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All Journal Intizar Pendidikan Multikultural Jurnal Ilmiah Ahwal Syakhshiyyah (JAS) Jurna Ilmiah Hukum Keluarga Islam Vicratina : Jurnal Ilmiah Keagamaan Bulletin of Indonesian Islamic Studies
Syamsu Madyan
Universitas Islam Malang
Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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TRADISI PERNIKAHAN DI DEPAN MAYIT ATAS DASAR WASIAT DALAM PERSPEKTIF HUKUM ISLAM Zakiatus Safira; Ibnu Jazari; Syamsu Madyan
Jurnal Hikmatina Vol 3, No 2 (2021): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah )
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Regarding the issue of marriage, of course, people always have their own customs or traditions. One of them is the tradition of marriage in front of the deceased, which is a traditional tradition of marriage that is only done in certain areas. As has been explained that the contract at this marriage is carried out near the body of one of the parents of the prospective bride and groom. As a form of final respect to parents. However, there is a lot of controversy over this tradition. With the contradiction in the implementation of the marriage in front of the deceased, presumably this tradition needs to be reexamined using principles so that the tradition can be categorized as a valid custom and its truth can be preserved, besides that it can become a reference for legal considerations and customs of the fasid that must be eliminated because its freedoms. Questions like that will be discussed in this study. This study uses the library method by utilizing library sources to obtain research data. The results of this study conclude that from the perspective of traditional Islamic law such as this is permissible, there is no deviation from this tradition while still stipulating the conditions that apply to marriage. And more importantly, because there are different traditions that are believed by some people because not all can accept the various traditions that exist in their respective circles. So it is better to respect each other for the tradition of marriage in front of the deceased and hopefully it will be of benefit to all of us. Keywords: tradition, wedding in front of mayit, testament, Islamic law
KONSEP BERPOLIGAMI PERSPEKTIF MADZHAB SYAFI’I DAN KOMPILASI HUKUM ISLAM Muhammad Alwy Asy-Syif Hadiyulloh; ibnu Jazari; Syamsu Madyan
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

According to the Big Indonesian Dictionary, polygamy is a marriage system in which one party owns or marries several members of the opposite sex at the same time. This research is a type of research (library research). That is a study that seeks to explore theories that have developed in the field of science related to a problem, look for methods, and research techniques both in collecting data or analyzing research that has been used by previous researchers, obtaining a broader orientation in selected problems and avoid unwanted duplication by leading to the development of existing concepts and facts. The terms of justice in polygamy are also expressed by the priests of the madzhab including Imam Syafi'i. In the case of polygamy a husband may have more than one wife but is limited to four wives. However, this permissibility has a condition that is to be fair between the women, either from a living or in turn. In this case, Imam Syafi'i added, another condition that must be emphasized is that the husband must be able to guarantee the rights of his wife and children
ANALISIS YURIDIS TERHADAP PERTIMBANGAN HUKUM OLEH HAKIM PENGADILAN AGAMA KABUPATEN MALANG TENTANG DISPENSASI NIKAH (STUDI PENETAPAN NO. 1564/Pdt.P/2020/PA.Kab.Mlg) Mas Hadi Malik Al Mustofa; Ach. Faisol; Syamsu Madyan
Jurnal Hikmatina Vol 3, No 3 (2021): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

A judge in deciding a case must include considerations in the determination or decision that is produced. Legal considerations are also required in the case of a marriage dispensation application. This study aims to describe how a judge considers a marriage dispensation application submitted to the Malang Regency Religious Court to be granted or rejected. Also to find out how the juridical analysis of the determination resulted from these considerations. This research was conducted using qualitative methods. The results obtained by the researcher that the legal considerations by the Malang Regency Religious Court judges on the application for marriage dispensation are judges in handling marriage dispensation cases based on Supreme Court Regulation Number 5 of 2019. By referring to PERMA, it was found that the applicant was worried about the occurrence of something prohibited by religion if the child is not immediately married, because the applicant's child has been engaged to his partner for 2 years. The judge considered that both of them were ready to build a household, and if the marriage was not carried out immediately it would cause greater harm. The stipulation given also has basic legal values including legal certainty, justice, and benefit both to the parties concerned and to the community.
PADA PROSES PERNIKAHAN MASYARAKAT SUKU SASAK DALAM PERSPEKTIF ANTROPOLOGI HUKUM (STUDI DI DESA GONDANG, KABUPATEN LOMBOK UTARA) Ahmad Gautsul Anam; Ach. Faisol; Syamsu Madyan
Jurnal Hikmatina Vol 3, No 3 (2021): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Marriage is something that is very sacred in human life to unite two different people. Besides being believed to be sacred, marriage is a sunnah practice that is carried out in addition to carrying out descendants, it is also a form of worship. There are various kinds of traditions in the marriage process carried out in order to achieve the fabric of love and affection for the two people, that the marriage process is carried out with the demands of religious law and in a tradition that becomes a habit carried out by the local community in carrying out the marriage. The tradition is preserved and made a habit because it can become the identity of a region, and how the provisions of an area to overcome this. As with the marriage tradition found in North Lombok or Gondang Village in particular, that the tradition of returning home has various processes that are used as customs to obtain legal approval in accordance with applicable customary manners and cannot be separated from the guidance of Islamic teachings. So that a tradition can be preserved and made a habit in recognizing the identity of an area.
KONSEKUENSI ABORSI TERHADAP HAK WARIS (ANALISA PEMIKIRAN PARA FUQAHA) Choiro Umi; Ach. Faisol; Syamsu Madyan
Jurnal Hikmatina Vol 1, No 2 (2019): JURNAL HIKMATINA
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

