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As-Syar'i : Jurnal Bimbingan & Konseling Keluarga
Published by Institut Agama Islam Nasional Laa Roiba Bogor
ISSN : 26564807     EISSN : 26568152     DOI : https://doi.org/10.47467/as
Core Subject : Religion, Education, Social,
Religion Education Social Sciences Other
Jurnal AS-SYAR’I pertama kali terbit April 2019 untuk mendukung pengembangan riset dan kajian manajemen, hukum, bimbingan, dan konseling keluarga Islam dalam arti luas ditinjau dari berbagai sudut pandang. Oleh karena itu. jurnal ini akan menampilkan artikel-artikel hasil riset dan kajian teoritis, empiris maupun parktis yang berkaitan dengan hukum, bimbingan dan konseling keluarga Islam.
Arjuna Subject : Ilmu Sosial - Pendidikan
Articles 425 Documents
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Konsep Kafa’ah Dalam Hukum Islam \dan Urgensinya terhadap Keutuhan Rumah Tangga Sakinah Menurut Pandangan Wahbah Az-Zuhaili Sahrun Anas; Sutisna sutisna; Hambari Hambari
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.3373

Abstract

Kafaah in marriage is one of the factors that encourage the creation of happiness and more guarantees women's safety from husband and wife failure and more guarantees women's safety from failure or household turmoil. Based on the research results, first Jumhur ulama' explained that the concept of kafa'ah is not evaluated in terms of religion alone, but in Islamic Law, kafa'ah is measured from religious matters. The Compilation of Islamic Law (KHI) in determining the kafa'ah of marriage is more judgmental in terms of religion. Prevention of marriage can be done in certain matters that are discussed through KHI Article 60 Paragraph, second, that is prevention of marriage can be done if the prospective husband or prospective wife does not meet the requirements of marriage according to the law and Islamic law, because one of the content of the conditions of marriage is both couples are said to be valid when done in accordance with the laws of their respective religions. Third, the concept of kafa'ah of Wahbah Az-Zuhaili's view is in line with Imam Malik's opinion, which considers equality only in religion and conditions. The meaning of this condition is to be safe from the shame that makes a woman choose a candidate when she wants to get married. Wahbah Az-Zuhaili analyzed it in accordance with daily life in the community, 3) things that can affect the occurrence of harmony in the household, namely between husband and wife having compatibility. Harmony and happiness in a household is determined by the harmony of the couple. Keywords: Kafa'ah, Islamic Law, Urgency, Household Integrity, Wahbah Az-Zuhaili
Tinjauan Yuridis Pelepasan Terdakwa dari Segala Tuntutan Hukum Dalam Kasus Tindak Pidana Penipuan Menurut Perspedktif Hukum Positif  dan Hukum Islam: Nahda Hasibuan; Budi Sastra Panjaitan; Annisa Sativa
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v5i3.3403

Abstract

Fraud is someone's act of deception, a series of lies, false names and false circumstances with the intention of benefiting oneself without rights, a series of lies is an arrangement of false sentences arranged in such a way that is a story of something that seems to be true. The problem raised in this study is a case of criminal fraud which was processed before the court and then decided regardless of all lawsuits by the panel of judges. Based on this, the author raises issues related to how the provisions and basic considerations of the Medan District Court judge Number 1772/Pid.B/2021/PN.Mdn released the defendant from all lawsuits in the criminal case of fraud and the views of Islamic criminal law on criminal acts fraud crime. In this study the authors used normative legal research methods. The purpose of this study was to find out the provisions of positive law and Islamic criminal law against criminal acts of fraud, and the basis for the judges' considerations at the Medan District Court in case Number 1772/Pid.B/2021/PN.Mdn to release the defendant from all lawsuits in the criminal case fraud. In this case it can be concluded that the crime of fraud in positive criminal law and Islamic criminal law is an act that is forbidden to do (haram), the punishment for the crime of fraud is in the Criminal Code Article 378; Sanctions according to Islamic Criminal Law for criminal acts of fraud are subject to Ta'zir sanctions, and the basis for the judge's considerations in imposing an acquittal decision in this case is because it does not fulfill the elements of a criminal act of fraud. Keywords: Fraud; Islamic criminal law; Medan district court decision number 1772/Pid.B/2021/PN.Mdn.
Penolakan Umat terhadap Risalah Kenabian dan Relevansinya dengan Penolakan Reformasi Hukum Keluarga di  Mesir Muhammad Hadyan Wicaksana; Ahmad Rezy Meidina
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.3415

