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All Journal Asasi: Journal of Islamic Family Law Qisth: Jurnal Studi dan Penelitian Hukum Islam
M. Mohsi
IAI Miftahul Ulum Pamekasan
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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PENDEKATAN NORMATIF DALAM STUDI HUKUM ISLAM M. Mohsi
ASASI: Journal of Islamic Family Law Vol. 1 No. 1 (2020)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (594.685 KB)

Abstract

Like other religions, Islam has two dimensions that cannot be separated, namely the esoteric dimension in which Islam transcends space and time, transcends rationality, is transindent and absolute. And secondly, it has an exoteric dimension, this is religion exists in a structured form, exists in space and time, rationality, is limited and relative. With these two dimensions, Islam is able to provide wide space for its adherents to always carry out research and stabilization through good understanding with one of the goals of restoring all Islamic traditions that are maintained even though the dynamics of the times are very rapid. Keywords: Normative Approach, Islamic Law Studies
Profetika Hukum Keluarga Islam Dalam UU Tindak Pidana Kekerasan Seksual Mohsi Mohsi
ASASI: Journal of Islamic Family Law Vol. 2 No. 2 (2022)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v2i2.146

Abstract

Sexual harassment is unwanted sex-related approaches, including requests for sex, and other behavior that verbally or physically refers to sex. Sexual violence is an important topic that needs to be solved, given the high rate of sexual violence from year to year. The Law on the Elimination of Sexual Violence is a way that is expected by the Indonesian people as an umbrella of law and rule of law to take action against all forms of sexual crimes that plague Indonesian citizens. in this study tries to analyze the urgency and relevance of these rules for the development of law in Indonesia. reviewing regulations from the prophetic aspects of Islamic law and the reconstruction of Islamic law, as well as the spirit of legal moderation and responding to current issues related to forms of violence that befall society, especially children and women.
Analisis Filsafat Hukum Pada Aturan Penghapusan Kekerasan Seksual Dalam Undang-Undang No. 12 tahun 2022 Moh. Fudholi; Mohsi Mohsi
Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 2 No. 1 (2025)
Publisher : Institut Agama Islam Miftahul Ulum Pamekasan

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Abstract

Sexual violence is a crime against humanity that has long been a serious issue in society. Its impact not only harms individual victims but also creates broader social injustice. The government has made efforts to address this issue through various regulations, one of which is Law No. 12 of 2022 on the Prevention of Sexual Violence. This law aims to provide stronger legal protection for victims and prevent the occurrence of sexual violence in society. This study analyzes the philosophical aspects of this regulation using a legal philosophy and legislative approach. The analysis highlights the concepts of justice, human rights, legal ethics, and social responsibility in the implementation of this policy. Additionally, this study evaluates the effectiveness of the regulation in achieving its objectives and the challenges faced in its implementation. By understanding the philosophical foundations underlying this regulation, it is expected that Indonesia’s legal system can be further strengthened to provide better protection and justice for victims of sexual violence.
TINJAUAN MAZHAB SYAFI’I TERHADAP PULANGNYA SUAMI KARENA NUSYUZNYA ISTRI : (Studi Kasus Di Desa Sumber Waru, Kec. Waru, Kab. Pamekasan) Humaidi Humaidi; Mohsi Mohsi; Kamali Kamali
Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 1 No. 1 (2024)
Publisher : Institut Agama Islam Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/s4gays54

Abstract

Understanding of the wife's nusyuz which caused Sumi to return home in Sumber Waru village, in 2013 there was a case of nusyuz against a husband and wife couple who had only been married for approximately five months, where the wife's nusyuz was caused by her not wanting to move to the residence that her husband had just made. , so that the wife disobeys her husband's orders and does not carry out her obligations, but the husband remains patient in dealing with his wife's behavior and attitude and it is felt that the wife will not stay in her nusyuz for long. This research uses a qualitative study with a descriptive analytical method. The results of research on the form of wife's nusyus that causes the husband to return home in Sumber Waru village, sub-district. Waru, district. Pamekasan is: A wife's neglect and a wife's indifference to her husband's orders, after several months of moving to a new house made by her husband, but the wife returns from her husband's house for no apparent reason and doesn't even return even though she has been persuaded. Imam Syafi'i's opinion regarding the husband's return home due to his wife's nusyus in Sumber Waru village, sub-district. Waru, district. The husband's return home because of his wife's nusyus based on the case above, according to Imam Syafi'i's opinion, is not haram because the hijr arises not from the husband but from the wife, this is because the wife returns home and no one accompanies her husband in his new home. Basically, the husband does not want to hijr, this is proven by the fact that the husband has persuaded the wife to return to her house, but the wife is still adamant about not returning. Because of this, the husband stayed at home alone and did not bring any changes to his household.
PENENTUAN MAHAR PERKAWINAN PERSPEKTIF IMAM SYAFI’I Fahrul Fahroni; Fahmi Assulthoni; Mohsi Mohsi
Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 1 No. 1 (2024)
Publisher : Institut Agama Islam Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/qpa5me33

Abstract

In marriage there are definitely conditions, one of which is the dowry or dowry as a form of obligatory gift from a husband to his future wife. Of all the opinions of Madhhab Imams, only the opinion of Imam Syafi'i does not provide a minimum limit regarding dowry and also does not make it a marriage pillar, while other Madhhab Imams such as Imam Maliki, Imam Abu Hanifah and Kufa ulama provide a minimum limit for dowry that must be given to the bride and groom. Woman. Imam Maliki also made it harmonious in marriage. For this reason, researchers want to research it by formulating the problem as follows: 1). What is the concept of dowry position according to Imam Syafi'i 2). What is the concept of dowry payment according to Imam Syafi'i? To answer the questions above, the author uses the research method library research, meaning a study by examining books related to this thesis taken from the literature. All sources come from written materials related to the problems in the study and are also taken from other appropriate literature. From the discussion of this thesis, it can be concluded that, first, the concept of dowry position according to Imam Syafi'i is not a pillar of marriage, but is a condition for the validity of marriage. It is not obligatory to give a dowry to the wife if the husband divorces her before dukhu>l and has not determined the dowry. This means that if the wife has been interfered with, she is obliged to determine the dowry, that the dowry is not a pillar and condition of marriage, but is an obligation of the husband for sexual intercourse. Second, the concept of dowry payments according to Imam Syafi'i which allows the postponement of dowry payments which allows partial or complete postponement of dowry payments if the prospective wife agrees. explains that dowry payments can be made in cash directly at the marriage contract and can also be postponed if the bride and groom agree. The suspension of dowry payments can be done in part or in full according to the agreement with the bride and groom.
Co-Authors Assulthoni, Fahmi Fahrul Fahroni Humaidi Humaidi Kamali Kamali Moh. Fudholi