engagement period. This study concludes that although engagement is not legally binding like marriage, there are moral and social rules that must be respected, including maintaining the honor and boundaries of interaction between prospective husband and wife. This article also highlights the importance of understanding the rights and obligations of each party during the engagement period, which can lead to a sacred and harmonious marriage.
Ahkam Az-Zawaj; Hukum-Hukum Perkawinan: Kitab Fathul Mu’in Bi Syarhi Qurratil ‘Ain Bi Muhimmatiddin Faishal Faishal; Mhd. Amar Adly; Heri Firmansyah
Student Research Journal Vol. 3 No. 1 (2025): Student Research Journal
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/srj-yappi.v3i1.1689

Abstract

This study aims to examine the laws of marriage as outlined in the Fathul Mu’in Bi Syarhi Qurratil ‘Ain Bi Muhimmatiddin manuscript through an analysis of Islamic jurisprudential sources and principles. The research employs a qualitative method based on a literature study with a descriptive-analytical approach. The focus includes explanations of marriage laws under various circumstances, encompassing obligatory, recommended, disliked, prohibited, and permissible rulings, aligned with Islamic jurisprudential principles and individual contexts. The findings reveal that marriage laws in Islam are flexible and adaptable, depending on the illah (legal reasoning) or conditions of individuals, as elaborated in the referenced text and supported by the Qur'an and Hadith. The research addresses the issues of how Islamic marriage laws are applied and how this text contributes to both theoretical and practical understandings of marriage jurisprudence.
Dalil Hukum Wali, Saksi dan Usia Menikah Fatimah Fatimah; Mhd. Amar Adly; Heri Firmansyah
Student Research Journal Vol. 3 No. 1 (2025): Student Research Journal
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/srj-yappi.v3i1.1710

Abstract

The position of the guardian in the marriage contract is a very important aspect in determining the validity of a marriage contract between a male and female couple. What is meant by guardian in marriage is someone who acts on behalf of the bride in a marriage contract. Indeed, there is not a single verse in the Koran that clearly (explicitly) explains the existence of a guardian in a marriage contract. To realize this goal, there are the pillars of marriage, namely the groom, the bride, the guardian, two witnesses and the consent qobul. There is a very striking difference among the scholars of the four two pillars of marriage, namely: guardian and two witnesses. Some of the four school of thought scholars include it as a pillar and some do not include it as a pillar; some say it is a valid requirement and there are also those who say it is only a complement. Departing from this background, there is a question, what is the position of guardians and witnesses in marriage according to the four schools of thought? Answering this question, the number of ulama argued that guardians and witnesses are one of the pillars of marriage and are a benchmark for the validity of a marriage. Hanafiyyah ulama said that guardians are only complements. The Malikiyyah ulama place witnesses under Sunnah law, but require the presence of a guardian when having intimate relations. Then the age limit for marriage in Islam was analyzed by sectarian scholars. To find out what the age limit for marriage is in Islam, it was then analyzed by Islamic school scholars. Islam itself does not limit the ideal age for marriage. However, in general, what is commonly known is that they are baliq, have good sense, are able to distinguish between good and bad so that they can give consent to marriage, when the time has come for someone to get married (buluq an-nikah), with the word "rusyd". The fuqaha have different opinions regarding the age limit for marriage, where the Shafi'i and Hanbali schools argue that the ideal age for marriage is 15 years, while Abu Hanifa believes that the age of maturity comes at 19 years for women and 17 years for men, others Likewise, Imam Malik believes that the ideal age of maturity is 18 years for both men and women.
Hukum Hak Asuh Anak Dibawah Umur dalam Masyarakat Adat Karo di Desa Paribun, Kecamatan Barus Jahe, Kabupaten Karo, Sumatera Utara Muhammad Hajatoleslam Siregar; Mhd. Amar Adly; Heri Firmansyah
Student Research Journal Vol. 3 No. 1 (2025): Student Research Journal
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/srj-yappi.v3i1.1715

Abstract

This research analyzes the custody rights of minor children due to the termination of their parents' marriage relationship with references to the Marriage Law, the Compilation of Islamic Law and the application of Karo customary law. The research method used in this research is normative juridical. The research location is in the Paribun area, Barusjahe sub-district, Karo district, North Sumatra. The right to care for children in Article 45 of Law Number 1 of 1974 Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law explains that if the child is still not yet mumayyiz child care is assigned to the mother, when the child is mumayyiz it can be given the right to child. to decide whether to be raised by father or mother. The Law on Marriage states that fathers and mothers as guardians are obliged to take good care of their children. Parents' obligations to their children have 2 (two) commitments, namely nurturing and educating. Caring means providing support for children, such as clothing, food and shelter. Educating means providing teaching to children, whether given specifically by parents through good guidance and direction, or given formally through sending children to school. Parents' obligations to their children will not end with the dissolution of the parents' marriage, because the dissolution of the marriage is either due to live divorce, death divorce, or due to court execution. Batak customary law in raising children is based on a patrilineal framework with the condition that the child will carry on the clan from the father's line, thus child care is borne by the father.
Teori Dalil Hukum Hadhanah Rachmat Husein Rambe; Mhd. Amar Adly; Heri Firmansyah
Student Research Journal Vol. 3 No. 1 (2025): Student Research Journal
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/srj-yappi.v3i1.1716

