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All Journal Al-Majaalis : Jurnal Dirasat Islamiyah Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam USRAH: Jurnal Hukum Keluarga Islam
Muhsan Syarafuddin
Unknown Affiliation
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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ESKALASI KONFLIK KELUARGA DALAM DINAMIKA GLOBALISASI DAN PENDEKATAN RESOLUSI BERBASIS FIKIH Muhsan Syarafuddin; Ashari, Winning Son; Siti Nazla Raihana
Al-Majaalis : Jurnal Dirasat Islamiyah Vol 12 No 1 (2024): AL-MAJAALIS : JURNAL DIRASAT ISLAMIYAH
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37397/al-majaalis.v12i1.707

Abstract

In the era of globalization, the escalation of family conflict occurs significantly in various variations and impacts, ranging from divorce to physical and psychological violence even murder. This requires seriousness in finding the right resolution in order to maintain family resilience. This research becomes very important to reveal the right resolution by referring to fiqh-based resolution because fiqh itself is used as a legal framework rooted in Islamic teachings that are relevant in resolving conflicts in the family context. Researchers used a literature review with a qualitative approach to analyze various literature sources related to family conflicts and their resolution. The results showed that the escalation of conflict in the global era with its various variants found its resolution by understanding and applying the principles of fiqh-based resolution in the form of holistic Islamic teachings. The real implication of fiqh-based resolution is that it helps build a harmonious and mutually supportive family environment and is key to resolving family conflicts effectively and sustainably.  
ESKALASI KONFLIK KELUARGA DALAM DINAMIKA GLOBALISASI DAN PENDEKATAN RESOLUSI BERBASIS FIKIH Muhsan Syarafuddin; Ashari, Winning Son; Siti Nazla Raihana
Al-Majaalis : Jurnal Dirasat Islamiyah Vol 12 No 1 (2024): AL-MAJAALIS : JURNAL DIRASAT ISLAMIYAH
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37397/al-majaalis.v12i1.707

Abstract

In the era of globalization, the escalation of family conflict occurs significantly in various variations and impacts, ranging from divorce to physical and psychological violence even murder. This requires seriousness in finding the right resolution in order to maintain family resilience. This research becomes very important to reveal the right resolution by referring to fiqh-based resolution because fiqh itself is used as a legal framework rooted in Islamic teachings that are relevant in resolving conflicts in the family context. Researchers used a literature review with a qualitative approach to analyze various literature sources related to family conflicts and their resolution. The results showed that the escalation of conflict in the global era with its various variants found its resolution by understanding and applying the principles of fiqh-based resolution in the form of holistic Islamic teachings. The real implication of fiqh-based resolution is that it helps build a harmonious and mutually supportive family environment and is key to resolving family conflicts effectively and sustainably.  
Analisis Pengaruh Intervensi Mertua dalam Penyelesaian Konflik Rumah Tangga Anak terhadap Keharmonisan Keluarga di Desa Masbagik Perspektif Hukum Keluarga Islam Nuur Jauzaa' Maulida Husna; Muhsan Syarafuddin
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol. 6 No. 2 (2025): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Family Law Study Program, Faculty of Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v6i2.46468

Abstract

This study aims to analyze the influence of in-laws' intervention in resolving marital conflicts of their children on household harmony in Masbagik Selatan Village. This is based on real-life occurrences within the community of Masbagik Selatan, East Lombok, where several cases involve in-laws intervening or becoming involved in their children's domestic conflicts. This research is a case study employing a qualitative approach to explore the phenomena occurring in the field. The data used in this study consist of primary data obtained through observations and interviews with the people of Masbagik Selatan, as well as secondary data gathered through literature relevant to the research focus. The findings reveal that in-laws’ intervention in resolving their children’s marital conflicts takes various forms. Interventions in the form of providing advice can have a positive impact on household harmony, whereas interventions involving direct control over the conflict tend to have a negative impact on the resolution of the children’s marital disputes
INTEGRASI HUKUM ISLAM DAN HUKUM POSITIF DALAM DISPENSASI KAWIN: ANALISIS YURISPRUDENSI ATAS ALASAN KHAWATIR ZINA DI PENGADILAN AGAMA TASIKMALAYA Amrullah, Thoriq Rahmat; Muhsan Syarafuddin
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/jrydt769

Abstract

Marriage through the process of marriage dispensation on the grounds of concern about adultery is still a social phenomenon in the Tasikmalaya Religious Court. This condition shows the tension between Sharia values, which emphasize the prevention of adultery and positive law, which prioritizes protection of children from the negative effects of early marriage. This study aims to analyze the application of marriage dispensation from the perspective of Islamic law and positive law. This study uses a qualitative method with a normative-empirical juridical approach through analysis of court decisions and in-depth interviews with judges. The results show that the practice of marriage dispensation due to concerns about adultery in the Tasikmalaya Religious Court reflects the integrative application of Islamic law and positive law. The reason of “concerns about adultery” can be taken into consideration, but can only be considered urgent if proven legally through valid documents or statements. From an Islamic law perspective, judges apply the principle of maqasid al-syari'ah to prevent harm, while positive law is guided by the Marriage Law and PERMA Number 5 of 2019, which emphasizes best interests of the child. Thus, the judges' decisions reflect contextual ijtihad oriented towards justice, benefit, and legal protection for children.
Co-Authors Amrullah, Thoriq Rahmat Nuur Jauzaa' Maulida Husna Siti Nazla Raihana Winning Son Ashari