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All Journal Al-Tahrir: Jurnal Pemikiran Islam Hukum Islam MUSLIM HERITAGE: JURNAL DIALOG ISLAM DENGAN REALITAS Jurnal Cakrawala Hukum EDU-RELIGIA : Jurnal Keagamaan dan Pembelajarannya Journal AL-MUDARRIS Islamika : Jurnal Ilmu-Ilmu Keislaman Ta`Limuna : Jurnal Pendidikan Islam AT-TURAS: Jurnal Studi Keislaman Al-Maslahah Bidayatuna: Jurnal Pendidikan Guru Mandrasah Ibtidaiyah Sakina: Journal of Family Studies BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam JPIn : Jurnal Pendidik Indonesia Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Jurnal Mu'allim Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Jurnal Ekonomi Syariah Pelita Bangsa Invest Journal of Sharia & Economic Law BHIRAWA LAW JOURNAL Jurnal Penelitian El-Aswaq Familia: Jurnal Hukum Keluarga ANWARUL: Jurnal Pendidikan dan Dakwah ARZUSIN: Jurnal Manajemen dan Pendidikan Dasar Tasharruf: Journal of Islamic Economics and Business Muslim Heritage Jurnal Pendidikan Agama Islam Al-Bayyinah Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Spektra : Jurnal Ilmu-ilmu Sosial NALAR FIQH: Jurnal Hukum Islam An-nisa: Journal of Islamic Family Law Tasharruf : Journal of Islamic Economics and Business
Kasuwi Saiban
Fakultas Hukum Universitas Merdeka Malang
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Hukum Islam dan Hukum di Indonesia tentang Pernikahan Beda Agama Hidayat, M. Taufiq; Nu'man, Ali; Yamin, Ashabul; Hafidh, Hafidh; Saiban, Kasuwi
ARZUSIN Vol 3 No 1 (2023): FEBRUARI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/arzusin.v3i1.822

Abstract

This research aims to examine the perspective of Islamic law regarding interfaith marriage. The method used is qualitative, with a comparative approach. In the study of Islamic law, interfaith marriages are classified into three categories: marriages between Muslim men and polytheistic women; Muslim man's marriage to ahlulkitab woman; and the marriage of Muslim women to non-Muslim men. Regulatively, interfaith marriages in Indonesia do not have legal force, because Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law as positive law has prohibited interfaith marriages. Therefore, the Office of Religious Affairs and the Civil Registry will not carry out administrative records of interfaith marriages.
The Implementation of the Indonesian Ulema Council's Fatwa on the Prohibition of Smoking in Brebes District from the Istishan Perspective Naqiyyatussa’diyah, Naqiyyatussa’diyah; Hidayati, Manzilah Nuri; Saiban, Kasuwi
Al-Bayyinah Vol. 9 No. 1 (2025): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v9i1.8938

Abstract

This research aims to explore the implementation of the fatwa of the Indonesian Ulema Council (MUI) regarding the prohibition of smoking through an istihsan approach. The istihsan approach as a method for determining Islamic law is used to understand how the flexibility of Sharia can be applied in diverse social and cultural contexts. This research is a field study, where data is obtained from events that occur in the field as they are. The sample in this study is alumni of the Integrated Islamic Elementary School Harum Brebes, serving as the object or case study. Data collection was conducted through interviews with alumni of Integrated Islamic Elementary School Harum Brebes, followed by analyzing and interpreting what was. The findings of this study indicate the dynamics of understanding and attitudes of alumni towards the fatwa, as well as how the values of public interest are interpreted in everyday life practices. The main contribution of this research lies in strengthening the perspective of istihsan as an alternative approach in bridging the gap between Islamic legal norms and social realities, especially on contemporary issues such as smoking. This study is expected to serve as a reference for policymakers, educational institutions, and religious authorities in formulating more contextual and effective strategies for implementing fatwas.
Keluarga Sebagai Preventif Radikalisme Dalam Diskriminasi Hak Beragama Perspektif Sad Dzari’ah Dan Islam Nusantara Hidayat, Raya; Saiban, Kasuwi; Hamidah, Tutik; Dawood, Shamila
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 1 (2025): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i1.99

