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Between Conservatism and Progressivism: The Young Penghulu in East Java's Legal Paradigm Addresses Disability Issues in Marriage Nur Hadi, Mukhammad; Ali Sabri, Fahruddin; Masum, Ahmad
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.7352

The legal knowledge of penghulu on disability issues determines how to implement laws that advocate for persons with disabilities. This paper traces the legal paradigm of seven Penghulus in East Java who were newly inducted in 2022 against several articles in the Compilation of Islamic Law (KHI) that touch on disability issues. Some of the themes tracked are marriage guardians (article 22), marriage witnesses (article 25), and polygamy (article 57). It is an empirical study using conceptual and philosophical approaches. This article finds that most young East Javanese penghulu still need an advocate interpretation paradigm because they read the articles authentically and grammatically, not sociologically or teleologically. The benefit (maslahah) aspect of these articles is also considered to look more authentic. Therefore, the argument of advocates for the rights of persons with a human rights perspective is not widely involved. As a result, persons with disabilities who are guardians of marriage, witnesses of marriage, and wives can become victims of neglect of fundamental civil rights in marriage. It is where the conservative paradigm of the young penghulu comes into being strong and dominant. The existence of the progressive paradigm is also buried and framed in the current conservative paradigm. This finding is certainly an important note about how the government indirectly shapes the contestation of conservative and progressive paradigms in family law.

Islamic Law and Ethics: The Role and Obligations of Marriage for Individuals with Intellectual Disabilities Sabri, Fahruddin Ali
International Journal of Law Dynamics Review Vol. 2 No. 1 (2024): May
Publisher : Nursyam Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62039/ijldr.v2i1.34

This article examines Islamic law and ethics used to analyze the position and ethics of persons with intellectual disabilities in marriage. They have the same right to marry without discrimination or stigma. Literary and descriptive methods were used in this study, as well as document comparison. The study found that Islamic scholars of various schools expressed their opinions about the marriages of people with intellectual disabilities and their legal responsibilities. Although the majority of madhhabs recognize that their marriages are valid, there are questions about their responsibilities after the marriage. This issue is addressed in several edicts of scholars; Some of them allow marriage if there is sexual attraction. However, the question of how they can take responsibility and consent in the context of sexuality is still the subject of discussion. To determine whether people with intellectual disabilities can fulfill their marital obligations, the concept of responsibility, both etymological and terminological, is discussed. Studies show that a person's ability to take responsibility is affected by their level of disability. This perspective discusses the impact of Islamic law and the daily lives of people with intellectual disabilities, such as the possibility of guardianship or representation in decisions about marriage and sexuality. According to this study, the personal responsibilities and rights of people with intellectual disabilities should be carefully considered.

Wage-based Dowry Legal Paradigm: Perspectives of Muslim Generation Z in Surabaya Hadi, Mukhammad Nur; Syatta, Indy Mafiiqo; Safitri, Eka; Sabri, Fahruddin Ali; Masum, Ahmad
Al-Ahkam Vol 33, No 2 (2023): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2023.33.2.17591

This paper traces the perception of Generation Z Muslims in Surabaya about marriage dowry. Data was obtained from questionnaires distributed to them, and finally received 174 respondents. Two things that were tracked were their perception of the Regional Minimum Wage-based dowry quality and quantity standards and their legal paradigm towards the idea of wage-based dowry. This study shows two important things. First, most of them disagree with wage-based dowry in the context of quantity. On the other hand, in the context of quality, they agree that dowry should be of productive value. At this point, they display a unique position because productivity is interpreted dually, wage-based standards and not. Second, they respond to this issue using four paradigms: sociological, normative, anthropological, and juridical. Sociological and juridical paradigms create the value of reciprocal protection, male and female. The normative paradigm establishes the importance of patriarchal protection. While the anthropological paradigm is more binding on the preservation of tradition. Here, it can be seen that the paradigm influence of protection on women in the context of wage-based dowry standards is quite strong, although sometimes women are trapped in a patriarchal paradigm.

