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All Journal Jurnal Ilmiah Ahwal Syakhshiyyah (JAS) Jurnal Studi Pesantren Jurna Ilmiah Hukum Keluarga Islam Vicratina : Jurnal Ilmiah Keagamaan
Jazari
Universitas Islam Malang
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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ANALISIS KOMPARASI IMAM MALIKI DAN IMAM SYAFI’I DALAM IBADAH SEHARI-HARI : Studi tentang Thoharoh, Wudlu, Tayamum dan Mandi Jazari
Jurnal Studi Pesantren Vol. 2 No. 2 (2022): Jurnal Studi Pesantren
Publisher : Pascasarjana Institut Agama Islam Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (960.537 KB) | DOI: 10.35897/studipesantren.v2i2.804

Abstract

The difference between ulama in responding to the determination of the law of daily worship is very interesting to study. Differences of opinion between Imam Maliki and Imam Shafi'i are very interesting to discuss, among others, in daily halibadah such as thoharoh, unclean objects and how to purify them, how to do and do syata pillars of performing ablution and tayammum, and bathing. comparison of Imam Maliki and Imam Shafi'i in daily worship. The method used in this research is the library research method with a qualitative approach. This research is concerned with cases of daily worship law from the point of view of the Maliki and Shafi'i schools. There were differences of opinion regarding the interpretation of one assembly. thoharoh, unclean objects, ablution, bathing, menstruation and istihadhoh. Keywords: Comparison, Imam Maliki, Imam Syafi'i
DEKONTRUKSI KONSEP SYARI’AH DI BIDANG HAM DALAM PEMIKIRAN ABDULLAH AN-NA’IM SERTA KONSTEKTUALISASINYA DALAM KONSTITUSI DI INDONESIA Ahmad Khuzairi; Ibnu Jazari; Moh Muslim
Jurnal Hikmatina Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Abstract Shariah are religious values that are expressed functionally and have a concrete meaning in directing life. Thus, the author would like to examine An-Naim’s views regarding the concept of sharih and human rights in the constitution in Indonesia.  While the objectives of this thesis are: 1. To find out how the concepts of shariah and human rights according to An-na’im, 2. To find out about the implications of the An-na’im idea with the reality and development of sharia, especially for the life of modern society, especially in human rights issues in the constitution in Indonesia, 3. review the ides of renewal of An-Na’im in sharia deconstruction. This research method used descriptive qualitative. Thus, to collect the data, the researcher conducted the library research such as, books of Abdullah An-Na’im, journal, article, etc. According to An-Na’im the deconstruction of Syari'ah is needed interpretation, although syariah come from Allah its need to be re-interpretation.  Keywords: Syariah, Deconstruction, Constitution
Dispensasi Kawin Akibat Hamil Pra-nikah Menurut Perspektif Imam Syafi’i dan Imam Hanafi (Studi Putusan Pengadilan Agama Kabupaten Malang Nomor 0486/Pdt.P/2021/PA.Kab.Mlg) Pitria Nur Rinawati; Ibn Jazari; Ahmad Subekti
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

