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All Journal JURNAL MAHKAMAH Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam
Al Kaswy, Titi Rusydiyati
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Religion Law, Crime, Criminology & Criminal Justice

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Contextualization of the Law of Marrying Adultery on Married by Accident Phenomenon in the Hadith History of Imam Abu Dawud nasrulloh, nasrulloh; Nabila, Farhanah Az Zahrowani; Al Kaswy, Titi Rusydiyati
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 6 No. 2 December (2021)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v6i2.1750

Abstract

This article contains the legal contextualization of marrying adulterers on the emergence of the phenomenon Married by Accident in Indonesia with the hadith in Sunan Abu Dawud number 2052. The discussion regarding the quality of the hadith in Sunan Abu Dawud number 2052 in its use as evidence (hujjah) and how is the correlation between the meaning of the hadith and the contextualization of the rules of marrying an adulterer in the phenomenon of married by accident is interesting to discuss seeing the position of hadith as a muttafaq source in addressing all of the problems in human life. The method used in this study is a fiqh-hadith approach using takhrij hadith. The results obtained show that the quality of the hadith prohibiting adulterous marriage on Sunan Abu Dawud number 2052 can be categorized as authentic hadith and can be used as evidence (hujjah) in the legal decision (istinbath) of marriying adulterers. Meanwhile, the meaning analysis of this hadith correlated with the Married by accident phenomenon can be known that the law of marrying an adulterer is permitted by consider the benefit in it.
FORMULATION OF CHILD-FRIENDLY BANTENGAN ARTS POLICY BASED ON MAQASID SYARIAH IN MALANG REGENCY Al Kaswy, Titi Rusydiyati; Ch, Mufidah; Musataklima, Musataklima
JURNAL HAKAM Vol 10, No 1 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i1.14746

Abstract

Children’s involvement in the preservation of Bantengan art is part of the implementation of children’s rights to participate, but on the other hand, it can raise concerns that contradict other children’s rights such as the right to education, worship, and rest. Meanwhile, the Child Protection Law emphasizes the obligation to maintain the physical, psychological, and social well-being of children, but the Cultural Advancement Law does not explicitly integrate child protection principles into it. Studies on Bantengan mostly focus on cultural symbolism, community identity, or socio-economic aspects, thus leaving a normative gap regarding how cultural preservation policies can be aligned with the protection of children’s rights. Furthermore, the application of maqasid shari’ah as a normative framework for formulating operational regulations governing children’s participation in preserving Bantengan art is still under-explored in legal studies. This research is a socio-legal field study that uses a statute, conceptual, and disciplinary approach from legal anthropology and sociology of law. Data were collected through interviews, observations, and literature review. Then, it was analyzed using qualitative analysis, resulting in prescriptive legal recommendations. The findings of this study propose a procedural policy framework based on maqasid shari’ah especially the principle of al-daruriyyat al-khams that ensures the preservation of a child-friendly culture, including the protection of children from physical and psychological violence; age limits and children’s roles; the right to education and rest time; parental supervision; educational and inclusive cultural performances; and enhancing the capabilities of Bantengan community. This study contributes theoretically by integrating the sharia of maqasid shari’ah into the formulation of cultural policies and practically by offering a normative framework for local regulations that balance cultural preservation with child protection.
Co-Authors Mufidah Ch Musataklima Musataklima, Musataklima Nabila, Farhanah Az Zahrowani Nasrulloh Nasrulloh