THE MEANING OF OFFSPRING AND THE SPOUSE SELECTION OF JAVANESE MUSLIMS IN SURABAYA BASED ON MAQASID SHARIAH Sabri, Fahruddin Ali
Al-Risalah VOLUME 24 NO 2, NOPEMBER (2024)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.51049

This article aims to examine the significance of offspring ancestry and the spouse selection for Javanese Muslims in Surabaya in particular how social and religious norms influence individual decisions regarding marriage. Javanese Muslim society has binding social norms for its adherents in marriage. This study uses an experimental ethnographic approach with interactive dialogue methods and participant observation for seven months. The findings of the study show that Javanese Muslims in Surabaya still emphasize that offspring in marriage with children is considered a valuable asset of the family and the existence of a household. The absence of children can be considered a disgrace that causes social stigma for spouses. In addition, Javanese Muslims consider it important to the spouse selection with the guidance of the norm of ‘bibit-bebet-bobot’ which involves consideration of offspring, social status, and character of the partner. Although individuals have the freedom to spouses selection, they are bound by social norms to adhere to them to avoid social conflicts and negative stigmas. Social norms that are practiced excessively or negligently cause harm to individuals in spouse selection, this is considered contrary to the principle of middle position in maqasid shariah. The implications of these findings suggest that social norms and constructions in Javanese Muslims are still strong and influence individual decisions in marriage. This study contributes to an understanding of how religious and social norms can shape cultural practices at the local level as well as their relevance in the context of Islamic and social norms.

Realizing Post-Disaster Sakinah Families: Analysis of the Resilience of Semeru Eruption Survivors' Families at the Relocation Site from the Maqāṣid al-Sharī’ah Perspective Rosyadi, Imron; Shofi, Muhammad Aminuddin; Ningsih, Erlin Indaya; Sabri, Fahruddin Ali
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 2 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i2.22560

The aim of this research is to analyze the resilience of families of Semeru eruption survivors after being relocated to new housing from a Maqāṣid al-Sharī’ah perspective, referring to the parameters in the Regulation of the Minister of Women's Empowerment and Child Protection, there are four indicators to measure family resilience, namely: physical, economic, social psychological, and socio-cultural. This research includes field studies with a qualitative approach, collecting data using interview techniques, observation and documentation. Content analysis is used as a data analysis technique, with triangulation of data sources as a technique for checking data validity. The research findings show: sequentially the economic aspects felt most affected by the survivors of the Semeru eruption after relocation, loss of assets and difficulty in finding new livelihoods were the causes, in second place the psychological aspect was due to the trauma felt, in third place the socio-cultural aspect was due to having to adapt in a neighborhood with completely new neighbors, and finally the physical aspect due to the lack of health services in the new residence. The efforts made are looking for a new job, strengthening the closeness between family members, strengthening solidarity and solidity between families in a new environment, and strengthening the spiritual aspects of the family. From a Maqāṣid al-Sharī’ah perspective, the condition of survivors' families is not yet ideal, because these families are still classified as vulnerable in terms of economic aspects and the realization of the values of sakinah, mawaddah and rahmah. Referring to the provisions in Law no. 52 of 2009 and Law no. No. 24 of 2007, building the resilience of families of Semeru eruption survivors cannot be placed solely on the family, it needs real support from the government, professionals, academics and civil society, to make this happen.

Choosing Friends to Help a Victim of Domestic Violence in Surabaya Sabri, Fahruddin Ali
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 13 No. 1 (2023): June
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2023.13.1.27-49

State actors and non-State actors have an important role and contribution to solving acts of domestic violence. These actors are given space through Law No. 23 of 2004 concerning the Elimination of Domestic Violence. Legal protection and human rights are the main points for victims of domestic violence in protecting their dignity and dignity as human beings. Victims of domestic violence have the option to resolve it through both State and non-State actors, they seem comfortable with their choice of friends in resolving these acts of domestic violence. This article uses ethnographic methodology by observing the behavior, knowledge, beliefs, network of friends, and culture of the selection process for solving domestic violence in the city of Surabaya. This article is derived from data collected through documentation, semi-participant observation, and interactive dialogue. Friends as an institution where to complain, and seek resolution has been chosen by victims of domestic violence. They consider that friends play an important role as a preliminary institution rather than other actors such as nuclear relatives, police and courts who are State and other non-State actors.

LEGALITAS WARIS LINTAS RELIGI PERSPEKTIF YUSUF AL-QARAḌAWĪ DAN ‘ABD ALLĀH AḤMED AL-NA‘ĪM DITINJAU DARI MAQĀṢID SHARĪ‘AH IMAM AL-GHAZĀLĪ: Indonesia Ramadheni, Shaka Danendra; Sabri, Fahruddin Ali
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 2 (2024): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i2.1847

