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Konsep wali nikah dalam perspektif ulama klasik dan modern Faizah, Nur
AL-MUQARANAH Vol 2 No 2 (2024): Vol 2 No 2 Agustus 2024
Publisher : Prodi Perbandingan Madzab Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jpmh.v2i2.446

Abstract

This paper explores the concept of marriage guardian in Islamic jurisprudence by examining its interpretation and application by scholars from classical schools such as Hanafi, Maliki, Shafi'i and Hanbali, and comparing it with the views of contemporary scholars. The role of the marriage guardian is very important in the Islamic marriage contract, especially as it usually involves a male guardian consenting to a girl's marriage. The study also examines the perspectives of modern scholars who consider the evolving context of society, gender equality and women's autonomy. By comparing classical and modern interpretations, this study highlights the dynamic nature of Islamic legal thought as well as the ongoing discourse regarding the balance between traditional values and modern principles of individual rights and freedoms. The analysis aims to provide a comprehensive understanding of the role of marriage guardians, its historical roots and its relevance in today's socio-legal landscape.
The Spiritualization of Domestic Violence in the Digital Era: Examining the Cathartic Role of Religious Institutions in Empowering Victims Faizah, Nur
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 2 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i2.23297

Abstract

This study delves into the intricate intersection of domestic violence, spirituality, and the digital age, aiming to understand the evolving dynamics and the role religious institutions play in providing catharsis for victims. As technology increasingly permeates our daily lives, the digital era has brought about new dimensions to the manifestation and perception of domestic violence. This research seeks to shed light on the phenomenon of spiritualization, where religious narratives and beliefs are interwoven with domestic violence experiences, either exacerbating or alleviating the trauma. Through a comprehensive review of scholarly literature, and digital ethnography, this study explores how religious institutions engage with domestic violence victims in the digital realm. It examines the ways in which religious teachings, counselling, and support mechanisms are leveraged to address the unique challenges posed by the intersection of spirituality, technology, and intimate partner violence. The research also investigates the potential pitfalls of spiritualization, considering instances where religious doctrines may inadvertently contribute to the perpetuation of abuse or hinder victims from seeking help. By analyzing online forums, social media platforms, and religious websites, the study aims to elucidate the ways in which digital spaces either facilitate or impede the spiritualization process for domestic violence victims. Furthermore, the role of religious leaders and communities in raising awareness, providing resources, and fostering a supportive environment for victims is explored. The study aims to identify best practices employed by religious institutions in addressing domestic violence in the digital age, offering insights for policymakers, advocates, and religious leaders to collaboratively develop more effective strategies for supporting victims and preventing further harm. Ultimately, this research contributes to the ongoing discourse on domestic violence, spirituality, and technology, offering a nuanced understanding of the complexities involved. The findings hold implications for both academic scholarship and practical interventions, emphasizing the need for a multidimensional approach to empower victims and create a more compassionate and informed societal response to domestic violence in the digital era. keywords: domestic violence; digital era; Islamic law.
Pemenuhan nafkah bagi anak yatim dalam perspektif hukum Islam Faizah, Nur
AS-SAKINAH Vol 2 No 1 (2024): Vol 2 No 1 Februari 2024
Publisher : Prodi Hukum Keluarga Islam Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jhki.v1i2.338

Abstract

The practice of fulfilling maintenance for orphans is an important aspect of Islamic law, which bases its principles on the welfare and protection of children's rights. This article discusses the perspective of Islamic law regarding the fulfillment of orphan maintenance, exploring the legal principles that regulate rights and obligations in this regard. The analysis covers the obligations of parents or guardians, and the inherent rights of orphans in the context of meeting basic needs, education, and psychosocial well-being. The article also reviews some contemporary practices in the fulfillment of orphan maintenance, highlighting issues that may arise and efforts to improve the child protection system within the framework of Islamic law. Considering humanitarian values and social justice, this study proposes solutions that can improve the effectiveness of the fulfillment of orphan maintenance under the teachings of Islamic law.
Makanan Tumpeng dalam Tradisi Bancakan M. Zein Ed-Dally; Nur Faizah
Qurthuba: The Journal of History and Islamic Civilization Vol. 3 No. 2 (2020): March
Publisher : Department of History and Islamic Civilization, Faculty of Adab and Humaniora, UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/qurthuba.2020.3.2.190-209

