Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Istinbath: Jurnal Penelitian Hukum Islam
Ayi Ishak Sholih Muchtar
Institut Agama Islam Darussalam (IAID) Ciamis, Jawa Barat, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice

Published : 9 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 9 Documents
Search

 1 
Nafkah Bagi Istri Nusyûz Menurut Ibnu Hazm Ayi Ishak Sholih Muchtar; Entan Sutarso
Istinbath | Jurnal Penelitian Hukum Islam Vol 16 No 2 (2021): Istinbath, November 2021
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v16i2.284

Abstract

In Islam, marriage is a bond of promise that justifies each husband and wife. With the marriage, it causes the husband to have to provide for his wife in the form of a living, kiswah and a place to live. However, according to most scholars, the obligation to provide a living can sometimes be lost when a wife is nusyûz. However, the opinion of the majority of scholars is not in line with the opinion of Ibn Hazm which states that the husband is obliged to provide a living for his wife even though the wife is in a state of nusyûz. Ibn Hazm's opinion about the obligation to provide a living for the wife of Nusyûz is seen from the time the marriage contract was established, whether the husband invited him to live at home or not. Because as long as there is a husband and wife bond, during that time there is also the right to live without providing other conditions, and all of that is adjusted to the conditions and abilities of the husband.
Peran Bimbingan Pranikah melalui Badan Penasihatan Pembinaan dan Pelestarian Perkawinan (BP4) di Cijeungjing Ciamis Ayi Ishak Sholih Muchtar; Imas Umi Hani; Yusuf Sabanda
Istinbath | Jurnal Penelitian Hukum Islam Vol 15 No 1 (2020): Istinbath, Mei 2020
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v15i1.274

Abstract

Everyone who enters the gate of married life through marriage certainly wants the creation of a family or a happy, prosperous, and spiritual home and to obtain the salvation of life in the world and later in life. From this happy, prosperous family will come to be a harmonious, peaceful and just society of material and spiritual prosperity. This family and community life is the goal and goal of national development. In order for these ideals and goals to be carried out with the best, then the husband and wife who play a major role in creating a happy family prosperous, need to increase knowledge or education about how to foster family life in accordance with religious guidance and the provision of community life, expected every family member especially the husband and wife able to create the stability of household life filled with tranquility and peace.
TALAK MELALUI SHORT MESSAGE SERVICE Dede Anwar Musadad; Hasan Bisri; Ayi Ishak Sholih Muchtar
Istinbath | Jurnal Penelitian Hukum Islam Vol 14 No 1 (2019): Istinbath, Mei 2019
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

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

Abstract

This research is supported by the very rapid development of science and information technology at this time bringing a new paradigm in understanding the various problems that arise among Muslims. One type that may be affected by technological advances itself is the problem of divorce lafadz via Short Message Service (SMS). Where the issue of divorce via SMS is prevalent in several Islamic countries such as Malaysia, Saudi Arabia, including Indonesia and many other Islamic countries that have begun to raise the discourse about divorce via SMS. Of course the events of this new discourse have reaped many pro and contra polemics among the ulama. The method used in this research is library research method. The determination is in accordance with the characteristics of the problem under study. The determination of the use of this method is based on the opinion of Winarno Surakmad (1992: 139) which states that this method is intended for deepening and deeper study aimed at solving problems that exist in the present. Then this research method uses qualitative research methods, namely: analyzing data from specific data to be drawn to a general conclusion. After doing the research, the conclusion is: Talaki law via SMS is valid, it is applied to divorce by writing. The implication is that both are messages of divorce through non-verbal (spoken) text. The reason for the fall of divorce by sending an SMS is because writing (kitabah) is one way of providing an understanding of the intended purpose of the person writing it, which is why in this case writing is punished the same as direct speech if it is done simultaneously with the intention.
The Pattern of Nahdlatul Ulama’s Ijtihad Mustopa Kamal; Ayi Ishak Sholih Muchtar
Istinbath | Jurnal Penelitian Hukum Islam Vol 15 No 2 (2020): Istinbath, November 2020
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v15i2.24

