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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Isti`dal : Jurnal Studi Hukum Islam Jurnal Indonesia Sosial Sains
hudi, hudi
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Pewarisan Anak Di Luar Nikah Dalam Perspektif Mazhab Syafi’i Dan Putusan Mahkamah Konstitusi Nomor 46/Puu-Viii/2010 Suroaji, Ahmad; Hudi, Hudi; Munasir, Munasir
Isti`dal : Jurnal Studi Hukum Islam Vol 11, No 1 (2024): ISLAMIC LAW
Publisher : Faculty of Sharia and Law Universitas Islam Nahdlatul Ulama

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34001/ijshi.v11i1.6458

Abstract

This research was motivated by the large number of children born outside of legal marriage or adultery. According to the Syafi'i School, children born out of wedlock cannot inherit from each other because the status of the father and the child's lineage has been absolutely severed, and the child only inherits from the mother and the mother's relatives. Meanwhile, in the Constitutional Court decision Number 46/PUU-VIII/2010 Children born out of wedlock only have a civil relationship with their mother and relatives of their mother and a man as their father who can be proven based on science and technology or other evidence according to the law to have a blood relationship, including a civil relationship with their father's family. The aim of this research is to find out the inheritance rights and position of illegitimate children from the perspective of the Syafi'i School and the perspective of the Constitutional Court. The method in this research uses qualitative research through literature study. The data used is primary and secondary data, this type of research is a descriptive analytical literature study, namely research that includes the process of collecting data, compiling and explaining the data and is related to the inheritance of children outside of marriage from the perspective of the Syafi'i School and the perspective of the Constitutional Court. Number 46/PUU-VIII/2010.
The Problems of Implementing Imkan Rukyat in the Case of an Invisible Hilal (Crescent): A Perspective of Syafi’i Scholars Hudi, Hudi; Rofiq, Ahmad
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 7, No 1 (2023): Vol. 7, No. 1, October 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v7i1.36527

Abstract

Imkan rukyat refers to the conditions under which the new moon (hilal) can likely be sighted based on specific criteria. When the hilal is visible, the following day can be confirmed as the start of the new lunar month. However, if the hilal is not seen during the rukyat observation, a dilemma arises between two choices: whether the next day should be declared as the first day of the new lunar month based on the criteria of imkan rukyat, or whether the current month should be completed (istikmal) to a full 30 days. All Islamic mazhabs including Hanafi, Maliki, and Hanbali generally advocate for istikmal if the hilal is not sighted. However, within the Syafi’i Mazhab, there is a divergence of opinion, with some scholars advocating for istikmal and others for hisab (astronomical calculations). This duality of opinion is particularly relevant in Indonesia, a country with a majority of Syafi’i followers. The aim of this research is to analyze the views of Syafi’i scholars on this matter. This study is a type of library research, focusing on the decisions of the Ministry of Religious Affairs of the Republic of Indonesia's isbat meetings regarding the start of the lunar month and the moon sighting data provided by Nahdlatul Ulama. The research is grounded in the Quran, Hadith, and Syafi’i jurisprudence (fiqh) texts. The findings of this study indicate that the majority of Syafi’i scholars hold that if the hilal is in a position of imkan rukyat but is not sighted, the month should be completed to 30 days (istikmal). However, some Syafi’i scholars permit the determination of the start of the new lunar month the next day based on hisab imkan rukyat, provided that the calculation is done by at least seven qualified astronomers who are unlikely to err, and that the non-sighting of the hilal is due to technical or natural factors. These results can serve as a reference for determining the start of the lunar month when the hilal is not visible due to cloudy conditions
Marriage Fear in Woman Who are Fatherless Perspectives of Islamic Law and Family Psychology Masruroh, Siti; Musfiroh, Mayadina Rohmi; Hudi, Hudi
Jurnal Indonesia Sosial Sains Vol. 6 No. 3 (2025): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v6i3.1667

Abstract

Many fatherless women experience anxiety about marriage, which causes many women to marry at a very mature age. Marital anxiety can arise due to difficult past experiences, repeated feelings of worry, and, worst of all, not trusting other people, especially those of the opposite sex. This can give rise to various conflicts both for yourself and when you have a partner later. Regarding commitment, uncertainty about the future, and repetition of bad relationship patterns are the beginnings of various problems that become a stronghold for self-defence. Many of them choose to live without having relationships with the opposite sex. This article aims to explore the anxiety of women who experience fatherlessness, both in terms of the factors that cause them to choose to live single longer and even choose not to marry. This seems very warning to others, especially from the perspective of Islamic Law and Family Psychology. In this article, it is intended that anxiety about marriage will be reduced a little, although not completely, but just a little bit of their approach will also think about how the world should continue. This research uses descriptive qualitative research methods with semi-structured interviews and unstructured observations focusing on the criteria for women aged 20-35 years and relying on journal articles, literature and online magazines as other supporting media. The results of this article can be concluded that the four subjects who had marriage anxiety had reasons including factors related to non-hormonal family background, past experiences, social expectations and environmental pressure, uncertainty about partners, emotional and mental readiness, and demographic factors that made them afraid of having a serious relationship. In this article, it is found that anxiety tends to appear as a form of wrong self-protection, apart from that, families, the environment, and academics and practitioners are expected to design more effective support programs, especially for couples who want to continue their relationship in a more serious direction, providing a comfortable and safe space.
Co-Authors Ahmad Rofiq, Ahmad Mayadina Rohmi Musfiroh MUNASIR Siti Masruroh Suroaji, Ahmad