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All Journal Waraqat : Jurnal Ilmu_Ilmu Keislaman Al-Usariyah: Jurnal Hukum Keluarga Islam
Ghufran Jauhar
Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Other

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Customary Sanctions for the Cancellation of a Marriage Proposal in Krueng Barona Jaya Subdistrict, Aceh Besar: An Examination from the Perspective of Mashlahah Ghufran Jauhar; Anas Burhanuddin
WARAQAT : Jurnal Ilmu-Ilmu Keislaman Vol. 8 No. 1 (2023): Waraqat: Jurnal Ilmu-Ilmu Keislaman
Publisher : Pusat Penelitian dan Pengabdian pada Masyarakat (P3M) Sekolah Tinggi Agama Islam As-Sunnah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51590/waraqat.v8i1.486

Abstract

A marriage proposal, or 'meminang' in Indonesian, is a promise a man makes to marry a woman he proposes to. This promise is subject to cancellation due to various factors, either from the man or the woman. However, according to the prevailing customs in Aceh, Indonesia, when a marriage proposal is canceled, the party responsible for the cancellation is subjected to customary sanctions. This research explores the forms of customary sanctions imposed for the cancellation of marriage proposals and examines their compatibility with the concept of 'Mashlahah Mursalah' (public interest). This study employs a qualitative method with an empirical juridical approach. The findings reveal that customary sanctions for canceling a marriage proposal involve the forfeiture of the gold given as a symbol of the bond if the man initiates the cancellation. On the other hand, if the cancellation is initiated by the woman, the gold must be returned twofold. The 'pinangan' gift is considered a non-refundable grant in case of cancellation, regardless of whether the man or the woman initiates it. However, when evaluating the customary sanctions for canceling marriage proposals in light of Mashlahah Mursalah, they are deemed invalid as they contravene several principles of Mashlahah Mursalah, including conflict with the consensus of scholars regarding the law of dowry, contradicting the evidence from the Quran and Sunnah regarding the prohibition of unlawfully taking others' property, and negating greater public interest while opening the door to potential harm.
PERSEPSI KELUARGA MUSLIM TERHADAP KEBERADAAN STDI IMAM SYAFI'I JEMBER Irsan Irsan; Farchan Mu'aziz; Ghufran Jauhar
Al-Usariyah: Jurnal Hukum Keluarga Islam Vol 2 No 1 (2024): AL-USARIYAH: JURNAL HUKUM KELUARGA ISLAM
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

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Abstract

ABSTRACT STDI Imam Syafi'i Jember is a private Islamic scientific college located in Sumbersari District, Jember, East Java. STDI Imam Syafi'i was officially established as a tertiary institution in 2010. As an inseparable part of social life, STDI Imam Syafi'i needs to know the response and perception of the surrounding community regarding its existence. This research aims to describe the perceptions of Gumuk Bago and Sumber Rejo Muslim families regarding the existence of STDI Imam Syafi'i. This research is a field study. The primary data for this research are the results of interviews with the Muslim communities of Gumuk Bago and Sumber Rejo. This research uses a quantitative descriptive observation approach. This research concluded that 80.4% of Gumuk Bago and Sumber Rejo Muslim families had a favorable perception of the existence of STDIIS and 19.6% thought it was unfavorable. Among the good things they found from STDIIS were that students had religious knowledge, were polite, friendly, said hello, often provided economic assistance, were able to socialize with the community and did not create problems in society. Then, among the bad things that people find about STDIIS is that there are still STDI students who don't socialize enough, don't maintain their manners when on the road and when riding motorbikes. Key words: Muslim Family, Gumuk Bago, Sumber Rejo, STDI Imam Syafi'i
STRATEGI KETAHANAN KELUARGA SAKINAH PADA MAHASISWA YANG TELAH MENIKAH: Studi Fenomenologi pada Mahasiswa Berkeluarga STDI Imam Syafi’i Jember Muhammad Yusup Rustam; Ruston Kumaini; Ghufran Jauhar
Al-Usariyah: Jurnal Hukum Keluarga Islam Vol 2 No 1 (2024): AL-USARIYAH: JURNAL HUKUM KELUARGA ISLAM
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

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Abstract

ABSTRACT This research examines in depth how the strategies implemented by married couples who are students in building a family that is sakinah, mawaddah, and rahmah. Researchers found phenomena that are not a few students who are married while studying at Islamic Studies College of Imam Shafi’i Jember. This research uses qualitative methods with a phenomenological study approach. Individual exploration in phenomenology is examined and explored in depth through in-depth interviews about individual experiences in the context of their daily lives to obtain data for analysis. The results of data analysis from this study are that there are two major points that help married students succeed in carrying out their lecture activities while taking care of the family, namely: (1) The availability of educational assistance that meets the needs of tuition fees. (2) The wife's very dominant role in taking care of the house, children and husband's needs. Furthermore, the situation of husbands and wives who try to fulfill their rights and obligations to their spouses where the husband, who is a student, still tries to fulfill his wife's livelihood both in the form of physical and mental sustenance and the wife also tries to carry out her duties properly in taking care of the household, managing children and fulfilling the husband's needs is a manifestation of the concept of sakinah in which there is a sense of love and affection (Mawaddah wa Rahmah).   Keywords: strategies, married students, sakinah family
Co-Authors Anas Burhanuddin Farchan Mu'aziz Irsan Irsan Muhammad Yusup Rustam Ruston Kumaini