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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam Al-Usroh : Jurnal Hukum Keluarga Islam
Kamilia, Nur
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PERAN TNI ANGKATAN DARAT DALAM MEMBANGUN KETAHANAN KELUARGA (STUDI KASUS PERUMAHAN SOKOWATEN SOROWAJAN BARU BANGUNTAPAN BANTUL YOGYAKARTA) Kamilia, Nur
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 2 No. 01 (2024): Juni
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v2i01.379

Abstract

Every individual is no exception in the household life of TNI members, that is they can build a harmonies family if they properly understand the role of each member of the family in the midst of their busy lives as civil servants and other profession, which is not an obstacle to running away from their role. What must be done for the resilience of a family. Families or individuals who are able to survive all existing conditions have the opportunity to have strong family resilience. The research method used is qualitative-descriptive, with data collection techniques in three ways, namely observation, interviews, and documentation. The result of this paper is more or less the discovery of several important roles played by the TNI AD and his wife in building household resilience, namely: 1. Good communication between husband and wife. 2. Share roles. 3. Mutual trust. 4. Vacation together or spending time with family. 5. Good communication with extended family and with in-laws. 6. Cultivate a sense of responsibility to children, especially to boys. 7. Applying authoritarian and democratic parenting. 8. Changing the role of the husband. 9. Take the wife wherever the husband is on duty. 10. Accompany my husband wherever he changes his job. With this, it is hoped that the TNI AD family will pay more attention to their role as family members so that they can build family resilience to build national resilience.
CHILDFREE MARRIAGE (Perspektif Pemikiran Maqasid Syariah Jaser Audah) Kamilia, Nur
JURNAL HAKAM Vol 8, No 2 (2024)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v8i2.8805

Abstract

In line developments over time, in recent times the choice to refuse pregnancy in marriage (childfree marriage) has spread to all corners of the world. This phenomenon has also spread in Indonesia, and has become a hot topic since influencer Gita Safitri, through uploading her instagram story, stated that she and her husband chosen to be childfree. The effort of this research is to explain the practice of childfree through the perspective of islamic law studies, namely from the perspective Jaser Audah’s maqasid sharia theory. Jaser Audah offers something new to the concept of maqasid sharia through a syistem approach in answering various contempory problems. Meanwhile, data analysis techniques involve carring out editing and editing processes. In the data collection method, the compiler uses the document method and literatur study. The result of this research state that according to Jaser Audah, classical maqasid sharia in more dominatly individual, namely protection and preservation. This needs to be oriented into a maqasid that is more universal, also social and humanitarian in nature (human right) and freedom). From this, it shows that husband and wife the right to decide whether to choose childfree or not in their domestic life.
Penentuan Wali Nikah Bagi Anak di Luar Pernikahan Perspektif Hukum Islam dan Hukum Positif: The Determination of a Marriage Guardian for Children of Marriage from the Perspective of Islamic Law and Positive Law Herlinda; Rofiq, Ainur; Kamilia, Nur
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 6 No. 2 (2025): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v6i2.2234

Abstract

The determination of a marriage guardian is one of the requirements for a valid marriage in Islamic law, especially for women. In the case of children born out of wedlock, problems arise because there is no blood relationship with the biological father, so he cannot be the guardian. This study aims to analyse the urgency of determining the marriage guardian in Islamic marriage law, as well as to examine the appointment of a marriage guardian for children born out of wedlock according to the perspective of Islamic law and Indonesian positive law. The method used is library research, analysing fiqh literature, the Compilation of Islamic Law (KHI), and the Constitutional Court Decision No. 46/PUU-VIII/2010. The results of the study show that the majority of scholars state that the biological father is not valid as a guardian, so the authority of the guardian is transferred to the judicial guardian. In practice, this is accommodated by Indonesian positive law through the authority of the Head of the Religious Affairs Office (KUA). Although legal solutions are available, social challenges such as stigma and discrimination against children born out of wedlock remain obstacles. This research contributes to strengthening the legal basis for the appointment of a judicial guardian and promotes an approach that considers justice, child rights protection, and the principles of maqāṣid al-Syarī‘ah in the reform of Islamic family law.
Co-Authors Ainur Rofiq Herlinda