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All Journal Al-Wardah: Jurnal Kajian Perempuan, Gender dan Agama El-Usrah: Jurnal Hukum Keluarga Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Rechtsvinding
Djalal, Marini Abdul
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Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
Kawin Beda Agama Dan Nasab Anak Perspektif Kompilasi Hukum Islam Abbas, Abdul Haris; Djalal, Marini abdul
AL-WARDAH: Jurnal Kajian Perempuan, Gender dan Agama Vol 16, No 2 (2022): Edisi Desember
Publisher : IAIN TERNATE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/al-wardah.v16i2.956

Abstract

Perkawinan beda agama sebagai fakta sosial, menjadi persoalan yang tak pernahberujung pada satu kesepakatan, kehadirannya senantiasa menempati duapolemik, yaitu pendapat yang membolehkan dan pendapat yang tidakmembolehkan. Menyikapi hal tersebut, Kompilasi Hukum Islam (KHI) sebagaihukum terapan Pengadilan Agama, juga tidak luput membahas perkawinan bedaagama dalam pasal-pasalnya serta memberi batasan yang cukup jelas terkaitdengan perkawinan tersebut dalam konteks kemaslahatan kehidupan kaumMuslim di Indonesia.
Fulfillment of Prisoners' Livelihood and Its Impact on Families from the Perspective of Maqashid Al-Syariah (Study at Ternate Class IIA Penitentiary) Mustafa, Abdul Rahman; Djalal, Marini Abdul; Nainggolan, Basaria
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.836

Abstract

The limitations on movement and access for husbands who are prisoners create a dilemma between the legal and sharia obligations to provide for their families and the reality of the limitations faced during detention. The purpose of this study is to analyze the mechanism for fulfilling prisoners' livelihoods for their families, examine the impact of the inability to fulfill livelihoods on the family, and analyze and critique the Maqhasid Al-Syar'iah aspects in fulfilling prisoners' livelihoods and their impact on the family. This research method is empirical legal research with a sociological approach to law and sharia. Data analysis techniques use qualitative analysis. The results of the study indicate that the fulfillment of prisoners' livelihoods is met through: the use of joint assets, the prisoner's income, the wife's employment, and through an assimilation program. The impact of the inability to fulfill prisoners' livelihoods on their families is: economic impact, psychological impact and divorce. From the perspective of maqashid al-shariah, the fulfillment of livelihood is related to maintaining the necessities of life, namely maintaining religion, life, mind, descendants and property. The application of the concept of Mubadalah or mutual assistance, where the wife is also responsible for earning a living by considering the condition of the husband who is a prisoner, is a solution that brings benefits to the prisoner's family.
Reconstruction of the Concept of Nusyūz in Islamic Law: Perspectives of Religious Figures in Ternate, Indonesia Alimuddin, Harwis; Djalal, Marini Abdul; Abbas, Abdul Haris; Syatar, Abdul; Haq, Islamul
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/07a9hd02

Abstract

This research aims to examine and reconstruct the concept of nusyūz and the phrase idribūhunna as found in Surah Al-Nisa (4:34), with particular focus on how these concepts are perceived by religious leaders in Ternate City. The purpose of the study is to offer a more humanistic and contextually relevant interpretation of nusyūz that aligns with the dynamics of modern family life. Methodologically, this study adopts a qualitative approach, combining library research with fieldwork. The library research explores classical Islamic jurisprudence (fiqh) and Qur’anic exegesis (tafsir) related to nusyūz, while the fieldwork involves interviews with community and religious leaders in Ternate City. The data were analyzed using three theoretical frameworks: fiqh al-wāqi‘ (contextual jurisprudence), the theory of ‘urf (custom), and linguistic theory (ma‘nā al-ḥaml). The findings reveal that the interpretations held by many religious leaders continue to be shaped by patriarchal norms, leading to a rigid and gender-biased understanding of nusyūz. This study contributes originality by offering a linguistic and contextual reconstruction of the term, presenting nusyūz as a concept that encompasses broader relational disharmony rather than focusing solely on female disobedience. The implications of this research support the development of a more egalitarian and compassionate Islamic legal framework, particularly in addressing family issues in contemporary Muslim societies.
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.
Co-Authors Abbas, Abdul Haris Alimuddin, Harwis Harwis, Harwis Islamul Haq Mustafa, Abdul Rahman Nainggolan, Basaria Syatar, Abdul