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All Journal Maslahah : Jurnal Hukum Islam dan Perbankan Syariah Sakina: Journal of Family Studies Jurnal Bakti Bagi Bangsa Al-ihsan : Journal of Community Development in Islamic Studies
Ash Shabah, Musyaffa Amin
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Kedudukan Transgender Dalam Sistem Kewarisan Islam dan Adat Ash Shabah, Musyaffa Amin
MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) Vol 12 No 1 (2021): Maslahah : Jurnal Hukum Islam dan Perbankan Syariah
Publisher : Program Studi Ahwal al-Syakhshiyyah dan Perbankan Syariah Fakultas Agama Islam Universitas Islam "45" Bekasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/maslahah.v12i1.2628

Abstract

This study analyzes the position of transgender people in the distribution of inheritance from theperspective of Islamic law and customary law. This research is library research using the juridicalnormativeapproach and descriptive analysis data. The results of the study explain that there arethree elements of Islamic inheritance law, namely the heir, the heir, and the inheritance. The portionof the heirs has been determined in the Koran. The gender of the heir determines the amount of theshare of the inheritance to be received. In Islamic law, the position of inheritance for people who aretransgender is seen from their first gender at birth, and not determined after being transgender. Thisis because Islam forbids sex reassignment surgery because it has changed God’s creation. whereas inBalinese Customary Law, transgender actors are never recognized for their new status, before theyperform a religious ceremony. If this religious customary ceremony has been carried out and approvedby the traditional village leaders, then the applicant’s status is legal and customary.
Analisis Tentang Penolakan Nasab Anak Dalam Perkawinan Yang Sah Dengan Sumpah Li’an Pada Putusan MA No.163K/AG/2011 Putra Pratama, Rian Rizqi; Ash Shabah, Musyaffa Amin
MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) Vol 10 No 1 (2019): Maslahah : Jurnal Hukum Islam dan Perbankan Syariah
Publisher : Program Studi Ahwal al-Syakhshiyyah dan Perbankan Syariah Fakultas Agama Islam Universitas Islam "45" Bekasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/maslahah.v10i1.2744

Abstract

This study aims to analyze the result of Supreme Court ruling Number 163 K/AG/2011 AboutNasab’s Refusal Of a Legitimate Son By The Oat Of Li’an and how Islamic law and legislationgoverned it. And to explain what the status of the denied children’s passages is. This study usesinductive research methods and this type of research is a research library and the research approachemploys both qualitative and descriptive approaches. The results of the study show that the use ofother oaths to refuse the children's text in the Supreme Court Decision No. 163 K / AG / 2011 is inaccordance with the rules of Islamic law and statutory regulations, even though the wife is not willingto take the li'an oath, it still falls under the law. In accordance with the opinion of Imam Syafii that ifthe husband has completed his part, even though the wife does not do li'an. As well as changing thechild's nasab status which is denied by the father and only has a civil relationship with the mother andthe mother's family, while the father is free from the right to provide a living, this is in accordance withArticle 162 of the KHI.
KOHERENSI ANTARA HUKUM JINAYAT DAN HAK ASASI MANUSIA DALAM KASUS KHAMAR DI ACEH Maha, Esa; Alief, Vania; Ash Shabah, Musyaffa Amin
MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) Vol 14 No 2 (2023): Maslahah : Jurnal Hukum Islam dan Perbankan Syariah
Publisher : Program Studi Ahwal al-Syakhshiyyah dan Perbankan Syariah Fakultas Agama Islam Universitas Islam "45" Bekasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/maslahah.v14i2.9980

Abstract

Public flogging is required by this jinayat law, which has existed since 2014. It is thought to be a severe and effective method of law enforcement. But there have also been a lot of complaints and criticisms of this jinayat law, particularly from the standpoint of human rights. The local community's justice, welfare, and peace are the main goals of Aceh's implementation of jinayat law. In the paper utilized for this study, the author employs normative juridical research, which is legal research done by looking through books and relevant statutes and regulations from libraries. This research employs a qualitative approach using a library research method by the study's characteristics. This research also employs a comparative methodology; specifically, the author compares Islamic law, human rights, and the Aceh Qanun Jinayat. As per the Aceh Qanun Jinayat and Islamic law, there is a whipping law for anyone who consumes alcohol. This is evident from the punishment meted out to the alcohol user, who is flogged 40 (forty) times as Uqubat Hudud. Acehnese people have lived under Islamic law for a long time, earning them the moniker "land of the porch of Makkah." When non-Muslim suspects of violating the qanun voluntarily turn themselves in for punishment, it is evident that Islamic Sharia's conceptions of justice align with the fundamental principles of legal justice and human rights. The courts denied every request for voluntary surrender made by non-Muslim defendants, although they did acknowledge the primary motivators behind their surrender.
EDUKASI DAMPAK PERNIKAHAN DINI DI DESA RIDOMANAH Damayanti, Ema; Ash Shabah, Musyaffa Amin; Suprihatin, Suprihatin
Al-Ihsan: Journal of Community Development in Islamic Studies Vol 3 No 1 (2024): Al-ihsan : Journal of Community Development in Islamic Studies
Publisher : LPPM Universitas Islam 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/alihsan.v3i1.9547

