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The Childfree Phenomenon Based on Islamic Law and Its Respond on Muslim Society Jafar, Wahyu Abdul; Zulfikri, Zulfikri; Sadiqin, Amin; Jayadi, Usman; Suriyani, Irma
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.7865

Abstract

This study aims to determine the cause of married couples choosing the childfree trend and to describe the impact of the development of the childfree trend in Muslim society. In addition, this study also aims to learn about childfree law from the perspective of Islamic law in various perspectives. This study is field research. The data collection technique in this research is using a survey. Respondents in this study amounted to 215 people. Based on the survey results, several significant findings related to the childfree phenomenon were found, among others: the factors that most influence married couples to choose the childfree trend are economic factors as much as 42% and health factors as much as 21.5%. The majority of informants, as much as 54%, stated that the childfree phenomenon might impact the social life of the Muslim community. The conclusion of the childfree law on the grounds of economic and social factors is that it is forbidden. Likewise, childfree use of permanent types of contraception is illegal. The childfree for reasons of health and trauma factors (psychological disorders); the law is permissible. Public rejection of the childfree trend due to economic factors is around 56.3%. Meanwhile, the community's rejection of the childfree trend for reasons to be happier is around 76.2%.
Mubadalah-Based Personality Development Programs for Inmates in Preventing Crime and Marital Dissolution in Lampung Correctional Institutions Muhammad Zuhri; Wahyu Abdul Jafar; Refly Setiawan; Anggalana
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 2 December (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v5i2.27942

Abstract

The The high levels of recidivism and marital dissolution among inmates’ families indicate that personality development programs within correctional institutions have not yet adequately supported social reintegration and family resilience. Accordingly, this study examines the effectiveness of inmate personality development programs in preventing recidivism and divorce, as well as their contribution to the development of family law grounded in the mubadalah perspective. This research constitutes a field study employing a qualitative approach conducted in three correctional institutions in Lampung Province. Data were collected through in-depth interviews, observation, and document analysis involving six key informants consisting of correctional officers and inmates. The data were analyzed through data reduction, thematic coding, and source triangulation, with mubadalah theory serving as the primary analytical framework. The findings indicate that religion-based personality development programs contribute positively to changes in inmates’ attitudes and moral awareness; however, they have not yet proven effective in significantly reducing recidivism (562 cases) and marital dissolution (21 cases). This study recommends strengthening reciprocity-based religious development programs, fostering collaboration with higher religious organizations, and integrating mubadalah values into correctional policies.
Ijtihad From Friends Of The Prophet Muhammad In Making Justice Law Hidayat, Nur; Jafar, Wahyu Abdul
International Journal of Educational Research & Social Sciences Vol. 2 No. 1 (2021): February 2021
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v2i1.9

Abstract

This study explains that ijtihad existed when the companions of the Prophet Muhammad were still alive and continued to develop along with the development of Islam. Ijtihad was born because it is a logical reflection of the struggles of various situations in society that require solutions to be found. However, it should be noted that not everyone can perform ijtihad because ijtihad must use the science of ushul fiqh. Ijtihad, which is carried out carelessly can produce a perverted legal product, as is the case today. Therefore, through this study, the author discusses the ijtihad practised by the companions of the Prophet Muhammad before the emergence of the science of ushul fiqh. The purpose of this discussion is to find out whether the licensed products that were born before the emergence of ushul fiqh science are legally flawed or not. After conducting an in-depth study, it was found that even though at that time the science of ushul fiqh had not been recorded in one book, the companions of the Prophet Muhammad were able to formulate and produce Islamic law products precisely. This happens because they master the science of ushul fiqh and keep it well in their memory.
The Concept Of Munakahat Fiqh; Role Of Husband And Wife In Forming A Samara Family (Sakinah, Mawadah, Waromah) Version Of Dhau Al-Mishbah Fi Bayani Ahkam An-Nikah By KH. Hasyim Asy'ari Abdul Jafar, Wahyu; Fahimah, Iim
International Journal of Educational Research & Social Sciences Vol. 3 No. 2 (2022): April 2022
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v3i2.309

