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Metodologi dan Corak Penafsiran Ibnu Katsir terhadap Ayat-Ayat Munakahat dalam Tafsir al-Qur’an al-Azhim Lenny Guspidawati; Akmal Abdul Munir; Suja'i Sarifandi
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 3 No 6 (2025): 2025
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v4i1.2995

Abstract

Kajian terhadap penafsiran ayat-ayat munakahat dalam Tafsir al-Qur’an al-Azhim karya Ibnu Katsir memiliki signifikansi ilmiah karena berpengaruh kuat dalam pembentukan pemahaman hukum keluarga Islam dalam tradisi klasik maupun kontemporer. Penelitian ini bertujuan untuk menganalisis metodologi dan corak penafsiran Ibnu Katsir sekaligus menelusuri bagaimana pendekatan tersebut membentuk pola istinbath hukum terkait pernikahan. Penelitian ini menggunakan metode kualitatif dengan jenis studi kepustakaan melalui pendekatan tafsir dan analisis isi terhadap teks primer serta didukung literatur sekunder relevan. Hasil penelitian menunjukkan bahwa Ibnu Katsir menerapkan metode tahlili yang runtut, disertai perhatian mendalam terhadap aspek kebahasaan, munasabah ayat, dan asbāb al-nuzūl, serta didominasi corak tafsir bi al-ma’tsur yang berlandaskan al-Qur’an, hadis sahih, dan riwayat sahabat serta tabi’in. Penafsiran terhadap ayat-ayat munakahat menunjukkan konsistensi penggunaan dalil, ketelitian dalam seleksi riwayat, dan kekuatan argumentasi hukum. Temuan ini menegaskan bahwa metodologi Ibnu Katsir memberikan kontribusi penting dalam pengembangan kajian hukum keluarga Islam dan tetap relevan untuk menjawab isu-isu kontemporer
MARRIAGE LAW IN INDONESIA (A Study of Law Number 1 of 1974 concerning Marriage, a Compilation of Islamic Law, and a Gender-Based Research Review) Lenny Guspidawati; Sofia; Nur Nasrina; Suja'i Sarifandi
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol. 11 No. 2 (2026): Mei
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

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Abstract

This study examines the construction of marriage law in Indonesia through a comparative analysis of Law Number 1 of 1974 and the Compilation of Islamic Law (KHI). The main focus of the research is to evaluate the relevance of these legal products to the principles of gender equality and justice. Using a literature review method and critical analysis of various previous research, this study found tensions between positive legal norms, classical fiqh doctrine, and the dynamics of women's human rights in Indonesia. The results of the study indicate that although reforms have been carried out, several articles still retain gender bias that has the potential to discriminate against women's rights. Therefore, a reorientation of family law that is more inclusive and gender-responsive is needed. Marriage Law in Indonesia as regulated in Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI) aims to create a harmonious family, but still contains patriarchal nuances that place the husband as the head of the family and the wife as the housewife, thus triggering the need for a reinterpretation or reformulation of the law that is more gender-oriented and equal. This is considering that: (1) Law Number 1 of 1974 concerning Marriage adheres to the principle of open monogamy and requires marriage registration for formal legality, (2) there is still gender inequality in the articles that regulate the roles of husband and wife (Article 31 of Law Number 1 of 1974 concerning Marriage), which often limits the wife's public space, (3) gender-perspective research encourages the reconstruction of marriage law to be more egalitarian, non-discriminatory, and in accordance with modernity and equal rights between husband and wife, and (4) Law Number 1 of 1974 concerning Marriage does not accommodate interfaith marriages, affirming the validity of marriage according to the laws of each religion.
RECONSTRUCTION OF MARRIAGE AGREEMENTS IN INDONESIA Lenny Guspidawati; Jumni Nelli; Raahman Alwi; Suja'i Sarifandi
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol. 11 No. 2 (2026): Mei
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

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Abstract

The implementation of prenuptial agreements in Indonesia remains a frequent source of debate, particularly regarding the time limit for drafting them, the validity of the separation of assets, and third-party protection, which are not fully aligned with societal dynamics. This study aims to analyze the legal status and reconstruct or review the regulations on prenuptial agreements. The goal is to make the regulations more responsive to justice and protect the rights of all parties. The reconstruction of marriage agreements in Indonesia refers to the process of refining or reinterpreting legal provisions related to premarital agreements or postnuptial agreements, with the aim of enhancing the protection of individual rights, particularly for women, and avoiding potential conflicts within the family. This is based on Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law (KHI), and Constitutional Court Decision Number 69/PUU-XIII/2015, which reformed the boundaries of agreements to be more inclusive and proportional. This reconstruction emphasizes the principles of legal certainty, gender equality, and adaptation to modern social dynamics, including the impact of globalization and changing cultural values. The reconstruction of marriage agreements following Constitutional Court Decision Number 69/PUU-XIII/2015 confirms that separation of assets agreements can be made both before and during marriage without requiring court approval. This legal instrument serves to protect inherited assets and facilitate mixed marriages, with the mandatory requirement that they be drawn up through a notarial deed to ensure legal certainty and third-party protection. It is recommended that implementing regulations be revised, registration procedures be improved, and notaries play a more vigilant role in ensuring good faith and asset details.
SHARIA-BASED RESOLUTION OF JOINT PROPERTY DISPUTES IN THE FAMILY Lenny Guspidawati; Erman Gani; Alpin Syahrin; Suja'i Sarifandi
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol. 11 No. 2 (2026): Mei
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

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Abstract

This study examines the mechanisms for resolving joint property disputes (gono-gini) after divorce within the family, focusing the analysis on the values ​​and principles of Islamic law (sharia). This research is motivated by the high complexity and emotional conflict in the division of joint property, which often results in losses for one party. Furthermore, this study also analyzes the compatibility between Religious Court/family mediation decisions and Islamic jurisprudence principles regarding justice, welfare, and equality of rights. The results indicate that joint property is the wealth generated and accumulated by a husband and wife during their marriage, known in Indonesian Islamic family law as joint property. This includes gifts of money, a motorcycle, or other items to a husband and wife, or property purchased by the husband and wife using their own money, or savings from the husband's and wife's salaries combined. These can all be categorized as joint property. This joint property can be tangible or intangible; tangible assets can be movable or immovable, such as securities; while intangible assets can be rights and obligations. This joint property cannot be managed or distributed without the consent of both parties. Joint property is only discussed upon divorce. While neither the Qur'an nor the Sunnah explicitly regulates this issue, the Islamic jurisprudence books from various schools of thought (mazhab) do not discuss or address it. However, within Islamic law, the issue of joint property can be viewed through the concepts of Syirkah and Mashlahah al-Mursalah. In the review of positive Indonesian law, the provisions relating to joint property are the result of collective ijtihad of Indonesian jurists and scholars in the form of making a breakthrough in the vacuum of Islamic law in dealing with joint property issues, which in its determination refers to: (1) Law Number 1 of 1974 On Marriage, (2) Indonesian Civil Code, (3) Compilation of Islamic Law (KHI). In Law Number 1 of 1974 concerning Marriage, articles 35, 36, 37, it is explained that if a divorce occurs and there is a dispute regarding joint property, it will be resolved according to Islamic law for married couples who are Muslim and for married couples who are non Muslim, the settlement will be according to the Indonesian Civil Code.