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LARANGAN PERNIKAHAN BEDA AGAMA DALAM PERSPEKTIF SYAD ZARI’AH IMAM AL-SYATIBI Sunarto, Muhammad Zainuddin
JURNAL ISLAM NUSANTARA Vol 2, No 2 (2018): KHAZANAH ISLAM NUSANTARA
Publisher : Lembaga Ta'lif wa An-Nasyr (LTN) PBNU

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (292.763 KB) | DOI: 10.33852/jurnalin.v2i2.98

Abstract

Social relations in modern times is now very universal, without limitation of religion, race, and class, then it allows two people of different religions into love, affection, and was about to enter into marriage. On the other hand, freedom of religion in Indonesia is guaranteed in the Constitution and protected in points on human rights. In Islamic law known several methods in the determination of a law one of which is Syad Zari’ah, is defined as preventive measures to avoid the ugliness. Imam al-Syatibi, One philosopher of Islamic law has its own ideas about these methods. In Usul al-Fiqh Study, Syad Zari’ah interpreted as closing the road that leads to destruction. Imam al-Syatibi at defining about Syad Zari’ah “do a job which all contain kindness changed to an ugliness”. someone doing a job that basically allowed because it contains a kindness, but the objectives to be achieved end on an ugliness. haram law in this case not because of his own actions, but the law forbidden here because the objectives to be achieved from such actions. this is called the practice of Syad Zari’ah. This method is deemed the application form from the rules of fiqh “dar’u al-mafasid muqaddamun ‘ala jalbi al-masalih”. From the other side, haram law here is also based of maqasid syari’ah in keeping religion in order to avoid switching to another religion
INTERAKSI WANITA IDDAH MELALUI MEDIA SOSIAL Sunarto, Muhammad Zainuddin; Liana, Karmilah
JURNAL ISLAM NUSANTARA Vol 4, No 2 (2020)
Publisher : Lembaga Ta'lif wa An-Nasyr (LTN) PBNU

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (344.093 KB) | DOI: 10.33852/jurnalin.v4i2.220

Abstract

The legal aspect for women who are undergoing the iddah period, the correlation to communication via social media is not found valid arguments related to this case, but four fiqh experts (madzhab) have agreed that women who are undergoing 'iddah death period are not allowed to leave the house except under these conditions. an emergency or in a state of urgency to leave the house, even though they have different opinions about the time and limit of the iddah prohibition. This study examines the legal aspects of women who are undergoing ‘Iddah’ correlation to interactions on social media. This research is a library research, namely through the study of secondary data sources consisting of various references, especially books that are closely related to the discussion. The results of the study concluded that women who are undergoing 'iddah' are not allowed to use any social media to communicate with men who are not mahroms and without an urgent need, unless the communication is only intended for the benefit of life and does not conflict with the principle of benefit.
Pemenuhan Hak Suami Dalam Kitab Dlau Al-Misbah Fi Bayani Ahkam Al-Nikah Karya Hasyim Asy’ari Sunarto, Muhammad Zainuddin; Idhafi, Ahmad
Sakina: Journal of Family Studies Vol 8 No 2 (2024): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v8i2.7237

Abstract

Husband's rights are a separate unit from several other rights and obligations that must be understood in the household. It is undeniable that households become a field of problems when husbands feel they are not getting their rights because the nature of husband's rights is not concrete and not in the form of material. However, it is more about the adab obligations of a wife. Many wives today are less concerned about their obligations. This is because the references or sources of religious knowledge are contained in large books so that not everyone can reach them. So, in the end, they are influenced by changes, some of which are contrary to the teachings of shari'a. This research has 3 objectives, namely first, knowing the fulfillment of husband's rights. Second, to know the thoughts of Hadlratus Shaykh Hasyim Asy'ari about the concept of fulfilling husband's rights. Third, to know the reality of fulfilling husband's rights from the perspective of Hadlratus Shaykh Hasyim Asy'ari in modern households. The research in this thesis uses library research (library reseach), and a character study approach. The use of personal documents as data sources, and documentation methods as data collection techniques. The results showed that the fulfillment of husband's rights was explained by Hadlratus Syaikh Hasyim Asy'ari in detail and easy to understand so that it could be used as a guide for wives who intend to get married. Among them are; 1) Obey the husband, 2) Behave well towards the husband, 3) Always ready to serve the husband, 4) Always reluctant to the husband, 5) Glorify the husband and the husband's family, 5) Keep yourself busy at home. Meanwhile, the fulfillment of husband's rights in modern households, there are things that are not in line with the thoughts of Hadlratus Syaikh Hasyim Asy'ari. Starting from a wife who is too active in the public world so that it seizes attention by not maximizing her role in the household as a wife and mother. Also the management of household assets that makes a wife a family bank, so that all financial assets or wealth are in the hands of the wife under the pretext of mere maintenance. In the end, the husband becomes limited to holding his own property.
An Analysis of the Criminalization of Forced Marriage from the Perspective of Dzari'ah Theory Sunarto, Muhammad Zainuddin; Fadil, Fadil; Suwandi, Suwandi
JURNAL AT-TURAS Vol 11, No 2 (2024)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/at-turas.v11i2.8803

