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All Journal Janaka : Jurnal Pengabdian Masyarakat USRATUNA: Jurnal Hukum Keluarga Islam JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah
Huda, Afiful
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Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice

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PERGESERAN PARADIGMA PENANGGUNGJAWAB NAFKAH KELUARGA:ANALISIS UU PERKAWINAN DAN GENDER Mustakim, Ahmad; Huda, Afiful
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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This research responds to the changing societal paradigms regarding family financial responsibility, which traditionally were assigned solely to husbands, as stipulated in Islamic law and marriage regulations. However, the globalization era, marked by intense competition, has shifted individuals' roles away from femininity norms that predominantly consider gender factors, towards competitiveness and skills. Women, as wives, also contribute to supporting their husbands' responsibility for providing family financial support. Wives are not limited to being homemakers addressing household issues but also participate in the public sphere as contributors to family financial sustenance. The research aims to examine this societal paradigm shift through the analysis of Marriage Law and gender perspectives, exploring how Marriage Law and gender views respond to the evolving paradigm of financial responsibility, no longer exclusive to husbands but also shared with wives. The findings indicate that the financial responsibility remains primarily placed on the head of the household, i.e., the husband. However, Islamic law and Marriage Law do not prohibit wives from assisting in earning a livelihood for their families. In fact, Islamic law permits wives to contribute to family financial support. Nevertheless, the natural role of a homemaker mandates that a wife must still care for and nurture her children and fulfill her duties towards her husband, even if she actively contributes to supporting the family financially. From a gender perspective, there is no issue with women assisting in family financial matters or engaging in public activities, as long as they do not neglect their primary responsibilities as husbands and wives. The concept of gender emphasizes equality in roles and responsibilities between husbands and wives, both in the public and domestic spheres.
MALPRAKTIK DAN CONTEMPT OF COURT Huda, Afiful; Sprinda, Mila Novia
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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The research discusses two different legal phenomena that often influence public trust in the judicial system and certain professions in Indonesia. First, malpractice, which refers to unprofessional conduct by individuals in various professions such as medical, legal, accounting, and others. Second, Contempt of Court, which involves actions considered to insult or undermine the dignity of the court. In the first part, the definition and types of malpractice are outlined, with an emphasis on errors and negligence leading to patient harm or even death. This phenomenon is linked to differences in ethics, codes of conduct, and underlying legal violations. Furthermore, the discussion of Contempt of Court highlights behaviors deemed to insult or harm the credibility of the court. In the Indonesian context, the lack of specific regulations has led to the spread of this offense across various articles in criminal law, making law enforcement and consistent understanding of actions considered as "contempt" difficult. This research emphasizes the urgency of clearer and more detailed regulations regarding both phenomena to ensure justice, integrity, and public trust in the Indonesian judicial system. With more specific rules in place, it is hoped that the public will become more aware of the importance of respecting and complying with existing legal norms. Concrete cases of malpractice and Contempt of Court provide real-life examples of how these phenomena impact daily life, both through loss of life and serious disruptions to the judicial process. This underscores the need for concrete action to improve the judicial system and ensure that all parties, including the professionals involved, are accountable for their actions and decisions.
Transformasi Peran Perempuan Dalam Hukum Keluarga Islam Di Indonesia Huda, Afiful; Saifudin, Mohamad
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 examines the transformation of Islamic family law in Indonesia, focusing on the application of the Compilation of Islamic Law (KHI) within the framework of Maqashid Syariah, particularly in strengthening gender justice and addressing modern social dynamics. Islamic family law, traditionally rooted in classical fiqh, has undergone adjustments to meet contemporary challenges, such as equality in marriage, child custody, and women's rights protection post-divorce. Although the KHI serves as a primary reference, its implementation faces obstacles, including patriarchal cultural influences, diverse legal interpretations, and gaps in public legal awareness. This study identifies that these transformations are driven by social developments, educational advancements, and the global discourse emphasizing gender equality in Muslim families. Through a critical analysis of the KHI text and its application in religious courts, the study underscores that the transformation of Islamic family law in Indonesia must continue to reflect the values of justice, inclusivity, and relevance to the needs of modern society.
Problem Perlindungan Hukum Terhadap Hak Nafkah dan Waris Anak luar Nikah dan Ibunya Tinjauan Maqāṣid al-Sharī'ah dan Keadilan Gender Aula Yazid, Nur; Huda, Afiful
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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This study analyzes the legal protection issues concerning the civil rights of “anak oleh-oleh” (children born from relationships deemed illegitimate under Islamic law) and their mothers, particularly in relation to maintenance and inheritance rights. Employing a maqāṣid al-sharī‘ah approach and a gender justice perspective, the study aims to examine the gap between classical Islamic legal norms and contemporary demands for substantive justice. The research adopts a normative juridical method with conceptual and comparative approaches. The findings indicate that rigid interpretations of the concept of nasab (lineage) in classical fiqh have generated structural discrimination against children born out of wedlock and their mothers. Through the reactualization of maqāṣid al-sharī‘ah, especially the principles of ḥifẓ al-nasl (protection of lineage) and ḥifẓ al-māl (protection of property), combined with the integration of a gender justice perspective, this study proposes a more progressive conceptual reformulation to ensure fair and dignified legal protection for both children and mothers, without compromising the fundamental principles of Sharī‘ah.
Co-Authors Adimas Pratama Ainun Nadhiroh, Laili Arofik, Slamet Aula Yazid, Nur Dyah Ayu Wardana, Febryani Fitri, Abdul Basith Misbahul Idam Mustofa Kholik, Husnul M. Misbahul Amin Ma’arif, Zainal Mohamad Saifudin, Mohamad Muda’i, Syaiful Mujahidin, M. Mustakim, Ahmad Nadhif, Muchammad Nur Hidayati, Ilma Qurotul Aini, Siti Maryam Ristianah, Niken Sprinda, Mila Novia `Fadilah, Umi Nuril