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All Journal Syiar Hukum: Jurnal Ilmu Hukum JURNAL ISTINBATH Al-Mawarid Jurnal Hukum Islam Al-Ahwal: Jurnal Hukum Keluarga Islam Musawa : Jurnal Studi Gender dan Islam Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum JURNAL MAHKAMAH FIKRI : Jurnal Kajian Agama, Sosial dan Budaya AL QUDS : Jurnal Studi Alquran dan Hadis Jurnal Konstitusi Jurnal Ilmiah Peuradeun SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Ilmiah Al-Syir'ah Morality :Jurnal Ilmu Hukum KHOZANA: Jurnal Ekonomi dan Perbankan Islam Islamic Guidance and Counseling Journal Jurnal Yudisial Nizham Journal of Islamic Studies Al-Khidmat : Jurnal Ilmiah Pengabdian Kepada Masyarakat Bulletin of Counseling and Psychotherapy Jurnal Pengabdian Masyarakat Khatulistiwa Istinbath : Jurnal Hukum Al-Mazaahib: Jurnal Perbandingan Hukum Bulletin of Community Engagement Jurnal Konstitusi AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Smart: Journal of Sharia, Tradition, and Modernity Jurnal Pengabdian Multidisiplin Wisanggeni : Jurnal Pengabdian Masyarakat Akademika : Jurnal Pemikiran Islam ESENSIA: Jurnal Ilmu-Ilmu Ushuluddin Supremasi Hukum: Jurnal Kajian Ilmu Hukum Analisa: Journal of Social Science and Religion Yurisprudentia: Jurnal Hukum Ekonomi International Journal of Community Engagement Payungi Causa: Jurnal Hukum dan Kewarganegaraan Al-Mabsut: Jurnal Studi Islam dan Sosial Karuna: Jurnal Pengabdian Masyarakat Multidisiplin Ulil Albab

Habib Shulton Asnawi

Universitas Ma’arif Lampung

Author-ID : 271913

Religion Agriculture, Biological Sciences & Forestry Arts Humanities Earth & Planetary Sciences Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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HAK PEREMPUAN DISABILITAS DALAM UU. NO. 1 TAHUN 1974 TENTANG PERKAWINAN: PERSPEKTIF CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD) Habib Shulton A; Fatul Mu’in; M. Anwar Nawawi
Yurisprudentia: Jurnal Hukum Ekonomi Vol 6, No 2 (2020)
Publisher : Institut agama islam negeri Padangsidimpuan

This paper examines injustice, discrimination and violations of the human rights of women with disabilities. Implementation and application of Article 4 paragraph 2 (point b and point c) of the Law. No. 1 of 1974 concerning Marriage is one of the factors. In addition, this discrimination is caused by several factors, including the fact that law enforcement in Indonesia is still dominated by a positivistic-legalistic paradigm and way of thinking. The law enforcement process is carried out in such a way from the perspective of legal regulations alone. As a result, written legal provisions (laws and regulations) have become the main benchmark in law. As a result, the law enforcement process becomes arid, dry from morality. The purpose of this article is to find out the rights of women with disabilities in law. No. 1 of 1974 concerning Marriage with the perspective of the Convention on The Rights of Persons with Disabilities (CRPD).

The Existence and Constraint of Marriage Registration for the Followers of Sapta Darma Belief in East Lampung Habib Shulton Asnawi; Agus Setiawan; Iwannudin Iwannudin
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 55, No 2 (2021)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v55i2.955

