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All Journal Hukum Islam Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan JURNAL RECHTENS jurnal syntax admiration JURIS (Jurnal Ilmiah Syariah) Eduvest - Journal of Universal Studies FENOMENA: Journal of Social Science RESLAJ: Religion Education Social Laa Roiba Journal The Eastasouth Journal of Social Science and Humanities Indonesian Journal of Islamic Law (IJIL) Education and Sociedad Journal An-Nisa’ Journal of Gender Studies Academia Open Jurnal Kajian Hukum dan Sosial Rechtenstudent Journal
Muhammad Faisol
Universitas Islam Negeri Kiai Haji Achamd Siddiq Jember
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Implementasi Wakaf Produktif Masjid Roudhotul Muchlisin Jember Perspektif KHI dan UU No. 41 Tahun 2004 Ridho Syahbibi; Muhammad Faisol
Rechtenstudent Vol. 1 No. 2 (2020): Rechtenstudent August 2020
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v1i2.19

Abstract

The implementation of productive waqf for the Roudhotul Muchlisin Mosque, Kaliwates District, Jember Regency is a very important thing to do, because the mosque, which was built on this waqf land, is now a new religious tourism icon in Jember Regency. With typical Middle Eastern architecture and in recent years, it has experienced significant developments in the physical construction of mosques, public facilities, and a food corner. This research uses a qualitative approach with descriptive research type. The research data were collected using three techniques, namely: observation, in-depth interviews, and documentation. The management of the mosque's waqf uses the idarah system which means governance in regulating and managing the mosque. As for what is regulated in the Idarah system, among others: management, finance, and administration or secretarial. The implementation of productive waqf for the Roudhotul Muchlisin Mosque is following the Compilation of Islamic Law and Law Number 41 of 2004 concerning Waqf. Because it has developed TPQ Education, the establishment and development of a food corner to empower the economy of the people. The takmir of the Roudhotul Muchlisin Mosque, Kaliwates Subdistrict, Jember Regency, also plans to build a health clinic that aims to make the congregation's and the surrounding community's access to health easier and more beneficial for the people.
Tafsir Hak Asasi Manusia dalam Putusan Mahkamah Konstitusi Tentang Politik Dinasti Perspektif Fiqh Siyasah Lailatul Fitria; Muhammad Faisol; Badrut Tamam
Rechtenstudent Vol. 3 No. 3 (2022): Rechtenstudent December 2022
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v3i3.185

Abstract

Dynastic politics is defined as leadership that only relies on the hands of groups that still have blood ties or kinship. In the Constitutional Court Decision Number 33/PUU-XIII/2015 concerning arrangements related to dynastic politics after a judicial review was carried out by parties who have legal standing and considered the law related to the prohibition of dynastic politics to be contrary to the 1945 Constitution. Because it was considered to formulate new norms and there was a violation of constitutional rights citizens to get equal opportunities in government. The interpretation of human rights following the issuance of the Constitutional Court decision No. 33/PUU-XIII/2015 concerning dynastic politics is that every citizen has the right to be elected and elected in regional head elections, so there is no longer any prohibition for incumbents to participate. in politics. Interpretation of Human Rights in the Constitutional Court Decision No. 33/PUU-XIII/2015 regarding dynastic politics if seen and understood more deeply from the point of view of fiqh principles based on the Constitutional Court's decision, regarding human rights, especially members of the incumbent' family to nominate regional heads, looking at so many data and surveys that show the negative impact of this dynastic politics, one of which often occurs is corruption, so based on fiqh principles it provides recognition that public interests must take precedence over special interests.
Analysis of Legal Unification toward the National Legislation Program in Indonesia Ahmad Althof 'Athooillah; Muhammad Faisol
Rechtenstudent Vol. 4 No. 1 (2023): Rechtenstudent April 2023
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v4i1.230

Abstract

This study aims to identify and reconstruct various national legal issues. The results of the study were obtained by emphasizing that national law reform is a political process whose success depends on the balance of power between actors within it so that a dialectical process involving all components is carried out by improving legislation. The type of research used is library research which focuses on the library. Data sources are obtained by tracing the literature as well as regulations and norms related to the issues to be studied which originate from books on legal politics, the development of national law, and the science of legislation. The results of this study are (1) That the concept of legal unification in the National Legislation Program is that it must ensure the integration of the nation and state both territorially and ideologically as well as integrating nomocracy (2) because legal unification has succeeded in producing a legal building with modern characteristics with the characteristic of accelerating the integration process, namely development, unity & unity (3) That the conception of legal unification in the future amidst legal pluralism is through the mechanism of harmonization and synchronization of laws and regulations by taking into account several aspects namely legal substance, legal structure, legal culture, and supporting infrastructure.
Religious Diversity and Muslim Family Law: A Socio-Legal Study of Sunni–Shia Marriage in Indonesia Umar Umar; Muhammad Faisol; Lutfi Nur Cahyo
Education and Sociedad Journal Vol. 4 No. 1 (2026)
Publisher : Al-Qalam Institue