Abstract

Abstract: The lack of culinary treasures in our historical literature is the background of this research. Therefore, this study aims to find out the history and philosophy of Tumpeng in the tradition of pre-Islamic Javanese society and to understand the development of Tumpeng in the bancakan tradition of Javanese society after the arrival of Islamic influence. This study uses historical (historical) research methods which include heuristic methods, source verification, text interpretation, and historiography, as well as using a gastronomic approach. Apart from that, this study also uses the theory of symbolic culture based on Clifford Geertz's version as a tool for historical analysis. The results of this study found several historical facts, namely: 1) Tumpeng is a food that has existed since the Javanese people still embraced the Kapitayan belief, which is served and offered as a means to worship "God" which they believe is something that cannot be explained and cannot be reached by the five senses, or better known as Sang Hyang Tunggal. 2) After the Hindu-Buddhist influence entered and took root firmly in the beliefs of the Javanese people, the shape of Tumpeng began to change into a cone (mountain). 3) After the spread of Islam carried out by Walisongo through a process of assimilation and syncretization of culture which was previously thick with the teachings of Kapitayan and Hindu-Buddhist beliefs into a culture that has internalized Islamic values, Tumpeng automatically also experiences a shift in values. Keywords: Tumpeng, Bancakan, Java, Islam
The Concept of Marriage Guardian in the Perspective of Islamic Law Faizah, Nur
YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 1 No. 2 (2023): Juni
Publisher : Cv. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/yudhistira.v1i2.1217

Abstract

Marriage Guardian (wali nikah) is one of the pillars of marriage in Islam that must be fulfilled for marriage to be considered valid. In the perspective of Islamic law, the marriage guardian has a very important role because without the presence or permission of the guardian, the marriage can be considered invalid. Marriage guardian is generally a man who has the closest blood relationship to the prospective bride, such as a father, brother, or other relative. The main task of the guardian is to give permission or approval for the marriage of the woman he is guardian of, with the aim of protecting the rights and honor of the prospective bride and keeping the marriage in accordance with Islamic law. In the fiqh literature, there are different views among scholars regarding the type of guardian and the conditions that must be met by the guardian, such as whether guardianship must be given by the nasab guardian (blood relative) or wali hakim (legal authority) if the nasab guardian is absent. This study aims to examine the position of marriage guardians in Islamic law, by reviewing the shar'i arguments and views of various madhhabs regarding the validity of marriage and the responsibilities of guardians.
Political-Legal Strategies in Regulating Interfaith Marriage: An Analysis of Supreme Court Circular Letter in Indonesia Solikhudin, Muhammad; Meidina, Ahmad Rezy; Zayyadi, Ahmad; Faidati, Ashima; Shufyansyah, Ikhdan Gimas; Zain, Muhammad Fuad; Faizah, Nur
Jurnal Ilmiah Al-Syir'ah Vol 22, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i2.3237

Abstract

This article examines the political and legal dimensions underlying the issuance of Supreme Court Circular Letter (SEMA) Number 2 of 2023, which addresses the issue of interfaith marriages in Indonesia. Through a qualitative approach employing doctrinal and socio-legal analysis, this study explores this policy's legislative intent, judicial implications, and broader societal impacts. The findings reveal that SEMA No. 2 of 2023 represents a strategic political-legal maneuver by the Indonesian judiciary to navigate the tension between religious norms, constitutional rights, and societal pluralism. While the circular aims to harmonize Islamic family law with Indonesia’s pluralistic legal framework, it has also sparked debates regarding its alignment with fundamental human rights principles and practical implications for legal certainty. This study contributes to the discourse on interfaith marriage regulation by offering a critical perspective on how judicial policies reflect and shape the broader political-legal landscape. The article concludes that SEMA No. 2 of 2023 is pivotal in balancing legal pluralism and social harmony and protecting religious and individual rights in Indonesia's dynamic legal system.
Psychological Approach to Islamic Studies Hidayah, Nuril; Faizah, Nur; Mahfudloh, Ririn Inayatul
Jurnal Studi Multidisiplin Qomaruna Vol 2 No 1 (2024): 2024
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat (LPPM), Universitas Qomaruddin, Gresik, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62048/qjms.v2i1.61

