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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Akhlak: Jurnal Pendidikan Agama Islam Dan Filsafat Jurnal Hukum, Administrasi Publik dan Negara
Rihan Dwi Putri
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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.
Ta’arudhal-Adillah: Metode Memahami Dalil dalam Penyelesaian Persoalan Hukum Muhammad Mulyadi; Raisya Aurora A; Rihan Dwi Putri; Kurniati Kurniati
Akhlak : Jurnal Pendidikan Agama Islam dan Filsafat Vol. 1 No. 4 (2024): Oktober: 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.v1i4.97

Abstract

This research aims to delve into the method of ta’arudhal-adillah in understanding legal evidence for resolving legal issues within the context of Islamic law. A qualitative approach is employed using library research, facilitating an in-depth analysis of relevant Islamic legal literature. The primary findings indicate that the principles of al-jam'u wa al-taufiq, which combine various evidences to reach holistic conclusions, and the concept of nasakh, which addresses the abrogation or alteration of laws based on newer evidences, are pivotal in understanding the interaction and hierarchy of legal evidences. This study provides profound insights into how legal evidences influence each other and are applied in contemporary Islamic legal practice, highlighting their relevance in meeting the legal needs of modern societies.
Eksistensi Perda Syariah sebagai Manifestasi Hukum Islam dalam Sistem Hukum Nasional Rihan Dwi Putri; A. Adillah Zahiyah Djaka; Kurniati Kurniati
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.v4i4.5767

Abstract

This study examines the existence of Sharia-inspired Regional Regulations (Perda Syariah) as a manifestation of Islamic law within Indonesia’s national legal system. The emergence of these regulations has increased significantly since the reform era and the implementation of regional autonomy, which granted local governments broader authority to formulate regulations based on local needs and sociocultural values. This research employs a normative-juridical approach combined with descriptive, critical, and transformative analyses to evaluate the legality, legitimacy, and relevance of Perda Syariah within the framework of the Pancasila rule of law. The findings indicate that Perda Syariah is rooted in strong historical and sociological foundations, yet poses normative concerns, including potential discrimination, regulatory disharmony, and the risk of religious politicization at the local level. This study proposes a transformative framework that enables Perda Syariah to reflect religious moral values while remaining aligned with constitutional principles, non-discrimination, and respect for pluralism. Such reform is essential to ensure that Perda Syariah contributes constructively to Indonesia’s legal development without generating social tension or normative conflict.
Konsep Perang dan Damai dalam Hukum Tata Negara Islam Perspektif Hukum Internasional dan HAM Nadirah Aprilia Kayyirah Aprilila; Rihan Dwi Putri; Adelia Nur Insani; Kurniati Kurniati
Jurnal Hukum, Administrasi Publik dan Negara Vol. 3 No. 4 (2026): Juli : Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v3i4.1151

Abstract

Islam, as a religion with a mission to provide mercy to all of nature, places welfare, justice and human protection as the main goals of sharia. Therefore, the concepts of war and peace should not be viewed only as tools of violence, but as part of siyāsah fiqh which is tied to maqāṣid al‑sharī‘ah. In Islamic constitutional law, jihad and war policies are within the authority of state leaders who are responsible for the stability and welfare of the people. However, in the context of modern Islamic countries, tensions arise between the claim of the primacy of sharia and the state's obligations to international law, especially international humanitarian law and human rights (HAM). This research discusses the issue of the law of war and peace in the context of Islamic constitutional law with the perspective of international law and human rights, and offers a reconstruction of the concept of the law of war and peace which emphasizes the principles of protection of civilians, justice, non-discrimination and compliance with war crimes within the framework of the ICC and the Rome Statute. From this analysis, it is concluded that the reconstruction of the concept of the law of war and peace in Islamic constitutional law does not conflict with Islamic teachings, but rather strengthens the integrity of sharia as a source of mercy and justice which is in line with human rights standards and international humanitarian law.
Co-Authors A. Adillah Zahiyah Djaka Adelia Nur Insani Andi Silva Quadsajul Kurniati Kurniati Muhammad Mulyadi Nadirah Aprilia Kayyirah Aprilila Nur Ramadhani Raisya Aurora A