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All Journal Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam YUSTISI Rayah Al Islam : Jurnal Ilmu Islam Al-Majaalis : Jurnal Dirasat Islamiyah Yustisi: Jurnal Hukum dan Hukum Islam Jurnal Al-Fawa'id : Jurnal Agama dan Bahasa USRAH: Jurnal Hukum Keluarga Islam
Muhammad Nurul Fahmi
Sekolah Tinggi Dirasat Islamiyah Imam Syafi’i Jember
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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TINJAUAN SIYASAH SYAR’IYAH TERHADAP PENETAPAN BATAS USIA NIKAH (Studi Kritis Terhadap Penetapan Usia Nikah Di Indonesia) Muhammad Nurul Fahmi
Al-Majaalis : Jurnal Dirasat Islamiyah Vol 8 No 1 (2020): AL-MAJAALIS : JURNAL DIRASAT ISLAMIYAH
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37397/almajaalis.v8i1.158

Abstract

Various countries including Indonesia have enacted laws regulating the age limit for marriage. The determination of thelimit is certainly not free from criticism and controversy. On the other hand, the presence of a state to regulate people's affairs is highly emphasized in Islam, both relating to religious issues and world problems.This is what is known as siyasah shar'iyah ‘good governance in Islam’. However, the determination of the age limit for marriage needs to be studied further from the perspective of siyasah shar'iyah. This study aims to determine the general concept of siyasah shar'iyah, the stipulation of the age of marriage in Islam, the age limit for marriage in Indonesia, and the conformity of these rules to the concept of siyasah shar'iyah.This research is a library research that uses a qualitative approach. The results of this study indicate that the general concept of siyasah shar'iyah is the authority of the leader to regulate matters that have not been determined by sharia arguments, as well as things in sharia that are not permanent or have many legal points of view. As for the age limit for marriage, it is not specified in Islam. However, a guardian (father) may even marry off their young children. Meanwhile in Indonesia, a person is not allowed to get married before reaching the age of 19, whether male or female. This stipulation of the age limit for marriage is not in line with the concept of siyasah shar'iyah. As this has legal consequences that are contrary to what has been established by Islam through the sharia argument, which is that it is permissible for someone to marry under that age.On the other hand, it also contradicts the recommendation of the Sharia to hasten marriage if it is possible.
IMPLIKASI BENCANA TERHADAP KEHARMONISAN RUMAH TANGGA (Studi Kasus Pada Masyarakat Korban Bencana Banjir di Kelurahan Kepatihan Kecamatan Kaliwates Kabupaten Jember) Winning Son Ashari; Muhammad Nurul Fahmi
Al-Majaalis : Jurnal Dirasat Islamiyah Vol 8 No 2 (2021): AL-MAJAALIS : JURNAL DIRASAT ISLAMIYAH
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37397/almajaalis.v8i2.160

Abstract

Harmony in the household is a dream and hope for every married couple who is in a marriage relationship. This harmony must have many aspects that can affect it. Among the aspects that might affect this harmony is a tragedy that has befallen. The flood disaster has hit some areas in Jember Regency and has had several impacts on the affected residents. The purpose of this research is to find and analyze things that affect household harmony in an Islamic perspective, the phenomenon of the flood disaster in Kepatihan Jember and the implications of the flood disaster on the household harmony of flood victims in Kepatihan Subdistrict, Kaliwates District, Jember Regency. This research uses a qualitative approach with a type of case study. The results of this research are (1) In a Islamic perspektive, there are several efforts that can be made to build family harmony before and after the marriage, (2) residents of Kepatihan Jember Regency have experienced floods five times and the last disaster was the most severe by the number of residents. As many as 32 families and eight houses were affected by damage, (3) this flood disaster greatly affected the husband's ability to fulfill his obligations as head of the household, but this did not have a major negative impact on the harmony of their household.
PERAN SYARIAT POLIGAMI DALAM MENGATASI PROBLEMATIKA HIDUP WANITA PASCA PERCERAIAN DAN KEMATIAN SUAMI Muhammad Nurul Fahmi; Winning Son Ashari; Sucipto
Al-Majaalis : Jurnal Dirasat Islamiyah Vol 9 No 2 (2022): AL-MAJAALIS : JURNAL DIRASAT ISLAMIYAH
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37397/almajaalis.v9i2.209