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The integration of psychological approaches in Islamic studies has gained significant attention in recent years, emphasizing the understanding of human behavior, mental processes, and emotions through both scientific and Islamic perspectives. This paper explores how Islamic teachings, particularly from the Quran and Hadith, align with modern psychological principles, offering a comprehensive framework for mental health, personal development, and emotional well-being. The application of concepts such as nafs (self/soul), fitrah (innate nature), and ruh (spirit) are discussed in relation to psychological theories of personality, motivation, and mental health. By bridging these fields, the study seeks to demonstrate how psychological tools and therapeutic techniques can be adapted within an Islamic framework to enhance spiritual and mental well-being, addressing issues like anxiety, depression, and personal growth. This interdisciplinary approach not only enhances the relevance of Islamic teachings in contemporary mental health discussions but also offers new perspectives for understanding human nature through a spiritual and scientific lens.
Female Ulamā and Religious Moderation in Indonesia: A Study on the Agency and Authority of KUPI and JP3M Nadia, Zunly; Faizah, Nur
ESENSIA: Jurnal Ilmu-Ilmu Ushuluddin Vol. 25 No. 2 (2024)
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/esensia.v26i1.5907

Abstract

The term ulamā is not exclusively associated with men but also includes women. However, despite the recognition of female ulamā, male ulamā continue to dominate public perception in Indonesian Muslim society, particularly in the realm of fatwās. As a result, the significant contributions of female ulamā remain largely undocumented in the historical development of Islam in Indonesia. Given the extensive yet often overlooked role of female ulamā, the establishment of the Indonesian Congress of Female Ulamā (Kongres Ulama Perempuan Indonesia, KUPI) and the Association of Female Islamic Boarding School Leaders and Preachers (Jam’iyah Perempuan Pengasuh Pesantren dan Muballighah, JP3M) marks a significant development. These two institutions serve as platforms for female ulamā to convene and assert their influence through various scholarly and social activities. This study uses a qualitative research approach, with data presented in a descriptive narrative format. A qualitative approach is chosen to enable an in-depth exploration of the role of KUPI and JP3M female ulamā in promoting religious moderation in Indonesia. This approach enables a contextual analysis of both the subjects and objects of study, preventing the risk of overgeneralization of the observed phenomena.
Ikatan pernikahan: Menelusuri keseimbangan hak dan kewajiban antara suami dan istri Faizah, Nur; Umam, M. Shaiful
AL-MUQARANAH Vol 3 No 1 (2025): Vol 3 No 1 Februari 2025
Publisher : Prodi Perbandingan Madzab Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jpmh.v3i1.516

Abstract

Marriage is a sacred bond between husband and wife that establishes a reciprocal relationship consisting of rights and obligations. This study aims to analyze the balance of rights and obligations between spouses in marriage from legal, religious, and social perspectives. Using a normative approach, the study examines how these rights and obligations are regulated in marriage law and religious values, as well as their implications for household harmony. The findings reveal that achieving a harmonious and sustainable marital relationship largely depends on a proportional understanding and balanced implementation of both parties' rights and responsibilities. This study also highlights the importance of communication and cooperation between husband and wife in fulfilling mutual responsibilities to achieve the goals of marriage.
Efisiensi E-Court dalam Pelaksanaan Perkara di Pengadilan Agama Gresik Muhammad Wabi Zadin Ka'af; Nur Faiza; Naily Velayati
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 3 (2025): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v3i3.1625

Abstract

E-Court is the implementation of PERMA Number 7 of 2022 concerning Electronic Court Administration of Cases and Trials in Courts, implemented by the Gresik Religious Court since 2019 as an effort to provide services to the public seeking justice in the civil sector by registering cases online. This study describes how efficient e-Court at the Gresik Religious Court is in providing case services to the public seeking justice. The research design used in this study is included in the category of qualitative legal research. The results of the study indicate that the implementation of e-Court at the Gresik Religious Court has created effectiveness in providing services. However, there are still challenges in its implementation, such as the adaptation of a small portion of the community. Overall, the benefits are much greater. The conclusion obtained from this study shows that the implementation of e-Court in the Gresik Religious Court has been running quite efficiently, especially in terms of administrative efficiency and services for professional users, as seen from the Number of Cases Registered via e-Court, Increase in the number of cases registered electronically, Reduction in Case Processing Time, Reduction in Queues at PTSP, User Satisfaction Level, Efficiency of Court Operational Costs, Success Rate of Online Payments, Accessibility and Transparency.