Abstract: Indonesia has provided the institution in charge of marriage registration. However, the registration process does not always run effectively for a particular community. This article sheds light on the existence and obstacle of marriage registration faced by the followers of Sapta Darma belief in East Lampung. Data were collected through observation, documentation, and interview. Using a socio-legal lens, this article identifies consecutive facts impeding followers of the Sapta Darma belief in East Lampung from obtaining the legality of their marriages through state institutions. The organization of Sapta Darma believers has no internal institution which especially in charge of registering their marriage. They seem trapped and face a disproportionately negative stigma. Many of them do not have identity cards (KTP) as the basic term for the registration process. However, they continue to believe that their marriages are valid according to their faith and do not violate state law.Abstract: Indonesia telah menyediakan lembaga yang bertanggung jawab atas pendaftaran pernikahan. Namun demikian, proses pendaftaran pernikahan tidak selalu berjalan efektif untuk komunitas tertentu. Artikel ini bertujuan untuk menjelaskan keberadaan dan hambatan pendaftaran pernikahan yang dihadapi oleh para pengikut Sapta Darma di Lampung Timur. Data dikumpulkan melalui pengamatan, dokumentasi, dan wawancara. Menggunakan lensa sosio-hukum, artikel ini mengidentifikasi fakta berturut-turut yang menghambat pengikut kepercayaan Sapta Darma di Lampung Timur untuk mendapatkan legalitas pernikahan mereka melalui lembaga negara. Organisasi Sapta Darma tidak memiliki institusi internal yang terutama bertugas mendaftarkan pernikahan mereka. Mereka tampak terjebak dan menghadapi stigma negatif yang tidak proporsional. Banyak dari mereka tidak memiliki kartu tanda penduduk (KTP) sebagai persyaratan dasar untuk pendaftaran pernikahan mereka. Namun demikian, mereka tetap percaya bahwa pernikahan mereka sah menurut keyakinan mereka dan tidak melanggar hukum negara.

Semanda Lekok in the Sai Batin Community, Lampung: Wife's Domination of Marital Assets from Maqāṣid al-Sharī’ah Perspective Firdawaty, Linda; Asnawi, Habib Shulton; Mahmudah, Siti
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i3.19894

The semanda lekok marriage tradition among the Lampung Sai Batin people results in the wife dominating the husband, particularly in terms of control over marital property. This dominance is a consequence of the semanda marriage, in which wedding expenses and living costs are borne by the wife’s family, and after which the husband lives with the wife’s family. This study aims to analyze the forms of wife’s dominance over the husband in the semanda marriage, the reasons why the Lampung Sai Batin indigenous people maintain the semanda lekok marriage, and the contribution of this tradition to the development of Islamic family law. The study used a qualitative method with an empirical approach. Data came from the primary and secondary data sources. The data were collected by means of interview. The respondents consisted of the husbands in semanda lekok marriages, customary leaders, and religious leaders in Pekon Bakhu, Batu Ketulis Subdistrict, West Lampung. The data analysis involved the theories of Maqāṣid al-Sharī’ah and gender justice. The findings reveal that the forms of wife’s dominance include the husband being severed from his nasab (lineage) and inheritance rights from his parents, the husband not being entitled to joint earnings, and inherited property being granted to the eldest son. However, there has been a shift in values in the practice of semanda inheritance law; when the wife dies and the couple has no children, the husband receives a share of the inheritance. The reason for maintaining this marriage system is to continue the lineage of the wife’s family as her parents do not have a son and the wife is the only child, as well as the wife’s family has the economic ability and is a solution for prospective husbands who cannot afford the marriage. Nevertheless, the tradition of denying joint property distribution is contrary to the Maqāṣid al-Sharī’ah and gender justice. Therefore, it is important to adapt and negotiate in implementing the semanda lekok marriage to maintain the objectives of sharia and the values of gender justice.

Empowerement of Innovation Food Processing Cassava at Tegal Rejo Siswo Bangun Village Jaenullah; Nur Laili; Ikhwan Aziz Q; Dedi Setiawan; Habib Shulton Asnawi
International Journal of Community Engagement Payungi Vol. 2 No. 2 (2022): International Journal of Community Engagement Payungi
Publisher : Yayasan Payungi Smart Madani

The natural resources owned by Tegal Rejo Siswo Bangun Village, include cassava, rubber, rice, and cattle breeding. From these natural resources, the community of Tegal Rejo Siswo Bangun Village are used as a source of income, but they are still limited to selling the produce to the market, not being empowered optimally. The article gave an empowerement of communuty in innovation of food processing based on cassava into cassava pudding, ice tape, and getuk chocolate at Tegal Rejo Siswo Bangun Village, Seputih Banyak Districts. The researchers used ABCD (Asset Based Community Development). The sample was teachers The steeps in giving assistance involve Inkulturasi, Discovery, Design, and Define. The result showed that the community could give innoavation in adding value of natural resources especially cassava, namely cassava pudding, cassava pudding ice, and Getuk cassava chocolate. The types of products can increase the income of the community of Tegal Rejo Siswo Bangun Village. Through providing training to make product diversification from cassava, this community of Tegal Rejo could help increase family income.