Abstract

The practice of forced marriage that is cultured in society has many negative effects, one of which is that women are a group that is vulnerable to various forms of domestic violence, both physically, psychologically, sexually, and economically. Criminal law is expected to overcome the high rate of domestic violence that occurs due to forced marriage. In the case of forced marriage, criminal law is important in anticipation of domestic violence. The focus of this research is how forcing marriage as a criminal act uses the theory of dzari'ah. The factors that affect the occurrence of forced marriage are patriarchal culture and ideology that are socialized in society. In the patrilineal system, marriage is often a tool to strengthen inter-clan or family relationships. The correlation between forced marriage and the right of ijbar wali shows that the practice of forced marriage in the community is also greatly influenced by the right of ijbar wali. The criminalization of forced marriage has been by dzari'ah, in practice there is a certain motivation from the perpetrator of coercion to make the victim forced to carry out marriage on the one hand, and on the other hand, the consequences arising from the marriage on which one of the spouses is forced to carry out the marriage. The TPKS Law has translated the basic values of Grundnorm into daily legal practice. This shows how the implementing norm expresses Grundnorm's values through concrete legal sanctions that are in line with the mandate of the 1945 Constitution to protect citizens.
Geographic Information System (GIS) in Mapping Divorce-Prone Areas: Implications for Family Education Policy Tohet, Moch; Sunarto, Muhammad Zainuddin
Managere: Indonesian Journal of Educational Management Vol. 6 No. 3 (2024)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52627/managere.v6i3.729

Abstract

This study examines the use of Geographic Information System (GIS) in mapping divorce-prone areas and its implications for family education policy. Using a qualitative approach, this study used interviews, observations, and documentation to collect data. The results showed that GIS effectively maps areas with high divorce rates, which are influenced by factors such as education, economy, and age of marriage. GIS in family education policy allows for more targeted interventions, such as economic empowerment programs in areas with economic and education problems and communication training in areas with high divorce rates due to relationship problems. These findings strengthen the existing literature on the importance of geographic data-based policies to address social problems but also indicate the need for increased socialization to increase public acceptance.
Analysing Child Paternity Cases through the Lens of Maqasid Sharia: A Case Study of Judicial Rulings Sunarto, Muhammad Zainuddin; Imani, Nur Diana
Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam Vol. 16 No. 2 (2025): April 2025
Publisher : IAI Darussalam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30739/darussalam.v16i2.3702

Abstract

This study aims to analyze the application of Maqasid Syariah principles in religious court decisions related to child paternity cases, with a focus on Decision Number 123/Pdt.P/2024/PA. Prob. This research is motivated by the importance of protecting the nasab and rights of children in Islamic family law, as well as the need to understand how Indonesia's positive law can accommodate sharia values in the context of the family. This study uses a qualitative method with a type of empirical juridical research that focuses on field research. Data was obtained through interviews with related parties, observation of the trial process, and analysis of court decision documents. The findings show that the religious court's decision to reject part of the application in this case has reflected efforts to uphold the principle of hifz al-nasl (protection of offspring), but there are some inconsistencies in the application of hifz al-mal (protection of property) regarding the distribution of inheritance and protection of guardians of children. The findings are expected to provide new insights into how the principles of Maqasid Syariah can be integrated into the Indonesian legal system, as well as the importance of adjustments in the application of the law to better accommodate the rights of children and families based on Islamic teachings.
Narratives of Radicalism in Madurese Society Examined Through Symbolic Interactionism Tohet, Moch; Sunarto, Muhammad Zainuddin
JURNAL ISLAM NUSANTARA Vol 9, No 1 (2025)
Publisher : Lembaga Ta'lif wa An-Nasyr (LTN) PBNU