Abstract

A marriage has an important role for human in realizing their happiness. Marriages that are permitted by the Shari'a are not only monogamous, but also polygamous. However, polygamy often gets a negative stigma from some circles, including as one of the triggers for divorce. Women who no longer have husbands (widows), either because of divorce or death, have to face various difficult life problems. Therefore, it is necessary to find a solution to the widows’ problems. Despite getting a negative stigma, polygamy should be a solution to the problems of widows' lives. From these problems, the researchers want to know the concept of polygamy according to Islamic Law, the problems of womans’ life after divorce and the death of their husband, and the role of polygamy in resolving them. In collecting data, the researchers used a qualitative approach with literature study techniques and then analyzed it using a descriptive method. The results of this study are: 1) Polygamy in Islam must follow the provisions: able to provide physical and spiritual support, a maximum of 4 wives at a time, able to be fair, and not marrying two women who are close in lineage; 2) Women's life problems after a divorce or the death of their husband include: domestic problems, economic problems, and psychological problems. 3) The application of a healthy polygamy based on the Shari'a is able to overcome the problems of women's life after divorce and husband's death. Therefore, women who are widowed can be reduced and the problems of their lives can be resolved.
Perjanjian Tidak Dipoligami dalam Pernikahan Menurut Mazhab Syafii dan Hukum Positif di Indonesia Fikri Afrianto; Muhammad Nurul Fahmi
Jurnal Al-Fawa'id : Jurnal Agama dan Bahasa Vol 13 No 1 (2023): Maret
Publisher : STAI Ali bin Abi Thalib Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54214/alfawaid.Vol13.Iss1.383

Abstract

The purpose of this research is to discuss the marriage agreement, especially the agreement not to be polygamous according to Mazhab Syafii and positive law in Indonesia. Marriage is a way for humans to channel their biological desires from a path that is in accordance with Islamic law. In marriage itself, Allah also regulates the law of polygamy, namely that a man may marry a wife with a maximum limit of 4 people. However, in reality, not all women or wives want to be polygamous, so they take precautions to make a marriage agreement before carrying out the contract so as not to be polygamous. The research method used is qualitative research. The type of research used is the literature review method, so that the data sources used are sourced from relevant documents. The results of this study are a marriage agreement in the form of a prospective wife not wanting to be polygamized by a prospective husband, when the marriage has taken place, the scholars in the Syafii Mazhab consider the agreement invalid even though the marriage is valid with the consequence of canceling the mahr that has been determined before the contract and the wife only gets mahr mitsl, while in positive law in Indonesia the agreement is permissible, as long as the agreement is agreed upon by both parties, both the male party (prospective husband) and the female party (prospective wife) and does not harm third parties. However, if after the marriage the agreement is violated, then the wife has the right to file a marriage annulment or make it a reason for a divorce suit to the Religious Court.
ANALISIS NILAI-NILAI PSIKOLOGIS HUKUM ISLAM DALAM SEDEKAH Irsan; Khairunnas Jamal; Muhammad Nurul Fahmi
Al-Majaalis : Jurnal Dirasat Islamiyah Vol 10 No 2 (2023): AL-MAJAALIS : JURNAL DIRASAT ISLAMIYAH
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37397/amj.v10i2.302

