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Tinjauan Hukum Islam terhadap Operasi Selaput Dara dan Keharmonisan Keluarga Sofyan, Aa
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 2 No. 02 (2022): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Asy Syahsiyah, Fakultas Syariah dan Hukum, Universitas PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/pj3cqe45

This study aims to analyze the status of Islamic law in hymen surgery which is becoming a trend among the public, so that legal certainty will be known whether it is permissible or prohibited to do, so that it becomes a reference for people who will carry out hymen surgery. The method used in this study is a qualitative method using a document approach. The document study approach is a study that focuses on the analysis of written materials based on their context, materials can be in the form of books, scientific publications, newspapers, manuscripts, or articles. In this study, it can be concluded that most of the teenage girls who have lost their virginity are caused by promiscuity as evidenced by the results of a survey conducted by the Indonesian Child Protection Commission, many of them even become pregnant out of wedlock as a result of this association so that when they marry they are already in non-virgin state. This has an impact on self-confidence for a woman who is about to get married because she is already in a state of virginity, thus triggering the intention to perform hymen surgery. Hymen surgery is focused on intention, if a person does hymen surgery with the intention that her husband does not know that she has had sexual intercourse with other people then this is forbidden, but vice versa if a woman has hymen surgery because of an injury caused not because of Sexual intercourse is permissible under Islamic law.

Perjanjian Pra-Nikah Perspektif Islam: Studi Fenomenologi di Era Society 5.0 Sofyan, Aa
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 3 No. 02 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Asy Syahsiyah, Fakultas Syariah dan Hukum, Universitas PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/fwp3cs32

This article examines the urgency of prenuptial agreements in the context of Society 5.0,characterized by digital transformation and technological integration. Prenuptialagreements are seen as an important instrument for regulating marital relationships fairlyand transparently, in line with modern values such as gender equality and justice. In theSociety 5.0 era, prenuptial agreements can be utilized efficiently and easily accessed. Thestudy also identifies the potential negative impacts of prenuptial agreements, includingpower imbalances between partners, reduced fairness in the division of joint assets,difficulties in revoking agreements, potential tension in marital relationships, and negativeimpacts on children, highlighting the need for a balance between the benefits and risks ofprenuptial agreements in the context of an increasingly complex and diverse modernsociety. This research employs a qualitative approach with data analysis involving literaturereviews and case studies. The findings of this article suggest that prenuptial agreements inthe Society 5.0 era can serve as a basis for wiser policies in regulating marital relationshipsin the future.

Tinjauan Hukum Islam terhadap Operasi Selaput Dara dan Keharmonisan Keluarga Sofyan, Aa
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 2 No. 02 (2022): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Asy Syahsiyah, Fakultas Syariah dan Hukum, Universitas PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/mhhy8k92

This study aims to analyze the status of Islamic law in hymen surgery which is becoming a trend among the public, so that legal certainty will be known whether it is permissible or prohibited to do, so that it becomes a reference for people who will carry out hymen surgery. The method used in this study is a qualitative method using a document approach. The document study approach is a study that focuses on the analysis of written materials based on their context, materials can be in the form of books, scientific publications, newspapers, manuscripts, or articles. In this study, it can be concluded that most of the teenage girls who have lost their virginity are caused by promiscuity as evidenced by the results of a survey conducted by the Indonesian Child Protection Commission, many of them even become pregnant out of wedlock as a result of this association so that when they marry they are already in non-virgin state. This has an impact on self-confidence for a woman who is about to get married because she is already in a state of virginity, thus triggering the intention to perform hymen surgery. Hymen surgery is focused on intention, if a person does hymen surgery with the intention that her husband does not know that she has had sexual intercourse with other people then this is forbidden, but vice versa if a woman has hymen surgery because of an injury caused not because of Sexual intercourse is permissible under Islamic law.

Harmonisasi Fiqh Waris Islam dengan Hukum Positif di Indonesia Sofyan, Aa
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 4 No. 01 (2024): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Asy Syahsiyah, Fakultas Syariah dan Hukum, Universitas PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/1tkr3463

This study aims to explore the harmonization between Islamic inheritance law and positive law in Indonesia, within the context of a pluralistic society. Islamic inheritance law is strongly based on the Qur'an and Hadith, while Indonesia's positive law is governed by the Civil Code (KUHPer) and various other regulations. The fundamental differences between these two legal systems often lead to uncertainty and injustice in the distribution of inheritance, particularly regarding gender issues and the inheritance rights of non- Muslim heirs. Using a qualitative approach and descriptive-analytical methods, this research identifies the differences and similarities between Islamic inheritance law and positive law, while also analyzing the efforts made toward harmonization. Data was collected through literature reviews, interviews with legal experts, and legal document analysis. Content analysis techniques were used to identify key themes relevant to the harmonization of the two legal systems. This research is expected to provide policy recommendations that can strengthen the harmonization of inheritance law in Indonesia, aiming to create a fair, relevant, and contextually appropriate legal system for a pluralistic society. The study also hopes to contribute to improving public understanding of the importance of legal harmonization in maintaining social justice and reducing conflicts related to inheritance distribution.

Kedudukan Ijtihad dan Fatwa Para Ulama dari Legal Opinion ke Legal Binding Madnur, Madnur; Sofyan, Aa; Adam, Syahrul; Nahrowi, Nahrowi
Analisis: Jurnal Studi Keislaman Vol 23 No 2 (2023): Analisis : Jurnal Studi Keislaman
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/ajsk.v23i2.18802

The role of ijtihad and fatwa in Indonesia has undergone a transformation over time. This transformation is reflected in the adoption of several binding regulations (legal binding) based on the results of ijtihad and fatwas issued by competent authority institutions. This process reflects the evolution of the role of ijtihad and fatwa in forming the legal basis that applies, provides direction, and binds Indonesian society. This research is qualitative research with a normative legal approach accompanied by a literature review. The data analysis used is content analysis. The research findings show that the process of legalizing ijtihad and fatwa as binding rules is one option in responding to problems. However, not all of these efforts are able to provide comprehensive solutions to every problem, and sometimes they can even give rise to new debates and problems amidst the diversity of Indonesian society.

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