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Salman Al Faris
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Maqasid: Jurnal Studi Hukum Islam
Published by Universitas Muhammadiyah Surabaya
ISSN : 2252 528     EISSN : 26155622     DOI : 10.30651
Core Subject : Religion, Humanities, Science, Social,
Religion Humanities Astronomy Law, Crime, Criminology & Criminal Justice Social Sciences
Maqasid: Jurnal Studi Hukum Islam, adalah jurnal yang mempublikasikan hasil-hasil kajian dan penelitian orisinal dengan edisi terbaru dalam Studi Hukum Islam. Ruang Lingkup Jurnal Maqasid adalah (1) Hukum Islam (Islamic Law), (2) Hukum Keluarga Islam (Islamic Family Law), (3) Hukum Perkawinan Islam (Munakahat), (4) Hukum Kewarisan Islam (Mawaris), (5) Hukum Ekonomi Islam (Muamalah), (6) Ilmu Astronomi Islam (Falak), (7) Kajian Studi Hukum Islam.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 342 Documents
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Al-Takharuj Sebagai Modernisasi Pembagian Hukum Waris Di Indonesia Ichsan, Muhammad; Dewi, Erna; Harahap, Nasruddin Khalil; Halomoan Hsb, Putra
MAQASID Vol 13 No 1 (2024): Dinamika Hukum Keluarga
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Inheritance law is a law that regulates what happens to the property of the deceased, namely the transfer of the estate of the deceased person and the impact on his heirs. Indonesia has three inheritance laws: Customary Inheritance Law, Islamic Heritage Law, and Civil Inheritance Law. Each region has different laws depending on the kinship system it has. Al-Takharruj is a study or discourse that can prove that the modernization of Islamic inheritance law is a reality. The modernization of Islamic inheritance law with al-Takharruj's model could also counter accusations that Islamic inheritance is gender-biased, favoring male inheritance over female inheritance. The practice of al-takharruj in Islamic inheritance law is based on the contract of muawwadah whose conditions satisfy each other. When ownership of a particular property passes from one heir to another, then title to the estate is lost and passes to another heir with whom the estate is settled. This transfer can be done according to the personal will of the heir and does not require the heir to know in advance how many shares he is entitled to. After that, each heir decides to whom the right should be given or should be transferred in the form of a grant.
Toward Reform: Revamping Family Law in Muslim Nations Kartini, Aisyah; Sulfinadia, Hamda; Efrinaldi
MAQASID Vol 13 No 2 (2024): Hukum Keluarga Islam
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i2.22820

Abstract

This research explains in more detail about family law reform in several Muslim-majority countries such as Indonesia, Malaysia, Brunei, Turkey, Egypt, Jordan, Morocco, Syria and other countries. The purpose of this article is to provide a small overview of how reforms are taking place in the field of family law in several Muslim countries. Problems that arise in family law have three important components, namely marriage, divorce and inheritance. This discussion will reveal the results of reforms or changes that arose as a result of shifts in era and power from the colonial period to the period of independence. As technology develops and new problems arise, Muslim countries also provide regulations in several ways so as to produce compatibility between law and society. This research uses a normative research type, a literature study with a descriptive analysis research type. The method is carried out by combining several descriptions of changes or reforms that occurred in the formulation of Family Law Laws in Muslim Countries so as to obtain the desired results. Laws that are in line with current developments will be very much needed, especially in the field of family law. then returning laws that deviate from the teachings that are applied is a denial.
Lesbian, Gay, Biseksual dan Transgender (LGBT) dalam Perspektif Maqashid Syariah Maulida, Afra Hikmatul; Saputra, Gusti Rian
MAQASID Vol 13 No 2 (2024): Hukum Keluarga Islam
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i2.23094