Abstract

In line with the socio-religious dynamics in society, various problems surrounding fiqh have also developed, most of which have not been absorbed in the legal thinking of the scholars. Concerning issues commonly referred to as masa’il fiqhiyyah al-hadithah, scholars have institutional mechanisms to solve these problems. Nahdlatul Ulama, the most prominent Islamic religious organization in the country, is also concerned with masa’il fiqhiyyah al-hadithah through the Bahtsul Masa’il (BM-NU) mechanism. However, the BM-NU legal istinbath framework is unique, because it is different from the legal istinbath framework that previous scholars had—such as the legal istinbath framework used by Abu Hanifah and Muhammad Ibn Idris al-Syafi’i, also different from the legal istinbath framework with mass organizations. Other Indonesian Islam—such as the legal istinbath framework of the Persis Hisbah Council and the legal istinbath framework of Majlis Tarjih and the Development of Muhammadiyah Islamic Thought. The uniqueness is mainly because the legal istinbath framework adopted by BM-NU tends to present themselves as muttabi’ ulama and does not present themselves as mujtahid clerics as is generally understood by fuqahâ.
Pendapat Imam Syafi’i tentang Hak Ijbar Wali: Suatu Kajian Berperspektif Gender Ayi Ishak Sholih Muchtar; Rd. Zihad; Ita Puspitasari
Istinbath | Jurnal Penelitian Hukum Islam Vol 16 No 1 (2021): Istinbath, Mei 2021
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v16i1.280

Abstract

One result of the still limited understanding of the community in understanding the rights of ijbar wali is that the culture of forced marriage is still rooted. Ijbar rights should be interpreted as a form of protection or responsibility of a father towards his child. Because the condition of the child who is considered not yet or does not have the ability to act alone in marriage, it is even understood as a tool to legitimize the actions of parents to force their children to marry or marry their children with their choice, not their children's choice. This is because there are differences in Ulama and Ijbar rights which are also debated especially when faced with contemporary issues such as gender.
Pendapat Syaikh Nizhamuddin Al-Balkhi dalam Kitab Fatawa Al-Hindiyyah tentang Ittishal antara Ijab dan Kabul Akad Nikah Asep Koswara; Hasan Bisri; Ayi Ishak Sholih Muchtar
Istinbath | Jurnal Penelitian Hukum Islam Vol 14 No 2 (2019): Istinbath, November 2019
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v14i2.479

Abstract

Marriage is considered valid if it has fulfilled the terms and conditions of marriage. Among the pillars of marriage are the consent and kabul. Based on the law of origin, the ulama agreed that the consent came from the bride, while the Kabul came from the groom. However, in the matter of ittishal between the consent and the marriage contract, the scholars have different opinions. If there is no ittishal between the consent and the marriage ceremony, then the contract is still considered valid while it is still focused on the contract procession and not for a long time. The objectives of the research are, (1) knowing and analyzing the opinion of Shaykh Nizhamuddin Al-Balkhi about ittishal between consent and kabul in the marriage contract, (2) knowing the basis of the legal arguments used by Shaykh Nizhamuddin Al-Balkhi regarding ittishal between consent and kabul in the marriage contract, and (3) knowing the ijtihad method used in his istimbath al-hukminya. In this thesis research the writer uses qualitative research methods, namely research methods that produce descriptive data in the form of words or written utterances from people or observed behavior. This type of research is a research library. The results showed, 1) The law of ittishal between consent and the marriage of marriage according to Shaykh Nizhamuddin Al-Balkhi in the fatawa al-hindiyyah book that ittishal between ijab and kabul nikah is only fi majlisin wahidin. The ittishal of the marriage contract that is valid in Indonesia is regulated in the Islamic Law Compilation (KHI) in article 27: consent and kabul between the guardian and the prospective groom must be clear in sequence and not intermittent. 2) The legal basis used by Shaykh Nizhamuddin Al-Balkhi in the matter of ittishal between consent and kabul akad nikah, namely the hadith of the Prophet narrated by Abu Dawud. 3) The ijtihad method used by Shaykh Nizhamuddin Al-Balkhi is qiyas. Shaykh Nizhamuddin al-Balkhi confirmed that the marriage contract was one majlis but did not work with the marriage contract that was represented and in a different place with the condition that there must still be witnesses.
SEBAB-SEBAB CERAI GUGAT DI PENGADILAN AGAMA CIAMIS TAHUN 2017 Yahya Yahya; Ahmad Nabil Atoillah; Ayi Ishak Sholih Muchtar
Istinbath | Jurnal Penelitian Hukum Islam Vol 14 No 1 (2019): Istinbath, Mei 2019
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