Abstract

This study analyzes psychological values of alms in shari'a. This research is a library research, and the data analysis technique in this research is content analysis. This study concludes that the psychological values of Islamic Law are the psychological values, thoughts and behaviors contained in each Shari'a in Islam, whether the Shari'a is in the form of words or deeds. This research also concludes that the psychological values contained in the Shari'a regarding wills are the motivation to always be think good of Allah, the motivation to always be enthusiastic at work, the motivation to always be empathetic to others, the motivation to always be a person with a big heart, the motivation to always be pious individual.
PROSEDUR DAN SYARAT POLIGAMI DI INDONESIA PERSPEKTIF MAQASHID SYARIAH Muhammad Nurul Fahmi; Muhammad Yassir; Abdi Zulfantri
Al-Majaalis : Jurnal Dirasat Islamiyah Vol 11 No 2 (2024): AL-MAJAALIS : JURNAL DIRASAT ISLAMIYAH
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37397/amj.v11i2.572

Abstract

Basically, polygamy in Islam is permissible. In fact, according to some scholars, the original law for marriage is polygamy, except for those who are afraid of not being fair, then they are permitted to marry one woman. However, some people in Indonesia have different views on polygamy, some consider it normal and some consider it inappropriate for someone who is good and has authority in society. The government neither agrees nor absolutely rejects people's views on polygamy, but they provide difficult conditions for anyone who wants to practice polygamy. If one pays attention to these conditions it is difficult to fulfill, making it almost impossible for a husband to legally practice polygamy according to the law. One of the conditions that is very difficult for a husband who wants to be legally polygamous is to obtain written permission from his wife. In fact, in Islamic law, a husband who wants to practice polygamy is not required to ask permission from his wife. On the other hand, the presence of Islamic sharia actually has a specific purpose. These goals have been compiled by the scholars with the term maqashid sharia. The principles of maqashid sharia are reflected in various matters in Islamic law, including the law on monogamous and polygamous marriages. With the difficulty of procedures and requirements for polygamy in Indonesia, it is feared that it will become an obstacle to achieving maqashid sharia through this polygamy sharia. The researchers are interested in conducting deeper research related to the suitability of polygamy procedures and requirements in Indonesia with the principles of maqashid sharia.
Wasiat Wajibah Pada Kasus Kewarisan Beda Agama (Studi Analisis Putusan Pengadilan Agama Kabanjahe No. 2/Pdt.G/2011/Pa-Kbj Dalam Perspektif Maqasid Al-Syari’ah) Abubakar R Sanaky, Faizal; Fahmi, Muhammad Nurul
Rayah Al-Islam Vol 8 No 3 (2024): Rayah Al Islam Agustus 2024
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat, Sekolah Tinggi Ilmu Bahasa Arab Ar Raayah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37274/rais.v8i3.1087