Abstract

The phenomenon of lesbian, gay, bisexual and transgender (LGBT) still raises pros and cons among the public. The pro group of the idea takes refuge behind the principles of Human Rights (HAM). While the counter group tends to be normative and uses the basis of Islamic law in viewing LGBT issues. The two major currents of this group have never found common ground in positioning the LGBT issue. Therefore, through this research, researchers focus on maqashid sharia perspective which is considered to be the middle ground of the debate between the two groups. This research uses a normative approach and library research type. The main references in this research are various books on the theme of LGBT and maqashid sharia. The results show that according to the idea of maqashid sharia, LGBT as a lifestyle trend is not in line with the purpose of religion, namely the maintenance of offspring (hifdzul al-Nasl). This is because the impact of the LGBT culture of marrying and or having same-sex relationships cannot produce offspring naturally. In addition, the maintenance of offspring that aims to maintain the civilization of mankind is also contrary to the concept of LGBT. Keyword: LGBT, Maqashid syariah.
Tradisi Kadeso Dalam Mempertahankan Nilai-Nilai Keagamaan di Desa Branggah Perspektif Hukum Islam Sa'dia, Halimatus; Romli, Ahmad Syaifuddin
MAQASID Vol 13 No 2 (2024): Hukum Keluarga Islam
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i2.24189

Abstract

Abstract: The Kadeso tradition in Branggah Village is a cultural ritual as an expression of gratitude to God. This study analyzes the implementation of this tradition from the perspective of Islamic law. Using a qualitative approach, data was collected through observation, interviews with religious leaders, and literature review. The results show that this tradition embodies positive values, such as gratitude and social ties, in accordance with Islamic teachings. However, some elements, such as offerings, need to be re-evaluated as they may contradict the concept of tawhid. This tradition can be maintained as long as it aligns with sharia, avoiding practices that lead to shirk. In conclusion, the Kadeso tradition remains relevant if practiced with the principles of Islamic faith, preserving culture while upholding religious teachings. Keywords: Kadeso tradition, religious values, Islamic law, gratitude, tauhid.
Komunikasi “Love Language” Dalam Ketahanan Keluarga Perspektif Hukum Islam: (Studi Kasus Pasangan Suami Istri Pekerja Di Kelurahan Pohsangit Kidul) Anggraeni, Ninda Dwi; Meilinda, Fauziyah Putri
MAQASID Vol 13 No 2 (2024): Hukum Keluarga Islam
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i2.24297

Abstract

Every family must have its own way and culture in maintaining the integrity of their household. One of them is in the community of Pohsangit Kidul Village. Most of them are husband and wife who both work but have different working hours. This makes husband and wife meet minimally. Even so, their families are still warm and harmonious. This type of research is empirical research using a case study approach and interviews. The results of the study say that the behavior carried out by married couples in maintaining the integrity of the household is in accordance with what is contained in the Love Language theory. If we further analyze using a more specific Islamic Law theory, namely by using Maqashid Sharia Theory, it is in accordance with what is their daily habit.
Pandangan Ulama Nu Dan Muhammadiyah Terhadap Fenomena Pencabulan Anak Di Kota Probolinggo Dwi Winarni, Nur Fadilah; Syaifuddin Romli, Ahmad
MAQASID Vol 13 No 2 (2024): Hukum Keluarga Islam
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i2.24327

Abstract

This study examines the perspectives of Nahdlatul Ulama (NU) and Muhammadiyah scholars on the phenomenon of child molestation in Probolinggo City. Children, as the future generation, require special protection, especially from the increasing incidents of sexual violence. The study uses a qualitative approach with a case study method, where data was collected through in-depth interviews, document analysis, and observation. The findings show that both NU and Muhammadiyah scholars strongly condemn child molestation, viewing it as contrary to moral values and Islamic teachings. Both groups emphasize the importance of moral and religious education as the primary preventive measure and support strict legal enforcement against perpetrators. Although there are differences in approaches to handling cases, the perspectives of these two organizations complement each other in the prevention and management of child molestation. This study provides insights into the role of scholars in formulating policies and strategies that align with religious norms and societal values to protect children from sexual violence.
Efektivitas Batas Usia Perkawinan Terhadap Budaya Perkawinan Anak Di Kabupaten Probolinggo Perspektif Teori Efektivitas Hukum Ubaidila; Putri Meilinda , Fauziyah
MAQASID Vol 13 No 2 (2024): Hukum Keluarga Islam
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i2.24359