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61987/edsojou.v4i1.1985

Abstract

This study examines Sunni–Shia marriage in Indonesia as a socio-legal phenomenon situated within the broader context of religious diversity and Muslim family law. Although Indonesian Islamic family law formally recognizes marriage between Sunni and Shia Muslims, social acceptance of such marriages remains contested in many Muslim communities. Using a qualitative empirical method with a socio-legal approach, this research explores the experiences of Sunni–Shia couples in Bondowoso, East Java, focusing on religious negotiation, social dynamics, and the interaction between formal law and communal norms. Data were collected through in-depth interviews, observation, and documentation, and analyzed using thematic analysis integrated with the framework of maqāṣid al-sharī‘ah. The findings reveal that Sunni–Shia marriages are characterized by continuous processes of adaptation and negotiation within family and social life. Couples frequently develop strategies of compromise regarding religious practices, child upbringing, and communal interaction in order to maintain family harmony. However, many also experience social stigma, communal suspicion, and challenges related to sectarian identity. From the perspective of maqāṣid al-sharī‘ah, the phenomenon reflects an ambivalent relationship between maṣlaḥah and mafsadah, particularly concerning the protection of religion, emotional well-being, and lineage. The study concludes that Sunni–Shia marriage illustrates the dynamic operation of legal pluralism within Indonesian Muslim society and highlights the importance of contextual and inclusive approaches in contemporary Muslim family law.
Hak Hukum dan Waris Anak Bayi Tabung Dari Pernikahan Tidak Tercatat Habibulloh Habibulloh; Ishaq Ishaq; Muhammad Faisol
JURNAL RECHTENS Vol. 15 No. 1 (2026): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

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

Abstract

Even though it is considered valid under Islamic law, unregistered marriages are not recognized under positive law because they are not officially recorded. This raises crucial legal issues regarding the status of children born through IVF, which are only considered valid when the sperm and egg come from a legally married couple, as stipulated in Article 58 of Law Number 17 of 2023 concerning Health. This poses a risk of loss of legal and inheritance rights for children born from IVF in unregistered marriages, especially if there is no marriage certificate. This study analyzes two themes, namely IVF and unregistered marriages in Islamic law and positive law, as well as the legal and inheritance rights implications for children born from IVF in unregistered marriages. This study uses library research by examining secondary data sourced from books, journals, legislation, and previous studies. The Miles & Huberman method is used to analyze the data. The results show that: (1) children born from IVF in unregistered marriages are not legally valid under positive law, and their rights are limited unless the marriage is validated; (2) if the child is born from donor sperm without the husband's consent, the child is considered illegitimate. However, once the marriage is validated and the donor's consent is obtained, the child's rights are fully protected by the state.
Tradisi Nikah Massal Para Santri di Pondok Pesantren Darul Falah Pusat: Pendekatan Maslahah Mursalah As-Syathiby Muhammad Kharis Akhsan Rifqy; Siti Masrohatin; Mokhammad Miftahul Huda; Muhammad Faisol
Reslaj: Religion Education Social Laa Roiba Journal Vol. 8 No. 7 (2026): RESLAJ: Religion Education Social Laa Roiba Journal
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/reslaj.v8i7.12282

Abstract

The mass wedding of students that has been carried out repeatedly at the Darul Falah Central Islamic Boarding School has become an existing tradition. The mass wedding is marrying several male and female students in one event. This qualitative research will analyze the traditions that are still alive, especially mass weddings at the Darul Falah Central Islamic Boarding School based on the analysis of Maslahah Mursalah Imam As-Syathiby, whether the tradition embodies a benefit. So that the tradition must be implemented or is only good to be implemented because there is no harm. The results of this study indicate that Maslahah Mursalah is based on the thoughts of Imam As-Syathiby who categorizes that it is divided into three characteristics in implementing its role, namely; Ad-Dharuriyah, Al-Hajjiyah, At-Tahsiniyah. The study in this research concludes that the tradition of mass weddings of male and female students at the Darul Falah Central Islamic Boarding School contains Maslahah of At-Tahsiniyyah nature, although a maslahah in this tradition is not included in the needs of Maslahah that are of a basic nature such as Ad-Dharuriyah and Al-Hajjiyah. At-Tahsiniyah is also important in aspects of community life with the aim of perfecting Islamic religious values. Thus, the study in this research provides an important contribution to a living tradition in order to realize a maslahah that is still valuable in the view of sharia and not merely realizing a maslahah of an individual nature.
Divorce Due To Apostasy (Study of Differing Decisions in Religious Courts) Dzurrotul Muniroh Ahdaniah; Sri Lumatus Sa’adah; Muhammad Faisol
Eduvest - Journal of Universal Studies Vol. 4 No. 3 (2024): Journal Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v4i3.1087

