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All Journal Salimiya : Jurnal Studi Ilmu Keagamaan Islam USRATUNA: Jurnal Hukum Keluarga Islam
Abd. Basit Misbachul Fitri
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Religion Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PERKAWINAN ANAK DI BAWAH UMUR DALAM PERSPEKTIF MAQASHID AL–USROH M. Qomar; Abd. Basit Misbachul Fitri
Salimiya: Jurnal Studi Ilmu Keagamaan Islam Vol 5 No 2 (2024): Salimiya
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian kepada Masyarakat (LP3M) IAIFA Kediri

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Abstract

Marriage, a sunnah of the Prophet, should align with maturity standards, as outlined in Law Number 16 of 2019, Article 7, which sets the minimum marriage age at 19 for both men and women. However, the Compilation of Islamic Law (KHI) stipulates a minimum age of 19 for men and 16 for women, allowing marriages below these ages if a marriage dispensation is obtained from the Religious Court. In 2020, records from the Wonosalam District Religious Affairs Office showed that 22 out of 282 marriages involved such dispensations. This study, using interviews and documentation, analyzed early marriage cases through a descriptive method. Findings suggest that underage marriage should not be justified solely by one maqashid value, such as avoiding adultery. Marriage should ensure the fulfillment of multiple maqashid values, including hifz al-nafs (protection of the soul), hifz al-mal (protection of wealth), hifz al-'aql (protection of intellect), and hifz al-din (protection of religion). The practice of early marriage should be carefully evaluated, considering both its benefits and drawbacks in light of maqashid principles. Focusing on a single maqashid value while neglecting others contradicts the comprehensive message of the Qur'an, which emphasizes the balance of maslahah (benefit) and mafsadat (harm). Thus, underage marriage requires a thorough consideration of all relevant aspects to uphold the Qur'anic ideals.
TINJAUAN UU. PERKAWINAN NOMOR 1 TAHUN 1974 TENTANG PERNIKAHAN SIRRI DALAM ACARA KHTBAH Muhammad Burhanuddin; Abd. Basit Misbachul Fitri
Salimiya: Jurnal Studi Ilmu Keagamaan Islam Vol 5 No 1 (2024): Salimiya
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian kepada Masyarakat (LP3M) IAIFA Kediri

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This reaserch takes the title Marriage at a Sermon event in the review of Law number 16 of 2019 (Case study in Pakel Village, Bareng District, Jombang Regency). There are two questions. First, what is the background for carrying out a sirri wedding at the Khitbah event? Second, how is the review of Law number 1 of 1974 Sirri marriage at the Khitbah event. The research we collected through interviews and documents was then analyzed using narrative techniques and content, using an analytical deductive mindset, namely the data was analyzed by reviewing Law number 1 of 1974 on Siri Marriage at the Khitbah event. The research we collected through interviews and documents was then analyzed using narrative techniques and content, using an analytical deductive mindset, namely the data was analyzed by reviewing Law number 1 of 1974 on Siri Marriage at the Khitbah event.
URGENSI RAFA’ SEBAGAI SALAH SATU INSTRUMENT SYARAT PENCATATAN PERKAWINAN PERSPEKTIF MASLAHAH AL-SYATIBI Abd. Basit Misbachul Fitri; Imilda Zakkiyatie
Salimiya: Jurnal Studi Ilmu Keagamaan Islam Vol 5 No 3 (2024): Salimiya
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian kepada Masyarakat (LP3M) IAIFA Kediri

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In Indonesia, a marriage is considered legally valid by the state if it is recorded by the Marriage Registrar (PPN). This is by Article 2, paragraph 1 of Law No. 1 of 1974 concerning Marriage, which states that every marriage must be registered according to the applicable laws. Before the marriage is recorded, the bride and groom (catin) and the marriage guardian must undergo the rafa’ process. Rafa’ is a prerequisite that must be followed by the bride and groom and the marriage guardian for the marriage to be legally recognized. This study addresses two main issues: (1) What is the mechanism of rafa’ at the KUA of Jombang Subdistrict, Jombang Regency? (2) How is the rafa’ mechanism at the KUA of Jombang Subdistrict viewed from the perspective of Maslahah? This research uses a juridical-empirical approach with a qualitative research type and a descriptive-analytical method. Data collection was conducted through observation, documentation, and interviews, which were then analyzed using the Maslahah Al-Syatibi approach. This study concludes two things. First, the rafa’ mechanism at the KUA of Jombang Subdistrict, Jombang Regency complies with the provisions of Minister of Religious Affairs Regulation No. 20 of 2019. Second, the stages and procedures of rafa’ at the KUA are consistent with the maslahah theory proposed by Imam al-Syatibi, where the maslahah values embedded in rafa’ align with the values derived from Islamic legal sources.
PEMBAGIAN HARTA GONO GINI AKIBAT PERCERAIAN PERSPEKTIF HUKUM ISLAM Anggi Widiyastuti; Siti Fatimah; Abd. Basit Misbachul Fitri; Sandi Ferdy Yulianto
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2025): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

This study examines harta gono gini (joint marital property) as shared assets acquired during marriage, analyzed through the Islamic legal concept of syirkah (partnership). The research explores how joint property is formed through spousal collaboration in livelihood, despite differing roles, and how it should be divided post-divorce to ensure fairness. Using a qualitative approach, this study analyzes religious and customary perspectives on asset distribution, emphasizing equity and local traditions (urf). Findings indicate that harta gono gini includes assets jointly earned during marriage, while individually acquired or inherited property remains separate. The study concludes that Islamic principles and socio-cultural norms must be balanced to achieve just solutions in marital property disputes.
Co-Authors Anggi Widiyastuti Imilda Zakkiyatie M. Qomar Muhammad Burhanuddin Sandi Ferdy Yulianto SITI FATIMAH