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All Journal YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam DIKTUM: Jurnal Syariah dan Hukum AL-MAIYYAH Mazahib Al-MAIYYAH : Media Transformasi Gender dalam Paradigma Sosial Keagamaan Madania: Jurnal Kajian Keislaman
Asriaty Asriaty, Asriaty
IAIN Samarinda
Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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HADITS AL-WALAD LI AL-FIRASY SEBAGAI PENETAPAN NASAB ANAK Asriaty, Asriaty
DIKTUM: Jurnal Syariah dan Hukum Vol 8 No 2 (2010): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (518.635 KB) | DOI: 10.28988/diktum.v8i2.305

Abstract

Islam is highly concerned with children, even though they are born from marriage by accident, or their existence are not recognized by their mother’s legal husband. One of the bases to determine the genealogy of a child is the hadits which runs, “al-walad li al-firasy, wa li al-akhir al-hajar.” This hadits explains that a child’s genealogy is associated with his/her mother’s legal husband; if there is a man claims that the child is his son/daughter, his claim is rejected. This aims at maintaining the cohesion of the legal family and, especially, for the atvantage of the child. The sentence al-walad li al-firasy in the hadits is gharib in pattern. In commentary books, many Islamic scholars try to give comprehensive explanation on this issue. The point that makes the Islamic scholars different in interpreting the hadits is the application of the word firasy for slaves and the order of hijab by our prophet to Sawdah binti Zam’ah. In this modern era, when free-sex life style prevails, the presence of a child from marriage by accident should have a solution. It will be an ironic situation if a child has to pay all the risks of the bad deed of his/her parent. Therefore, the interpretation towards the sentence al-walad li al-firasy in the hadits should by comprehensive, so that Islamic law will give positive contribution in overcoming contemporary problems of Muslims’ life in general, and the life of young Muslim generation in particular.
WANITA KARIR DALAM PANDANGAN ISLAM ASRIATY, ASRIATY
AL-MAIYYAH Vol 7 No 2 (2014): AL-MAIYYAH
Publisher : AL-MAIYYAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (584.886 KB)

Abstract

Basically, women careers working outside and taking the responsibility to earn the money for the basic need in accordance with their skills and competencies show their independency. In other side, this becomes the causes increasing the negative effect of women career especially the way to arrange the time allocation as a wife in one side and as a mother in the other side. Being housewife should not be neglected to avoid the negative effect for the family. The women career phenomena still increases specially in the perspective of whether becoming women career specially for the wife will obstruct the husband right and children affection or not. This condition is considered to be avoided because can lead the broken home especially for the children mentality while their mothers are working outside.
HADITS AL-WALAD LI AL-FIRASY SEBAGAI PENETAPAN NASAB ANAK Asriaty, Asriaty
DIKTUM: Jurnal Syariah dan Hukum Vol 8 No 2 (2010): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (469.072 KB) | DOI: 10.35905/diktum.v8i2.305

Abstract

Islam is highly concerned with children, even though they are born from marriage by accident, or their existence are not recognized by their mother’s legal husband. One of the bases to determine the genealogy of a child is the hadits which runs, “al-walad li al-firasy, wa li al-akhir al-hajar.” This hadits explains that a child’s genealogy is associated with his/her mother’s legal husband; if there is a man claims that the child is his son/daughter, his claim is rejected. This aims at maintaining the cohesion of the legal family and, especially, for the atvantage of the child. The sentence al-walad li al-firasy in the hadits is gharib in pattern. In commentary books, many Islamic scholars try to give comprehensive explanation on this issue. The point that makes the Islamic scholars different in interpreting the hadits is the application of the word firasy for slaves and the order of hijab by our prophet to Sawdah binti Zam’ah. In this modern era, when free-sex life style prevails, the presence of a child from marriage by accident should have a solution. It will be an ironic situation if a child has to pay all the risks of the bad deed of his/her parent. Therefore, the interpretation towards the sentence al-walad li al-firasy in the hadits should by comprehensive, so that Islamic law will give positive contribution in overcoming contemporary problems of Muslims’ life in general, and the life of young Muslim generation in particular.
TEKSTUALISME PEMIKIRAN HUKUM ISLAM (Sebuah Kritik) Asriaty, Asriaty
Mazahib VOLUME 11, ISSUE 1, JUNE 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (329.126 KB) | DOI: 10.21093/mj.v11i1.112

