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All Journal USRATUNA: Jurnal Hukum Keluarga Islam JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah
Amin, M. Misbahul
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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STUDI ANALISIS AKAD NIKAH MENGGUNAKAN VIDEO CALL PERSPEKTIF MAQOSHID AL-SYARIAH DAN UNDANG-UNDANG NO.1 TAHUN 1974 TENTANG PERKAWINAN Amin, M. Misbahul
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 3 No. 2 (2020): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

In the analysis of maqasid al-shariah, the marriage contract with video call media at this time can be justified, but with some conditions that must be met such as the tools used and the network used can really be used to connect so that real-time maqshad is reached. that one method of maqoshid is to distinguish between maqshad and wasilah. In the perspective of Law No. 1 of 1974 concerning marriages, marriages by video call media are also considered marriages in the eyes of the legislation, as long as the implementation aims to form happy and eternal families (households) based on the divinity of the Almighty, or because they obey the commands of Allah SWT, or because aims to realize a sakinah, mawaddah, and mercy household life.
URGENSI PENDIDIKAN PRA NIKAH Amin, M. Misbahul; Diana Dewi Roihatul Jannah
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 2 (2025): Mei 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Pre-marital education in Indonesia has become increasingly urgent in light of rising rates of early marriage, divorce, and domestic violence. Data indicates that many prospective couples lack an understanding of their rights and responsibilities in marriage, as well as the challenges they will face. This study aims to explore the necessity of pre-marital education as a preventive solution and to evaluate the effectiveness of existing programs. Through a qualitative approach, this article analyzes the needs and challenges associated with pre-marital education and provides policy recommendations for the government and stakeholders to improve the implementation of pre-marital education. The findings highlight that evaluating the material, methods, and accessibility of pre-marital education is crucial to achieving the goal of enhancing family well-being and preventing early marriage. It is hoped that with the strengthening of pre-marital education, young couples in Indonesia will be better prepared to build harmonious and prosperous family lives.
KONSEP RUJUK NIKAH DALAM PERSPEKTIF EMPAT MADZHAB Shinwanuddin, Muhammad; Amin, M. Misbahul
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

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.
KEWENANGAN DAN KEKUASAAN PERADILAN AGAMA Amin, M. Misbahul; Sholichah, Binty Alifatus
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

The competence or authority of religious courts is formulated as the state's power to receive, examine, adjudicate and decide, as well as resolve certain cases between people of the Islamic faith to uphold law and justice. Islamic courts include courts that handle all types of cases according to universal Islamic teachings. Therefore, wherever the principle of justice is applied, the principle of equality is applied. because there is only one Islamic law and comes from the same source of law, namely the Al-Quran and the Sunnah. Meanwhile, religious court is Islamic court in Indonesia, meaning that religious court is the term for Islamic court in Indonesia. This is because the types of cases handled are related to the Islamic religion, so that overall they are types of cases according to the Islamic religion.
Pemahaman dan Implementasi Wakaf sebagai Instrumen Sosial dan Ekonomi dalam Islam Amin, M. Misbahul; salsabila sukma, Najma
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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Abstract

Waqf is a significant social and economic instrument in Islam aimed at achieving the welfare of the ummah. As a means of wealth distribution, waqf benefits not only individuals or specific groups but also serves broader societal interests. In addition to public waqf, there is family waqf (waqf ahli) directed towards specific beneficiaries as determined by the waqif (donor). This study employs a theoretical approach to analyze the concepts, foundational principles, objectives, and benefits of waqf in Islam. The findings reveal that, despite its substantial potential to create positive impacts, the implementation of waqf often does not fully align with Islamic principles. This highlights the need for further education about waqf regulations and management in accordance with Sharia to maximize its benefits. This research aims to enhance public understanding of the critical role of waqf in social and economic development while promoting more effective waqf management to achieve the intended welfare objectives for the ummah.
Co-Authors Diana Dewi Roihatul Jannah salsabila sukma, Najma Shinwanuddin, Muhammad Sholichah, Binty Alifatus