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Ahmad Khotim
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Adil Dalam Poligami Menurut Kyai Di Jombang Perspektif M. Quraish Shihab Ahmad Khotim
AT-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 7 No 2 (2019): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Ngoro Jombang Indonesia

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Abstract

This article reviews about M. Quraish Shihab's perspective polygamy, and the one who practices polygamy is a Kyai in Jombang Regency. The status of polygamy has been registered at the Jombang M. Quraish Shihab Religious Court, seeing that justice can only be in the matter of matei, while being fair in matters of affection is very difficult to apply to people who are polygamous. Whereas the Kyai in Jombang who do polygamy can all only be fair in material matters, if in terms of affection it is very difficult to do this in line with the view of M. Quraish Shihab.
Adil Dalam Poligami Menurut Kyai Di Jombang Perspektif M. Quraish Shihab Ahmad Khotim
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 7 No 2 (2019): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

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

Abstract

This article reviews about M. Quraish Shihab's perspective polygamy, and the one who practices polygamy is a Kyai in Jombang Regency. The status of polygamy has been registered at the Jombang M. Quraish Shihab Religious Court, seeing that justice can only be in the matter of matei, while being fair in matters of affection is very difficult to apply to people who are polygamous. Whereas the Kyai in Jombang who do polygamy can all only be fair in material matters, if in terms of affection it is very difficult to do this in line with the view of M. Quraish Shihab.
Pendapat Syafi’iyah Dan Hanafiyah Tentang Wali Adhal Karena Calon Suami Berjarak Jauh Ditinjau Dari Maslahah Mursalah Ahmad Khotim
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 9 No 1 (2021): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

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Abstract

Background. Marriage is a very strong contract (mitsaqan galidzan) between a man and a woman as a form of worship to Allah SWT to form a family that is sakinah mawadah wa rohmah. Marriage in the Indonesian legal system, especially for those who embrace Islam, requires a marriage guardian which is regulated in articles 19 to 23 of the Compilation of Islamic Law (KHI) and article 18 of the minister of religion regulation number 11 of 2007 concerning registration of marriages. Guardianship is an inseparable part of a marriage, because a guardian is a person who must be present when a marriage takes place. The involvement of a guardian in a marriage determines (valid or not) the marriage contract in the view of Islamic law.Aim. This research was written to answer the questions outlined in 2 (two) problem formulations, namely: (1) How to find out the opinion of Imam Shafi'i and Imam Hanafi regarding the law of guardianship because the reason is that the prospective husband is far away. (2) What is the legal adhalnya guardian because the prospective husband is far away in the view of Maslahah Mursalah.Methods. The library data needed in this study will be collected using collection techniques. in this qualitative research will use inductive analysis.Results. According to Syafi'iiyah the existence of a marriage guardian absolutely must exist in a marriage. Because marriage without a guardian's permission is invalid. Meanwhile, Hanafiyah's permission for a guardian is not a legal requirement for marriage, but only complements the marriage vows. Based on Maslahah Mursalah's analysis regarding the adhal of a guardian for the reason that the husband-to-be comes from a remote area, there is no argument from the Koran or hadith that prohibits it. There are also no prohibitions (obstacles) on marriage in the form of kinship relations, sexual relations, and sexual relations (rodlo') to be carried out by the bride and groom.
PERKARA PERPINDAHAN WALI DARI WALI NASAB KEPADA WALI HAKIM KARENA WALI ADHOL (Studi Penetapan Perkara Nomor : 0097/ Pdt.P/ 2010/ PA. Kab. Kdr): (Studi Penetapan Perkara Nomor : 0097/ Pdt.P/ 2010/ PA. Kab. Kdr) Ahmad Khotim
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.v11i1.367

Abstract

Background. A woman who wants to marry a man must go through her parents (guardians) and with the consent of both, so that her household is in harmony with her parents' household. Don't let the newly built household have a bad impact on the parents, because the daughter marries a man her parents don't approve of. Therefore, it is appropriate to hand over the marriage to the guardian without forgetting the daughter's consent. Aim. This research was written to answer the questions outlined in two problem formulations, namely: (1)What is the reason for submitting a request for appointment as Wali Adhol to the Kediri Regency Religious Court (2) What is the judge's legal consideration regarding the granting or rejection of the application for appointment of adhol guardian Number: 0097/pdt.p/2010/PA.Kab.Kediri Methods. The problem approach method used in this research is a normative juridical approach model, namely an approach that focuses on the norms that apply and originate from juridical provisions. This means both from fiqh books, applicable laws and opinions from legal experts related to the issues the author discusses. Results. The reason the applicant's parents refused to become guardians was because they were following the wishes of their parents (the applicant's grandfather) that their child not marry someone from the same village. The judge's considerations in granting the application for the appointment of adhol guardians were because the parents' reasons for refusing to become guardians could not be justified either according to religion or law.
A ANALISIS TERHADAP PENETAPAN DISPENSASI NIKAH MENGGUNAKAN TEORI MASLAHAH : (Penetapan Perkara Nomor : 450/Pdt.P/2020/PA.Jbg) Ahmad Khotim; Ahmad Insya' Ansori
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.v11i2.368

Abstract

Background. Underage marriage is a marriage that occurs by someone who has not reached the age as intended in Law Number 1 of 1974 concerning Marriage in article 7 paragraph 1 as amended by Law Number 16 of 2019 which states that marriage is only permitted if the parties -The parties are male and female and have reached the age of 19 years. Aim. This research was written to answer the questions outlined in 2 problem formulations, namely: (1) What are the reasons the judge considers when deciding on a request for a marriage dispensation? (2) What is the analysis of the determination of marriage dispensation using maslahah theory in the Jombang Religious Court? Methods. The problem approach method used in this research is a normative juridical approach model, namely an approach that focuses on the norms that apply and originate from juridical provisions. This means both from fiqh books, applicable laws and opinions from legal. Results. The Jombang Regency Religious Court Judge in deciding the Application for Marriage Dispensation uses legal considerations of expediency supported by evidence which according to the judge is quite strong, both written evidence and oral evidence. The judge's policy in giving a decision is in accordance with maslahah because the decision states that if the request for a marriage dispensation is not granted, it will raise fears of adultery or acts prohibited by religion.
Co-Authors Ahmad Insya' Ansori