Abstract

This research analyzes the effectiveness of implementing marriage age limits on the culture of child marriage in Probolinggo Regency based on the perspective of legal effectiveness theory. The main aim of this research is to assess the extent to which the legal provisions in Law no. 16 of 2019 concerning increasing the minimum age limit for marriage to 19 years has succeeded in reducing the number of child marriages. This research method uses a qualitative approach, with data collection through interviews, observation and document study. The research results show that this law is not yet effective, as indicated by the high number of requests for marriage dispensation in Probolinggo Regency. Factors that influence this ineffectiveness include legal substance that still provides opportunities for dispensation, lack of public awareness of marriage age regulations, as well as cultural influences that view early marriage as an economic and social solution. This study recommends increasing legal education in the community and stricter supervision to reduce the prevalence of child marriage
Penetapan Nasab Anak, Hukum Isla Penetapan Konstitusi dan Hukum Islam Terkait Tes DNA Sebagai Dalil Keabsahan Anak Afifah, Afifah; Andar Yuni, Lilik
MAQASID Vol 13 No 2 (2024): Hukum Keluarga Islam
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i2.24368

Abstract

This research aims to find out the basis of Islamic and state law related to the use of DNA tests as an argument for the validity of a child legitimacy. And to find out the application of DNA tests in resolving cases of determination based in Indonesia. This research uses normative legal and library research using a legislative research approach as the basis for legal theory. The results show that DNA tests can be used as evidence of determining the child’s lineage to his father. The method of determining lineage in Islamic law is determined in four ways; al-firasy, al-iqrar, al-bayyinah, and al-Qiyafah. Of these four methods, DNA testing is the latest evidence that has been developed with technology used as a means of determining the suitability of a person's lineage beyond the al-Qiyafah method. In Indonesian law, DNA tests have been recognized as renewable evidence in determining the lineage of children so that cases of children born from victims of rape, underhand marriage, and unregistered marriage can claim the right to maintenance and even lineage to their father.
Konsep Fiqh al-Maālāt Dan Urgensinya Dalam Konstruksi Hukum Islam : Studi Analisis Terhadap Fatwa Majelis Ulama Indonesia Tentang Pernikahan Beda Agama Rachmadhani, Fajar
MAQASID Vol 13 No 2 (2024): Hukum Keluarga Islam
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i2.24451

Abstract

Abstract This study aims to analyze the fatwa of the Indonesian Ulema Council (MUI) regarding the phenomenon of interfaith marriage in Indonesia, which is currently a hot issue and is often discussed and even debated. The theory used to analyze the fatwa is the theory of the concept of maālāt al-af'āl, which is an approach used to predict and glance at the possible consequences that will arise from an act. This qualitative research focused on library research which is descriptive-analytical based on text studies. In this case, the researcher uses the fatwa of the Indonesian Ulema Council (MUI) on interfaith marriage as primary data. In comparison, the secondary data were from fiqh books, ushul fiqh, and maqaşid as-syarī'ah. This study uses a content analysis approach (content analysis). This method was used to draw conclusions through efforts to bring up the characteristics of the message, which was carried out objectively and systematically. The results show that the Indonesian Ulema Council (MUI) forbids interfaith marriages absolutely, both non-Muslim men marrying Muslim women or Muslim men marrying Ahl al-Kitāb women, although the majority of madzhab scholars are of the opinion that it is permissible to marry Ahl al-Kitāb women for Muslim men. This shows that the Indonesian Ulema Council (MUI) has theoretically and practically implemented the concept of maālāt al-af'āl in the process of ijtihād and the adoption of Islamic law by predicting the impact of the marriage, such as the emergence of various problems in the household such as the implementation of worship, the future of beliefs and children's education, food arrangements, and practices related to religious traditions. Keywords: Fiqh al-Maalāt, Fatwa, MUI, Interfaith Marriage.
Efektivitas Pendidikan Pernikahan Dalam Membangun Keharmonisan Rumah Tangga Ad-Da'i Ilal Haq, Moch. Abduh; Billah, Ana
MAQASID Vol 13 No 2 (2024): Hukum Keluarga Islam
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i2.24555

Abstract

This research aims to deeply understand how the family, as the smallest unit in society, strives to create a harmonious and prosperous domestic life. A qualitative approach with phenomenological methods is used to explore individual life experiences in the context of family life. The data in this study were collected through three main ways: direct observation, in-depth interviews, and document studies. Qualitative data analysis will be used to describe in depth and comprehensively the findings obtained. Based on the results of the research, it can be concluded that the implementation of pre-marital marriage guidance at KUA Kademangan has met the established operational standards. The effectiveness of this program can be seen from the smooth running of activities, the availability of facilities and infrastructure, and its contribution to the readiness of the bride-to-be. Marriage guidance programs have proven to be effective in increasing the readiness of brides-to-be, both from

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