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All Journal At-Tahdzib: Jurnal Studi Islam dan Muamalah Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah)
Yayat Dimyati
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Reconstruction of Marriage Dispensation Regulation in the Ethic Perspective of Care Yayat Dimyati
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 2 No 2 (2025): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/yw5a8j27

Abstract

This study aims to reconstruct the regulation of marriage dispensation in Indonesia through the perspective of Ethic of Care which emphasizes the value of care, empathy, and moral relationships in legal decision-making. The marriage dispensation regulation contained in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 and Supreme Court Regulation (Perma) Number 5 of 2019, basically seeks to protect children from the practice of early marriage. However, in practice, many dispensation decisions are still oriented towards legal formalism and socio-economic considerations alone, not in the best interest of the child. Through the Ethic of Care approach, this research offers a new paradigm that places affective, relational, and moral aspects as the basis for consideration by judges and policymakers in determining the marriage dispensation. This approach is expected to strengthen child protection while building a more humanistic and contextual legal policy. Thus, this study concludes that the Ethic of Care can be a new ethical and philosophical foundation for family law reform in Indonesia, especially in the context of marriage dispensation. This paradigm places law not just as a system of state orders, but as a means of maintaining life (caring justice). Care-based reconstruction will strengthen the protective function of the law against girls, who have often been victims of early marriage practices due to cultural or social pressures. Finally, the implementation of Ethic of Care in the regulation of marriage dispensation is expected to be able to give birth to a family law system that is more substantive justice, responsive to human values, and morally civilized. This paradigm not only corrects the weaknesses of legal formalism, but also restores the function of law as an instrument that hears, understands, and cares for human lifeso that every legal decision is not only juridically valid, but also ethically and humanly correct.
Studi Komparasi Pendapat Imam Syafi’i Dan Ibnu Hazm Tentang Nafkah Bagi Istri Yang Nusyuz Yayat Dimyati
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 8 No 2 (2020): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Making a living is one of the important things in domestic life. Therefore, rules relating to livelihood problems need to be studied. But in this livelihood problem there is a difference of opinion between Imam Shafi'i and Ibn Hazm regarding the matter of livelihood for an elderly wife. The purpose of the nushuz is the attitude of defiance or dishonesty of the wife towards her husband. The verses of the Qur'an which explain explicitly and clearly about the failure or failure of living for an incompetent wife do not exist. However, the two Imams above have their respective arguments in punishing the matter. Based on this the authors are interested in expressing differences of opinion between the two Imams above. The results of this study are: Imam Shafi'i argues that if the wife of Hussein then his right to earn a living will be killed, unless the wife has returned from his Hussein. While Ibn Hazm argues that whether a wife is nushuz or not, he will still earn a living. This research can be concluded that the difference of opinion between the two priests above is caused by differences in the methods and legal basis used as a basis in establishing the law of a problem by the two priests. Imam Shafi'i in stipulating the law regarding the above problem is based on ijma 'jumhur ulama which states that nushuz is one of the reasons that can make a living. Whereas Ibn Hazm is based on the meaning of Dhahr from al-Qur'an's an-Nisa verse 34 and the Prophet's Hadith narrated by Muslims. Therefore, the authors suggest that husband and wife must truly understand their rights and obligations towards their partners, so as to create a peaceful and peaceful home life.
Studi Komparasi Antara Pendapat Madzhab Maliki dan Madzhab Syafi’i tentang Mahar Mitsil Bagi Istri yang Ditinggal Mati Suaminya Qobla Dukhul Yayat Dimyati
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 7 No 1 (2019): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v7i1.291

