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All Journal JURNAL ILMIAH PENDIDIKAN KEBUDAYAAN DAN AGAMA Justicia Religia
Masrokhin
Universitas Hasyim Asy’ari
Religion Humanities Social Sciences Other

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Komparasi iwadh khulu perspektif Madzhab Syafi'i dan KHI Isma Zahrotun Nisa; Masrokhin
JURNAL ILMIAH PENDIDIKAN KEBUDAYAAN DAN AGAMA Vol. 1 No. 4 (2023): Oktober : Jurnal Ilmiah Pendidikan Kebudayaan dan Agama
Publisher : CV. ALIM'SPUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/jipa.v1i4.308

Abstract

The aim of this research is to make a comparison of compensation law (‘iwadh) in khulû’ (talak law) from the perspective of the Syafi'i School and the Islamic Law Commission (KHI). Khulû' is a form of divorce in which the wife can ask for a divorce by giving compensation to the husband. In the Syafi'i Madzhab, the rules regarding 'iwadh and khulû' are taken from the interpretation of the Al-Quran and Hadith, while KHI is a collection of laws that apply in certain countries. This study uses a comparative analysis method between the two sources of law. The results of the study show that there are different approaches to regulating compensation law in khulû'. The Syafi'i school tends to emphasize the benefit of the parties involved in the divorce, so that compensation limits can be more flexible. On the other hand, KHI may have more specific and structured provisions regarding compensation in khulû', which are adapted to the social and cultural context of the country. This research is expected to provide a deeper understanding of the different perspectives of Islamic law regarding khulû' and compensation law, as well as their implications for legal practice in modern society.
An Islamic Legal Analysis of the Ngemblok Tradition in Mentoro Village: A Study from the Perspective of Fathul Qorib Farichatul Aula Nikmatur Rohmah; Masrokhin
Justicia Religia Vol 4 No 1 (2026): Justicia Religia: Jurnal Hukum Islam
Publisher : LPPM Universitas Al-Khairiyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.3898/jure.v4i1.582

Abstract

The Ngemblok Tradition in Mentoro Village, Tuban Regency, is a marriage proposal practice initiated by the female party toward the male party, which differs from the conventional practice of khitbah commonly found in Muslim communities. This study aims to analyze the implementation of the Ngemblok tradition and examine its relevance to the concept of khitbah in the Book of Fathul Qorib and the perspective of Islamic law. This research employs a qualitative method with a socio-juridical approach through a field case study. Data were collected through observation, in-depth interviews with four informants selected using purposive sampling techniques, and documentation. The research informants consisted of the Head of Mentoro Village, religious figures, and practitioners of the Ngemblok tradition. The findings reveal that the Ngemblok tradition is carried out through family deliberation and involves community leaders to preserve the values of propriety, harmony, and mutual respect between families. The analysis of the Book of Fathul Qorib indicates that although khitbah is described as a proposal initiated by the male party toward the female party, there is no explicit provision prohibiting women from proposing marriage to men. Based on the principle of al-'adah al-muhakkamah, the Ngemblok tradition can be categorized as 'urf shahih because it has become an accepted custom within the community, does not contradict the principles of Islamic law, and provides benefits in the process of establishing a family. The novelty of this study lies in its analysis of the Ngemblok tradition by directly connecting it with the concept of khitbah in the Book of Fathul Qorib and the principle of al-'adah al-muhakkamah as a basis for legitimizing customary practices within Islamic law.
Co-Authors Farichatul Aula Nikmatur Rohmah Isma Zahrotun Nisa