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All Journal SINDA: Comprehensive Journal of Islamic Social Studies Jurnal Fakta: Forum Aktual Ahwal Al-Syakhsiyah
komarudin, moh
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Relevansi Hukum Poligami Antara Hukum Positif Dan Hak Asasi Manusia komarudin, moh; laili, afrohatul; anwar, saifudin
Fakta: Forum Aktual Ahwal Al-Syakhsiyah Vol 2 No 1 (2024): Vol. 2, No. 1, Februari 2024
Publisher : LPPM UNU BLITAR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/fakta.v2i1.1531

Abstract

Polygamy is a man who has more than one wife. In Indonesia, polygamy is still taboo, because community customs do not accept being married by their husbands. Even though in Islam polygamy has been regulated in such a way, so that no woman is harmed when her husband is polygamous, according to what is explained in the Al-Qur'an, Surah An Nisa' verse 3, it is explained that men can have two, three and four wives if possible. fair, if you can't then just one is enough. Polygamy in society is still controversial, because there are still pros and cons when faced with polygamy. People who are against polygamy still give polygamy a negative assessment. Even those who are against say that polygamy is an attitude of harassment by men towards women because it is seen as a place to vent their lust. In accordance with Article 4 paragraph 1 of Law no. 1 of 74, this article explains that a husband who wants more than one wife is obliged to submit a request to the PA in his area. There are various kinds of problems that occur in our society today, where these problems seem to be less seriously accepted by women, because the practices that have been carried out now are not in accordance with the demands of Shari'a, some are also influenced by jealousy, and feel wronged, so that the women's side is less accepting of this problem, among the many problems that arise in society, the author just chooses one that is appropriate to the topic, namely the problem of polygamy, this hardly finds an absolute point as to what the real law is, however, in our society, there are some people who reject polygamy and others vice versa, for various reasons put forward, whether these reasons are based on Sharia law, or because of a tendency towards lust.
Kontroversi dan Dinamika Penentuan Wali Nikah: Kajian Sosiologis dan Yuridis Alfaruq, Moh. Salman; komarudin, moh
Fakta: Forum Aktual Ahwal Al-Syakhsiyah Vol 3 No 1 (2025): Vol. 3, No. 1, Februari 2025
Publisher : LPPM UNU BLITAR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/fakta.v3i1.1732

Abstract

Marriage guardian is one of the pillars of marriage that influences the validity of the marriage. However, in practice, there is often a mismatch between the guardian who should be and the guardian who is present, which can result in legal and social problems. This study aims to identify the reasons why people refer marriage guardians to the penghulu and analyze their impact on Islamic family law. Through a juridical-sociological approach, this study uses a descriptive analytical method with data collection through interviews and observations. The results of the study show that people tend to ignore the position of the lineage guardian that has been regulated in Islamic law, turning to the penghulu as the marriage guardian. This phenomenon creates the impression that the lineage guardian is no longer considered sacred, thus affecting religious values in marriage. From a legal perspective, the determination of an inappropriate marriage guardian can have legal consequences, including the status of children from the marriage. This study recommends the need for socialization regarding the importance of understanding the position of the guardian in marriage and the urgency to return to the provisions of fiqh that have been set to maintain the validity and sanctity of marriage.
Pandangan Nurcholish Madjid Tentang Politik Hukum Islam (Kritik Fiqhisme dalam Konteks Orientalisme Modern) Laili, Afrohatul; Ulum, Wildanul; Komarudin, Moh; Azzahra, Erdi Auliya
SINDA: Comprehensive Journal of Islamic Social Studies Vol 5 No 2 (2025): Volume 5 Nomor 2 Agustus 2025
Publisher : Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/sinda.v5i2.2516

Abstract

Nurcholis Majid views Islamic law through various criticisms, one of which is criticizing the study of fiqh (fiqhism) in the context of modern orientalism. This research uses the library research method with a descriptive qualitative approach. Madjid rejects fiqhism as a codification of outdated laws from the early Hijri era which was used by Western orientalism to view Islam in a rigid legalistic way, and proposes secularization as a process of making worldly things proportional to rational politics. The results of his thinking show that reforming Islamic law into a universal ethic that is compatible with Pancasila and Indonesian democracy, against post-colonial orientalistic distortions. Madjid emphasized the relevance of secularization for current contextual ijtihad.
Co-Authors Alfaruq, Moh. Salman anwar, saifudin Azzahra, Erdi Auliya Laili, Afrohatul Ulum, Wildanul