Abstract

Warisan adalah salah satu hukum Allah yang berkaitan dengan harta peninggalan seseorang setelah ia meninggal. Dalam penelitian ini, penulis ingin memfokuskan pembahasan pada masalah pembagian waris kepada mereka yang pada asalnya tidak mendapatkan warisan yaitu warisan bagi orang kafir. penulis menemukan permasalahan di zaman ini bahwa seorang kafir mungkin saja dapat mewarisi dari seorang Muslim melalui konsep wasiat wajibah. Terdapat beberapa penelitian terdahulu yang membahas perihal wasiat wajibah pada kasus kewarisan kepada seseorang yang secara sah bukan ahli waris. didapati perbedaan bahwa belum ada yang membahas wasiat wajibah pada kasus kewarisan beda agama dalam perspektif maqsid al-syari’ah dan lebih khusus lagi penelitian berfokus pada analisis putusan Pengadilan Agama Kabanjahe No.2/Pdt.G/2011/Pa-Kbj. Oleh karena itu penulis ingin mengkaji lebih dalam masalah ini, dan melihat kesesuaian putusan dengan prinsip maqasid al-syari’ah. Penelitian ini merupakan penelitian pustaka atau library research yaitu metode penelitian yang dilakukan dengan cara mengumpulkan, literatur atau sumber-sumber tertulis yang relevan dengan topik penelitian. Pengadilan Agama Kabanjahe pada putusan No.2/Pdt.G/2011/Pa-Kbj mengabulkan gugatan yang diajukan oleh penggugat, yang berarti penggugat yang seorang beragama kristen juga termasuk ahli waris almarhum ayahnya yang seorang muslim melalui wasiat wajibah. Putusan Pengadilan Agama Kabanjahe No.2/Pdt.G/2011/Pa-Kbj tidak berkaitan atau tidak sesuai dengan prinsip Maqasid Al-Syari’ah, dan lebih khusus pada Ad-Dharuriyyat Al-Khoms atau pada 5 unsur pokok penting syari’at, kecuali putusan tersebut berkaitan dengan salah satu unjur yaitu hifdz al-mal atau menjaga harta, karena putusan tersebut berkaitan dengan harta seorang hamba, dan juga tujuan penggugat mengajukan gugatan tersebut adalah untuk pengurusan hak-hak pensiunan ayahnya yang sudah meninggal, yang dimana harta tersebut dapat bermanfaat untuk anak keturunannya. Inheritance is one of Allah’s laws concerning the distribution of a person’s assets after their death. In this study, the author aims to focus on the issue of inheritance distribution to individuals who would originally not be entitled to inherit, specifically inheritance for non-Muslims. The author has identified a contemporary issue where a non-Muslim may inherit from a Muslim through the concept of wasiat wajibah (compulsory bequest). Previous studies have examined the application of wasiat wajibah in cases where the heir is not a legal heir, but none have explored wasiat wajibah in the context of interfaith inheritance from the perspective of maqasid al-shariah. This research specifically analyzes the decision of the Kabanjahe Religious Court No. 2/Pdt.G/2011/Pa-Kbj. Therefore, the author intends to delve deeper into this issue and assess whether this decision aligns with the principles of maqasid al-shariah. This study employs a library research method, which involves gathering and analyzing relevant literature and written sources related to the research topic. The Kabanjahe Religious Court's decision No. 2/Pdt.G/2011/Pa-Kbj granted the plaintiff’s claim, meaning that the plaintiff, who is Christian, was included as an heir to his deceased Muslim father through wasiat wajibah. This decision does not align with the principles of maqasid al-shariah, particularly with respect to the five essential elements of sharia, except for one aspect, which is hifdz al-mal (protection of property), since the decision pertains to the property of a servant. The plaintiff’s objective in filing the lawsuit was to manage his deceased father’s retirement benefits, which could be beneficial for his descendants.
Perjanjian Tidak Dipoligami dalam Pernikahan Menurut Mazhab Syafii dan Hukum Positif di Indonesia Afrianto, Fikri; Fahmi, Muhammad Nurul
Jurnal Al-Fawa'id : Jurnal Agama dan Bahasa Vol 13 No 1 (2023): Maret
Publisher : STAI Ali bin Abi Thalib Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54214/alfawaid.Vol13.Iss1.383

Abstract

The purpose of this research is to discuss the marriage agreement, especially the agreement not to be polygamous according to Mazhab Syafii and positive law in Indonesia. Marriage is a way for humans to channel their biological desires from a path that is in accordance with Islamic law. In marriage itself, Allah also regulates the law of polygamy, namely that a man may marry a wife with a maximum limit of 4 people. However, in reality, not all women or wives want to be polygamous, so they take precautions to make a marriage agreement before carrying out the contract so as not to be polygamous. The research method used is qualitative research. The type of research used is the literature review method, so that the data sources used are sourced from relevant documents. The results of this study are a marriage agreement in the form of a prospective wife not wanting to be polygamized by a prospective husband, when the marriage has taken place, the scholars in the Syafii Mazhab consider the agreement invalid even though the marriage is valid with the consequence of canceling the mahr that has been determined before the contract and the wife only gets mahr mitsl, while in positive law in Indonesia the agreement is permissible, as long as the agreement is agreed upon by both parties, both the male party (prospective husband) and the female party (prospective wife) and does not harm third parties. However, if after the marriage the agreement is violated, then the wife has the right to file a marriage annulment or make it a reason for a divorce suit to the Religious Court.
PROBLEMATIKA ORANG TUA TUNGGAL DALAM MEMENUHI HAK-HAK ANAK (Studi Kasus pada Masyarakat Cikupa Tangerang) Wafa Amal Khoerina; Muhammad Nurul Fahmi
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 1 (2024): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i1.1332

