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All Journal USRATUNA: Jurnal Hukum Keluarga Islam ILJS JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah
Umami, Hafidhul
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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KONSEP WARIS ŻAWIL ARHAM MENURUT MAZHAB SYAFI’I DAN HAMBALI Fadheli, Mohammad Farid; Umami, Hafidhul
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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Abstract

The issue of inheritance in Islam is presented most comprehensively by the Quran and can be considered thoroughly addressed. Inheritance poses a sensitive and challenging problem in court institutions. The study of inheritance law is undertaken to preserve family harmony, as it involves the distribution of property among the heirs left behind. Heirs can be categorized into three groups:1. żawil furudl. 2. ‘ashabah. 3. żawilarḥam. Scholars agree that żawil furudl and żawil ‘ashabah are the heirs of the deceased. Regarding the inheritance rights of żawilarḥam (heirs who do not have a specific share or inheritance right, both in the Quran and Sunnah, i.e., those who have a blood relationship with the deceased only through the female side), scholars do not unanimously agree. According to the majority of the Shafi'i school, żawil arḥam is not entitled to inherit, and the rightful recipient is the baitul mal, due to the absence of clear guidance regarding żawil arham. On the other hand, according to contemporary scholars of the Shafi'i school, if the baitul mal is not organized, then the inheritance is given to the heirs of żawil arham. Meanwhile, according to the Hanbali school, żawil arham is entitled to inherit because they are heirs with a blood relationship to the deceased.
HAK IJBAR WALI DALAM PERKAWINAN WANITA HAMIL DI LUAR NIKAH DENGAN SELAIN LAKI-LAKI YANG MENGHAMILI PERSPEKTIF MAZHAB HANAFI Fadilah, Umi Nuril; Umami, Hafidhul
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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Abstract

Promiscuity often leads to premarital pregnancy. Then the pregnancy became one of the reasons for parents to quickly marry off their daughter, either to the man who got her pregnant or to another man, with the aim of covering up the family's disgrace. The problem is when a girl is already pregnant while dating, but a guardian does not approve of her daughter marrying a man who has impregnated her daughter. The guardian wants to marry his daughter to another man who is considered better than the man who impregnated his daughter. According to the Hanafi school of law, guardianship of women who are pregnant out of wedlock or because of adultery is only sunnah. So he is no longer the authority or authority of the mujbir guardian. If her guardian wants to marry her, he must have her consent first. As for the form of consent to marry a woman who is pregnant out of wedlock or because of adultery, according to the Hanafi school, it is equated with that of a virgin, namely simply by remaining silent.
Kadar Nafkah Perspektif Imam Empat Madzhab Umami, Hafidhul; Zakiya, Lailatuz
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 research focuses on the determination of nafkah (maintenance) from the perspectives of the four major Islamic schools of thought: Hanafi, Maliki, Shafi'i, and Hanbali. Nafkah refers to the financial and material obligations that a husband must fulfill for his wife, including necessities such as food, clothing, housing, and other living expenses. While all four madhhabs agree on the obligation of nafkah, they differ in determining its amount, which is influenced by the husband’s financial capacity, the wife’s social standing, and prevailing local customs. The Hanafi school emphasizes the wife’s social status and the economic conditions of the husband in determining the nafkah. The Maliki perspective prioritizes the customary standards of living within the community. The Shafi’i school considers both the financial capability of the husband and the wife’s needs. Meanwhile, the Hanbali school balances the husband’s financial means with the wife’s requirements. This study aims to analyze these differences and their underlying principles by referencing primary sources, such as the Qur’an, Hadith, and classical fiqh literature. Understanding these variations offers valuable insights for applying nafkah obligations in contemporary contexts while adhering to Islamic jurisprudence.
Praktik Pembagian Harta Waris Terhadap Kerukunan Keluarga Menurut Tokoh Masyarakat Studi Kasus di Desa Campur Kecamatan Gondang Kabupaten Nganjuk Umami, Hafidhul; Sholichah , Umi Chamidatus
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 9 No. 1 (2025): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65356/usratuna.v9i1.931

Abstract

This study examines the practice of inheritance distribution and its impact on family harmony from the perspective of community leaders in Campur Village, Gondang District, Nganjuk Regency. Normatively, Islamic inheritance law (farāʾiḍ) regulates the distribution of inheritance in detail based on the Qur’an and Hadith. However, in social practice, the people of Campur Village tend not to apply the farāʾiḍ system in a pure form, instead adopting customary and family-based distribution with an equal-sharing principle. This research employs a descriptive qualitative approach with a field research method, utilizing interviews and observations involving local community leaders. The findings indicate that the main reason for the non-implementation of Islamic inheritance law is the community’s perception that farāʾiḍ-based distribution is considered unfair and has the potential to trigger family conflict. Community leaders believe that customary distribution is more effective in maintaining harmony, peace, and family unity. From the perspective of Islamic law, such practices cannot be fully classified as valid ‘urf, yet they may be justified provided that all heirs are aware of their respective legal shares and mutually agree to a peaceful settlement, as stipulated in Article 183 of the Compilation of Islamic Law. This study highlights the importance of the role of religious and community leaders in providing a comprehensive understanding of justice in Islamic inheritance law in order to bridge the gap between normative legal justice and social perceptions of justice within society.
Pecandu Narkoba Sebagai Alasan Cerai Gugat: (Persepktif Hukum Islam dan Kompilasi Hukum Islam) Umami, Hafidhul; Nizam Fauzida
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 5 No. 1 (2025): Nopember 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Drug addiction has become a serious social problem that often disrupts family harmony and leads to divorce. This study examines drug addiction as a ground for divorce (cerai gugat) from the perspective of Islamic Law and the Compilation of Islamic Law (KHI) in Indonesia. According to Islamic Law, marriage is intended to build a peaceful, loving, and compassionate household (sakinah, mawaddah, wa rahmah). However, when one spouse becomes addicted to drugs, it can result in negligence of religious duties, moral decay, financial instability, and domestic violence—all of which contradict the objectives of marriage (maqāṣid al-nikāḥ). In such cases, divorce may be considered permissible (mubāḥ) or even necessary to prevent greater harm (mafsadah). Based on the KHI, particularly Article 116, drug addiction falls under the category of “one party committing continuous misconduct or moral degradation.” Therefore, both Islamic Law and the KHI recognize drug addiction as a valid legal and moral reason for a wife to file for divorce.
Co-Authors Fadheli, Mohammad Farid Fadilah, Umi Nuril Huda, Avivul Mudaí, Syaiful Mujib Ridwan, Abdul Mustakim, Ahmad Nabila, Mar'atun Nizam Fauzida Novianta Ahsana Sholichah , Umi Chamidatus SITI MARYAM Ula, Lia Mar'atul Zakiya, Lailatuz