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Journal : Asy-Syariah

Pergeseran Persepsi Keadilan di Kalangan Muslim dalam Arisan Indeks Abdul Hamid
Asy-Syari’ah : Jurnal Hukum Islam Vol 2 No 2 (2016): Asy-Syari`` ah Juni 2016
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v2i2.244

Abstract

The development of arisan indeks in the life of Moslems of Karangdoro-Tegaljati-Banyuwangi, indicates a new perception of justice in the context of arisan tradition. The main concern of this research is understanding the new perception of justice. This research is a qualitative research applying sociological and ethical Approaches. The data was reached by the techniques of interview, observation, and document study. The data was analyzed using the rational choice theory and the general perspective of contextual ethics as the theoretical framework. One of the results of this research is that the perception of justice of the oslem participants of the arisan indeks is rational and contextual in its character. One of the principles of the Moslems’ perception is that the value of justice in the context of arisan indeks relates to not only the nominal of money but also, and more importantly, the substantive value of money.
Perceraian Sebab Kawin Paksa (Studi Kasus di Pengadilan Agama Jember) Abdul Hamid
Asy-Syari’ah : Jurnal Hukum Islam Vol 3 No 1 (2017): Asy-Syari`` ah Januari 2017
Publisher : Fakultas Syariah Institut Ilmu Keislaman Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v3i1.251

Abstract

In Islamic law and positive law that a marriage must be conducted in accordance with the rules and regulations. Both of these indicate that the carrying out of a marriage should be based on the terms and the pillars of Islam and the positive law. By law if the marriage ceremony has done, then the resulting rights and obligations between husband and wife. If the marriage between husband and wife or one of them does not want to perform its obligations, it shall do divorce. In the KHI mentioned that one of the causes of marriage breakdown is divorce and the reasons that can be used to litigate divorce one of them is between a husband and wife constantly disputes and quarrels and no hope of living in harmony again in the household. From this arises because a spouse is unwilling to perform its obligations due to any coercion in marriage.