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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Akhlak: Jurnal Pendidikan Agama Islam Dan Filsafat Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah
Andi Silva Quadsajul
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Definisi dan Keterkaitan Mantuq dan Mafhum, Dzahir dan Mu’awwal, Nasakh, Muradif dan Musytarak Andi Silva Quadsajul; Ahmad Faidillah; Muhammad Naufal Ma’rifat; Kurniati Kurniati
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): September : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i3.1491

Abstract

The study of ushul fiqh is very closely related to the Koran and Sunnah. Both of them are the core sources of Islamic sharia law which are used as proof which are processed by ushuliyah rules in determining sharia laws. This research aims to explain the essence of Ushuliyyah rules, especially regarding Mantuq and Mafhum, Dzahir and Mu'awwal, Nasakh, Muradif and Musytarak. This research is library research with the subject and object coming from library materials in the form of ushul al-fiqih books and fiqh journals. The results of this research came to the conclusion that the fuqaha used various methods to understand the texts in the Al-Quran and hadith. One way is to use ushuliyah rules such as mantuq and mafhum, dzahir and mu'awwal, nasakh, muradif and musytarak.
Nusyuz Suami dalam Hukum Islam : Analisis Dampak terhadap Kehidupan Keluarga Andi Silva Quadsajul; Rihan Dwi Putri; Nur Ramadhani; Kurniati Kurniati
Akhlak : Jurnal Pendidikan Agama Islam dan Filsafat Vol. 2 No. 2 (2025): Akhlak : Jurnal Pendidikan Agama Islam dan Filsafat
Publisher : Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/akhlak.v2i2.637

Abstract

Nusyūz is usually defined as the wife's disobedience to her husband or vice versa. A wife can be considered nusyūz if she does not carry out her obligations or does not fulfill the rights that should be obtained by the husband and vice versa. The purpose of the study is to explore and analyze the impact of nusyūz committed by the husband on the harmony of household relations and on the family relationship of the married couple. The research method used is a library research method using a quantitative approach. The results show that husband's nusyuz, which is often overlooked in the context of Islamic law, has a significant impact on the relationship between the husband and wife's family. Nusyuz does not only refer to the wife's defiance, but also includes the husband's behavior that does not fulfill his obligations in the household, such as providing proper maintenance, protection, and education for his wife and children. From the analysis conducted, it was found that the husband's nusyuz behavior can cause dissatisfaction in the marriage relationship, leading to conflict between the two families. This injustice is often exacerbated by a patriarchal culture that considers that only wives can be considered nusyuz, thus ignoring the responsibilities of husbands. The psychological impact of the husband's nusyuz is also very detrimental, where the wife and children can be traumatized, both emotionally and physically. This research emphasizes the importance of understanding rights and obligations in Islam, the application of religious teachings, and open communication between spouses to prevent and overcome the problem of nusyuz.
Reformasi Hukum Keluarga Islam Berbasis Maqasid Al-Syari’ah : Upaya Perlindungan terhadap Anak di Bawah Umur Andi Silva Quadsajul; Aura Lika Cahyani Andi Sufarid; Andi Maharani Erwin; Kuniati Kuniati
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 4 (2025): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i4.5765

Abstract

This research is motivated by the phenomenon of marriage of minors (al-Zawaj al-Mubakkir) which socially causes various negative impacts (mafsadah) such as reproductive health disorders, school dropout, and psychological immaturity, although in classical Fiqh discourse this practice is found to be justified and allowed by some scholars. Faced with the contradiction between flexible classical provisions and adverse contemporary realities, this study aims to analyze the urgency of reforming Islamic Family Law, especially regarding the age limit of marriage, based on Maqasid al-Sharia. The methodology used is a normative-contextual analysis by applying the maqāṣid framework, especially the principles of life protection (hifz al-nafs), reason (hifz al-'aql), and heredity (hifz al-nasl) to evaluate the provisions of the law. The results of the study showed that the Maqāṣid al-Shari'ah supported a shift in the standard of maturity for marriage from merely a biological sign (baligh) to psychic maturity and the ability to bear responsibility (Rushd). This reform, which is in line with law No. 16 of 2019, serves as a strategic instrument to guarantee the protection of children and encourage the transformation of family law into a more substantial-humanistic one.
Eksistensi Hukum Islam dalam Sistem Hukum Nasional: (Kedudukan, Peran Lembaga Negara, dan Dinamika Pengembangannya) Andi Silva Quadsajul; Riska Amalia Ramadani; Andi Maharani Erwin; Kurniati Kurniati
Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah Vol. 3 No. 2 (2026): Juni: Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah
Publisher : Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/hidayah.v3i2.2348

Abstract

The existence of Islamic law within the Indonesian legal system continuously transforms alongside the dynamics of legal politics and contemporary societal needs. Although constitutionally not a theocratic state, Indonesia with its Muslim-majority population persistently integrates Sharia values into its regulations and judicial system. Utilizing statutory, conceptual, and historical approaches, this normative juridical research aims to analyze the position of Islamic law, the contribution of state institutions to its legislation and enforcement, as well as the dynamics of its development through policies and judicial decisions. The study finds that Islamic law holds a strategic position as a pillar in the formulation of national law. Legislative and law enforcement institutions, such as the House of Representatives (DPR), the President, the Supreme Court (MA), the Constitutional Court (MK), and the Religious Courts, play a crucial role in aligning Islamic law with constitutional principles. This dynamic is evidenced by the emergence of various regulations and court rulings that blend the essence of Sharia with human rights and the principles of a democratic state ruled by law. Therefore, synergy and harmonization between Islamic law and national law must be continuously strengthened to foster a just and adaptive legal system.
Co-Authors Ahmad Faidillah Andi Maharani Erwin Aura Lika Cahyani Andi Sufarid Kuniati Kuniati Kurniati Kurniati Muhammad Naufal Ma’rifat Nur Ramadhani Rihan Dwi Putri Riska Amalia Ramadani