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All Journal DE JURE Hukum Islam Al Ahkam FiTUA : Jurnal Studi Islam IAS Journal of Localities
Asmita, Sri
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Religion Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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RESESI SEKS : ANTARA KEBEBASAN INDIVIDU DAN HUKUM ISLAM Asmita, Sri; Fathimah, Ema
FiTUA: Jurnal Studi Islam Vol 5 No 1 (2024): June
Publisher : STIT Sunan Giri Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47625/fitua.v5i1.553

Abstract

Developed countries, a sexual recession has become a new trend among the community, manifested in the form of concerns about family responsibilities. The high regard for the legality of marriage by all religions is gradually shifting with the times. The institution of marriage is considered incompatible with the current lifestyle of society, especially in some non-Muslim majority developed countries. This article aims to examine and analyze how a sexual recession can occur, and what are the factors and implications of the sexual recession in the era of disruption. This research is qualitative and descriptive, collecting data through library research and observing phenomena by obtaining evidence through the internet and various social media platforms such as YouTube, Instagram, Google, and others. The article shows that sexual recession is prevalent in some developed countries such as Japan, the United States, South Korea, China, and so on. This is due to a decline in interest in sex, marriage, and having children. Sex and religion, especially Islamic law, seem to act as constraints on individual freedom, leading to a decline in population from all aspects of life This serves as evidence that the sexual recession in some countries, especially developed ones, is heavily influenced by religious dogma and free association. Therefore, a study is needed that confronts the epistemology of religious dogma, especially when confronted with Islamic law and individual freedom within marriage.
Transwomen and transmen from Islamic family law perspective Abdillah, Muhammad; Febriani, Fenti; Asmita, Sri; Lusiana
IAS Journal of Localities Vol. 1 No. 1 (2023)
Publisher : Yayasan Irwan Abdullah Cendekia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62033/iasjol.v1i1.13

Abstract

This article attempts to explain why the issue of sex change is still an important discussion topic in Islam. The phenomenon of transwomen and transmen is judged unilaterally on the basis of religious, cultural, and socio-religious doctrines. This study aims to be able to look further at the research gap from the previous studies by looking at the reception of transwomen and transmen in the view of Islamic family law as well as to discover the factors that have caused gender reassignment among transwomen and transmen. This paper has discovered that transwomen and transmen have suffered a stigma from religion and in society, and this stigma has been influenced by various economic, political, and religious, doctrinal interests. However, at the same time, there are cases that show religious legitimacy allows someone to change their gender. This research has been conducted using the literature study approach to investigate the reception of transwomen and transmen from the perspective of Islamic family law.
BABY BLUES SYNDROME AND LEVELS OF HOUSEHOLD HARMONY: ISLAMIC FAMILY LAW CONCEPT Asmita, Sri; Fathimah, Ema; Syarudin, Ahmad Zazili
Hukum Islam Vol 24, No 1 (2024): ISLAMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v24i1.28480

Abstract

The trauma experienced by women after childbirth often leads to baby blues syndrome, which shows that the shock after childbirth can affect the physical and psychological changes of a woman. This paper aims to examine and analyse the phenomenon of baby blues syndrome experienced by postpartum women, which can affect family harmony and resilience, especially in the concept of Islamic family law. The study in this paper is descriptive qualitative. The data is collected through a library research approach and through the process of reading and searching on the Google search engine with the keywords "baby blues syndrome". This paper shows that baby blues syndrome experienced by postpartum women can be present in the form of trauma and acts of violence both to themselves and to children and even affect household harmony, even in the concept of Islamic Family Law, it is important to remember that a loving, understanding, and supportive attitude towards wives who experience baby blues syndrome is part of the responsibility of husbands and families in carrying out their respective roles. This is evidence that mental readiness before having a child is needed by a wife. This study shows that the baby blues condition is the cause of the breakdown of a family so that a comprehensive study of the phenomenon of baby blues syndrome is needed, which is expected to minimise the occurrence of baby blues syndrome in the household, so that family resilience can be maintained.
THE CULTURE OF SHAME: BETWEEN THE CHALLENGES AND THREATS OF SOCIAL MEDIA IN THE ERA OF DIGITALIZATION (THE CONCEPT OF ISLAMIC FAMILY LAW) Asmita, Sri; Sarip, Muhammad
Al Ahkam Vol. 19 No. 2 (2023): Juli-Desember 2023
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v19i2.9629

Abstract

The era of digital transformation is an era of disruption that changes all aspects of human life, which is marked by the shift of human ideology to social conditions that occur in society. This is growing along with technological advances that are much favored by millennial people today, especially in social media. This paper is based on the argument that the shifting culture of shame in Indonesian society in social media, so that it becomes a challenge and threat for users. This study uses a library research approach by obtaining data sourced from online and offline, thus providing an objective picture of how the concept of shame in Islamic family law between the challenges and threats of social media in the era of digital transformation. The study in this study is qualitative descriptive, by obtaining evidence through Google engines such as YouTube, Instagram, Twitter, and other social media. This paper shows that social media in an unwise way causes a shift in understanding towards the use of technology, thus distorting the concept of shame in Islamic family law. The number of widows and widowers indulges in shame during marriage on social media, as well as between mother and child, so that there is no more privacy in every daily activity, this is a big challenge for Islamic family law in placing the concept of shame to anticipate disharmony in the household.
Customary Sanctions for Strengthening Moral Order and Social Harmony in South Sumatra Communities Erniwati, Erniwati; Pertiwi, Hana; Asmita, Sri; Andriyani, Andriyani; Oktarina, Evi
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025): in Press
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.32262

Abstract

The implementation of customary (adat) sanction-based strategies to minimise immoral acts illustrates the interaction between customary law, moral values, and social dynamics in local communities. This study aims to analyse the effectiveness of such sanctions in curbing immoral behaviour, which includes physical, verbal, and sexual offences outside of marriage, as well as other forms of social deviance. It examines the types of sanctions applied, such as fines, corporal punishment, forced marriage, and ostracism. From the perspective of Islamic law, these sanctions fall under ta'zir, a discretionary punishment used to uphold justice and maintain order. Based on family and social law theory, the study positions customary norms as tools for promoting collective morality and shaping social cohesion. Using a qualitative approach, data were collected through interviews with religious and traditional leaders, community elders, and young people, as well as through field observations. The findings show that customary sanctions foster awareness, promote moral conduct, and support social harmony by reinforcing shared ethical standards and encouraging communal responsibility. These practices are deeply embedded in cultural identity and often enjoy stronger legitimacy than formal legal mechanisms. Although not part of state law, customary sanctions operate as informal systems of justice and serve as culturally appropriate responses to moral decline. The significance of this study lies in its potential to inform policy and practice through culturally grounded strategies that integrate religious ethics, traditional values, and local wisdom. It also contributes to broader discourses on alternative dispute resolution, grassroots moral governance, and the role of local institutions in addressing youth immorality and sustaining social order.
Co-Authors Andriyani Andriyani Erniwati Erniwati Fathimah, Ema Febriani, Fenti Hana Pertiwi Lusiana Muhammad Abdillah Oktarina, Evi Sarip, Muhammad Syarudin, Ahmad Zazili