Abstract

Indonesia faces several issues regarding the discrimination of religious worship rights, which clearly violates the regulations in Indonesia. In many cases of religious discrimination in the country, the neutrality of the government as a public servant is often called into question. Consequently, our society still lacks a proper understanding of religious tolerance. Instilling an understanding of appropriate solutions within families related to the discrimination of worship rights in Indonesia must be addressed more seriously. This study is essential to analyze radicalism in the discrimination of worship rights through the lens of sad dzari’ah. Furthermore, the researcher will examine the role of families in preventing worship rights discrimination from the perspective of Islam Nusantara. This research employs a qualitative approach based on library research. The findings indicate that discrimination against worship rights is inconsistent with sad dzari’ah because it can lead to significant harm, such as division and conflict. Therefore, worship rights discrimination must be prevented to align with the principles of sad dzari’ah. Additionally, strengthening family resilience through the cultivation of Islam Nusantara values can serve as a preventive effort against radicalism in worship rights discrimination.
Nikah Sirri (Perbandingan Hukum Positif Indonesia Dan Hukum Islam) Salsabila, Fajrina Dhia; Alfi Syahri, Vanda Kamila; Hamidah, Tutik; Saiban, Kasuwi
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 1 (2025): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i1.144

Abstract

The implementation of Marriage Act No. 1/1974, which was later amended by Act No. 16/2019, and its various provisions, led to the emergence of the phenomenon of nikah siri. Nikah siri is a marriage that takes place in secret and is not registered in accordance with the provisions of the current Marriage Law. This research will include an in-depth analysis of 1) An explanation of nikah siri according to Indonesian positive law and Islamic law. 2) The legal status and criminal sanctions of nikah sirri under Indonesian positive law and Islamic law. This research is normative in nature with a comparative approach to analyse the crime of nikah sirri by comparing Indonesian positive law and Islamic law. The data collected will be analysed descriptively and comparatively to identify the similarities, differences and legal implications of the crime of nikah sirri in the two perspectives. Therefore, it is hoped that this research can increase understanding of the phenomenon and make a positive contribution to our knowledge of the dynamics of human relationships in the context of hidden marriages.
Peran Lembaga Keuangan Syariah dalam Industri Halal sudut Pandang Maqosid Syariah Bakhri, Saiful; Saiban, Kasuwi; Munir, Misbahul
Tasharruf : Journal of Islamic Economics and Business Vol. 3 No. 1 (2022): Tasharruf : Journal of Islamic Economics and Business (Mei)
Publisher : Program Studi Perbankan Syariah Sekolah Tinggi Agama Islam Salahuddin Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55757/tasharruf.v3i1.88

Abstract

This paper explores the contribution of Islamic financial institutions in the halal industry from the point of view of maqashid sharia. Financial transaction activities are aimed at achieving mashlahah or economic prosperity for each person and citizen. However, the implementation of this mashlahah as the conceptual framework of sharia maqashid requires criticism that can contribute instantly to sharia business activities. The formulation of each Islamic banking and financial product is inseparable from the study of ushul fiqh and sharia maqashid. Linked to Islamic banking products, ushul fiqh with a maqashid sharia perspective shares philosophical perspectives and rational thoughts about contracts in each Islamic banking product. With the Maqashid Syariah approach, Islamic banking and financial products can grow well and can respond to rapidly changing business progress. This research uses content analysis by conducting a literature review on the theme. This paper formulates that Islamic financial institutions are driven by spirituality and ethical values ​​derived from maqashid al-syari'ah
Teori Aset dalam Perspektif Fiqih Islam dan Pengembangan Industri Halal Habibi, M. Luthfillah; Saiban, Kasuwi; Munir, Misbahul
Tasharruf : Journal of Islamic Economics and Business Vol. 3 No. 1 (2022): Tasharruf : Journal of Islamic Economics and Business (Mei)
Publisher : Program Studi Perbankan Syariah Sekolah Tinggi Agama Islam Salahuddin Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55757/tasharruf.v3i1.112

Abstract

An understanding of assets from a sharia perspective is very important in relation to the halal industry. This is because assets are the object of the transaction as well as one of the pillars of ta'aqud which is the majority of the Intiqolul Milkiyah method. By looking at the urgency of understanding assets from a sharia perspective, this study attempts to conduct a study of assets to produce a systematic asset description. The method used is a literature study. Excavation of this asset description refers to the Qur'an, Al Hadith and books of fiqh to obtain depth of analysis. Finally, this research formulates that haram products are divided into four, namely from the aspect of its essence, how to get it, where to get it and when to get it. In addition, this study also formulates that only assets that have sharia value can be transacted with syar'iyah contracts. And understanding fiqh in relation to the development of the halal industry will greatly help the growth and development of the halal industry in a massive, comprehensive and integrative manner.
Akselerasi Kitab Kuning Dengan Metode Amtsilati Di Pesantren Bustanul Ulum Batu Bintang Pamekasan Kholili; Kasuwi Saiban; Wahyudi Widodo
Jurnal Pendidikan Agama Islam Vol 4 No 2 (2025): Jurnal Pendidikan agama Islam
Publisher : Universitas Garut

