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Yayat Dimyati
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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

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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
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

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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.
Efektifitas Mediator Dalam Menekan Tingkat Perceraian Yayat Dimyati; Hasyim Asy'ari; Musoto Mustoto
Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Vol 4 No 1 (2019): Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v4i1.398

Abstract

Mediator adalah suatu upaya mendamaikan bagi para pihak yang berperkara, peran mendamaiakan pihak-pihak yang yang bersengketa itu lebih utama dari fungsi hakim dan Memberikan infut masukan agar menghadirkan keluarga dekat untuk membantu mendamaikan dan mengangkat hakamen memberikan masukan kepada majlis untuk dihadirkan keluarga antar kedua belah pihakdalam pasal 1858 KUH perdata dikemukakan bahwa semua putusan perdamaian yang dibuat dalam sidang akan mempuyai hukum tetap seperti putusan pengadilan lainnya dalam tingkat pengabisan, puutusan perdamian itu tidak dapat dibantah dengan alasan kekhilafan mengenai hukum atau alasan salah satu pihak telah dirugikan oleh putusan itu. Beberapa saran sebagai implikasi dari penelitian : pengadilan agama diharapkanmelakukanpemeriksaandenganadil dan tidak memihak sesuai dengan fakta-fakta dan dengan menerapkan prinsip-prinsip hukum yang baik dan benar, serta menjadi gambaran bagi Peradilan Agama lain agar senantiasa menjalankan aturan yang telah diberikan oleh instnsi Peradilan Tertinggi Negara dalam pemeriksaan terhadap masyarakat pencari keadilan.
Surat Keterangan Tidak Hamil Bagi Calon Mempelai Janda Untuk Menikah: Studi Kasus Di KUA Kecamatan Jogoroto Jombang Moh. Zunaidi Halimi; Yayat Dimyati
AT-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 10 No 1 (2022): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Ngoro Jombang Indonesia

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Abstract

Background. The Office of Religious Affairs is the foremost agency of the Ministry of Religion in carrying out the duties of Islamic religious affairs in district level. As a community guidance and service institution, of course, the KUA plays a major role in the creation of a social order under its auspices, both in the field of religion or marriage. So things that can show benefit or benefit must be pursued.Aim. (1) To describe the marriage procedure at KUA Jogoroto Jombang Subdistrict, and (2) Urituk to find out in depth the review of maslahah on additional requirements for marriage at KUA Tembelang District, Jombang.Methods. To answer these two questions, the approach used in writing this thesis is descriptive qualitative, namely research methods that aim to accurately describe the characteristics of an individual, situation, symptom or particular group. This qualitative descriptive method researchers use to systematically describe how the procedures used by KUA Jogoroto sub-district in organizing marriages will then be analyzed with Islamic law.Results. Analysis of the data obtained from the research findings can be revealed that: (1) As with the marriage procedure in KUA in general, KUA Jogoroto also applies the same rules based on the applicable law. The only difference is that there are special rules for prospective brides who are already widows, which must attach a pregnancy-free certificate from the sub-district health center as a mandatory requirement for marriage at the KUA Jogoroto District (2) The policy of the Head of the Jogoroto District KUA is to apply special rules for widows who are getting married at KUA Jogoroto District with the aim of preventing violations of the iddah period / waiting time and reducing the number of marriages of pregnant women as well as providing an understanding to the Jogoroto community about the iddah period does not conflict with Islamic law and is a policy that has benefit values ​​and can be established as a rule.
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

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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 Hasyim Asy'ari Moh. Zunaidi Halimi Musoto Mustoto