Abstract

One of the issues that need to be highlighted as well as the attention among Muslims is the issue of dowry, especially in the situation of a husband who does not determine the dowry and dies qabla dukhul. Furthermore, regarding the dowry of qabla dukhul, there were differences of opinion from several Muslim scholars, especially Maliki and the Shafi'i School of Religion. The purpose of this study was to find out the opinions of Madhab Maliki and Syafi'i Madhhab about the dowry of the night for the wife left behind by her husband qobla dukhul and to find out about the law of Madhab Maliki and Syafi'i Madhhab to find out the similarities and differences of opinion between the two schools. The results showed that according to the Maliki School of Wife whose wife had left her husband qobla dukhul and had not mentioned the dowry, the wife was not entitled to receive dowry but was entitled to inheritance. Whereas according to the Shafi'i School of Religion in this matter, it was argued that if the wife left behind by her husband qobla dukhul while the husband did not mention the dowry, the wife would still be entitled to receive dowry and inheritance. Based on the analysis in this study, it can be concluded that the differences of opinion between the Maliki Madrasah and the Syafi'i Madhhabis are caused by the conflict between qiyas and atsar. Madhab Maliki stressed the dowry of prices on buying and selling. So when the husband dies qobla dukhul, the husband does not need to pay dowry. The Maliki school of thought took up the argument by referring to the friend of Ali ibn Abi Talib. While the Shafi'i School of Understanding has an understanding that when the marriage contract has taken place, and the marriage becomes legal from the side of the law, the bride price must be given to the wife. This opinion holds to the hadith narrated by Tirmidhi from Ibn Mas'ud
Wasiat Khiyariyah dalam Perspektif Maqashid Al Syariah Imam Al Syathiby: (Studi kasus di Desa Gondangmanis Kecamatan Bandarkedungmulyo Kabupaten Jombang) Yayat Dimyati; Zainal Fanani; Nurul Huda
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 11 No 2 (2023): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v11i2.317

Abstract

Background. This research is intended to provide an analysis of Ikhiyariyah wills in the perspective of the maqashid Syariah Imam Al Syathibi (a case study in Gondangmanis Village, Bandarkedungmulyo District, Jombang Regency). The main problems are 1). What is meant by a khiyariyah will according to the scholars? 2). What is the khiyariyah will according to maqashib Imam Al Syathibi? Aim. After conducting an in-depth analysis, it was found that in terms of the obligatory testament, the maqashid perspective of Imam Al Syathibi and the opinions of the clergy and practice in Gondangmanis Village are in line. The opinion of the scholars stated that giving a mandatory will to adopted children or adoptive parents and not to the heirs. In Imam Al Syathibi's thought, the general rule of the first maqasid formulation is that the Shari'a is made to safeguard the benefit of the servant, both the benefit in this world and the benefit in the hereafter. The benefit of this servant includes benefit at the primary (dharuriyyat), secondary (hajiyat) and tertiary (tahsiniyyat) levels. Once the khiyariyah will that occurred in Gondangmanis Village was carried out for the benefit. Methods. In discussing this problem the research method used is qualitative research and this type of research is field research using a phenomenological approach to qualitative research which does not require in-depth knowledge of the literature used and certain abilities on the part of the researcher. Results. In terms of determining the number of levels of khiyariyah wills that will be obtained for those who are entitled to receive them, the ulama and the realization in Gondangmanis Village tend to be the same, namely a maximum of one third (1/3). According to maqashid Imam Al Syathibi, this is appropriate for the benefit of making Islamic law. This is done so that disharmony does not occur in the family and still maintain social relations between them.
Prinsip Keadilan Dalam Poligami: (Studi kasus KH. Ahmad Masruh IM, M.H Dan KH. Muhammad Farid Zaini Lc.) Yayat Dimyati; Ferlina Revian Astuti
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 11 No 1 (2023): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v11i1.369

Abstract

Abstract: The factors studied in this study relate to the principle of fairness in polygamy: multisite kh studies. Ahmad Masruh IM and KH. Muhammad Farid Zaini. The purpose of this research is to know the practice of polygamy as well as the principle of justice according to kh thinking. Ahmad Masruh IM and KH. Muhammad Farid Zaini on justice in polygamy.This research uses qualitative method with qualitative field research method and this research uses descriptive qualitative approach related to events and events that occur at this time. The result of this study is about the principle of justice in the practice of polygamy where the principle of justice is only given to the husband, if the husband is able to provide for a living, a place to live, and a turnaround time, then the husband is said to be able to do justice.Polygamy is an inevitability that exists in Islam. The basic principle of polygamy is an element of justice. One factor shows fairness in clothing, food, boards and mu'amalah between his wife. As for justice that is love and compassion will not be able to be fair. So that a husband keeps himself, do not overdo it with one of his wives. It can be seen in the historical fact that the prophet, companions, tabi'in and many Muslims who do polygamy is a man who has goodness above good, this is special personally and in general for the wider community. As for those who argue that polygamy is forbidden because it considers the impossibility of justice in polygamy. Justice in polygamy in Islam is limited in three ways, the first is the amount, the second is the living and the third is justice between wives. In principle, the two verses above state that the principle of marriage is polygamy and an exception to monogamy. But by the rule that al-ahlu da'iman yuqoddamu al-istitsna'. It means adalag istisna' always preceded by principle, because knowledge is strengthening.
Co-Authors Ferlina Revian Astuti Nurul huda Zainal Fanani