      The phenomenon of getting pregnant out of wedlock is one of the factors in submitting an application for a marriage dispensation at the Religious Courts. Marriage dispensation is an allowance given to prospective husband and wife who have not reached the minimum age limit regulated in the marriage law. From the context of the research above, the researcher makes the conception of Islamic law regarding marriage dispensation, considerations of religious court judges in deciding cases of marriage dispensation number 0486/Pdt.P/2021/PA.Kab.Mlg and analyzes judge’s decison number 0486/Pdt.P/2021/PA.Kab.Mlg based on the perspective of Imam Syafi’i and Imam Hanafi as the focus of research that will be studied in this study. As in this research process, the researcher uses research methods, in which the research method used is a qualitative approach method and the type of legal juridical normative research. In collecting data, researchers used the interview method, namely using structured interview and researchers also used the documentation method to find data. The dokumentation used is in the form of decisions to be reviewed, books, journals. The results of this study are that Islam does not regulate the age limit for marriage. Then Imam Syafi’i and Imam Hanafi also allow at what age a person can get married, but he recommends marriage should ideally be done when someone has reached puberty. In the decision reviewed by the researcher, the judge in deciding the case number 0486/Pdt.P/2021/PA.Kab.Mlg used the legal basic for the KHI Article 53.
PERAN KEPALA KUA DALAM MENANGANI NIKAH SIRI DI DESA JUNREJO KOTA BATU Muhammad Ihsan Fathoni; Ibnu Jazari; Shofiatul Jannah
Jurnal Hikmatina Vol 4, No 4 (2022): Jurnal Ilmiah Hukum Keluarga Islam (Ahwal Syakhsyiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Marriage is an inner and outer bond between a man and a woman to live an orderly family life together. In Islamic law, a marriage is considered valid, that is, if it has fully fulfilled the pillars and conditions of marriage regulated in Islamic law. According to Article 1 of the 1974 Marriage Law, it is obligatory for people to have legitimate children and families in order to live happily in this world and the hereafter, under the auspices of God's love and joy. As stated in Article 1 of the Basic Marriage Law Number 1 of 1974 which states that "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a family happiness and eternity (household) from one birth.The purpose of this study is to describe how the implementation of siri marriage is, how the role of the head of the KUA is and to find out Siri marriage in the perspective of Positive Law and Islamic Law. This research method uses a qualitative approach with the type of field research. Sources of data come from direct interviews with the head of KUA, marriage administration staff and refer KUA Batu City, and 2 perpetrators of unregistered marriages, to obtain strong evidence to support the argument as well as secondary data that includes official documents, books, research results. .The results of the study stated that the implementation of unregistered marriages in Junrejo Village that occurred was due to several factors, including the low level of education and lack of knowledge and legal understanding about the importance of registering marriages, having had sex before marriage and the lack of education learned by the community. Meanwhile, the efforts made by the head of the KUA are conducting counseling on the registration of marriages and happy families to prospective brides and guardians, as well as socializing the importance of registering marriages and their negative impact on families, mothers and children through seminars and recitations held by the Ministry of Education and Culture. religion through representatives in the sub-district held in the community. Keywords: Unregistered marriage, Positive Law, Islamic Law.
TALAK QOBLA DUKHUL PERSPEKTIF IMAM ABU HANIFAH DAN IMAM SYAFI’I (STUDI TEKS KITAB FIQH ALA MADZAHIB AL ARBA’AH) Rizka Maulidiyanti; ibnu Jazari; Ach. Faisol
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Marriage is an inner and outer bond that is woven by a man and woman as husband and wife to reach the pleasure of Allah SWT. To achieve it affection, love, good two-way communication and attention are needed so these things minimize the divorce occurrence. Among the types of divorce is divorce qobla dukhul, which means a divorce that occurs between a husband and wife have not had sexual relations. This divorce resulted a different law from the divorce of ba'da dukhul, therefore the author is interested in researching more deeply, especially regarding the maintenance and the period of iddah for women who are divorced in qobla dukhul state. This study uses literature review research, by conducting a study of library sources which in this case is centered on text study of the book of Abdurrahman al Jaziri namely fiqh ala madzahibil arba'ah. The result of this literature review  is that Imam Syafi'i and Imam Abu Hanifah both do not require a living for a divorced wife in qobla dukhul state. Imam Shafi'i’s opinion is that a divorced wife in qobla dukhul state is not entitled to undergo the iddah whether she had khalwat with her husband or not. Imam Abu Hanifah's opinion is that a wife who is in khalwat with her husband has to undergo iddah and a divorced wife in qobla dukhul state who had not khalwat with her husband is not entitled to undergo iddah
PERNIKAHAN DINI PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF (STUDY KASUS PENGADILAN AGAMA KABUPATEN MALANG) Muhammd Zulqifli Akbar; Ach Faisol; Ibnu Jazari
Jurnal Hikmatina Vol 4, No 4 (2022): Jurnal Ilmiah Hukum Keluarga Islam (Ahwal Syakhsyiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Early marriage has become a social problem due to promiscuity, way of life and culture in community groups. This problem is still attached to the majority of the people of Malang Regency. The purpose of this research is to clarify the issue of early marriage and positive law, as well as Islamic views  on early marriage. This study uses descriptive qualitative research methods. This research uses descriptive qualitative research method. Data collection is done by interview and documentation techniques. The results of the study indicate that early marriage in Malang Regency is classified as "very sad" with applications for marriage dispensation reaching 5 to 10 cases every day. The positive legal perspective of Indonesia through Law Number 16 of 2019 concerning marriage has determined the minimum age for marriage, namely 19 years for both men and women. Islamic law through the Compilation of Islamic Law (KHI) has determined the minimum age at marriage for the  bride and groom to achieve physical and mental maturity  to achieve the goal of a happy and harmonious marriage.Kata kunci: hukum islam, hukum positif, usia dini, dispensasi nikah, pernikahan
MASA IDDAH WANITA KARIR YANG DI TINGGAL MATI SUAMI ENURUT IMAM SYAFI’I DAN KOMPILASI HUKUM ISLAM Rifki Zaenul Fawwas; ibnu Jazari; Ahmad Subekti
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Women as citizens and human resources have the same rights and obligations as well as opportunities with men to play a role in development in all fields. The role of women as equal partners to men is realized through increasing the independence of their active role in development, including efforts to create a family of faith and piety, healthy, as well as for the development of children, youth and youth. In this study, the authors use library research, namely research conducted by reviewing or reviewing library sources. The type of research from this study is a text study, namely examining texts in the form of scientific works with the title Kitabul Fathul Qarib Fathul Mu'in Safinatun Najah and various other sources of study, either in the form of classic books by scholars. The results of the research of the Imam Syafi'i madzab agreed that the iddah obligation had been divorced by her husband or because of the husband's death. The period of iddah that is left for her husband to die is to wait for 4 months and 10 days if she is not pregnant, and a career woman who is a follower of Imam Syafi'i which basically is not allowed to leave the house, but if there is an excuse, she can leave the house
PENGARUH DISPENSASI NIKAH TERHADAP TERBENTUKNYA POLA PIKIR MASYARAKAT DI KECAMATAN TUTUR KABUPATEN PASURUAN Jazilatul Atoya Fauzia; Ibnu Jazari; Dwi Ari Kurniawati
Jurnal Hikmatina Vol 3, No 3 (2021): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