Raf‘ al-ḥaraj as an effort to remove hardship from a matter that is considered excessive for the soul, body, or property, either now or in the future. This study emphasizes to find the method of istinbāṭ, the foundation of legal istinbāṭ, and the analysis of the opinion of the legality of cross-religious inheritance of al-Qaraḍawī and al-Na'īm in the corridor of maqāṣid sharī‘ah of Imam al-Ghazālī. This research is a normative legal study with a library research approach to the book Fatwa-Fatwa Kontemporer volume 3 by Yusuf al-Qaraḍawī and the book Dekonstruksi Syari’ah: Wacana Kebebasan Sipil, HAM, dan Hubungan Internasional dalam Islam by ‘Abd Allāh Aḥmed al-Na‘īm. The study found that: first, al-Qaraḍawī uses the legal istinbāṭ approach of qiyās, maṣlaḥah mursalah, and the Hanafi school of thought on the interpretation of the connotation of kafir; while al-Na‘īm chooses to use reverse nasakh. Secondly, state policy and the social context of Muslim minorities influenced al-Qaraḍawī in issuing ijtihad on the legitimacy of inter-religious inheritance, while al-Na‘īm was motivated by the social context of his country and the death of his teacher, Mahmud Taha. In addition, it can be seen that in forming their opinions on the legitimacy of inter-religious inheritance, both figures strongly consider ḥifẓ al-dīn, ḥifẓ al-nafs, and ḥifẓ al-māl. This research is expected to contribute to offering a new perspective on Islamic law in the corridor of societal pluralism through maqāṣid sharī‘ah analysis.

Islamic Moderation in Religious Traditions: A Study of Bid'ah According to Aswaja NU Ghufron, Muhammad; Syamsuri; Ahmad Fizal Fakhri; Fahruddin Ali Sabri; Umi Chaidaroh
Tebuireng: Journal of Islamic Studies and Society Vol. 6 No. 1 (2025): Tebuireng: Journal of Islamic Studies and Society
Publisher : Fakultas Agama Islam, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/tjiss.v5i1.8805

This article discusses the concept of bid'ah in the perspective of Ahlus Sunnah wal Jamaah (Aswaja), especially according to Nahdlatul Ulama (NU). This study aims to examine how NU understands bid'ah and how its moderate attitude in responding to various religious traditions that are considered bid'ah. The research method used is a literature review with a qualitative approach. The results of the study show that NU applies the principle of moderation through the concept of maslahah in responding to new traditions that develop in society. Religious traditions such as tawassul, tabarruk, and the commemoration of Maulid are included in the category of bid'ah hasanah, which is accepted because it brings goodness both in social and spiritual aspects. NU's understanding of bid'ah provides a balance between maintaining good old traditions and accepting new innovations that are beneficial to the people.

Islamic Moderation in Religious Traditions: A Study of Bid'ah According to Aswaja NU Ghufron, Muhammad; Syamsuri; Ahmad Fizal Fakhri; Fahruddin Ali Sabri; Umi Chaidaroh
Tebuireng: Journal of Islamic Studies and Society Vol. 6 No. 1 (2025): Tebuireng: Journal of Islamic Studies and Society
Publisher : Fakultas Agama Islam, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/tjiss.v5i1.8805

This article discusses the concept of bid'ah in the perspective of Ahlus Sunnah wal Jamaah (Aswaja), especially according to Nahdlatul Ulama (NU). This study aims to examine how NU understands bid'ah and how its moderate attitude in responding to various religious traditions that are considered bid'ah. The research method used is a literature review with a qualitative approach. The results of the study show that NU applies the principle of moderation through the concept of maslahah in responding to new traditions that develop in society. Religious traditions such as tawassul, tabarruk, and the commemoration of Maulid are included in the category of bid'ah hasanah, which is accepted because it brings goodness both in social and spiritual aspects. NU's understanding of bid'ah provides a balance between maintaining good old traditions and accepting new innovations that are beneficial to the people.

Between Conservatism and Progressivism: The Young Penghulu in East Java's Legal Paradigm Addresses Disability Issues in Marriage Nur Hadi, Mukhammad; Ali Sabri, Fahruddin; Masum, Ahmad
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.7352

The legal knowledge of penghulu on disability issues determines how to implement laws that advocate for persons with disabilities. This paper traces the legal paradigm of seven Penghulus in East Java who were newly inducted in 2022 against several articles in the Compilation of Islamic Law (KHI) that touch on disability issues. Some of the themes tracked are marriage guardians (article 22), marriage witnesses (article 25), and polygamy (article 57). It is an empirical study using conceptual and philosophical approaches. This article finds that most young East Javanese penghulu still need an advocate interpretation paradigm because they read the articles authentically and grammatically, not sociologically or teleologically. The benefit (maslahah) aspect of these articles is also considered to look more authentic. Therefore, the argument of advocates for the rights of persons with a human rights perspective is not widely involved. As a result, persons with disabilities who are guardians of marriage, witnesses of marriage, and wives can become victims of neglect of fundamental civil rights in marriage. It is where the conservative paradigm of the young penghulu comes into being strong and dominant. The existence of the progressive paradigm is also buried and framed in the current conservative paradigm. This finding is certainly an important note about how the government indirectly shapes the contestation of conservative and progressive paradigms in family law.

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