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This Author published in this journals
All Journal al-Afkar, Journal For Islamic Studies Journal of Islamic Civilization El-Faqih : Jurnal Pemikiran dan Hukum Islam
Isyaq Maulidan
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Kekerasan Dalam Rumah Tangga Sebagai Alasan Perceraiaan (Analisis Putusan Nomor 737/Pdt.G/2021/PA.TPI Perspektif Saddu Adz-Dzari’ah) Rizki Amar; Isyaq Maulidan; M. Rafli Kurniawan
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 1 (2024): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v10i1.1287

Abstract

This paper aims to examine the decision of the Religious Court No. 737/Pdt.G/2021/Pa.Tpi regarding the case of divorce due to domestic violence from the perspective of saddu adz-dzari'ah. This paper focuses on the reasoning of the panel of judges who directed their consideration to article 19 letter (f) of PP No. 9 of 1975 'jo article 116 (f) KHI and saw the relevance of the decision to the saddu adz-dzari'ah theory. This research uses a juridical-empirical approach and makes saddu adz-dzari'ah as an analytical. From this study, it is known that the panel of judges interpreted the act of domestic violence as a result of disputes and quarrels, therefore the Panel of Judges in its legal considerations applied Article 19 letter (f) PP No. 9 of 1975 jo. Article 116 letter (f) KHI. The granting of the divorce suit follows the theory of saddu adz-dzari'ah where marriage which should be a wasilah to happiness, the benefit of husband and wife does not materialise. On the contrary, the marriage becomes a wasilah to kemafsadatan (disputes and quarrels) and prohibited behaviour (domestic violence).
The Tradition of Raising Raket Twins in Paopale Laok Village, Sampang Andi Alfarisi; Moh. Hilal; Isyaq Maulidan
al-Afkar, Journal For Islamic Studies Vol. 7 No. 1 (2024)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v7i1.872

Abstract

The purpose of this study is to determine whether the tradition of separating the care of raket twins is valid to be carried out based on Islamic law review based on 'urf theory and Compilation of Islamic Law review. Children born as non-identical twins (raket) have different types of care in Paopale Laok Village, Ketapang Subdistrict, Sampang Regency. Children born as a raket must be separated based on customary beliefs. This is done so that twins who are born are spared from bad effects as has happened in the past. The method used in this research is qualitative research. The approach used is normative empirical. Primary data is obtained directly in the field with the process of interviews and observations and then further analysis is carried out. While secondary data is obtained from literature that is in accordance with this research. The results of this study, based on the review of Islamic law using the theory of 'urf, this tradition is included in the category of 'urf fasid because there are rituals that are contrary to syarak and based on the KHI review the tradition is not justified, because there are children's rights that cannot be fulfilled.
The Relationship of Husband and Wife in The Perspective of Mubadalah: Is A Study of The Concept of Rights and Obligations According To KH. Hasyim Asy'ari Isyaq Maulidan; Mukhtar Adinugroho
Journal of Islamic Civilization Vol 5 No 2 (2023): Journal of Islamic Civilizatioan
Publisher : Universitas Nahdlatul Ulama Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33086/jic.v5i2.5081

Abstract

The concept of rights and obligations in the Book of Ḍau' Al-Miṣbaḥ Fī Bayāni Aḥkām Al-Nikāh by KH Hasyim Asy'ari refers to the textual meaning of hadith and refers to the social conditions at that time, so that the resulting understanding is gender biased. Meanwhile, nowadays the relationship between husband and wife has become a global issue. So how do you communicate this understanding so that it can be in line with current developments? The content analysis procedure used in this research method consists of four steps, namely data procurement, data reduction, inference and data analysis. In the Mubādalah principle, marriage is an agreement between a man and a woman to live together in one bond, working together to manage household roles. Because marriage is an agreement to live together, the pillars consist of five things, namely: Mitsaqan Ghalizan, Zawaj, namely partnership and togetherness, Taraadhin, Mua'syarah bil Ma'ruf, treating each other well and appropriately, Deliberation. The Mubadalah approach in reading the concept of the rights and obligations of husband and wife provides a progressive understanding and placing the relationship between husband and wife on an equal footing in both the private and public realms can provide an understanding of mutuality.
Co-Authors Andi Alfarisi M. Rafli Kurniawan Moh. Hilal Rizki Amar