The number of requests for dispensation of marrige for underage marriages that have occurred has rasulted in many mindseats being formed, Which have resulted in decreased education due to underage marriages. From this phenomenon, the researcher wants to know the effect of marriage dispensation on the formation of the mindset of the community in Tutur District, Pasuruan Regency. The results of the study used a qualitative approach with the type of field reserch and data collection techniques used interviews, observation, and documentation. This is motivated by the fact that there are still many people who marry underage due to environmental factors, and also the concern of parents which then becomes the habit of the surrounding community. According to what happened in Tutur District, Pasuruan Regency.
EFEKTIVITAS PENGGUNAAN APLIKASI E-COURT DALAM PENYELESAIAN PERKARA DI PENGADILAN AGAMA JOMBANG KELAS 1B Ahmad Azhar Naufal; ibnu Jazari; Nur Hasab
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

This research is motivated by technological developments, especially information technology, which makes it very easy for the public to get information wherever and whenever the Supreme Court as a State Judicial Institution makes innovations in case administration services using e-court applications that have been implemented in Court institutions throughout Indonesia, especially in the Jombang Religious Court Class 1B. The writing of this article uses field research methods, this article tries to explain the use of e-court applications in the Jombang Religious Court Class 1B, the effectiveness of using e-court applications for the Jombang Religious Court Class 1B environment and the general public. The e-court application is an electronic case registration service where the registrant will receive registration, payment, summons and trial information via the registrant’s email. The implementation of the e-court application at the Jombang Religious Court Class 1B is still not effective because there is no obligation for case registrants to register cases electronically. The results showed that the effectiveness of the use of the e-court application at the Jombang Religious Court Class 1B,was not yet ineffective
PENGAKUAN DAN KEWARISAN ANAK LUAR NIKAH MENURUT PRESPEKTIF HUKUM PERDATA (BW), HUKUM ADAT DAN KOMPILASI HUKUM ISLAM Thoib Thoib; Ibnu Jazari; Dzulfikar Rodafi
Jurnal Hikmatina Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

AbstrakMarriage is one form to get an offspring which later in order to get a successor who could someday replace his position for his offspring, but in matters of descent sometimes it is not easy that we expect but many obstacles and problems that often occur in the real world.About discussing offspring is nothing but going to discuss about inheritance and legal recognition, this problem arises when there is a lover who gets offspring but does not go through a legal process according to civil law, customary law or Islamic law.With this study trying to illustrate the comparison of recognition and inheritance of out-of-wedlock children from three perspectives, namely: civil law (BW), customary law and compilation of Islamic law.Thus, researchers can find out from the three existing laws to elaborate on specific designs, normative research is applied in this study, besides normative research is research that uses literature or sources derived from articles, journals, the Qur'an , The Book of the Law, the Hadith, Opinion of jurists and also opinions of jurists or competent Islamic law as research.Keyword : recognition, inheritance, extramarital children
Co-Authors Abdul Qadir Assagaf Ach. Faisol Ahmad Azhar Naufal Ahmad Khuzairi Ahmad Subekti Ahmad Syaifudin Ahmad Syukri Billah Ghazali Aisyunnada Makky Ali Akbar Ruhullah Muhammadi Aneke Ninda Maranita Anwar Sa’dullah Atisatul Mukaromah Dwi Ari Kurniawati Dwi Fitri Wiyono Dzulfikar Rodafi Emy Ria Wahyu Ervina Rahma Dwi Andriyani Faridatul Qomariyah Hamdani Romdon Humaidi Humaidi Jazilatul Atoya Fauzia Khoirul Asfiyak Khozainul Fauziah Kukuh Santoso M. Kemal Irsyadul I Moch Adib Nasrulloh Moh Murtado Moh. Muslim Muhammad Alwy Asy-Syif Hadiyulloh Muhammad Djamal Ghofiru Muhammad Fahmi Hidayatullah Muhammad Ihsan Fathoni Muhammad Iqbal Rosyada Muhammd Zulqifli Akbar Nur Hasab Pitria Nur Rinawati Qurrota A’Yunnisa Riansyah Atmana Ruhuputty Rifki Zaenul Fawwas Rizka Maulidiyanti Rosichin Mansur Roudhlotul Jannah Shofiatul Jannah Siska Saputri Siti Nur Azizah Syamsu Madyan Thoib Thoib Yorita Febry Lismanda