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All Journal Edukasi Islami: Jurnal Pendidikan Islam Istinbath: Jurnal Penelitian Hukum Islam
Ahmad Nabil Atoillah
Institut Agama Islam Darussalam (IAID) Ciamis, Indonesia
Religion Humanities Education Law, Crime, Criminology & Criminal Justice

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Journal : Istinbath: Jurnal Penelitian Hukum Islam

 1 
FASAKH PERKAWINAN KARENA ALASAN CACAT BADAN MENURUT PANDANGAN WAHBAH AZ-ZUHAILI DAN IMAM MADZHAB Icep Maulana Mansur Hidayat; Mustopa Kamal; Ahmad Nabil Atoillah
Istinbath | Jurnal Penelitian Hukum Islam Vol 13 No 2 (2018): Istinbath, November 2018
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

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Abstract

Every household is not always peaceful, there are always problems that occur in it and often choose divorce as the final solution. One of the factors causing divorce is that one of the husband and wife finds a defect in their partner. Disability is one example of the reason why household life is no longer harmonious, because the interaction between husband and wife will be hampered, causing one party not to carry out their obligations. The principle of Islamic marriage law states that the marriage bond must not cause suffering to a partner or cause him to violate the boundaries set by Allah. If there is no option to terminate marriage for the aforementioned reasons to result in suffering to the normal partner, there is also the constant danger that hatred and sexual urges could cause the normal partner to violate God's provisions. These incidents resulted in the wife's complaint to the Religious Court to settle the case. In the Islamic view, divorce is not only the right of a husband but also the right of a wife, in this case it can be done by the wife by way of fasakh. The objectives of this study were: 1) To find out Wahbah Az-Zuhaili's views on the principles of marriage due to physical disabilities; 2) To find out Wahbah Az-Zuhaili's reasons regarding the fasakh of marriage due to physical disabilities; 3) To find out the views of Imam Madzhab on the principles of marriage for reasons of disability. This research uses qualitative research with content analysis method. While the data collection technique used is library research (library research). After the data has been collected, it is analyzed in stages: a) Data collection; b) Data reduction; c) Display data. This study resulted in the following conclusions: 1) Wahbah Az-Zuhaili allowed to sue fasakh due to a disability in one of the husband and wife. Separation must be made by the judge based on the complaint from the aggrieved party. For the defect which is used as the reason for this fasakh, Wahbah Az-Zuhaili has clearly specified and is very relevant to the advancement of the medical world; 2) The reason refers to the opinion of the four Imam Madzhab, Syi'ah Imamiyah, the Egyptian Law and the Syrian Law; 3) Two views of the Imam Madzhab regarding the principles of marriage for reasons of disability. First, the Zahiriyah Madzhab which states that they are defective cannot be used as an excuse for fasakh. Second, the view of the majority of Imam Madzhab that states that defects can be used as an excuse for fasakh, but they disagree over two things, namely about the right of who can sue fasakh and the details and limitations of defects that can be used as reasons for fasakh.
Fikih, Filsafat, dan Teologi: Kajian Terhadap Pemikiran Abul Husain al-Bashri al-Mu'tazili Ahmad Nabil Atoillah; Rudi Rudi
Istinbath | Jurnal Penelitian Hukum Islam Vol 12 No 1 (2017): Istinbath, Mei 2017
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

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Artikel ini mengkaji pemikiran Abul Husain al-Bashri al-Mu'tazili. Kajian dalam artikel ini menemukan bahwa Mu'tazilah dalam bidang teori ushul dan nalar fikih tetap berpegang pada dua prinsip dasar sebagaimana jumhur ulama, yaitu antara dalil akal dan dalil wahyu, keduanya saling menunjang dan tidak akan terjadi kontradiksi antara keduanya. Abul Husain al-Bashri mencoba melakukan sebuah pembaharuan dalam teori ushul agar tidak lagi tercampuri atau tumpang-tindih dengan teori teologi. Abul Husain al-Bashri dalam merumuskan teori ushul menjadikan dirinya sebagai ulama moderat yang hampir mencitrakan seorang pemikir Ahlussunnah.
PENGABAIAN PEMBERIAN NAFKAH SUAMI PADA ISTRI SEBAGAI ALASAN PERCERAIAN MENURUT IBNU HAZM Ahmad Nabil Atoilah; Tsamrotul Rohmah
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