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

Abstract

Divorce is the last solution that can be taken by a husband and wife in ending a marriage bond after holding peace or mediation to the maximum can be done at the wishes of the husband or the wife's request. Divorce made at the request of the wife is called a divorce. The purpose of divorce is the request of the wife to her husband to divorce (release) her from a marriage bond accompanied by iwadh in the form of money or goods to the husband in return for the imposition of divorce divorce. The imposition of divorce is as giving equal rights for women to break away from marital ties which are considered to have no benefit, and realize that wives also have the same rights to end marriages. This means that in certain situations a wife who is very tormented due to her husband has the right to sue for divorce with iwadh. In domestic life, even though at first husband and wife are full of affection as if it will not fade, it can even disappear with hatred. If hatred has come and husband and wife do not sincerely seek a way out and restore their love, it will negatively affect their offspring. Therefore, efforts to restore love are something that needs to be done. It is true that love is turned into hatred, but it also needs to be remembered that hatred can then return to love. The case of divorce in the Ciamis Religious Court in 2017 is very high according to information from the court
ZAKAT FITRAH BAGI JANIN YANG MASIH DALAM ANDUNGAN MENURUT IBNU HAZM Ayi Ishak Sholih Muchtar; Siti Nurlaela
Istinbath | Jurnal Penelitian Hukum Islam Vol 13 No 1 (2018): Istinbath, Mei 2018
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

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

Abstract

One of the pillars of Islam related to the matter of treasure is zakat. Zakat is divided into two, namely zakat mal and zakat fitrah. In the zakat mâl, humans menzakati treasure or opinion such as gold, silver, animals, plants and commercial goods with clear conditions (Muslims, freedom, property is perfect, nishab and haul). While zakat fitrah different from zakat mâl, because the dizakati are human (self or soul) not a wealth or income. In the matter of zakat fitrah, the scholars are different pendapa about the obligation of zakat for the fetus that is still in the womb. Jumhur ulama argue that does not obligate zakat fitrah for the fetus that is still in the womb. While the fuqaha Dzahiri argues that zakat fitrah is obligatory for the fetus who is still in the womb when it has been perfect one hundred and twenty days in the mother's belly before the dawn on the night of Eid al-Fitr.
Kebolehan Pernikahan Beda Agama menurut Undang-Undang Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam Aik Fauzan Fikri; Pepe Iswanto; Ayi Ishak Sholih Muchtar
Istinbath | Jurnal Penelitian Hukum Islam Vol 14 No 2 (2019): Istinbath, November 2019
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v14i2.481

Abstract

This study aims to determine the legal provisions of interfaith marriage, both according to Law Number 1 of 1974 concerning Marriage and according to the Islamic Law Compilation. The study used a content analysis method by comparing the legal provisions of interfaith marriage according to the two legal sources. The results showed that interfaith marriage according to Law Number 1 of 1974 concerning Marriage was actually prohibited, in accordance with Article 2 paragraph (1) and Article 8 letter (f) of Law No.1 of 1974. Interfaith marriage is also prohibited according to the Legal Compilation Islam according to articles 40 to 44 and article 61 that marriage is prohibited
Co-Authors Ahmad Nabil Atoillah Aik Fauzan Fikri Asep Koswara Dede Anwar Musadad Entan Sutarso Hasan Bisri Imas Umi Hani Ita Puspitasari Mustopa Kamal Pepe Iswanto Rd. Zihad Siti Nurlaela Yahya Yahya Yusuf Sabanda