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All Journal USRATUNA: Jurnal Hukum Keluarga Islam JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah
Misbachul Fitri, Abdul Basit
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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SEIMBANG DAN SYARAT-SYARAT PEMINANGAN PERSPEKTIF FUQOHA’ Misbachul Fitri, Abdul Basit
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2022): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

Before carrying out an arranged marriage, it is continued according to syar'i, so as parents and interested parties it is highly recommended to find a balanced/equivalent family mate, in Islam it is called Kafa'ah or kufu'. The Ulama' agree that, kafa'ah in religious matters is a must to implement. However, kafa'ah from non-religious aspects such as heredity, wealth, occupation and others, is only a material consideration which does not result in a marriage having to be terminated. Research uses library research as a method in extracting data. namely a research by focusing on the source of the data obtained from the literature. Books and writings that are in accordance with the subject matter being researched, regarding the balance and requirements for proposing a Fuqoha' perspective. Proposals in the science of fiqh are called khitbah, meaning requests. Meanwhile, according to the term, it means a statement or request from a man to a woman to become his wife in the ways that apply in society. In proposing there are two conditions, there are mustahsinah conditions and customary conditions according to Fuqoha' which must be known and complied with by the groom and his family so that the proposal is perfect and does not experience legal defects.
POLIGAMI DALAM PERSPEKTIF SYADZ AD-DZARI’AH Misbachul Fitri, Abdul Basit
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 4 No. 1 (2020): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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In this study we try to describe polygamy in the perspective of Syadz adz-Dzari'ah, namely prevention, because it is feared that there will be conflicts within the family, between wives and husbands, between other wives, and between children. This research is a comparative literature study, the study material comes from literature sources. The technique of collecting data is by means of observation data collection (organizing data). Second, through library research. namely seeing, observing, seeking. The approach uses qualitative. The data were then collected and analysis techniques were carried out. The results of the data analysis were written in descriptive form. Data analysis used the content analysis stage, comparative analysis (content analysis and differentiating analysis). analyzing polygamy in the perspective of Syad ad-Dzari'ah. Polygamy when it causes ongoing conflicts and is unable to provide legal solutions, it is better to avoid it because when conflicts and disputes occur, the household will not be realized as sakinah mawaddah wa rahmah and barakah families. Even though marriage aims to find happiness, tranquility, blessings and all one's actions after marriage have the value of worship.
HAK DAN KEWAJIBAN SUAMI ISTERI DALAM ISLAM DAN HUKUM PERKAWINAN DI INDONESIA Misbachul Fitri, Abdul Basit
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 3 No. 1 (2019): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

Islamic law and marriage law are at the same level as rules and laws that must be obeyed by adherents of religion and contain benefits for the ummah. Marriage is a religious order that has the value of worship that produces rewards, when religious orders are carried out it will produce happiness and benefit for the worshipers. The existence of rights and obligations of husband and wife in Islam and marriage law in Indonesia is none other than to foster awareness of husband and wife in realizing a happy family of sakinah mawaddah warahmah, of course when these rights and obligations are not implemented, it will cause family problems that burden both (husband). and wife) and hampered his success in achieving family expectations. Islam provides rules as well as teachings about procedures for a harmonious family. Likewise, the State binds with responsibility in the form of a marriage law that must be enforced for Indonesian Muslim citizens.
KAIDAH-KAIDAH WALI DALAM PERNIKAHAN: Analisa Perpindahan Hak Wali Dalam Pernikahan Misbachul Fitri, Abdul Basit; Miftahuddin , Abdul Hafidz
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2023): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

According to Imam Malik and Imam Shafi'i, the wali nikah (guardian of marriage) is one of the pillars of marriage. According to Abu Hanifah, the wali who must be present in the marriage contract as mentioned in the hadith above is only required if the bride is not yet baligh (mature) or not of sound mind. A woman who has reached maturity and is of sound mind is allowed to marry a man she likes without a wali, provided that he is sekufu (compatible). Imam Malik, according to the Asyhab tradition, believes that marriage without a wali is valid. The order of guardians in marriage is first the wali mujbir, second the wali hakim, and third the wali muhakkam. In essence, a woman should be married by her father who acts as her guardian, but sometimes a father refuses to act as a guardian for his child. Although there are different levels of guardianship, if the transfer is due to the guardian's reluctance to marry his child under his guardianship, then the level of guardianship is no longer valid so that the transfer of the right to marry goes directly to the wali hakim.      
POLIGAMI DALAM PERSPEKTIF ISLAM Misbachul Fitri, Abdul Basit; Nadhiroh, Lailatul
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2024): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65356/usratuna.v7i2.595