The Abortion case is one concrete example, that in Life today there is no denying, so many crimes that occur in the community. Especially crimes against children and women. Abortion has always been controversial among many people including in Islamic society and caused differences of opinion among the jurists in determining the law. This study aims to find out about the laws of abortion according to the scholars and the forms of punishment that will be accepted by abortionists and especially on the consequences of inheritance. Because to prevent the rampant crime, it is necessary to add learning about this problem so that people are aware of crime. This thesis uses the Normative or Library approach method (library researc). Namely research by collecting data and information with the help of various references contained in the library space that are related to the consequences of abortion on inheritance rights (analysis of thoughts of the jurists). This research is descriptive-analytic by describing and analyzing carefully the consequences of abortion on inheritance rights (analysis of reasoning of the jurists). Kata Kunci : Aborsi, Waris, Para Fuqaha
STUDI ANALISIS PERAN KEMENTERIAN AGAMA DALAM PENGELOLAAN ZAKAT PROFESI ASN DI KOTA BATU Khozainul Fauziah; Ibnu Jazari; Syamsu Madyan
Jurnal Hikmatina Vol 3, No 3 (2021): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

This article discuss the analysis studies of the role of the ministry religion in the management of professional zakat which focuses in the ministry religion in Batu. There are two focus in this article, namely; 1. What is the role of the ministry religion in Batu in the management of professional zakat; 2. How is the system of management professional zakat for ASN in Batu. This research applies two types of research, namely, library research and analytical studies.
PANDANGAN HUKUM ISLAM TERHADAP TRADISI PERNIKAHAN DI DEPAN JENAZAH KELUARGA (Studi Interaksi Budaya Dan Agama Di Desa Bocek Kecamatan Karangploso Kabupaten Malang) Hikmatun Balighoh Al Ula; Moh. Murtadlo; Syamsu Madyan
Jurnal Hikmatina Vol 1, No 2 (2019): JURNAL HIKMATINA
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Marriage in Islam is a worship that is performed to follow the sunnah of the Prophet Muhammad. Allah created humans of different types, namely men and women who are none other than all that aims so that humans can live in pairs by doing a marriage in order to get offspring. Not only Islamic Law that governs a marriage in terms of harmony and conditions By the way, other religions also regulate marriage. Not only does the state regulate marriage laws, traditions or customs in the community, it also does not miss regulating a marriage in the community. Like the tradition of marriage in front of the body of one of the families who died that occurred in Bocek village, Karangploso sub-district, Malang district. The tradition was carried out because before the day and date of the wedding were determined, one family died and had to do the tradition if they did not want the marriage to be postponed for 1 year. Kata Kunci: Pandangan Hukum Islam, Tradisi, Pernikahan di depan jenazah Marriage in Islam is a worship that is performed to follow the sunnah of the Prophet Muhammad. Allah created humans of different types, namely men and women who are none other than all that aims so that humans can live in pairs by doing a marriage in order to get offspring. Not only Islamic Law that governs a marriage in terms of harmony and conditions By the way, other religions also regulate marriage. Not only does the state regulate marriage laws, traditions or customs in the community, it also does not miss regulating a marriage in the community. Like the tradition of marriage in front of the body of one of the families who died that occurred in Bocek village, Karangploso sub-district, Malang district. The tradition was carried out because before the day and date of the wedding were determined, one family died and had to do the tradition if they did not want the marriage to be postponed for 1 year. Kata Kunci: Pandangan Hukum Islam, Tradisi, Pernikahan di depan jenazah
KEWAJIBAN DAN HAK SUAMI ISTRI (STUDI KOMPARASI PANDANGAN SAYYID MUHAMMAD ALAWI DAN K.H. HUSEIN MUHAMMAD) M. Kemal Irsyadul I; Ibnu Djazari; Syamsu Madyan
Jurnal Hikmatina Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