Abstract

This paper will look at the general paradigm of Islamic legal thought. The discussion will begin with the reading of the two models in the relationship of text and reality is textual and contextual paradigm. The paper will then elaborate on the hegemonic paradigm of Islamic law in the classical era textual paradigm. Furthermore, we will load the criticism of classical Islamic legal paradigm that is considered too textual and normative implications for the resistance so that the text (revelation) of all the developments and dynamics of reality. This paper seeks to map and analyze the historical development of Islamic legal thought critically.
WANITA KARIR DALAM PANDANGAN ISLAM ASRIATY, ASRIATY
AL-MAIYYAH : Media Transformasi Gender dalam Paradigma Sosial Keagamaan Vol 7 No 2 (2014): AL-MAIYYAH
Publisher : LPPM IAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (585.595 KB)

Abstract

Basically, women careers working outside and taking the responsibility to earn the money for the basic need in accordance with their skills and competencies show their independency. In other side, this becomes the causes increasing the negative effect of women career especially the way to arrange the time allocation as a wife in one side and as a mother in the other side. Being housewife should not be neglected to avoid the negative effect for the family. The women career phenomena still increases specially in the perspective of whether becoming women career specially for the wife will obstruct the husband right and children affection or not. This condition is considered to be avoided because can lead the broken home especially for the children mentality while their mothers are working outside.
WANITA KARIR DALAM PANDANGAN ISLAM ASRIATY, ASRIATY
Al-Maiyyah : Media Transformasi Gender dalam Paradigma Sosial Keagamaan Vol 7 No 2 (2014): AL-MAIYYAH
Publisher : LP2M IAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (585.595 KB) | DOI: 10.35905/almaiyyah.v7i2.240

Abstract

Basically, women careers working outside and taking the responsibility to earn the money for the basic need in accordance with their skills and competencies show their independency. In other side, this becomes the causes increasing the negative effect of women career especially the way to arrange the time allocation as a wife in one side and as a mother in the other side. Being housewife should not be neglected to avoid the negative effect for the family. The women career phenomena still increases specially in the perspective of whether becoming women career specially for the wife will obstruct the husband right and children affection or not. This condition is considered to be avoided because can lead the broken home especially for the children mentality while their mothers are working outside.
KONTROVERSI KESAKSIAN PEREMPUAN DALAM QS AL-BAQARAH (2): 282 ANTARA MAKNA NORMATIF DAN SUBSTANTIF DENGAN PENDEKATAN HUKUM ISLAM Asriaty, Asriaty
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 7, No 1 (2016): Yudisia
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (936.25 KB) | DOI: 10.21043/yudisia.v7i1.2136

Abstract

Focus discussion of this article is debate concerning female testimony in relation to universal and comprehensive understanding including female position during the time of Revelation. Al-Baqarah: 282 has given a recognition for female as a witness before the law as a new improvement denied by jahiliyah. This verse acknowledges women as an autonomous legal subject. There is a humanity spirit of this verse. Thus, this verse should not be understood literally-scripturally. Rather, it necessitates contextual understanding based on the past and present situation and also differentiates between the core of religious teaching and that of dynamic one.
PENERAPAN MASHLAHAH MURSALAH DALAM ISU-ISU KONTEMPORER Asriaty, Asriaty
Madania: Jurnal Kajian Keislaman Vol 19, No 1 (2015): JUNE
Publisher : Universitas Islam Negeri (UIN) Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/madania.v19i1.29

Abstract

Implementation of Maslahah Mursalah in Contemporary Issues. The present article is aimed at describinghow Islamic law anticipates occurring of contemporary problematics according to Maslahah Mursalah. Maslahahmursalah (public interest) can be made as an argument for Islamic law determining if it deal with manyrequirements such as maslahat is suitable with syara, maslahat is not contrary with the Qur’an, sunnah, and ijma,and maslahat is existing in daruriyat level or hajiyat that in same level with daruriyat. Maslahah mursalah is notindependent argumentation that stands alone from the Qur’an, Sunnah, and Ijma’, but it is one of the Islamicdeductive methodes. In brief, maslahah mursalah is not resource of Islamic law but it is a method of Islamic lawdiscovering. Assembling of maslahah mursalah as dalil for Islamic law determining, it makes many contemporaryproblems can be known and determined although their law status is not mentioned in the Qur’an and as-Sunnah.So, maslahah mursalah assembling makes Islamic law always appropriate whenever and wherever
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