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PENGGUNAAN METODE KAIDAH USHULIYAH DALAM MEMAHAMI NASH SECARA TEKSTUALIS DAN KONTEKSTUAL azizi, alfian qodri
Journal of Islamic Studies and Humanities Vol 5, No 1 (2020): Journal of Islamic Studies and Humanities
Publisher : UIN Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (522.656 KB) | DOI: 10.21580/jish.v5i1.5963

Abstract

 AbstractIn essence the product of a Kaidah is an extract from the proposition of the Al- Qur’an and the Hadith which is the main priority source of Islamic law. However, what needs to be an important point is that the use of kaidah cannot be immediately applied to all legal cases equally because this causes one to be trapped in a textualist, partial, and historical dimension of legal understanding. Therefore, this paper would like to examine how the method of understanding textual kaidah ushuliyah ? and How is the application of the kaidah ushuliyah to suit the social context of the community? This research is in the qualitative domain which is more directed towards conceptual leadership based on library analysis. The results of this research are the method of understanding textually kaidah ushuliyyah divided into mutakallimin methods, ahnaf methods, mixed methods. Furthermore, so that the use of the kaidah ushuliyyah can be in accordance with the social context it must be reviewed in accordance with the specificity of the reasons rather than based on the general speech.
IMPLIKASI INISIATIF PERCERAIAN TERHADAP HAK NAFKAH ISTRI najichah, najichah najichah; Azizi, Alfian Qodri
Journal of Islamic Studies and Humanities Vol 5, No 1 (2020): Journal of Islamic Studies and Humanities
Publisher : UIN Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (705.795 KB) | DOI: 10.21580/jish.v5i1.6960

Abstract

AbstractDivorce is the case most frequently submitted to the Religious Courts in Indonesia. This paper discusses how the divorce initiative has implications for the wife's right to post-divorce income. There are differences regarding the wife's right to post-divorce income based on who took the initiative to file for the divorce. In a divorce on the husband's initiative, based on the Compilation of Islamic Law, the husband is obliged to provide the wife's rights in the form of post-divorce income. Whereas for the divorce initiative originating from the wife, there is no obligation for the husband to give the wife the right to post-divorce income. Legal progressiveness emerges and provides new hope in reforming Islamic family law in Indonesia by punishing husbands to pay for their wives' rights to post-divorce income in divorce cases on the wife's initiative, namely; Jurisprudence of the Supreme Court of the Republic of Indonesia number 137/K/AG/2007, Book II of Guidelines for the Implementation of Duties and Administration of the Religious Courts, Supreme Court Regulation Number 3 of 2017, Circular of the Supreme Court Number 2 of 2019 which are in accordance with the principles of benefit, certainty and legal justice.
Peran Stakeholder Dalam Mengatasi Perkawinan Anak Di Bawah Umur Azizi, Alfian Qodri; Rofiq, M Khoirur
Indonesia Vol 6 No 2 (2024): An-Nawa: Jurnal Studi Islam
Publisher : Rumah Jurnal Institut Agama Islam An-Nawawi Purworejo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37758/annawa.v6i2.994

Abstract

Child marriage prevention is a shared responsibility carried out by various parties, which are then called stakeholders. Even so, child marriage still occurs a lot and continues to increase, one of which is in Kajoran District, Magelang. This study focuses on examining the factors of child marriage, the role of stakeholders, and obstacles to preventing child marriage in Kajoran District, Magelang. This study is qualitative and field research with a legal and sociological approach. Data sources from parents, stakeholders, and children. Data analysis includes data reduction, data display, and conclusions. The results of this study are: first, the factors of child marriage in Kajoran District are caused by the culture and mindset of the community that is permissive towards child marriage, low awareness of education, pregnancy outside of marriage, or intimate relationships outside of marriage. Second, the role of stakeholders in overcoming child marriage has been carried out according to regulations and their respective responsibilities but has not been optimal and synergistic. Third, the constraints of stakeholders in overcoming child marriage are 1) limited funds and human resources in overcoming child marriage, 2) there are community role models who are permissive towards child marriage, and 3) there is no collaboration between stakeholders in preventing underage child marriage. The recommendation for further research is that it is necessary to expand the research location, such as at the Central Java level so that it can produce a complex picture and formulate effective and integrative strategies.