Abstract

The case of divorce due to apostasy is a civil case that is not directly regulated in Indonesian legislation. Therefore, there are differing decisions in cases of divorce due to apostasy. In the divorce case No. 0333/pdt.G/2013/PA.Bdw, with the reason of the husband's apostasy, the court issued a decision of talak bain sughra, while in the divorce case No. 3/pdt.G/2019/PA.Bky, with the same reason, the court issued a decision of fasakh. The research method used is a normative method with a statutory approach. The researcher employs descriptive analysis in discussing relevant theoretical studies related to divorce due to apostasy. The findings of this research are: 1) the legal considerations of the judges in the cases No. 0333/pdt.G/2013/PA.Bdw and No. 3/pdt.G/2019/PA.Bky were not appropriate and should have referred to KHI article 116 letter k. 2) the judges' decisions in the cases No. 0333/pdt.G/2013/PA.Bdw and No. 3/pdt.G/2019/PA.Bky were in accordance with the maqasid shariah in terms of preserving religion because both decisions terminated the marriage bond, either through talak bain sughra or through fasakh.
Endogamous Marriage in the Habaib Community a Social Engineering Perspective by Roscoe Pound Silvia Yulianti; Ishaq Ishaq; Muhammad Faisol
The Eastasouth Journal of Social Science and Humanities Vol. 3 No. 02 (2026): The Eastasouth Journal of Social Science and Humanities (ESSSH)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/esssh.v3i02.986

Abstract

Ideally, Indonesian marriage law promotes an open marital system that does not restrict partner selection based on lineage. In social reality, however, the Habaib community in Lumajang Regency continues to practice endogamous marriage grounded in patrilineal lineage preservation. This study addresses the gap between the ideal inclusiveness of marriage law and the persistence of exclusive endogamous practices. The research novelty lies in examining Habaib endogamous marriage through the perspective of Law as a Tool of Social Engineering proposed by Roscoe Pound, which remains underexplored in previous studies. This research employs a qualitative phenomenological field approach. Data were collected through in-depth interviews and documentation, and analyzed using source triangulation and Roscoe Pound’s social engineering legal theory. The findings reveal that: (1) endogamous marriage practices among the Habaib community follow two patterns arranged marriages from childhood and marriages within kinship without formal arrangement; (2) four main factors drive these practices, namely lineage preservation, matchmaking traditions, familial doctrination, and the principle of marital compatibility (kufu’); and (3) from a social engineering perspective, law functions to sustain endogamy through the interplay of public, social, and private interest.
تحليل مفهوم المعاشرة الزوجية بالمعروف عند محمد حسين الطباطبائي Muhammad Faisol
Indonesian Journal of Islamic Law Vol. 1 No. 1 (2018): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijil.v1i1.146