Abstract

This research aims to discuss the role of husband and wife in forming a samara family in dhau al-mishbah fi Bayani ahkam an-nikah by KH. Hasyim Asy'ari. This research is a research library, while the approach used in this study is Content Analysis. The data collection technique used is the documentation technique. After conducting in-depth research, it was concluded that to make a samara family needed an excellent synergy between husband and wife. Obligation to form a samara family cannot only be imposed on the husband or wife alone, but both parties have their respective roles that must be carried out proportionally and professionally. The part that the husband must carry out is that the husband must reasonably associate with his wife, fulfil his wife's rights well, live physically and mentally, be patient with his wife's bad behaviour, provide education for his wife, especially education about sharia. 'at religion of Islam. The role that wife must carry out is to obey the husband's orders (as long as the order does not violate Shari'ah), the wife must always try to please her husband, look as beautiful as possible by maximizing her potential, must be trustworthy and not betray when her husband is not at home.
SANKSI PENYEBAR HOAX PERSPEKTIF HUKUM PIDANA ISLAM Wahyu Abdul Jafar
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 6, No 1 (2019): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v6i1.2206

Abstract

This study discusses the issue of hoaxes which have been troubling the community. One reason for the rise of hoax news is that the handling is only from the side of positive law without involving religious elements, whereas religious teachings are very effective for preventive actions because if there are religious elements in the handling, people will always be watched and afraid of sinning if they violate. The subject of this study is how to set ta'zir sanctions for hoax makers and disseminators in the perspective of Islamic law. This study is included in the literature research category, while the approach used in this study is a normative approach. The data collection technique used is documentation technique. After an in-depth study was obtained a conclusion that there were three categories of ta'zir sanctions, namely minor, moderate and severe sanctions. Minor sanctions are given to perpetrators and disseminators of hoaxes with motives of ignorance and victims of technological and information developments. While giving sanctions is being given to the perpetrators and disseminators of the hoax with the motive for the absence of legal certainty. Then hoax makers and spreaders who have motives for malicious intentions and politics are given the heaviest sanctions
Gender Justice in the Concept of Iddah: A Contextual Reading of Al-Kasani’s Thought for Working Women in Indonesia Wahyu Abdul Jafar; Alamsyah Alamsyah; Maimun Maimun; Muhammad Zaki; Siti Mahmudah
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 2 (2025): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i2.7683

Abstract

The concept of iddah in Islam is a fundamental aspect of family law, serving as a transitional period for women following divorce or the death of a husband. However, modern social and economic developments have led to an increasing number of women pursuing careers, raising questions about the relevance of iddah regulations in contemporary contexts. This study aims to analyze the concept of iddah for Working Women based on the thoughts of Imam Ala’uddin Al-Kasani, examining it through the lens of gender and marital dynamics in the context of Islamic family law in Indonesia. This research employs a qualitative approach with a literature analysis of Al-Kasani’s seminal work, Bada’i as-Sana’i fi Tartib as-Syarai’. Additionally, it compares his views with contemporary scholars and the policies of Islamic family law in Indonesia. The findings reveal that Al-Kasani emphasized iddah as a mechanism to protect women’s rights, particularly concerning lineage and financial security. However, in the context of women in modern careers, the application of iddah needs to be reassessed, considering women’s economic roles and the evolving dynamics of marital relationships. This study concludes that the recontextualization of iddah should be carried out with a focus on gender justice while preserving the maqashid shariah (higher objectives of Islamic law) within family law. Therefore, a more inclusive and contextual reinterpretation of Islamic legal rulings is necessary to ensure that iddah remains relevant to the lives of modern Muslim women in Indonesia. This research contributes to the academic discourse by offering a fresh perspective on the concept of iddah within a more dynamic social framework. A gender-just recontextualization of iddah can be a reference for developing a more inclusive and adaptive Islamic family law in Indonesia
Most Prevalent Causes of Divorce in Muslim Families during Covid-19 Pandemic: A Systematic Literature Review Wahyu Abdul Jafar
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 11, No 1 (2024): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v11i1.3428

Abstract

This research is important to determine the most prevalent causes of divorce in Muslim families during the Covid 19 pandemic. The research method used in this study is a systemic literature review, and this method will be applied to journals published in 2020-2022. There are four Research Questions (RQ) set in this study, so the final results obtained from this study are four; firstly, the wife is the party with the most initiative to sue for divorce during the Covid-19 pandemic. Second, the documentation technique is the most widely used data collection technique in research related to the causes of divorce during the Covid 19 pandemic. Third, economic factors are the most common factors causing divorce during the Covid-19 pandemic. In addition, it was also found that six other factors led to divorce. Fourth, mediation outside the court is the most widely used technique to prevent divorce during the Covid-19 pandemic. The important findings of this study are expected to contribute information to minimize the occurrence of divorce during the Covid-19 pandemic
Legality of Halal Food Certification on Maslahah Mursalah Perspective Wahyu Abdul Jafar
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 9, No 1 (2022): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v9i1.2888