The Customary Marriage of Samin Penghayat in Tulang Bawang Regency, Lampung, Indonesia Muslimin, Ahmad; Asnawi, Habib Shulton; Dahlan, Rahmat; el-Hajjami, Aicha; Alamsyah, Alamsyah; Mahmudah, Siti
Analisa: Journal of Social Science and Religion Vol 9, No 1 (2024): Analisa: Journal of Social Science and Religion
Publisher : Balai Penelitian dan Pengembangan Agama Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18784/analisa.v9i1.2242

The marriage of the Samin people in Lampung Province is conducted in a customary manner. The Samin people experience many obstacles in the process of registering their marriage officially through state institutions. The purpose of this article is to describe the Samin traditional marriage and then analyze the reasons why the Samin community conducts traditional marriages. This article uses a qualitative method, the object of research was conducted on the Samin community in Tulang Bawang Regency Lampung. Primary data sources were obtained directly from Samin traditional leaders and the community who performed traditional marriages. Secondary data sources were obtained through Samin guidebooks and journals related to Samin studies. Data collection techniques used are observation, interviews and documentation. The results showed that the marriage process of the Samin community in Tulang Bawang Regency was carried out through several stages including: (1) nyumuk, (2) ngendek, (3) nyuwito, (4) paseksen, (tingkep). Samin traditional marriage does not yet have authentic legality. The legal status of the marriage is only valid in the eyes of the customary law of the adherents but not in the eyes of Indonesian marriage law. The reasons why Samin people do not officially register their marriages are 1). The Samin organization has not been registered with the Directorate of Trust of the Ministry of Culture as a marriage registration officer 2). Samin leaders have not been registered with the Ministry because they do not have a Registered Certificate (SKT). 3) Their ancestors did not teach that marriage should be registered.

Yusuf Al-Qardhawi's Perspective of Ihdad and its Relevance to Career Women's Leave Rights in Bandar Lampung Firdawaty, Linda; Sukandi, Ahmad; Niaz, Noorjehan Safia; Asnawi, Habib Shulton
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2343

This research aims to analyze Yusuf Al-Qardhawi's views on ihdad and the implementation of career women's leave rights due to the death of their husbands and their relevance to contemporary Islamic family law. This research is a field research study. The informant consisted of the General Manager of the Chandra Supertore Bandar Lampung company, qualitative analysis. Research findings show that Yusuf al Qardhawi is of the view that women who are in ihdad may carry out their professions outside the home, limited to professions permitted by religion, maintaining religious ethics, whether in clothing, walking, talking, avoiding making up, wearing perfume, interacting with the opposite sex. This ability protects the benefit and survival of the family, as is the concept of Maqashid al Syari'ah to protect the soul, religion, mind, lineage, and property. Career women's leave rights due to the death of their husbands are only two days in employment law. However, in its implementation at the Chandra Superstore company, career women generally take one week off. They consist of the right to 2 days of leave plus permission from the company for two days, plus exchanging work schedules with colleagues in the profession. The company still requires its employees to look attractive according to the Company's SOP. Implementing this left-right is still very far from being different from the head criteria in Islamic family law.

PERNIKAHAN MELALUI TELEPON DAN REFORMASI HUKUM ISLAM DI INDONESA Asnawi, Habib Shulton
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 1 No. 1 (2012): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Islamic law is universal. The law must be developed in accordance with socialneeds, as well as the fiqh rule that "the law change with the changing times andchanging times". Islamic law in reality is not idealistic yet and not seem toanticipate the changing and tend to be far from justice. For example, the oldproduct of Islamic law states that marriage or consent granted shall be carriedout in a single chamber. Reason or ‘illat of law of one chamber is to maintaincontinuity and confidence witness against two parties are performing thecontract. Social development of the people of Indonesia, especially in the field oftechnology is currently growing rapidly. Among the legal issues that are biasedtechnological progress is the marriage by the phone. This issue raises the prosand cons among Indonesian scholars. Differences of opinion are based ondifferent interpretations of the concept of the unity of the assembly (ittih}a>dulmajlis) in a marriage ceremony. Therefore we need the rule of law in order to fillthe legal vacuum due to differences of opinion. It takes a good legalconstruction, which can accommodate the interests of modern society.

