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Kafaah Dalam Pernikahan Menurut Ulama Fiqh Ahmad Dahlan; Mulyadi
ASA Vol 3 No 1 (2021): Agustus
Publisher : Program Studi Hukum Keluarga Islam

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

Abstract

To realize the goal of marriage, the prospective husband and prospective wife before making a choice to build a household, it is necessary to have equality and a common vision and mission, at least to have equality in terms of religion, belief, social status, and so on. The equality and equality between husband and wife in the scope and context of marriage is called kafaah. Kafaah in marriage is very important because Kafaah is the foundation and main support for achieving the goal of marriage, namely the establishment of a sakinah, mawaddah, warahmah family. Kafaah is not a requirement for a valid marriage, but Kafaah has an important role in the formation of a harmonious family. Kafaah in marriage is the balance and harmony between the prospective wife and the prospective husband so that each candidate does not find it difficult to get married. Or a man is equal to his future wife, equal to position, equal in social level and equal in character and wealth. Therefore, it is recommended that both prospective husbands and prospective wives get to know each other and know each other's personalities, including their religious similarities, social status similarities, and living conditions.
STUDI ISLAM BERBASIS NORMATIVE ISLAMIC AND HISTORICAL ISLAMIC Wahid Ahtar Baihaqi; Mulyadi
ASA Vol 5 No 2 (2023): AGUSTUS
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i2.72

Abstract

The development and enrichment of Islamic studies should pay attention to the epistemology carried by the insider-outsider perspective. Epistemologies that have developed in the Islamic world such as al-bayan (rationalism), al-burhan (empiricism) and al-irfan (intuition) must be strengthened with epistemologies that develop with advances in knowledge that are commonly used as a scalpel for outsider analysis such as the phenomenology of religion, distanciation (distancing from the object), appropriation (appropriation of the object for the horizon of the self), ideology criticism (criticism of prejudice and religious illusions), imaginative variation (play of imagination of meaning), deconstruction (demolition of illusions and established doctrines), and hermeneutics (methodology and philosophy of interpretation). With the collaboration of insider and outsider epistemology, the tension between insider and outsider studies can be bridged. Regarding the latter, the idea of an inside-outsider crosscheck, where a scholar's study of a society's religion must be verified by members of that society, deserves to be appreciated.
TRADISI HANTARAN DALAM PROSESI KHITHBAH PERSPEKTIF HUKUM KELUARGA ISLAM DI DESA MENGEN KECAMATAN TAMANAN KABUPATEN BONDOWOSO Mulyadi
ASA Vol 6 No 1 (2024): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v6i1.97

Abstract

Khitbah or proposing is the first step that is actually legally permissible. Khitbah is a prelude to marriage. Khitbah or proposal is a prelude to marriage, it is recommended before there is a husband and wife bond with the aim that the time of entering marriage is based on research and knowledge and awareness of each party. The objectives of this study are (1) to describe the hantaran tradition in the Khitbah procession in Mengen Village, Tamanan Subdistrict, Bondowoso Regency, and (2) the hantaran tradition in the Khitbah procession from the perspective of Islamic Family Law in Mengen Village, Tamanan Subdistrict, Bondowoso Regency. The method used in this research is a skinative approach, the type of research is a case study. The technique of determining the informants of this study using porpusive sampling Data collection techniques in this study are The data analysis uses data collection, data reduction, data presentation, and conclusion drawing, The data validity technique used in this research is source and method tringulation. The Hantaran tradition in the Khitbah procession in Mengen Village, Tamanan Subdistrict, Bondowoso Regency involves bringing souvenirs and gifts as a symbol of seriousness in Khithbah. These gifts can include cakes, bread, toiletries, clothes, prayer tools, jewelry, etc., given to the party being proposed to or the proposing party. Not fulfilling this tradition can lead to unfavorable conversations and opinions from the local community and family. The purpose of the hantaran is to avoid controversy and negative impacts socially and culturally. It serves as a tribute to the prospective wife and her family, symbolizing the agreement and engagement bond. From the perspective of Islamic family law in the village of Mengen, this hantaran tradition is permissible and does not conflict with Sharia. It aligns with the intention of avoiding controversy and negative impacts, while honoring the prospective wife and her family and signifying the agreement and engagement between the parties.
KAFAAH DALAM PERNIKAHAN MENURUT ULAMA FIQH Mulyadi; Ahmad Dahlan
ASA Vol 3 No 2 (2021): AGUSTUS
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v3i2.29

Abstract

To realize the goal of marriage, the prospective husband and prospective wife before making a choice to build a household, it is necessary to have equality and a common vision and mission, at least to have equality in terms of religion, belief, social status, and so on. The equality and equality between husband and wife in the scope and context of marriage is called kafaah. Kafaah in marriage is very important because Kafaah is the foundation and main support for achieving the goal of marriage, namely the establishment of a sakinah, mawaddah, warahmah family. Kafaah is not a requirement for a valid marriage, but Kafaah has an important role in the formation of a harmonious family. Kafaah in marriage is the balance and harmony between the prospective wife and the prospective husband so that each candidate does not find it difficult to get married. Or a man is equal to his future wife, equal to position, equal in social level and equal in character and wealth. Therefore, it is recommended that both prospective husbands and prospective wives get to know each other and know each other's personalities, including their religious similarities, social status similarities, and living conditions.
PROSESI PRA PERNIKAHAN DALAM ADAT MANDAILING PERSFEKTIF HUKUM ISLAM: Studi Kasus Kabupaten Padang Lawas Husnul Hayana; Mulyadi
ASA Vol 4 No 1 (2022): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v4i1.39