Abstract

The main and most important principle that deserves attention in married life is the rule of mu‘āsharah bi al-ma‘rūf (living together in kindness). It is a great principle that guarantees the continuity of intimacy and affection within the family throughout life. It applies equally to both husband and wife. However, we find that scholars have not provided a sufficiently comprehensive explanation of both sides of this principle, despite its importance—especially regarding the woman’s perspective. Therefore, this study examines the views of Muḥammad Ḥusayn al-Ṭabāṭabā’ī, as he is considered more equitable in addressing and researching both sides. This study focuses on and aims to address two main issues, from which several sub-issues emerge: What is the scholarly, religious, and social background of Muḥammad Ḥusayn al-Ṭabāṭabā’ī? What is the concept of mu‘āsharah bi al-ma‘rūf in marital life according to al-Ṭabāṭabā’ī? What are its foundations, structure, essence, and characteristics? The methodology employed in this research is the historical method, as it examines a specific opinion of a historical figure. It also uses a descriptive-analytical approach, in which the researcher describes the structure of al-Ṭabāṭabā’ī’s view, explains the justifications underlying it, analyzes the surrounding context, and interprets these elements. In addition, the researcher traces the intellectual roots of earlier figures who preceded al-Ṭabāṭabā’ī and compares their views with his in order to identify the strengths and weaknesses of his position. The findings of the study are as follows: Al-Ṭabāṭabā’ī grew up in a scholarly family and in an intellectual environment. He studied under prominent teachers in rational sciences, transmitted sciences, and mystical knowledge, until he attained the level of ijtihād. He lived between the two Iranian revolutions and the major Iraqi revolution, which influenced his scholarly and social personality, as reflected in his academic mobility and his revival of rational sciences and Qur’anic exegesis in an effort to rebuild the intellectual independence that the Muslim community had lost. According to al-Ṭabāṭabā’ī, mu‘āsharah bi al-ma‘rūf in marital life is: “a recognized companionship based on the unity of human origin and the diversity of innate dispositions.” His view is distinguished by its detailed treatment, moderation in addressing women’s issues—between Western permissiveness and the restrictions of some scholars—and by its social and philosophical foundations. The weaknesses of his view lie in his failure to provide practical applications, his silence regarding earlier scholars’ opinions, his lack of engagement with transmitted narrations on the subject, and his limited elaboration of this principle in his other works.
Problem Pelaksanaan Kompetensi Pengadilan Agama Jember Di Bidang Ekonomi Syariah: The Problem of Implementing the Jurisdiction of the Jember Religious Court in the Field of Sharia Economic Law Muhammad Faisol
Fenomena Vol 15 No 1 (2016): FENOMENA: Jurnal Penelitian Islam Indonesia
Publisher : LP2M Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/fenomena.v15i1.305

Abstract

The expansion of Religious Court authority to include sharia economic disputes under Law No. 3 of 2006 has created a paradoxical situation where the rapid growth of Indonesia's sharia economy contrasts sharply with the extremely low number of cases filed. This study aims to identify the core problems hindering the implementation of this new competence at the Jember Religious Court. Employing a qualitative field research design, data were collected through observation, in-depth interviews with judges, and documentation at the Jember Religious Court, then analyzed using descriptive-qualitative techniques. The findings reveal three main problems: ineffective socialization of the new law to both legal apparatus and the public, legal overlaps particularly between arbitration laws (UU No. 30 of 1999) and sharia banking laws (UU No. 21 of 2008) that create jurisdictional confusion, and low public trust regarding the judges' capacity to handle sharia economic cases. The study concludes that without resolving these systemic legal and social barriers, the expansion of the Religious Court's authority will remain ineffective, and it recommends more intensive legal synchronization and capacity building for judges. Perluasan kewenangan Pengadilan Agama untuk menangani sengketa ekonomi syariah pasca UU No. 3 Tahun 2006 menciptakan situasi paradoksal di mana pertumbuhan ekonomi syariah yang pesat tidak sebanding dengan minimnya perkara yang masuk ke pengadilan. Penelitian ini bertujuan untuk mengidentifikasi problem utama yang menghambat pelaksanaan kompetensi baru tersebut di Pengadilan Agama Jember. Dengan menggunakan pendekatan kualitatif jenis penelitian lapangan, data dikumpulkan melalui observasi, wawancara mendalam dengan hakim, dan dokumentasi, lalu dianalisis secara deskriptif-kualitatif. Hasil penelitian menemukan tiga problem utama: pertama, sosialisasi undang-undang yang tidak efektif; kedua, tumpang tindih sistem perundang-undangan, khususnya antara UU Arbitrase dan UU Perbankan Syariah yang menimbulkan konflik yurisdiksi dan klausul opsional yang melemahkan pengadilan agama; ketiga, rendahnya kepercayaan publik terhadap kapabilitas hakim agama dalam memutus perkara ekonomi syariah. Penelitian ini menyimpulkan bahwa tanpa penyelesaian hambatan hukum sistemik dan sosial tersebut, perluasan kewenangan ini tidak akan berjalan efektif, dan merekomendasikan sinkronisasi hukum serta penguatan kapasitas hakim.
Co-Authors Achmad Aisyul Mazidi Ahmad Althof 'Athooillah Aisyah Aulia Madzkur Badrut Tamam Busriyanti Dzurrotul Muniroh Ahdaniah Fasatin Nafisah Fatimatuz Zahro Habibulloh Habibulloh Huda, Mokhammad Miftakhul Ishaq Ishaq Ishaq Ishaq Ishaq Ishaq Ishaq Ishaq Lailatul Fitria Lailatul Mufidah Lutfi Nur Cahyo M. Irwan Zamroni Ali Martha Eri Safira Martoyo Martoyo Muhammad Kharis Akhsan Rifqy Ridho Syahbibi Silvia Yulianti Siti Masrohatin Sofiatul Jannah Sri Lumatus Saadah Sri Lumatus Sa’adah Umar Umar