AbstractThe concept of husband and wife rights in jurisprudence discussion is very important in the detailed review and examined in this contemporary era. From the background, the composer tried to examine the two focus problems in this discussion, 1) how the concept of Sayheed Muhammad Alawi and KH. Husein Muhammad regarding the rights and obligations of husband wife. 2) How are the similarities and differences and their relevance to the rights and obligations of the husband wife with the applicable invitation in Indonesia. This type of research uses the Library Reseacrh (Literature Study). This type of research was conducted in the study and discussion of classical and contemporary literature literature. Especially the thought Sayheed Muhammad Alawi and KH Husein Muhammad as the object of this study .Based on the results of the research, the rights and obligations of husband and wife according Sayheed Muhammad Alawi about the concept detailed description and KH. Husein Muhammad about the concept concise description : muasyarah bilmakruf. The similarities are based on Al Quran and As-Sunah. Difference to understanding the Nash Al Quran and As Sunah with a different approach. Sayheed Muhammad Alawi Conservative-Tektualis. While KH. Husein Muhammad Progressive-kontektualis part of the second view of the figure is still relevant to the compilation of Islamic law, especially in pasal 83 and UU.No. 23 years 2003 ayat 9 KDRT.                                                             Keywords: Sayheed Muhammad Alawi, KH.  Husein Muhammad, camparison, The rights and obligations husband wife
DISPARITAS PUTUSAN HAKIM PENGADILAN AGAMA KABUPATEN MALANG TENTANG PEMBERIAN IZIN POLIGAMI (ANALISIS PERKARA NOMOR 3534/Pdt.G/2020/PA.Kab.Mlg dengan PERKARA NOMOR 0402/Pdt.G/2020/PA.Kab.Mlg) Devi Juni Wardani; Dzulfikar Rodafi; Syamsu Madyan
Jurnal Hikmatina Vol 3, No 2 (2021): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah )
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Religious Courts are judicial institutions that have products in the form of decisions and decisions. The decision is the result of deliberation by the panel of judges to decide a dispute case or there are two parties in dispute. For a decision, it is a decision issued by the judge as well, but there is no party to the dispute. Polygamy is included in a decision because there are disputing parties or problems. In this case, what are the guidelines or reasons used by judges in deciding cases, especially in cases of polygamy. Deciding a case does not necessarily just look at the lawsuit, but during the trial process, starting from case examination, prosecuting and proceeding to proceeding with the case. The examination of such cases can lead to disparities in judges' decisions. This disparity is what makes a decision different in terms of verdicts. By looking at how the evidence and witnesses are presented. So with this the judge can decide cases fairly and provide benefits to the parties. In accordance with the requirements of the decision, namely keeping away from harm and can provide legal benefits and certainty for justice seekers. Kata Kunci: Religious Courts, Decision, Polygamy, Disparity
PERTIMBANGAN HAKIM DALAM PENETAPAN DISPENSASI KAWIN AKIBAT HAMIL DILUAR NIKAH PADA PENGADILAN AGAMA KABUPATEN MALANG Rossa Meilynda; Ahmad Subekti; Syamsu Madyan
Jurnal Hikmatina Vol 3, No 3 (2021): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Marriage dispensation is a concession or waiver granted by the Religious Courts to prospective husbands and wives who do not meet the material requirements in marriage, namely they have not met the maximum age limit.The purpose of this study was to determine the basis of judges' considerations in determining marriage dispensation due to pregnancy outside of marriage at the Malang Regency Religious Court, Knowing the contents of the determination of the Malang Regency Religious Court Judge Council class in granting marriage dispensation applications due to pregnancy outside of marriage, What are the functions and duties of judges at the Court Religion. And the researchers took the research location at the Malang Regency Religious Court. In this research, the method used is descriptive method and qualitative approach. From the results of this study, it can be concluded that the Judge of the Religious Court of Malang Regency in determining the Marriage Dispensation is in accordance with existing regulations and has been guided by Law No. 48 of 2019 and uses the legal basis in accordance with Law No. 1 of 1974 concerning marriage, fiqiyah rules and the Compilation of Islamic Law.
Co-Authors Ach Mudhoffar Ach. Faisol Achmad Amin Adi Sudrajat Afif Tristanti Ahmad Ishom Tamimi Ahmad Subekti Anam, Ahmad Gautsul Anwar Sa’dullah Anwar Sa’dullah As’idatin Mu’asyaroh Azhar Haq Chalimatus Sa’dijah Choiro Umi Devi Juni Wardani Dia Anggraini Dian Mohammad Hakim Didit Hendrawan Saputra Didit Prasetyo Dwi Ari Kurniawati Dwi Fitri Wiyono Dyah Ayu Indra Swari Dzulfikar Rodafi Eko Nasrulloh Eva M Seda Gadi Fahrizen Fahrizen Fanny Maulida Kurniawati Fathurrahman Alfa Hikmatun Balighoh Al Ula Ibnu Jazari Jamzuri Malik MD Jazari Khoirul Asfiya Khozainul Fauziah Leny Septiani M. Agus Isnaini M. Ilyas Thohari M. Kemal Irsyadul I M.Ikhya’ul Ulum Mas Habib Amrulloh Mas Hadi Malik Al Mustofa Maskur Maskur Mauliddan Mauliddan Moh. Murtadlo Moh. Muslim Mohammad Muhibbin Muhammad Alfarizi Muhammad Alwy Asy-Syif Hadiyulloh Muhammad Hanief Muhammad Hanif Nanda Rizkiya Putra Nur Hasan Nur Hasan Poppy Nafasati Sugiharto rohmat arif Rossa Meilynda Solihatul Mufida Syafaatin Fransiska Yuliandra Usamah Salim Bob Said Wahdina Salim Aranggere Zakiatus Safira Zukhriyan Zakaria