Abstract

Early marriage is a marriage that is carried out by early childhood or has not reached the age allowed for marriage. In law, marriage is allowed when you reach the age of 19 years. However, there are still many people who practice early marriage, especially rural communities. Early marriage has many impacts, one of which is the failure of child growth and development or stunting. In this community service, the goal is to prevent early childhood marriage and stunting in Ridomanah village. In this activity, the subject is students of SMPN 2 Cibarusah, the implementation method is community education with socialization of the impact of early marriage. Based on the percentage of pre-test and post-test results, student knowledge has increased significantly, from 64.20% to 85.40%. This socialization activity on the impact of early marriage at SMPN 2 Cibarusah is quite effective and successful in increasing students' knowledge about the impact of early marriage.
IMPLEMENTASI RUMAH TAMAN BACA DALAM MENINGKATKAN BUDAYA LITERASI DI DESA CILANGKARA Nuraini, Ade Indah; Ash Shabah, Musyaffa Amin; Rahmawati, Rafika
An-Nizam Vol 3 No 2 (2024): An Nizam : Jurnal Bakti Bagi Bangsa
Publisher : Universitas Islam 45 Bekasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/an-nizam.v3i2.9349

Abstract

Reading parks are places to collect various reading materials and care for literacy, especially for the surrounding community. Literacy culture needs to be improved along with the times and technological advances. The implementation of this program is to build reading parks starting from early childhood to elementary school children and all students who need to be encouraged from an early age about the culture of literacy so that they are not complacent and addicted to technology. Reading is the main capital for the progress of all students, therefore reading hobbies need to be grown in society from an early age. Indonesia is a country with a very low literacy culture, to the point that UNESCO states that Indonesia is in the second lowest position in the world. This is very concerning. Therefore, this community service in KKN increases interest in reading by starting from the smallest scope, namely by establishing a Reading Park in Cilangkara Village, Serang Baru District. The purpose of this service is to increase interest in reading among children and adolescents in Cilangkara Village. The community service method applies community education. The results of the service have a significant impact in the form of easier access to various reading materials, thus encouraging interest in reading among the community.
UPAYA PENINGKATAN NILAI EKONOMIS PRODUK UMKM MELALUI SOSIALISASI BISNIS DIGITAL DI DESA CILANGKARA Kurniawan, Tri Bagus; Ash Shabah, Musyaffa Amin; Rahmawati, Rafika; Khoiriyah, Ummi
An-Nizam Vol 3 No 2 (2024): An Nizam : Jurnal Bakti Bagi Bangsa
Publisher : Universitas Islam 45 Bekasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/an-nizam.v3i2.9195

Abstract

Technological developments, especially in digital business, have had a positive impact on Micro, Small and Medium Enterprises (MSMEs) in rural areas, such as Cilangkara Village. Even though the growth trend of internet users in Indonesia shows a significant increase, observations and interviews show that the majority of village residents have not shown sufficient interest in entrepreneurship, especially in facing current developments. In this context, the community service program by Islamic University 45 Bekasi students aims to provide education and increase village residents' interest and skills in entrepreneurship, especially by implementing digital business. Implementation methods, such as observation, outreach and training, are expected to stimulate interest and provide support to village residents, including providing business tools to MSMEs that are not yet running. Digital business education is the key to increasing the competitiveness of MSMEs and driving economic potential at the local level, as is being pursued through community service activities in Cilangkara Village. The latest evaluation shows an improvement in the quality of life of the community, especially among MSMEs in Cilangkara Village, through increasing operational capabilities of digital applications for analysis, marketing and product production. It is hoped that the success of this program will be a sustainable first step to improve and produce MSMEs that are able to compete and develop along with the times.
Dispensing with Age? Marriage Dispensation, Household Resilience, and the Tensions Between Islamic and State Law Khafid, Muhamad; Ash Shabah, Musyaffa Amin; Hamid, Nor 'Adha Ab
Sakina: Journal of Family Studies Vol 9 No 3 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i3.16724

Abstract

Although Law No. 16 of 2019 stipulates a minimum marriage age of 19, marriage dispensation requests remain prevalent in Bekasi, highlighting a persistent gap between legal regulation and social practice. This study examines the judicial considerations underlying the granting of marriage dispensation in the Bekasi Religious Court, applying an empirical case study approach supported by literature review and document analysis. The principles of al-Maqashid al-Khamsah were employed to evaluate the judges’ reasoning. The findings reveal that the dispensation was granted primarily due to the close relationship between the petitioner and the respondent, alongside parental concerns regarding potential adverse consequences if the request was denied. The decision was legally grounded in Articles 8–10 of the Marriage Law and Articles 39–43 of the Compilation of Islamic Law, which permit marriage despite non-compliance with the statutory age requirement. However, such dispensations carry potential risks for marital stability, particularly in psychological, social, and economic domains. This study contributes to the discourse on judicial discretion by demonstrating how al-Maqashid al-Khamsah can serve as a normative framework for balancing legal, religious, and social considerations. It underscores the necessity for judges to weigh not only immediate familial concerns but also the long-term resilience of households, thereby ensuring that judicial decisions safeguard the welfare of couples and future generations.
Co-Authors Alief, Vania Ema Damayanti Hamid, Nor 'Adha Ab Khafid, Muhamad Khoiriyah, Ummi Kurniawan, Tri Bagus Maha, Esa Nuraini, Ade Indah Putra Pratama, Rian Rizqi Rafika Rahmawati Suprihatin Suprihatin