Abstract

This research is research on custody rights or hadhanah for underage children, child custody or hadhanah is one of the problems that arises when a husband and wife divorce, especially those who already have one or more children. , hadhanah is the task of looking after or caring for babies/small children who are not yet able to look after and regulate themselves. Receiving care and education is the right of every child from both parents. The child's parents are the ones who are more important in carrying out this task, as long as both of them have the ability to do so. In terms of custody or hadhanah of children who are not yet 12 years old, it should be given to a mother in accordance with what is regulated in Article 105 of the Compilation of Islamic Law which states that custody or hadhanah of children who are not yet 12 years old is the right of a mother. This research uses research methods Normative juridical, normative juridical, namely legal research carried out by examining library materials and using research approach models in legal researchers including legal approaches - Islamic law. The data collection method used is library data obtained through library research sourced from Islamic law, books, official documents, publications and research results. The primary data source was obtained by reading literature related to the discussion of hadhanah. The results of this research. The fuqoha agreed that hadhanah started from the birth of the mahdhun until the mumayyiz of the mahdhun, however they differed in their opinions regarding when the hadhanah ended after mumayyiz.
Islamic Inheritance Law Reform in Indonesia from the Perspective of Islamic Legal Politics: Strategies and Implications Firmansyah, Heri; Nas, Zulkifli
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.10267

Abstract

This research aims to analyze the reform of Islamic inheritance law in Indonesia, with a particular focus on government policies supporting this reform. The study examines legal doctrines in the Compilation of Islamic Law, jurisprudence, Supreme Court guidance letters for religious courts, and fatwas from the Indonesian Ulema Council. Employing a historical and Islamic legal political (fiqh siyasah) approach, it explores the background and dynamics of these reforms. The reform process involves updating legal concepts, norms, and techniques, driven primarily by the executive and judiciary, while legislative bodies are constrained by their inability to pass laws. Non-governmental institutions, particularly the Indonesian Ulema Council, also play a pivotal role. Scientifically grounded methods, such as ijtihad intiqa'i tarjihi and ibda'i insha'i, serve as the foundation for these reforms. The government’s strategies within the Islamic legal-political framework (fiqh siyasah) are (1) developing Islamic inheritance law in line with societal practices, (2) codifying it into legislative products, (3) compiling it into unified legal texts, (4) enacting legal products such as presidential instructions, fatwas, and jurisprudence, (5) involving scholars, officials, and judges in shaping reforms, (6) creating regulations for non-litigious inheritance distribution based on Islamic law, and (7) engaging the community in inheritance practices. This research’s novelty lies in its comprehensive analysis of both governmental and non-governmental roles in reforming Islamic inheritance law through integrative legal-political strategies. Additionally, it highlights the innovative application of ijtihad intiqa'i tarjihi and ibda'i insha'i, contributing to the modernization and contextualization of Islamic inheritance law in Indonesia. The contribution of this research is its exploration of the interplay between legal reform and societal practices, providing a new understanding of the mechanisms that shape Islamic law in contemporary Indonesia. Furthermore, it offers valuable insights into the role of both religious scholars and government authorities in the legal reform process, offering a model for integrating Islamic law with modern legal systems.
The Effectiveness of Memorizing Islamic Doctrines as a Prerequisite for Marriage Registration: A Case Study in Teluk Pulai Dalam Village Yansyah, Muhammad Syafri; Firmansyah, Heri
Al-Risalah Vol 25 No 1 (2025): MAY (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.55267

Abstract

This study aims to evaluate the effectiveness of requiring individuals to memorize the obligatory, impossible, and permissible attributes of Allah, along with the pillars of obligatory bathing, as a prerequisite for marriage registration in Teluk Pulai Dalam Village. Despite not being aligned with the provisions of Government Regulation No. 9 of 1975, this practice is widely implemented within the community. This research employs a qualitative subjective approach with an empirical juridical method. Field research was conducted to gather direct insights into the application and impact of memorizing theological and ritual requirements for marriage registration in Teluk Pulai Dalam Village, Kualuh Leidong Subdistrict. Findings indicate that the memorization requirement positively influences the local community. Although it does not comply with formal legal provisions, it enhances individuals’ understanding of Islamic theological principles and the correct procedures for obligatory bathing. As a result, worship practices within the community are perceived as more valid and spiritually meaningful. This study provides a unique perspective on the intersection of religious education and marriage registration practices outside formal state regulations. It highlights how local customs shape religious literacy and compliance with Islamic rituals. The research suggests that integrating religious education into marriage-related practices can strengthen community understanding of Islamic obligations. However, it also raises questions about the legal and administrative alignment of such practices with national regulations. Further studies may explore how similar initiatives can be harmonized with formal legal frameworks.
Analysis of Islamic Law and Positive Law on Marriage Due to Violation of Moral Norms Siregar, Muhammad Sya’ban; Syam, Syafruddin; Firmansyah, Heri
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 8 No 2 (2025): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v8i2.6512

