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All Journal Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Maqasid: Jurnal Studi Hukum Islam SHAKHSIYAH BURHANIYAH : Jurnal Penelitian Hukum Islam Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam Kartika: Jurnal Studi Keislaman USRATUNA: Jurnal Hukum Keluarga Islam Hidmah : Jurnal Penelitian dan Pengabdian Masyarakat
Habibi Al Amin, Habibi
Sekolah Tinggi Agama Islam Madiun
Religion Humanities Astronomy Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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TAFSIR AHKAM : : Logika Hukum Penetapan Kewajiban Nafkah dan Kadar Nafkah Perspektif Al-Qur’an dan Hadits al amin, habibi
SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam Vol. 10 No. 2 (2025): Shakhsiyah Burhaniayh: Jurnal Penelitian Hukum Islam
Publisher : LPPM UNHASY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/sbjphi.v10i2.10019

Abstract

The point of this research is to figure out the arguments for and against using legal logic in cases about alimony. The research method used is legal normative research. Data analysis employs the Ahkam interpretation method. The research data consists of Ahkam interpretations regarding maintenance, specifically: (Qs. An Nisa’:34), QS. At-Talaq[65]:6, (HR. Bukhari), (HR. An-Nasa’i and Ibn Majah). The results of this study conclude that the differences in legal logic in cases of alimony obligations and the amount of alimony between one school of thought and another are indicated by the differences in opinion between schools of thought, which simultaneously demonstrate the richness of Islamic fiqh methodology. Each imam, using their own framework of usul fiqh, interprets the primary sources (the Quran and Hadith) through different lenses, considering fiqh principles (such as custom, public interest, necessity, analogy), and sometimes prioritizing different principles, for example, the absolute protection of a wife's rights versus the ease for a husband facing economic difficulties. This is what shapes the pattern of legal reasoning and produces variations in legal rulings that remain within the bounds of Sharia, offering relevant alternative solutions for various conditions and eras.
Penetapan Talak Bain Kasus Gugat Cerai Khulu’ Perspektif KHI & Ibn Hazm Arifin, Syukron; Al Amin, Habibi
Hidmah : Jurnal Penelitian dan Pengabdian Masyarakat Vol. 1 No. 2 (2024): Maret
Publisher : PUSAT PUBLIKASI ILMIAH SEKOLAH TINGGI AGAMA ISLAM (STAI) AL-YASINI PASURUAN

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Abstract

In Islamic law there are differences of opinion among scholars regarding the position of Khulu'. Some scholars are of the opinion that Khulu 'is part of Thalaq and some are of the opinion that it is Fasakh. There is no difference regarding the position of Khulu' according to the Shafi'i Madzhab adopted by KHI with Ibn Hazm, but there are differences of opinion about the status of divorce after the occurrence of Khulu' between Ibn Hazm and Islamic law that applies in Indonesia in this case KHI. Researchers are interested in knowing about the difference in divorce status between KHI and Ibn Hazm. Based on the results of the study, it can be concluded that Ibn Hazam considers khulu' as divorce raj'i while KHI considers khulu' as divorce bain. If it is considered talak raj'i then the husband is allowed to refer to it during the wife's iddah and if that happens then the husband must return all the assets that have been obtained from his wife as ransom. However, if it is considered as talak bain, the husband cannot refer his wife when the wife is in the iddah period and reduces the number of talaqs that the husband has.
Dinamika Perkembangan Sosial Ekonomi dalam Implementasi Hukum Waris Adat Jawa Nurgianto, Dwi; Al Amin, Habibi
Kartika: Jurnal Studi Keislaman Vol. 5 No. 3 (2025): Kartika: Jurnal Studi Keislaman (November)
Publisher : Lembaga Pendidikan Tinggi Nahdlatul Ulama (LPT NU) PCNU Kabupaten Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59240/kjsk.v5i3.623

Abstract

This study aims to analyze the influence of socio-economic development on the implementation of Javanese customary inheritance law. The research was conducted using a non-doctrinal (empirical) legal research method with a micro-theoretical symbolic interactionism approach. Data were collected through in-depth interviews and supported by purposive sampling techniques to select informants who were considered relevant to the research objectives. The results show that socio-economic transformation, particularly the shift of livelihoods from agriculture to industrial and trade sectors, has significantly affected inheritance practices within the community. The implementation of Javanese customary inheritance law is carried out through two main mechanisms, namely voluntary distribution based on personal willingness and distribution based on mutual agreement among family members. The voluntary method is primarily influenced by social status and the value of darma bakti, while the agreement-based method emphasizes the maintenance of family harmony. Furthermore, in cases of non-compliance with customary inheritance norms, the community applies customary law as a form of social control through conciliatory and remedial mechanisms. These findings indicate that Javanese customary inheritance law is experiencing adaptive changes in response to modern socio-economic dynamics, highlighting the need for contextual adjustments while preserving core customary values.
Otoritas Teks dan Dinamika Hukum Keluarga:: Reinterpretasi Mu‘āsyarah bi al-Ma‘rūf dalam Tafsir Aḥkām Surah al-Nisā’:19 Al Amin, Habibi
SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam Vol. 11 No. 2 (2026): Shakhsiyah Burhaniayh: Jurnal Penelitian Hukum Islam
Publisher : LPPM UNHASY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/sbjphi.v11i2.12442

Abstract

This article examines the interpretative authority regarding Sūrah al-Nisā':19, focusing on the principle of mu'āsyarah bi al-ma'rūf and its relevance to the reform of contemporary Islamic family law. This research stems from the issue that this verse has long served as the normative basis for marital relations, yet its interpretation remains a subject of debate between a textual-normative reading and a contextual-ijtihadi reading. Using a qualitative literature review method through a thematic-comparative exegetical approach and critical hermeneutic analysis, this article examines classical exegesis, modern exegesis, and contemporary literature on maqāṣid al-sharī'ah, the authority of exegesis, and gender justice. The findings indicate that mu'āsyarah bi al-ma'rūf cannot be reduced to mere individual moral ethics, but rather constitutes a legal-ethical principle that demands realisation through justice, the public interest, respect for human dignity, and the protection of vulnerable family members. This article concludes that the authority of the text remains important, but its application requires a dialogical ijtihad that is responsive to the contemporary social context.
Co-Authors Alindi, Rizki Kila Arifin, Syukron Aula Yazid, Nur Baroroh, Khuzaimatul nur hidayati jannah, amirah Nurgianto, Dwi Rizki Kurniawan, Rizki Rizki, Rieza Taufiqul Mustofa, Muhammad