Abstract

Prosesi pra pernikahan dalam adat Mandailing merupakan tradisi yang sampai sekarang dilakukan. Penelitian ini dilakukan untuk mengetahui bagaimana persepsi masyarakat terharap prosesi pra pernikahat  adat yang dilakukan, Bagaimana implementasi prosesi pra pernikahan di Desa Hutaraja Lama, Metode yang di gunakan dalam penelitian ini menggunakan dua teori untuk menganalisis permasalahan ini, yaitu menggunakan teori dalam hukum Islam yaitu ‘urf. Metode penelitian kualitatif yang terfokus kepada penelitian lapangan (field research) bersifat deskritif analitis berdasarkan data-data yang diperoleh dari lapangan. Persepsi masyarakat terhadap Proses pra pernikahan merupakan rasa syukur kepada Allah STW telah memberikan kelancaran dan kemudahan, Implementasi Prosesi pra pernikahan di Desa Hutaraja Lama melalui beberapa tahap yaitu mulai dari mangaririt boru, padamos hata, patobang hata, dan manulak sere. Prosesi pasca pernikahan seperti, marulahari, mangupa-upa dan lain sebagainya, semua ini tidak terlepas dari adat yang masih melekat dalam adat Mandailing. Semua praktik adat Mandailing tidak terlepas dari peranan dalihan na tolu utamanya dalam hal perkawinan. urf yang termasuk dalam Prosesi Pernikahan dalam adat Mandailing adalah ‘urf fasid yaitu aturan yang berlaku dan diakui oleh masyarakat namun bertentangan dengan hukum Islam.
STUDI KOMPARATIF MENURUT HUKUM POSITIF DAN MASLAHAH TERHADAP PERNIKAHAN DINI Mulyadi; Dody Wahono; Farah Dila Hasanah
ASA Vol 3 No 1 (2021): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v3i1.48

Abstract

Marriage is a very old worship. however, in domestic life there is bound to be conflict. So it can be said that it is impossible in one's household life not to encounter conflict. But that's where the reward field that must be passed by husband and wife. Domestic problems can arise from various directions. It can be from the person of each partner or from other family members. So sometimes as a result of conflict the household ship can be destroyed. Among them is early marriage. This research was written using a qualitative descriptive method, with a normative juridical approach where the author analyzed cases that had occurred in Indonesia related to early marriage. The results of the study stated that based on positive law, it is not permissible to marry at an early age. according to the maslahah perspective, early marriage should not be carried out because it causes harm. the limit of marriage age includes maslahah Al-hajiyât, namely the maslahah needed by humans whose position is to facilitate and eliminate difficulties
STUDI ISLAM BERBASIS NORMATIVE ISLAMIC AND HISTORICAL ISLAMIC Wahid Ahtar Baihaqi; Mulyadi
ASA Vol 5 No 2 (2023): AGUSTUS
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i2.72

Abstract

The development and enrichment of Islamic studies should pay attention to the epistemology carried by the insider-outsider perspective. Epistemologies that have developed in the Islamic world such as al-bayan (rationalism), al-burhan (empiricism) and al-irfan (intuition) must be strengthened with epistemologies that develop with advances in knowledge that are commonly used as a scalpel for outsider analysis such as the phenomenology of religion, distanciation (distancing from the object), appropriation (appropriation of the object for the horizon of the self), ideology criticism (criticism of prejudice and religious illusions), imaginative variation (play of imagination of meaning), deconstruction (demolition of illusions and established doctrines), and hermeneutics (methodology and philosophy of interpretation). With the collaboration of insider and outsider epistemology, the tension between insider and outsider studies can be bridged. Regarding the latter, the idea of an inside-outsider crosscheck, where a scholar's study of a society's religion must be verified by members of that society, deserves to be appreciated.
TRADISI HANTARAN DALAM PROSESI KHITHBAH PERSPEKTIF HUKUM KELUARGA ISLAM DI DESA MENGEN KECAMATAN TAMANAN KABUPATEN BONDOWOSO Mulyadi
ASA Vol 6 No 1 (2024): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v6i1.97

Abstract

Khitbah or proposing is the first step that is actually legally permissible. Khitbah is a prelude to marriage. Khitbah or proposal is a prelude to marriage, it is recommended before there is a husband and wife bond with the aim that the time of entering marriage is based on research and knowledge and awareness of each party. The objectives of this study are (1) to describe the hantaran tradition in the Khitbah procession in Mengen Village, Tamanan Subdistrict, Bondowoso Regency, and (2) the hantaran tradition in the Khitbah procession from the perspective of Islamic Family Law in Mengen Village, Tamanan Subdistrict, Bondowoso Regency. The method used in this research is a skinative approach, the type of research is a case study. The technique of determining the informants of this study using porpusive sampling Data collection techniques in this study are The data analysis uses data collection, data reduction, data presentation, and conclusion drawing, The data validity technique used in this research is source and method tringulation. The Hantaran tradition in the Khitbah procession in Mengen Village, Tamanan Subdistrict, Bondowoso Regency involves bringing souvenirs and gifts as a symbol of seriousness in Khithbah. These gifts can include cakes, bread, toiletries, clothes, prayer tools, jewelry, etc., given to the party being proposed to or the proposing party. Not fulfilling this tradition can lead to unfavorable conversations and opinions from the local community and family. The purpose of the hantaran is to avoid controversy and negative impacts socially and culturally. It serves as a tribute to the prospective wife and her family, symbolizing the agreement and engagement bond. From the perspective of Islamic family law in the village of Mengen, this hantaran tradition is permissible and does not conflict with Sharia. It aligns with the intention of avoiding controversy and negative impacts, while honoring the prospective wife and her family and signifying the agreement and engagement between the parties.