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

Abstract

The yellow book is a compulsory study in Islamic boarding schools, while Nahwu and Sharraf science are the initial keys to mastering the yellow book. This study aims to describe the acceleration of yellow book learning through the Amtsilati method at Bustanul Ulum Islamic Boarding School. The Amtsilati method offers a new formulation in accelerating the mastery of nahwu and sharraf. With a qualitative case study approach through interviews, observations, and documentation, the results of the study show that this method is effective through the stages of planning, implementation, and evaluation (oral, written, practical tests, and khatam exams). The novelty of this study lies in proving the effectiveness of Amtsilati as an accelerative model, which practically improves the ability to read books, accelerates the understanding of nahwu-sharraf, and strengthens the readiness of students in Islamic boarding schools.
TINJAUAN MAQASID HUKUM PERKAWINAN ISLAM TERHADAP SYARAT POLIGAMI DALAM KOMPILASI HUKUM ISLAM DI INDONESIA Anugerah, Ghifari Fajar; Izzuddin, Ahmad; Saiban, Kasuwi
Al-Maslahah : Jurnal Ilmu Syariah Vol 20, No 2 (2024)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v20i2.2861

Abstract

Polygamy in the history of Islamic civilization represents one of the most crucial issues in sexual relations and continues to attract attention among Islamic scholars, particularly feminist thinkers. The debate surrounding polygamy is not only related to textual interpretation but also to its social implications and questions of gender justice, which have prompted Muslim-majority countries, including Indonesia, to establish specific regulations. In Indonesia, polygamy is regulated under Law Number 1 of 1974 on Marriage, Government Regulation Number 9 of 1975, and more comprehensively within the Compilation of Islamic Law (KHI). The KHI outlines several conditions that must be fulfilled, including court authorization, the consent of the existing wife, and the husband’s ability to ensure financial support and justice. This study aims to examine the conformity of these requirements with the maqāṣid al-sharī‘ah in the domain of family law, namely the objectives of Islamic law oriented toward justice and public welfare (maṣlaḥah). The research employs a library-based method by analyzing the regulation of polygamy in Indonesian marriage law and comparing it with the principles of the maqāṣid of Islamic marriage law. The findings indicate that the regulation of polygamy in the KHI encompasses the overall objectives of Islamic marriage law as articulated by Jamaluddin Athiyah. These objectives include maintaining harmonious relations between men and women, safeguarding and preserving lineage, fostering families built on sakīnah (tranquility), mawaddah (affection), and raḥmah (compassion), ensuring the clarity of descent, strengthening religiosity within the family, regulating harmonious familial relations, and guaranteeing financial stability. Thus, the stipulations regarding polygamy in the KHI are not designed to promote the practice widely, but rather serve as a restrictive mechanism intended to protect welfare and prevent harm within the institution of marriage.
Mechanism for Settlement of Wali Adhal Cases in the Determination of Guardian Judges in Banda Aceh Cut Amirah Fatinah; Khairani Mukdin; Nik Saleh, Nik Salida Suhaila; Ğafurof, Rishat Ameer; Saiban, Kasuwi
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 3 (2025): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i3.361

