Article Per Year (5 Year)
p-Index From 2020 - 2025
0.817
P-Index
This Author published in this journals
All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Ilmiah Al-Syir'ah Mazahib: Jurnal Pemikiran Hukum Islam
Nasohah, Zaini
Unknown Affiliation
Religion Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 4 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 4 Documents
Search

 1 
Dynamics of Islamic Family Law in Facing Current Challenges in Southeast Asia Nasohah, Zaini
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 1 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i1.16553

Abstract

Shariat contains rules appropriate for facing challenges at all times. It encompasses all aspects of human life including family laws. Family law as one of the important components in fiqh is based on evidence that is of juz’i and tafsili nature. This makes Islamic family law something dynamic. This article aims to view the position of Islamic family law in fiqh. It also intends to analyze the dynamicity of Islamic family law in facing current and future challenges, especially in Southeast Asia. Analysis was done through the content analysis method as descriptive and comparative. The findings of the analysis explained that Islamic family law is revealed in various forms of law bands appropriate to the current needs of the Islamic world. However, it is still in its basic framework which is to build a family system and consequently human social system based on Islamic law. Therefore, this dynamicity makes it remain relevant in facing current challenges. This study aims to analyze the dynamics of Islamic family law in facing current and future challenges. The analysis was made using descriptive and comparative content analysis methods. The results of the analysis explain that Islamic family law has been implemented in various forms and regulatory channels that are by the problems of the Islamic world. However, the rule is still within its basic framework, which is to compile the family system and so on the human social system based on Islamic law. Rather, it is this dynamic that makes it eternal and relevant to be ahead in facing today's challenges. The article also concludes that the Islamic family law that the state has fixed is dynamic with social and customary realities such as marriage, divorce, and women's and children's rights, especially in Southeast Asia.
The Complexities of Implementing Gazetted Fatwas in Malaysia's Federal Territories Zainal Abidin, Nur Hazirah; Nasohah, Zaini
Mazahib Vol 22 No 2 (2023): VOLUME 22, ISSUE 2, 2023
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v22i2.5862

Abstract

In Malaysia, non-compliance with a fatwa constitutes a breach under Shariah criminal jurisprudence. In such violations, it is imperative to undertake appropriate enforcement measures to address and mitigate the issue effectively. However, the implementation of enforcement has many challenges. One of the main challenges in enforcing a Shariah criminal offense is to meet the elements of proof for each offense committed. This article aimed to discuss some of the challenges regarding the enforcement of fatwas in the Federal State Territory. This research adopts a qualitative methodology, employing document analysis as a primary tool for data collection. Additionally, the study utilizes interviews to gather insights about the challenges encountered in enforcing fatwas within the community. The collected data is subsequently subjected to descriptive analysis for a comprehensive understanding. The results of the study found that among the main challenges faced by the Enforcement Division of the Federal Territory Islamic Religious Department (JAWI) are the weakness in fulfilling the elements of proving the wrongdoing of the fatwa, lack of specific expertise in matters related to investigation and intelligence as well as a lack of enforcement officers. This situation significantly influences the enforcement department's capacity to implement fatwa compliance measures within this state effectively.
Post-Divorce Polygamy in Tana Toraja: The Intersection of Islamic Law and Local Culture Saidah, Saidah; Rukiah, Rukiah; Sunuwati, Sunuwati; Nasohah, Zaini
Jurnal Ilmiah Al-Syir'ah Vol 22, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i2.3156

Abstract

The enforcement of women's rights concerning the restriction of polygamy during the iddah period following divorce is a significant problem in Islamic family law, especially within minority Muslim groups such as Tana Toraja. This paper examines a particular research gap: the inadequate comprehension of how local cultural practices affect the application of Islamic family law in minority settings. This study utilizes a legal methodology, integrating interviews with stakeholders from the local Religious Affairs Office and conducting document analysis of legal rulings, policies, and pertinent literature. The findings identify certain impediments, such as the impact of local cultural norms that frequently contradict Islamic legal principles and a lack of legal understanding within the community. The study proposes two principal recommendations to tackle these challenges: (1) improving legal education customized for the cultural context of minority Muslim communities, and (2) fortifying oversight mechanisms and law enforcement procedures via collaboration among local authorities, religious leaders, and community organizations.
Elements of Child Welfare Protection in Islamic Family Law in Southeast Asian Countries Nasohah, Zaini; Zainal Abidin, Raihana; Balqish Saharudin, Nur Izzatun; Megat Khairulazwan, Puteri Noraqilah; Fikri, Fikri
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 3 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/paaemq19

Abstract

The welfare of children is one of the key concerns in matters of marriage and divorce. Issues related to child welfare typically arise in custody disputes following divorce. Almost all Islamic family laws in Muslim countries have legal provisions to ensure child welfare. However, these welfare provisions are often considered unclear due to their general nature. This article aims to highlight the elements of child welfare care that are sought to be manifested through Islamic family law provisions in Southeast Asian Muslim countries. A document analysis method, including case judgments, was used to identify the aspects of welfare that are of concern. The analysis found that some Islamic family law provisions in Southeast Asian countries regarding child welfare remain general in nature. Legal practitioners have attempted to outline the elements of child care through interpretations of existing provisions or through the rationale provided in court judgments. Among the identified welfare elements are priority for the mother, the status quo of the current custodian, the child's age, the child's right to choose, the custodian’s religion, the custodian's lifestyle, economic status of the custodian, health status of the custodian, the custodian’s age, the custodian’s behavior, the custodian's place of residence, and access to the child's education. These elements are typically emphasized by disputing parties when presenting evidence to the court.
Co-Authors Balqish Saharudin, Nur Izzatun Fikri Fikri Megat Khairulazwan, Puteri Noraqilah Rukiah Rukiah Saidah Saidah Sunuwati, Sunuwati Zainal Abidin, Nur Hazirah Zainal Abidin, Raihana