Abstract

The practice of polygamy has existed since before Islam came, and a husband could even marry up to a dozen women. This fact proves that the practice of polygamy continues to be maintained today with various justifications, social, economic and religious. In fact, polygamy has become part of a man’s lifestyle, which is why this practice has become entrenched in certain environments. If you look at polygamy in the Qur’an, there are three things that can be drawn, namely, giving men the opportunity to practice polygamy. Second, a warning to the husband to be able to act fairly. Third, there is the inability of men to behave fairly towards their wives even though they try hard. From these three points it can be concluded that one verse allows polygamy, while the other two verses seem to deny the realization of fair conditions.
KAFA’AH PERSPEKTIF HUKUM ISLAM DAN HUKUM ADAT JAWA SEBAGAI PERTIMBANGAN KHIYAR DALAM PERNIKAHAN Misbachul Fitri, Abdul Basit; Fitrotin Jamilah; Najma Salsabila Sukma
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 2 (2025): Mei 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Kafa’ah in linguistic terms is al musawah and al-mumathalah wich means blanc and equel blance, while in trems it is equality between husband and wife in perfection. Kafa’ah having a mean to reduce of domestic conflic between husband and wife, an also keep a encouyage the creation of happines, shaykh Abu Abdillah Alalaussy in the book ibanat al ahkam provides  an understanding that kafa’ah is a matter of religion, because marriage is a religious order and is wort worship. With religion, a person is expected to be able to carry out the teachings of his religion well, meanwhile, other kafa’ah factor,namely ineage, wealt, employment, independence status are supporting measures. It was also emphasized that apart from religion, the concept of kafa’ah is also recognized in the traditional of several etnic grups in indonesia, such as the batak, minang, dayak, and javanes. This concep involves several factors, wich, in general are actually similar to the factor in the concept of kafa’ah mentioned above, such as religion, leneage, and social status, these are considered benchmarks in determaining kafa’ah, thetefore, on this occasion, we will discuss the basic concepts  underlying kafa’ah, with a different  perspective, namely from the religious and javanes customary view puoints.
Perspektif Maslahah Mursalah Terhadap Surat Pernyataan Suami Tidak Merujuk Bekas Isteri Di Masa Iddah: (Studi Kasus di KUA Kecamatan Ploso Kabupaten Jombang) Misbachul Fitri, Abdul Basit; Sajidin, Muhammad Yulis
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 1 (2024): Nopember 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Maslahah is everything that is beneficial for humans and rejects harm or damage. The misconduct here involves the prospective groom conducting a covert marriage that could harm the former wife. The researcher attempts to explain the policy argument of the Religious Affairs Office (KUA) of Ploso District regarding the statement letter of not reconciling with the ex-wife during the iddah period and the maslahah review of the husband's statement letter of not reconciling with the ex-wife during the iddah period. The type of research is field research. (penelitian Lapangan). The data used are cases in society. Data collection technique through interviews based on primary data, namely brides-to-be, their families, PPN, and PPN assistants at the KUA Ploso sub-district, Jombang district, supported by secondary data from books related to this research. The approach in this research uses a normative approach analyzed through descriptive analysis. The research results explain that the argumentation of the KUA (Office of Religious Affairs) in Ploso District, Jombang Regency, in issuing a policy letter to prohibit remarrying an ex-wife during the iddah period is a form of caution in conducting marriages to prevent any misconduct or legal violations by the male groom who is a widower. Review of maslahah mursalah regarding the policy letter to not reconcile with the ex-wife while still in the iddah period to prevent or avoid, such as rejecting harm or damage.
Co-Authors Fitrotin Jamilah Miftahuddin , Abdul Hafidz Nadhiroh, Lailatul Najma Salsabila Sukma Sajidin, Muhammad Yulis