Abstract

This study aims to examine the factors that lead to the appointment of a marriage guardian judge (wali hakim) due to the refusal of a legitimate guardian (wali adhal), as well as the mechanism of its implementation at the Office of Religious Affairs (KUA) in Lueng Bata District, Banda Aceh. The research employs a qualitative approach with a sociological-empirical method, using in-depth interviews, observation, and documentation with the Head of KUA and KUA staff as the primary sources, supported by secondary data from literature and legal documents. The findings reveal that the appointment of a wali hakim generally arises from non-shar’i reasons, including personal conflicts between guardians and prospective brides, excessive social considerations related to the groom’s status, economic concerns, and long-standing family disputes. These factors restrict women’s rights to marry in accordance with Islamic law. The resolution mechanism consists of several stages, starting from reconciliation efforts, mediation by KUA and community leaders, and, if necessary, filing a petition to the Religious Court. Once the court transfers guardianship rights, the marriage can be solemnized with a wali hakim appointed by the judge. This study highlights the crucial role of KUA and the Religious Court in safeguarding women’s rights and ensuring the validity of marriage under both Islamic and state law in Indonesia.
Nikah Sirri Perspektif Hukum Positif Indonesia Dan Hukum Islam Salsabila, Fajrina Dhia; Alfi Syahri, Vanda Kamila; Hamidah, Tutik; Saiban, Kasuwi
An-Nisa: Journal of Islamic Family Law Vol. 1 No. 4 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v1i4.89

Abstract

The implementation of Marriage Act No. 1/1974, which was later amended by Act No. 16/2019, and its various provisions, led to the emergence of the phenomenon of nikah siri. Nikah siri is a marriage that takes place in secret and is not registered in accordance with the provisions of the current Marriage Law. This research will include an in-depth analysis of 1) An explanation of nikah siri according to Indonesian positive law and Islamic law. 2) The legal status and criminal sanctions of nikah sirri under Indonesian positive law and Islamic law. This research is normative in nature with a comparative approach to analyse the crime of nikah sirri by comparing Indonesian positive law and Islamic law. The data collected will be analysed descriptively and comparatively to identify the similarities, differences and legal implications of the crime of nikah sirri in the two perspectives. Therefore, it is hoped that this research can increase understanding of the phenomenon and make a positive contribution to our knowledge of the dynamics of human relationships in the context of hidden marriages.
Co-Authors AA Sudharmawan, AA Abd Azis Tata Pangarsa Agung Wijayanto, Much Ahmad Izzuddin Ahmad Kholil Ahsani Taqwiem Alfi Syahri, Vanda Kamila Ali Mahmudi Ali Mahmudi Andi Poerwanto Soedjatmiko Anggun Imanto Anugerah, Ghifari Fajar Atik Abidah Az, M. Ghufron Badrud Tamam Budiyono Santoso Cut Amirah Fatinah Dawood, Shamila Efriza Pahlevi Wulandari Evi Rohmatzzuhriyah Fadil SJ Fadilla Lailawaty Farhan, Muhammad Faiz Fatkhul Choiri, Mohamad Ğafurof, Rishat Ameer Hafidh, Hafidh Hidayat, Raya Hidayati, Manzilah Nuri Imamul Hakim Imanto, Anggun Jamrud Zaman Kartika Rose Rachmadi Khairani Mukdin Khoirul Musthofa Kholili Kholilulloh, Habib Khotbatul Laila Laili Mas’udah M. Luthfillah Habibi M. Taufiq Hidayat M. Yunus Abu Bakar Mas Abdullah Syarif Mas’udah, Laili Matnin MH Ainulyaqin Miftahul Khoir Misbahul Munir Misbahul Munir Misbahul Munir Misbahul Munir Misbahul Munir Moch. Mahsun Mohamad Fatkhul Choiri Mubin, Ufuqil Muchammad Fauzan Zenrif Mufarrihul Hazin Muhid Muhid Muhid, Muhid Muhtadi Ridwan Mustofa Mustofa Nadia Ananda Putri Nafila, Radifa Isnain Naqiyyatussa’diyah, Naqiyyatussa’diyah Nik Saleh, Nik Salida Suhaila Noer Yasin Nu'man, Ali Nugroho, Rahmat Nurfadilah Nurfadilah putri, atina rokhmani Qomari, Nur R. Cecep Lukman Yasin R. Rusli Rahmat Vijay Bengal Rizkika Agustin Rozendana, Fahed Zurrofin Sa'dun Akbar Saiful Bakhri Salsabila, Fajrina Dhia Soheila Rostami Solikhul Hidayat Sri Mulyani Sunarjo Sunarjo Suswanto Suswanto Suswanto Suswanto, Suswanto Syanaya Mela Abyta Titi Rusydiyati Al Kaswy Triyo Supriyatno Tutik Hamidah Umi Salamah Umi Salamah Utien Kustianing Wahyudi Widodo Wardah Mujtaba Wika Yudha Shanty, Wika Yudha Yamin, Ashabul Yusran Yusran Zainur Rozikin