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All Journal Al-'Adl Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Global Education Journal
Harwis, Harwis
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Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Registration of Marriage Book Perspective of Needs Level Theory Abraham Maslow and Syatibi Harwis, Harwis; Ahmad, Ahmad
Al-'Adl Vol. 17 No. 1 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i1.5837

Abstract

The research aims to reveal the level of human need in the current era for the registration of marriage books. This research uses a document analysis approach and a literature study. Analysis of the Compilation of Islamic Law (KHI), the Marriage Law, and other related documents. This research explores the phenomenon of unregistered marriages in Indonesia, and the legal consequences caused by unregistered marriages and then analyzes the need level of the Indonesian people for the importance of registering marriage books using Abraham Maslow's and Syatibi's need level theory. This study concludes that the registration of marriage books in the analysis of Maslow's theory of needs level can include five levels of needs. Maslow's version of the five levels of needs is relevant to Syatibi's theory of needs at the level of primary needs (daruriyat). Unregistered marriages will result in a loss of civil rights, which can be life-threatening, especially for children born from unregistered marriages. Therefore, the current and future contexts have become a necessity for the obligation to fulfill the marriage book. Unregistered marriages will cause successive losses and crimes. Therefore, marriages without registration in a marriage book must be expressly annulled by the government with strict laws accompanied by sanctions. This research is expected to be a stimulant for scholars, legislators, and the government to have the confidence and courage to prevent unregistered marriages by the state.
Nusyuz and Domestic Violence in Indonesia: Reinterpreting Punishment Using the Ma'nâ al-Haml Method Harwis, Harwis; Djalal, Marini Abdul
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.6698

Abstract

Tafsir and classical jurisprudence provide three stages of solutions for a nusyûz wife. Stages of advising, separating beds, and hitting. This interpretation of nusyûz and the solution to hitting is not appropriate to the current context, so it is necessary to expand the meaning with a ma'nâ al-haml approach. Ma'nâ al-haml is used by bringing the meaning of a pronunciation to a more relevant meaning in terms of conditions, time, and space. This research uses a qualitative approach in analyzing, explaining, describing, and revealing research results. Research conducted in libraries is the method utilized to gather data. This study looks at how nusyûz solutions are interpreted in traditional tafsir and fiqh literature. It then reinterprets them using the ma'nâ al-haml approach by considering the views of modern ulama.These interpretations are then analyzed for their relevance to the laws in force in Indonesia as conditions, space, and time for understanding the pronunciation of the text using the ma'nâ al-haml approach. This research concludes that nusyûz is not caused by the wife's disobedience but rather by her bad morals or the bad morals of her partner. Nusyuz can not only occur from the wife's side but can also occur from the husband's side. Therefore, with the ma'nâ al-haml approach, you need to introspect yourself when dealing with nusyûz issues before giving signals to your partner. The solution to a nusyûz partner is not by hitting them but by discussing and negotiating to find the best solution.
A Review of Sharia Economic Law on the Fish Price Determination Mechanism Between Fishermen and Suppliers Untung, Ahmad; Umasugi, Nirwan; Marasabessy, Zainal Abidin; Wajo, Abd. Rauf; Jasmin, Jasmin; Ahmad, Samlan; Harwis, Harwis
Global Education Journal Vol. 3 No. 1 (2025): Global Education Journal (GEJ)
Publisher : Civiliza Publishing, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/gej.v3i1.588

Abstract

A Review of Sharia Economic Law on the Fish Pricing Mechanism between Fishermen and Suppliers at the Independent Tuna Fishermen's Cooperative in Jikotamo Village. This study aims to analyze the fish pricing mechanism between fishermen and suppliers in Jikotamo Village and review these practices from the perspective of Sharia economic law. The research method uses a qualitative approach with a focus on the Independent Tuna Fishermen's Cooperative in Jikotamo Village, South Halmahera Regency. Data were collected through in-depth interviews and field observations, then analyzed using Sharia economic principles related to justice, transparency, and the prohibition of riba and gharar practices. The results show that the market structure is uncompetitive with dominant suppliers determining prices unilaterally. This imbalance results in a disproportionate distribution of added value, with fishermen receiving a relatively small share of the total added value. From the perspective of Sharia economic law, the fisheries supply chain has met the requirements for transaction validity (sahih) in muamalah fiqh, but needs improvement in information transparency, fair distribution of profits, and resource efficiency. The study recommends implementing a transparent pricing information system, strengthening the capacity of fishing cooperatives, subsidizing production inputs, and establishing direct partnerships with companies.
Co-Authors Ahmad Ahmad Ahmad, Samlan Djalal, Marini Abdul Jasmin, Jasmin Umasugi, Nirwan Untung, Ahmad Wajo, Abd. Rauf Zainal Abidin Marasabessy, Zainal Abidin