Abstract

Violations of moral norms often have significant social impacts, one of which is marriage which is carried out as a form of resolving moral conflicts in society. This article aims to analyze marriage due to violations of moral norms in Pematang Siantar City based on the perspective of Islamic law and positive law in Indonesia. In Islamic law, marriage is often considered a solution to normalize social relations after the occurrence of a violation, although there are requirements and principles that must be met. Meanwhile, positive law in Indonesia emphasizes the formal legality aspect and does not explicitly regulate the obligation to marry in such situations. This study also discusses various social implications that arise as a result of this phenomenon, such as social pressure on the individuals involved, as well as its impact on household stability. Using a normative-juridical approach, this article reviews how the two legal systems view this phenomenon, as well as providing an overview of the integration efforts between religious, legal, and cultural values in resolving this problem. The results of the analysis show that a comprehensive approach is needed to handle marriage cases due to violations of moral norms, in order to ensure justice for all parties involved.
Co-Authors Achmadi, Ridho Adji Prasetia Adly , Mhd Amar Adly, Amar Adly, M. Amar Adly, Mhd Amar Ahmad Fathan Aniq Ahmad Zaky Nauval Aisah Akmaluddin Syahputra Amar Adly Amar Adly, Muhammad andi_89, heri Anna Muwaffika Ardiansyah Ardiansyah Ardiansyah Ardiansyah ARDIANSYAH ARDIANSYAH Ariyanti, Shallu Fidhah Astri Mutiar Aulia Fahira Hanan Ayu Permata Sar Sari Azwani Lubis Bahagia, Marthin Virgo Dahanum, Wani Dalimunthe, Said Hasan Al-Khindawi Dana Budiman Delvira, Shania Dewanti, Kunti Dewi Muliyati Diki Ardian Saputra Diniyati Diniyati, Diniyati Erika Nurul Hidayah Faisar Ananda Arfa Faishal Faishal Fathurrahman, M. FATIMAH FATIMAH Fatkhurrohman, Abdau Febrianti, Yana Ghafar, Taufik Hadi Nasbey Haidir, Haidir Hamid, Ikmal hamsah hudafi Hanan, Aulia Fahira Harahap, Hasyim Thahara Hasibuan, Ahmad Ridoan Heni Purnama Heriamsyah Simanjuntak Hermanta, Catur Anthony Hersaputra, Nugraha Hidayah, Erika Nurul Imam Yazid Indah Amani Lubis Indah Amani Lubis Irham Dongoran Irwan Irwan Jumita Riska Juni Arnisa Napitupulu Kasanova, Aldi Khairatun Nisa Khairul Amri Khan, Shak Rhuk Kumala, Wati Laila Suhada Laila Syuhada Lestari, Intan Rachmawati Lubis, Partaonan Mardina Ratna Sari Ritonga Masniari Munthe Mhd Amar Adly Mhd. Amar Adly Milhan Milhan MUHAMMAD ABIDIN Muhammad Amar Adly Muhammad Amar Adly Muhammad Amar Adly Muhammad Amar Adly, Muhammad Amar Muhammad Arif Muhammad Fadli Nasution Muhammad Hajatoleslam Siregar Muhammad Hizbullah Muhammad Muhazzir Muhammad Rusydi Muhammad Saputra Mulyatno, Mulyatno Munthe, Masniari Muthiah, Alya Nas, Zulkifli Nasution, Muhammad Iqbal Hanafi Nasution, Saphira Husna Nazlyany Hasibuan Nur Asrima NUR FATIMAH Nur Suci Alawiyah Nurmala Dewi Lubis Nurul Fitri, An Nisa Nuvus, Afiva Riyatun Pagar, Pagar Prasetia, Adji Rachmat Husein Rambe Rahmad Fauzi Rahmadhani Simatupang Rahmadi, Fuji Rahmah Aulia Ramadhan, M. Khairi Ramdhan, Muhammad Rofiid RATNA KOMALA DEWI Reza, Muhammad Fahmi Rima Rahmayani Tanjung Rizka, Jamilah Rizki Syahputra Nasution Rudi Pratama Rudi Pratama Sabila, Dila Saldy Saputra, Achmad Fadhlih Salsa Selfiani Nasution Saphira Husna Nasution Sarah Aulia Br. Ginting Septa, Fikry Nur Sinulingga, Achmad Yasir Sinulingga, Achmad Yazid Siregar, Muhammad Hajatol Eslam Siregar, Muhammad Sya’ban Slamet Sutrisno Sofwan Atsauri SUBEKTI, FAJAR Sukiati Sukiati Sulastri Daulay Supriyadi, Rizky Syafruddin Syam Syahputra, Akmaluddin Syahril Efendi Taryudi Taryudi, Taryudi Taufik Ghafar Taufikh Umar Umar Umar Umar Wahyuni Syahfitri Wahyuni, Iip Wardani, Jihan Kusuma Widodo, Aan Widyaningrum Indrasari Yansyah, Muhammad Syafri Yenni Samri Juliati Nasution Yosi Syahfitri Siahaan Z, M Yakub Zainul Aziz Nasution Zulmi, Febrian