THE STUDENTS’ VIEWS ON THE INDONESIA’S NON-MUSLIM LEADER’S PHENOMENON IN AISYIYAH UNIVERSITY YOGYAKARTA Zuhdi, M Nurdin; Setiawan, Iwan; Nawawi, M Anwar; Zubad, Muhammad; Iwanudin, Iwanudin; Asnawi, Habib Shulton
AKADEMIKA: Jurnal Pemikiran Islam Vol 26 No 1 (2021)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/akademika.v26i1.3123

The phenomenon of non-Muslim leaders in Indonesia has given pros and cons in society. Those pros and cons do not only appear among the general public but also appear among students. This study analyzes the views of Muslim students at ‘Aisyiyah University Yogyakarta (UNISA) about the phenomenon of non-Muslim leaders in Indonesia. This research became important considering the last two issues that have emerged in the study of Islam in Indonesia, namely religious intolerance and moderation in few years. The type of this research is mixed qualitative-quantitative field research. The research findings show that there are two kinds of views of UNISA Muslim students about non-Muslim leaders; First, Muslim students who disagree about non-Muslim leaders. They argue that choosing a leader must be based on his/her religion first. This group believed that Islam is the main non-negotiable requirement for someone who wants to run for a leader. Some of them even firmly stated that choosing a non-Muslim leader is categorized as haram. Second, Muslim students agree and do not object to the existence of non-Muslim leaders. The second group believed that religion is not an absolute issue as the requirement for a person who wants to become a leader. This second group argues that track records are more important than religion or ethnicity. The educational background of students also influences their views. Students with religious education backgrounds tend to be more accepting of differences. On the other hand, students who have a general educational background tend not to easily accept differences. Therefore, it can be concluded that the better a person understands religion, the more tolerant of differences he/she will be.

Sejarah, Urgensi dan Tipologi Pencatatan Perkawinan dalam Undang-undang Keluarga Islam di Negara Muslim Habib Shulton Asnawi
Bulletin of Community Engagement Vol. 4 No. 2 (2024): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v4i2.1468

This article discusses the history and urgency of marriage registration regulations in Islamic family law in Muslim countries. The background to writing this article is a phenomenon that emerged in the Islamic world in the 20th century, namely efforts to reform family law carried out by countries with Muslim majority populations. Family law reforms carried out by various Muslim countries generally cover three aspects, namely marriage, divorce and inheritance. In the context of marriage, one form of reform carried out is marriage registration. Juridically, the requirements for marriage are: first, material requirements, namely the conditions attached to each marriage pillar, both those regulated in jurisprudence and those regulated in legislation. Second, administrative requirements, namely requirements related to marriage registration. However, the addition of marriage registration as a condition for a marriage has given rise to debate. The focus or problem formulation in this article is: 1). What is the history of marriage registration regulations? 2). What is the typology of marriage registration rules in Islamic family law in Muslim countries? 3). What is the urgency of the marriage registration regulations?

The Concept of Maşlaḥah Family in Lampung Customary Law: A Study of Mak Dijuk Siang and Its Relevance to Indonesian Marriage Law Habib Shulton Asnawi; M. Anwar Nawawi; Siti Mahmudah; Alamsyah Alamsyah; Ziba Mir Hosseini; Faqihuddin Abdul Kodir
Fikri : Jurnal Kajian Agama, Sosial dan Budaya Vol. 9 No. 1 (2024): Fikri : Jurnal Kajian Agama, Sosial dan Budaya
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jf.v9i1.4710