Abstract

Abstract A person who manages the household, takes care of the children and themselves without the help or presence of a spouse is called a single parent. Single parents have an important task in fulfilling children's rights. However, every family must have various problems, as well as single parents who live in Cikupa Tangerang. This study aims to analyze and find children's rights in an Islamic perspective, because children's rights in Cikupa are only fulfilled by single parents, and the main obstacles of single parents in Cikupa in fulfilling children's rights. This research uses a qualitative approach with a case study type of research. The results showed that (1) children's rights in the Islamic perspective can be divided into material rights, and non-material rights, (2) the reasons why children's rights in Cikupa are only fulfilled by single parents are due to the death of one of the parents and divorce, (3) the main obstacles of single parents in Cikupa in fulfilling children's rights are obstacles in fulfilling the right to maintenance, obstacles in fulfilling inheritance rights, and obstacles in fulfilling the right to get tarbiyyah, ta'lim, and ta'dib. Keywords: problematics; single parents; children's rights; Islam.  
EKSPLORASI KONSEP NABAWI DALAM MENUMBUHKAN KEHARMONISAN RUMAH TANGGA POLIGAMI Fahmi, Muhammad Nurul; Anas Burhanuddin; Abdul Rahman Ramadhan
Al-Majaalis : Jurnal Dirasat Islamiyah Vol 12 No 1 (2024): AL-MAJAALIS : JURNAL DIRASAT ISLAMIYAH
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37397/al-majaalis.v12i1.727

Abstract

This research aims to analyse the concept applied by the Messenger of Allah -peace be upon him- in building polygamous household harmony. The polygamy law is a solution to various problems experienced by Muslims, especially Muslim women, as a form of uplifting women's dignity. The example shown by the Messenger of Allah -peace be upon him- and his companions as practitioners of the polygamy law is a depiction of the real and solutive implementation of polygamy initiated by Islam. However, the practice of unhealthy polygamy implemented by some groups under the pretext of implementing Islamic teachings today tends to prioritize prestige, pride, and lust. This is what makes the rejection and controversy related to polygamy even greater and wider. This is reinforced by the high divorce rate due to polygamy. This phenomenon is inversely proportional to the practice of polygamy in the life of the Messenger of Allah -peace be upon him- which was harmonious and peaceful, both the relationship between him as a husband with his wives and the relationship between the wives in polygamous life. This research is qualitative research with data collection using literature review techniques. The data used in this research comes from secondary data in the form of books, articles, and scientific journals that have information relevant to the research topic. This research uses content analysis as a data analysis technique and deductive concepts in making conclusions. The results of this research show that the concepts implemented by the Messenger of Allah -peace be upon him- in building the harmony of polygamous household life are fairness in the division of nights and provision, making the wives’ houses close to each other, visiting all wives every day, and gathering the wives in one house every night.
Co-Authors Abdi Zulfantri Abdul Rahman Ramadhan Abubakar R Sanaky, Faizal Afrianto, Fikri Anas Burhanuddin Fikri Afrianto Irsan Khairunnas Jamal Muhammad Yassir Nadia Paspashafira Rafsanjani Prima Rama Fitrilia Salma Sucipto Wafa Amal Khoerina Winning Son Ashari