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Abstract

Marriage is a matter of essence for man, all human beings have a sexual instinct, if this is not regulated then it can become wild like an animal. Therefore Islam arranges it in detail in the Shari'ah from the tips of choosing a spouse, Islamic guidance in the wedding, and around the life of the household in order to avoid self-harm or the community. One of the things that often happens in the issue of marriage is the lack of economic or "livelihood". The problem of lack of husband's livelihood given to the wife is due to the negligence of the husband to his duty as head of the family and less effort in searching for treasure to support his wife and family. such a reality occurs mostly in societies that lack knowledge of how to obtain a right.
Penggantian Wali Nasab oleh Wali Hakim menurut Intruksi Presiden Nomor 1 Tahun 1991 Ahmad Nabil Atoilah; Ahmad Kamal
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.v15i1.276

Abstract

The compilation of Islamic Law (KHI) article 19 states that "marriage guardian in marriage is a pillar that must be met for the prospective bride who acts to marry her". The marriage guardian consists of two, namely the guardian of the nasab and the judge's guardian. Wali nasab is a marriage guardian based on blood relation or kinship with the bride of the father's side. While the judge's guardian is a marriage guardian appointed by the Minister of Religious Affairs or an official appointed by him, who is given the right and authority to act as a guardian. Regarding the guardian, if the guardian is not present or does not want to marry a girl under her guardianship, her marriage guardian right falls to the judge's guardian.
Kesaksian Non Muslim dalam Perkara Perceraian menurut Pendapat Hakim di Pengadilan Agama Bandung Ahmad Nabil Atoilah; Bayu Alif Ahmad Yasin
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.v16i1.282

Abstract

Islamic law one of the requirements to be a witness is Islam, but the Procedural Law of Religious Courts does not regulate the Islam of a witness. Terms of Islam are getting responses from various parties, especially the judges. The judge has his own opinion about the witness who must be Muslim, and that is different as formulated by the scholars. The issue of non-Muslim testimony in the case of divorce of judge opinion on the testimony of non-Muslims so that their testimony is accepted and declared valid as Islamic law which refers to Law no. 7 since 1989, since the enactment of the Law, the Procedural Law of Religious Courts is allowed to apply the procedural law applicable in the General Courts as the Law of the Program, namely HIR and R.Bg.
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

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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
Istri Nusyûz dalam Pandangan Ulama Pedesaan Ahmad Nabil Atoillah; Desi Nurjanah; Fidya Rahma Insani
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.v16i2.271

Abstract

Marriage as a legal act between husband and wife is not only meaningful to realize worship to Him, but at the same time creates a consequence of civil law between the two. However, because the purpose of marriage is so noble, that is to foster a happy, eternal, eternal family based on the One God Almighty, it is necessary to regulate the rights and obligations of each husband and wife. One of these obligations is a matter of providing a living. The obligation to provide a living according to the ulama is due to three things: the existence of a marital relationship, the existence of a kin relationship and the existence of a property relationship. In domestic life there is not always harmony in reality, humans cannot always follow the teachings recommended by the Qur'an. Al-Quran recommends that if there is a husband and wife dispute, then settle it properly by way of deliberation. However, even this settlement sometimes lacks justice for each party, so that sometimes wives do nusyuz actions.
Co-Authors Ahmad Kamal Ayi Ishak Sholih Muchtar Bayu Alif Ahmad Yasin Desi Nurjanah Fidya Rahma Insani Herlina, N. Hani Icep Maulana Mansur Hidayat Indahilma Mubarokah Mustopa Kamal N Hani Herlina Rudi Rudi Saepul Millah Soni Samsu Rizal Tsamrotul Rohmah Winnugroho Wiratman, Manfaluthy Hakim, Tiara Aninditha, Aru W. Sudoyo, Joedo Prihartono Yahya Yahya