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33852/jurnalnu.v9i1.571

Abstract

This study aims to analyze how the narrative of radicalism develops and influences social harmony among the Madurese ethnic community in Probolinggo Regency, using a symbolic interactionism perspective. The research is based on the assumption that a society with a majority Madurese ethnic population has strong social and cultural ties, but also faces the potential for radicalization due to economic injustice and the influence of conservative ideology. This study uses a qualitative approach with a phenomenological method, involving in-depth interviews, direct observation, and document analysis as data collection techniques. The findings show that radicalism in Madurese society is mostly spread through social interactions within families and communities, with an important role for religious authority figures, such as kyai. This study contributes to a deeper understanding of the role of social interaction and symbols in shaping the narrative of radicalism, as well as providing insights for efforts to prevent radicalization by strengthening social harmony at the community level.
FENOMENA CHILDFREE DALAM PERKAWINAN Muhammad Zainuddin Sunarto; Lutfatul Imamah
Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam Vol. 14 No. 2 (2023): April 2023
Publisher : IAI Darussalam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30739/darussalam.v14i2.2142

Abstract

The order to carry out the marriage has various objectives, which are a stimulus to carry out the marriage immediately. The most well-known purpose of marriage is to complete half of the religion, have fun (wathi'), and have children. Being childfree is an issue that has recently begun to be widely discussed on social media. Childfree is used for couples who do not want to have children or offspring after marriage. For some couples, having children or getting offspring is a big responsibility that will be held accountable in the afterlife, so some couples decide not to have children for reasons of unpreparedness to become parents for reasons of economic, environmental, and physical factors. The notion of childfree is very contrary to the goal in the form of a household that is Sakinah mawaddah warahmah decorated with children in it. The childfree understanding tends to reject Allah's shari'ah which encourages the life of couples and having righteous children, which is indicated by Allah's promises both in the Qur'an verses and the prophet's hadiths. So, it can be understood that this understanding of childfree is contrary to Islamic law and Allah's advice and guidance in running a household. Maintaining offspring or hifdz al-nasl should be done by marrying and having legitimate children
The Role of BMT NU Service Performance to Increase Customer Loyalty from a Sharia Perspective Misroji, Misroji; Faiz, Faiz; Sunarto, Muhammad Zainuddin
JURNAL ISLAM NUSANTARA Vol 9, No 1 (2025)
Publisher : Lembaga Ta'lif wa An-Nasyr (LTN) PBNU

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33852/jurnalnu.v9i1.593

Abstract

This study aims to analyze the role of BMT NU service performance to increase customer loyalty from a Sharia perspective, focusing on factors such as customer satisfaction, emotional and spiritual support, and compliance with Sharia principles. The research method involved in-depth interviews with 30 customers and 10 BMT managers, as well as observations of ongoing service interactions. The results showed that 85% of customers were satisfied with the quality of service provided, and 78% of them stated that their positive experiences contributed to their loyalty to BMT. The implementation of responsive and ethical services, as well as attention to customer needs, resulted in positive interactions that increased customer trust and satisfaction. The findings also showed that emotional and spiritual support played an important role in strengthening the relationship between BMT and customers, with 70% of respondents reporting that such support made them feel more connected. Despite challenges in maintaining consistent service performance, this study concluded that BMT NU can increase customer loyalty by strengthening service performance that focuses on quality, transparency, and fairness.
Pembatasan Nafkah Bagi Perempuan yang Iddah Talak Ba’in Muhammad Zainuddin Sunarto; Nora Naila Akmala
Jurnal Hukum Lex Generalis Vol 5 No 2 (2024): Tema Hukum Islam
Publisher : CV Rewang Rencang

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

Abstract

Ketika istri telah dijatuhkannya talak maka sebagai seorang wanita muslimah wajib menjalankan massa iddahnya sedangkan seorang suami wajib memberikan mut’ah, nafkah dan maskan kepada mantan istri yang telah dijatuhkan talak akan teteapi menurut jumhur ulama ada perbedaan tentang pandangan Imam Ahmad Ibn Hanbal terkait nafkah istri yang di talak ba’in disini adanya pembatasan nafkah iddah bagi Perempuan yang iddah talak ba’in dan di Indonesia sudah diatur dalam KHI pasal 149 ayat b tentang nafkah iddah, maka dari itu dalam penulisan jurnal ini akan dijabarkan alasan pembatasan nafkah iddah bagi seorang istri yang sudah di talak ba’in oleh suaminya, metode penelitian yang digunakan ialah metode yuridis normatif normatif dengan mengambil data-data yang dibutuhkan melalui sumber-sumber kepustakaan yang berhubungan dengan fokus penelitian, Metode analisis dalam penelitian ini menggunakan analisis deduktif, penelitan yang bersifat normatif yang bersumber dari penafsiran teks suatu dokumen ataupun bahan bacaan lainnya yang mengandung permasalahan untuk kemudian dijadikan sebagai penelitian.