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All Journal TAWASUT Indonesian Journal of Moderate Islam AT-TURAS: Jurnal Studi Keislaman SCAFFOLDING: Jurnal Pendidikan Islam dan Multikulturalisme Ta'allum: Jurnal Pendidikan Islam
Fadil, Fadil
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Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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LAW OF MARRYING DAUGHTER OUT OF WEDLOCK BY BIOLOGICAL FATHER IN SHAFI'I AND HAMBALI MADHHABS Fadil, Fadil; Syaifudin, Muh; Aziz, Qiqiya Tantowi
TAWASUT Vol 11, No 1 (2024): JURNAL TAWASUT
Publisher : Pascasarjana Universitas Wahid hasyim Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/ta.v11i1.10902

Abstract

AbstractThis study aims to explore the views of the two main madhhabs in Islam, namely Shafi'i and Hambali Madzhabs, regarding the law of marrying daughters out of wedlock by their biological fathers. This research is done to understand the Islamic legal perspective of such marriages, a complex and challenging issue in Muslim societies.This study used normative and comparative legal methods. The normative method of law is focused on the analysis of Islamic law from the perspective of Shafi'i and Hambali Madhhabs related to the marriage of an extramarital daughter by her biological father. Meanwhile, the comparative method compares the views of the two madhhabs related to the same case. Data sources include primary legal materials, such as the Quran and hadith, and books, as well as secondary legal materials, such as data from the book of 4 madzhab and other books. The data collection techniques used were literature studies and interviews with Islamic jurists from both madhabs.From the research conducted, it was found that, according to Madzhab Shafi'i, the law of marrying a daughter out of wedlock by her biological father is invalid. Imam Shafi'i argued that a child born out of wedlock has no sexual relationship with his biological father, so a marriage between an adulterous daughter and her biological father is considered valid in his view. Meanwhile, according to Imam Hambali, if a woman becomes pregnant out of wedlock and is married by a man who impregnates or does not impregnate her, then the marriage is invalid or void because a pregnant woman, due to adultery, has an iddah period that is until her child gives birth. The child born cannot be sacrificed to his biological father but is still sacrificed to his mother and her family.Keywords: Biological Fathers, Extramarital Children, Marital Guardians
An Analysis of the Criminalization of Forced Marriage from the Perspective of Dzari'ah Theory Sunarto, Muhammad Zainuddin; Fadil, Fadil; Suwandi, Suwandi
JURNAL AT-TURAS Vol 11, No 2 (2024)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/at-turas.v11i2.8803

Abstract

The practice of forced marriage that is cultured in society has many negative effects, one of which is that women are a group that is vulnerable to various forms of domestic violence, both physically, psychologically, sexually, and economically. Criminal law is expected to overcome the high rate of domestic violence that occurs due to forced marriage. In the case of forced marriage, criminal law is important in anticipation of domestic violence. The focus of this research is how forcing marriage as a criminal act uses the theory of dzari'ah. The factors that affect the occurrence of forced marriage are patriarchal culture and ideology that are socialized in society. In the patrilineal system, marriage is often a tool to strengthen inter-clan or family relationships. The correlation between forced marriage and the right of ijbar wali shows that the practice of forced marriage in the community is also greatly influenced by the right of ijbar wali. The criminalization of forced marriage has been by dzari'ah, in practice there is a certain motivation from the perpetrator of coercion to make the victim forced to carry out marriage on the one hand, and on the other hand, the consequences arising from the marriage on which one of the spouses is forced to carry out the marriage. The TPKS Law has translated the basic values of Grundnorm into daily legal practice. This shows how the implementing norm expresses Grundnorm's values through concrete legal sanctions that are in line with the mandate of the 1945 Constitution to protect citizens.
Evaluation of Input, Process, and Outputs of Ma’had Ali Program in Islamic Boarding School Fadil, Fadil
Ta'allum: Jurnal Pendidikan Islam Vol 8 No 1 (2020)
Publisher : Fakultas Tarbiyah dan Ilmu Keguruan (FTIK) UIN Sayyid Ali Rahmatullah Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/taalum.2020.8.1.119-138

Abstract

Evaluation research aimed at determining the condition of input, process, and output.  evaluation of Input is evaluation of conditions before the Ma'had Ali program was carried out. Process, evaluation of the program management process. Output of the Ma’had Ali Program, at this stage evaluation will be carried out on graduates. Its evaluation model was a countenance stake. The methods were used such as interviews, observation, questionnaires and assessment sheets that are structured for managers, students, lecturers, and alumni. The conclusions of this study were the evaluation of whole input components was in a bad category because the respondents who answered very good and good category were only 50.9% of 100%. Whereas, the evaluation of process components was in a good category because the frequency of very good and good category was 77.17% of 100%, While, the evaluation of the overall output component is in bad category because the frequency of very good and good category was 73.6% of 34 graduates who answered the questionnaire. This shows that the overall output of the Ma’had Ali program has not reached the standard of a successful program.
Implementation of the Learning Method of the Prophet Muhammad Saw at Islamic Boarding Schools Khumaidi, Mohammad Wisnu; Maimun, Agus; Fadil, Fadil
Scaffolding: Jurnal Pendidikan Islam dan Multikulturalisme Vol. 7 No. 2 (2025): Pendidikan Islam dan Multikulturalisme
Publisher : Institut Agama Islam Sunan Giri (INSURI) Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/scaffolding.v7i2.7543

Abstract

This study aims to describe and analyze the implementation of the Prophet Muhammad SAW's learning method at the Madarijul Ulum Islamic Boarding School, Bandar Lampung. This research uses a qualitative descriptive approach with a type of field research. Primary data was obtained through observation, in-depth interviews with teachers and students, and documentation of learning activities. Secondary data was obtained from literature studies in the form of books, journals, Qur'anic verses, and relevant hadiths. The data collection technique uses participatory observation, semi-structured interviews, and documentation, with data analysis techniques through data reduction, data presentation, and conclusion drawn. The results of the study show that the five learning methods of the Prophet SAW—lecture/muhadharah, halaqah/egalitarian, reward and punishment (targhib-tarhib), gradual, and stories with wisdom—have been applied in an integrated manner in the pesantren environment. Each method has a distinctive form of implementation and has a positive impact on the development of character, discipline, and understanding of students. This finding affirms that the learning methods of the Prophet SAW remain relevant in the context of contemporary education and can be used as a reference in building a holistic Islamic education system. This research also highlights the importance of integrating prophetic values in character education. Recommendations for further research are to expand the location and context of the study, as well as examine the integration of the Prophet SAW's learning methods with technology-based learning approaches to answer the challenges of the times.
Co-Authors Agus Maimun Aziz, Qiqiya Tantowi Khumaidi, Mohammad Wisnu Sunarto, Muhammad Zainuddin Suwandi Suwandi Syaifudin, Muh