Kurniawan, Achmad Alfan
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MEDIASI SEBAGAI SOLUSI ALTERNATIF KONFLIK KELUARGA PERSPEKTIF HUKUM ISLAM DAN HUKUM PROGRESIF Kurniawan, Achmad Alfan
al-Rasῑkh: Jurnal Hukum Islam Vol. 11 No. 2 (2022): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (970.823 KB) | DOI: 10.38073/rasikh.v11i2.825

Abstract

Mediation is a fast, cheap, and satisfying alternative in resolving disputes. In reality, however, the opposite of these hypotheses occurs. As a result, a holistic understanding of mediation is required so that in the future, mediation can exist progressively in handling, reducing, and resolving family conflicts, thereby achieving the ideals of sakinah mawaddah warahmah in the family. The purpose of this paper is to analyse mediation through the perspective of Islamic law and progressive law. The analysis’s findings, which were obtained using normative methods and an analytical-descriptive approach, demonstrate that, from the perspective of Islamic law, the current model of mediation is the result of the integration of sulh and tahkim which the process of disputing parties negotiating with the assistance of a mediator who facilitates and controls the process to reach a consensual agreement. Sulh describes the characteristics of reaching a consensual agreement, while tahkim describes the characteristics of appointing a third party as a mediator. Meanwhile, according to progressive law, mediation is a creative, innovative, productive, fair, and dynamic means of resolving family conflicts. So mediation exists and is progressive as an institution that serves humans and solves problems in order for them to be happy.
IMPLEMENTASI ISBAT NIKAH MASSAL DALAM PERSPEKTIF KOMPILASI HUKUM ISLAM Kurniawan, Achmad Alfan; Rahmadhani, Aulia
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 2 (2024): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i2.1759

Abstract

Marriage, as stipulated by laws and regulations, requires documentation by an authorized official. Nonetheless, numerous marriages remain unregistered, as observed in Lampihong District, Balangan Regency, South Kalimantan, resulting in some individuals lacking a marriage certificate to validate their union. In response to this issue, KUA officials initiated mass marriage isbat to facilitate the issuance of marriage certificates. This study aims to elucidate the mass marriage isbat in Lampihong District and its relevance to the Compilation of Islamic Law (KHI). Employing an empirical legal research methodology with a case study approach and data were collected through interviews, the findings indicate that mass marriage isbat has been conducted in Lampihong District from 2019 to 2023, involving a total of 218 participants. This initiative aligns with Articles 5, 6, and 7 of the KHI. While these articles do not explicitly outline the procedure, the implementation of mass marriage isbat is deemed permissible and valid, as there are no prohibitions against its collective execution. Participants of the mass marriage isbat reported various advantages, particularly concerning the legitimacy of population administration, the safeguarding of marital rights and responsibilities, and the fulfillment of children’s needs.
Julid Fi Sabilillah: The Netizen Jihad Movement in the Israel-Palestine Conflict Through the Maqashid Syariah System Approach Kurniawan, Achmad Alfan
al-Rasῑkh: Jurnal Hukum Islam Vol. 14 No. 1 (2025): May
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v14i1.2567

Abstract

The Israel-Palestine conflict, marked by widespread human rights violations, has prompted global responses, including digital activism through the julid fi sabilillah movement. Despite the negative connotations of julid, it is framed as contemporary jihad to counter narratives of Israeli apartheid, regardless of any contradictions with Islamic principles of justice and ethics. This study aims to assess the validity of the movement through the maqashid syariah framework. Utilizing a descriptive-analytical technique in empirical legal research, data from books, journals, and social media content were analyzed through data reduction, presentation, triangulation, and the features of the maqashid syariah system approach. Research indicates that julid fi sabilillah may be classified as a fardu kifayah if it adheres to normative standards, such as a sincere intention, evidence-based analysis, and the prevention of defamation (ghibah) and misinformation (fitnah). The movement actualizes the interrelated hierarchy of maqashid syariah by advocating for global justice and human rights (universal objective), digital literacy (specific), and moral pressure (partial). The results highlight the need to integrate internet activism with sustained collective action and the idea of amar ma’ruf nahi munkar to prevent slacktivism. This study offers an evaluative framework for Muslim communities to contextualize and ethically address digital jihad.