Abstract

This study aims to comprehensively determine the legality of halal certification on food circulating in the community. Researchers reviewing the legality of halal food certification use the maslahah mursalah approach. Maslahah mursalah is more appropriate to use because the issue of halal food certification does not yet have a specific argument that discusses it. This study includes literature research with a normative approach. The data collection technique used in this research is the documentation technique. While the analysis technique used is the inductive analysis technique. The result of this study is that halal certification of eating based on maslahah mursalah follows Islamic law. There are many benefits of halal food certification following Islamic law principles. Food products that have obtained the halal certification label will give consumers a stronger sense of confidence that this food is genuinely halal ( al-halal bayyinun ) because a competent and authorized institution has verified it. It is different if a meal does not yet have a halal certification label, then consumers can doubt and be unsure about the halalness and quality of the product. The quality of food products that are doubtful of their halalness can change the law from halal to subhat; it is a different case if the product is already labeled with a halal certificate, consumers will be more sure of the quality and halalness of the product
PERSEPSI MASYARAKAT KOTA BENGKULU TERHADAP PAHAM ISLAM MODERAT Wahyu Abdul Jafar
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 5, No 1 (2018): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v5i1.1438

Abstract

This research was conducted to describe the perception of resident of Bengkulu about moderate Islamic understanding. In collecting the research data, researchers used purposive sampling technique. While the data collection techniques used are interviews and documentation. From the research in the field, important conclusions were obtained  namely, resident of bengkulu has some perception about moderate Islamic understanding, among others: first, Moderate Islamic understanding is the teachings of Islam that is tasamuh (tolerant), tawazun (balanced), i'tidal (straight) and tawasuth (mediocre). Secondly, Moderate Islamism is the Islamic teaching that is Rahmatan Lil Alamin. Thirdly, moderate Islamic understanding is a humanist teaching, humanistic, gentle, polite, not anarchic and peace-loving. Fourthly, Moderate Islamism is an Islamic teaching that opens itself with progress and in harmony with the concept of Indonesian statehood. Fifth, Moderate Islamism is the Islamic teachings of Islam that prioritize the value of the unity and integrity of the nation and the state. Sixth, Moderate Islamism is the teachings of Islam which emphasizes the amar ma'rufnya side of the nahi mungkarnya side. Seventh, Moderate Islamism is a strictly Islamic teaching for the afterlife and flexible for world affairs. Eighth, Moderate Islamism is a liberal and perverted teaching of Islam. Ninth, Moderate Islamism is an Islamic teaching that is heretical and weakens the Islamic ummah. Tenth, Islamic understanding Moderet is the Islamic teaching that is a mirage and divide the Muslims.
Mak Di Juk Siang Tradition in Lampung indigenous community: A Perspective on Islamic Marriage Law in Building Family Resilience Wahyu Abdul Jafar; Badrun Taman; Ahmed Hameed Kareem; Muntaser Ahmad Alqudah; Nashat Mohammad Abdel Qader Bani Hamad; Iim Fahimah
De Jure: Jurnal Hukum dan Syari'ah Vol 18, No 1 (2026)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v18i1.40501

Abstract

This study explores the practice of Mak Di Juk Siang among the Lampung indigenous community as a mechanism for promoting family resilience, with particular attention to gender perspectives and the application of living fiqh munākahāt. Mak Di Juk Siang is a customary practice that governs divorce proceedings while reinforcing moral responsibility and honor in marital relationships. The research employs a qualitative approach through ethnographic fieldwork, including in-depth interviews with married couples, customary leaders, and relevant authorities, participatory observation of traditional activities, and analysis of related customary documThis study explores the practice of Mak Di Juk Siang in the Lampung indigenous community as a way of promoting family resilience, with particular attention to gender perspectives and the application of living fiqh munākahāt. Mak Di Juk Siang is a customary practice that governs divorce proceedings while reinforcing moral responsibility and honour in marital relationships. The research employs a qualitative approach through ethnographic fieldwork, including in-depth interviews with married couples, customary leaders, and relevant authorities, participatory observation of traditional activities, and analysis of related customary documents. The findings reveal that Mak Di Juk Siang functions as a form of social control over divorce and as a means of fostering gender awareness within the household. The practice highlights the roles of both women and men in maintaining marital harmony and emphasises the balance between each spouse's rights and responsibilities. It also demonstrates the synergy between local Piil Pesenggiri values and the principles of fiqh munākahāt in establishing harmonious family relationships. From an academic perspective, this study helps further understand the interaction between Islamic law, customary practices, and gender dynamics, while illustrating the relevance of living fiqh as an adaptive, culturally established approach. The findings may also inform the development of family law policies that are sensitive to local customs and promote gender justice in Indonesia. Keywords: family resilience; Mak Di Juk siang; marriage law.