This article discusses the concept of maşlaḥah family, which is part of the customary law of Mak Dijuk Siang (prohibition of divorce) in the Lampung Pepadun Megou Pak clan. Despite the prohibition of divorce, household problems are addressed within the community, and there are customary sanctions for violating this rule. The purpose of this article is to analyze why traditional leaders enforce and uphold the Mak Dijuk Siang customary rules and their relevance to Indonesian marriage law. The study uses a qualitative method, combining field research with library research in the sociology of law. The research was conducted in the Lampung Pepadun Megou Pak community in Tulang Bawang Regency and West Tulang Bawang Regency, Lampung Province. Primary data was obtained from traditional leaders through observation, interviews, and documentation. The analysis applies the theory of legal effectiveness. The results show that the concept of maşlaḥah family in the Mak Dijuk Siang rule reflects the community's belief in the philosophy of Piil Pesenggiri, which discourages divorce and aims to build eternal families. In cases of household conflicts, mediation is preferred through the Penyimbang Pepung Adat Customary Institution. The practice of maşlaḥah family through the Mak Dijuk Siang customary rules has been effective in reducing the high divorce rate, demonstrating its relevance to Indonesian marriage law.

Co-Authors A, M. Luthfi A. Khumaidi Ja'far Adi Bimantoro Afifah Asma Agus Setiawan Agus Setiawan Agus Setiawan AGUS SETIAWAN Ahmad Sukandi, Ahmad Alamsyah - Alamsyah Alamsyah Alamsyah Alamsyah Alfin Almustajab Alfina Damayanti Ambariyani Ambariyani, Ambariyani Amrulloh, Hanif Andika Ari Saputra Anggraini, Vira Mesi Ani Mardiantari Annikmah Farida Annikmah Farida Aprezo Pardodi Maba Bakr, Omaima Abou Damrah Khair Dedi . DESI WAHYUNI Eka Prasetawati el-Hajjami, Aicha Elok Api Senta Laily Masitoh Erham As’ari Faisal Faisal Faqihuddin Abdul Kodir Farhana Sabri Fathul Mu’in Fatul Mu’in Fikri, Arif Firman Nur Hidayat Habib Ismail, Habib Haris Santoso Hendriyadi Hendriyadi Hernisawati Hernisawati Hervin Yoki Pradikta Ibnu Burdah Ikhwan Aziz Q Ilham Wahyudin Illy Yanti Indah Saputri Iwan Setiawan Iwannudin Iwannudin Iwannudin Iwannudin Iwanudin Iwanudin Jaenullah Karismatul Syari’ah Kartika Kartika Kartika Kartika Khair, Damrah Kushendar Kushendar, Kushendar Lailatul Munawaroh Linda Firdawaty M Muslih M Nurdin Zuhdi M. Anwar Nawawi M. Anwar Nawawi M. Anwar Nawawi M. Anwar Nawawi, M. Anwar M. Muslih M. Wigyt Sugiharto M.Muslih Martinouva, Rissa Afni Martinouva, Rissa Afni Mispani Mispani Muh. Ngali Zainal Makmun Muhamad Agus Mushodiq, Muhamad Agus Muhammad Irfan Muhammad Irfan Muhammad Yusuf Mukhlishin, A Mukhlishin, Ahmad Mukhlisin, Ahmad Muslimin, A. Mu’in, Fathul Nawawi, M Anwar Niaz, Noorjehan Safia Novita Sari Nur Alfi Khotamin Nur Hidayati Nur Laili Putri Ayu Lestari Qosim Khoiri Anwar Rahman, Ricky Rahmanita, Ajeng Gaiska Rahmat Dahlan Riki Maryadi Rita Rahmawati RR. Ella Evrita Hestiandari Sadari Sadari Salma Roidah Sari Safitri Sarif Hidayat, Sarif Siti Mahmudah SITI MAHMUDAH Siti Mahmudah Suhendri, Aan Suja'i Suja'i Tunnur, Muti Aulia Zahro Ummah Karimah Uswatun Hasanah Uswatun Hasanah Wahyudi Wahyudi Yuliatin yuliatin Zainudin Hasan Ziba Mir Hosseini Zubad, Muhammad

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