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All Journal Petitum Al-Rasikh : Jurnal Hukum Islam Al-Rasikh : Jurnal Hukum Islam Adabuna: Jurnal Pendidikan dan Pemikiran Al Mu'azarah: Jurnal Pengadian kepada Masyarakat
Hazarul Aswat
Dosen INI Dalwa Bangil Pasuruan
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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Journal : Al-Rasikh : Jurnal Hukum Islam

 1 
PERSPEKTIF MADZHAB IMAM SYAFI’I RA TERHADAP KADAR HARTA YANG DITERIMA SUAMI DALAM KHULU’ Aswat, Hazarul; Luthfi, Abdus Salam
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 1 (2023): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i1.1058

Abstract

The level of assets received or iwadh due to the wife's demand for divorce from her husband using the khulu' method, often becomes a prolonged polemic. Referring to the views of the jumhurul ulama, especially the Imam Syafi'i school of thought, which is more of a reference for the Muslim community in Indonesia, makes the marriage dowry that the husband has given to the wife at the time of the marriage contract as redemption for divorce. The main problem in this research is how the legal istinbath is used and what is the opinion of the Imam Syafi'i RA school about the amount of wealth received by the husband in khulu'. The results of this research are that the legal istinbath of the Imam Syafi'i ra school of thought cannot be separated from: Al-Quran, Al-Hadith, Ijma', Kiyas and Istidlal. And the opinion of the Imam Syafi'i school of thought is that a wife is allowed to ask her husband for a divorce, if he is worried that he will not be able to carry out his obligations properly through khulu' means, as well as giving iwadh as ransom. There is no minimum or maximum limit for Iwadh, the wife is allowed to give a ransom which can be equal to the wedding dowry, it can be reduced or it can be more.
ANALISIS KEDUDUKAN WALI HAKIM SEBAGAI WALI NIKAH PENGGANTI DALAM HUKUM ISLAM PERSPEKTIF MAZHAB SYAFI'I Aswat, Hazarul; Hidayat, Taufik
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 2 (2024): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i2.1850

Abstract

Marriage in Islamic law requires the fulfillment of certain conditions and pillars, including the presence of a guardian (wali) for the marriage. The guardian plays a crucial role in ensuring that the marriage is conducted in accordance with religious guidelines. This study aims to analyze the transition of the role of nasab guardians to that of judicial guardians in marriage practices according to Islamic law, as well as to understand the implications of this transition in the context of contemporary society. The research employs a library research method with a normative approach, exploring literature and references from various sources, including fiqh texts and scholars' opinions. The findings reveal that marriage guardians consist of wali mujbir, who is a nasab guardian, and wali hakim, who acts as a substitute when the nasab guardian is unable to fulfill their duty. The criteria for appointing a wali hakim based on scholarly ijtihad provide flexibility in marriage practices. This research contributes to understanding the dynamics of guardianship in marriage and clarifies the provisions for wali hakim according to the Shafi'i school of thought. The results are expected to serve as a reference and guideline for the community in conducting marriages in accordance with Islamic principles.
An Analytical Review of the Values in Adabul Islam fi Nidzomil Usroh: Early Marriage as a Preventive Measure Against Adultery and a Means of Adolescent Maturation Aswat, Hazarul; Zako, Mushthafa Hilmiy Ar Rasyiid
al-Rasῑkh: Jurnal Hukum Islam Vol. 14 No. 2 (2025): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.2633

Abstract

Marriage is the union of a man and a woman who are not mahram (unmarriageable kin). Early marriage refers to the marriage of a man and a woman who are still considered young in age. This study is prompted by the concerning situation in Indonesia today, where many young people have fallen into acts of fornication. Test results show that many young women are no longer virgins and that a significant number have become pregnant outside of marriage. This study seeks to explore one possible solution to the issue of fornication by referring to Islamic teachings, specifically through the book authored by Abuya Prof. Dr. As-Sayyid Muhammad bin As-Sayyid Alwi Al-Maliki Al-Hasani Ra, who is more commonly known as Abuya Maliki Ra. This study employs a qualitative research method, specifically a type of library research. Data collection is carried out by identifying key points relevant to the main issue, followed by analysis of the findings through translation and interpretation. The results are then presented in a discussion that relates directly to the core problem. First, Abuya Maliki wrote this book in response to the various problems occurring within marriage. Second, he structured the book in stages that are easy to understand, explaining each issue individually along with its solution. Third, Abuya Maliki authored the book because the problems addressed in the study had already existed, and have now become even more serious-like a dangerous virus attacking the human body. This study is expected to provide a deeper understanding of the importance of encouraging early marriage, in order to prevent acts of fornication within society.
Co-Authors Ahmad Misbah Lutfi Rachman Luthfi, Abdus Salam Taufik Hidayat Zako, Mushthafa Hilmiy Ar Rasyiid