Abstract

This paper discusses the prophetic treatises carried out by the people in relation to changes in family law reform in Egypt. The culture that has been passed down from generation to generation since the time of the ancestors will take root in the heart, so that the embedded doctrine is difficult to remove, so it takes a harder effort to accept the changing times. This research includes a literature study (Library Research), which is descriptive-analytical, using a historical-sociological approach. The rejection that occurs in the prophetic treatise is the same as the legal changes made by the Egyptian government, the similarities between the two are that they do not want to accept changes that occur in society, still hold on to the old culture adopted by their ancestors and still hold onto the animation culture. The basic reason for not accepting the change is because of the lack of understanding of what it will bring and the absence of an open mind (open thinking) by accepting input which is then discussed. Keywords: Prophetic Tracts, Reform of Family Law, Egypt
Pembagian Harta Waris terhadap Anak Angkat Perspektif Maqāşid Syarī’ah Nabilah Falah Falah; Ahmad Rezy Meidina
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.3416

Abstract

Adopted children cannot return the assets of their adoptive parents and only have rights through a mandatory will, the amount of which cannot be more than 1/3 of the assets left by their adoptive parents as stated in Article 209 paragraph (2) KHI. The fact that happened in the Bobosan sub-district there were 3 (three) cases of inheritance distribution for adopted children who received the entire adoptive parent's inheritance. This paper attempts to explain the distribution of the inheritance of adopted children that occurred in the Bobosan sub-district, Banyumas Regency from the perspective of Maqāşid Syarī'ah. This type of research is field research using an empirical juridical approach. The data source used is from primary data sources in the field by conducting in-depth interviews with the informants studied. The method used in qualitative analysis, namely describing, interpreting and hiding research data. Based on the results of the study, it can be interpreted that the division of inheritance that occurs is the need for Ḍaruriyat adopted children who live dependently living in their parents' house and continue the business of their adoptive parents. So that the family and the surrounding community consider the adopted child to be the full successor of the assets and efforts of the adoptive parents in order to prioritize the benefit of the adopted child. Keywords: Inheritance, Adopted Children
Gambaran Trauma yang Dialami Anak Korban Perceraian M. Harwansyah Putra Sinaga; Miftahul Hasana Putri; Rohimatun Fadilah Munte; Fitri Hariani Hasibuan
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.3420

Abstract

This study aims to determine the types of trauma experienced by adolescents due to parental divorce and what children of divorce victims do to overcome the trauma of parental divorce. This research uses a qualitative descriptive approach with a case study type of research. Data collection was carried out by interviews and questionnaires. The data analysis technique used is the Miles and Huberman analysis model, namely data reduction, data presentation, and drawing conclusions. The results of this study explain that the impact of divorce on children depends on parents' understanding of children's feelings and the parenting style provided. However, parental divorce greatly impacts the psychology of children who will experience trauma from parental divorce, such as children who will feel lonely over parental separation, fear of building a household relationship, and hatred that comes to one of the parties that causes divorce. In dealing with the trauma experienced by children who are victims of divorce, namely by telling the problems they face to people they trust, and telling the problems, children will feel cared for and feel loved, then by motivating themselves by doing activities that help to overcome the trauma they are experiencing. Because by doing fun activities, you will forget about the problems you are facing and will accept your own situation. Keywords: Types of Trauma, Overcoming Trauma, Divorce, Trauma
Regulasi Poligami Dalam Pendekatan Maqashid As-Syari’ah Ach Syaifur Rizal; Samsul Arifin; Ahmad Rezy Meidina
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.3426

Abstract

Ach Syaifur Rizal, Fakultas Syariah dan Hukum Universitas Islam Negeri Sunan Kalijaga syaifurrizal926@gmail.com , ABSTRACT Islamic Islamic law aims to organize human life better so that every law that is prescribed must have a purpose. Therefore, the existence of marriage law must have a purpose. From several meanings of marriage, marriage has a very noble purpose, namely to form a sakinah mawaddah warahmah family. However, this noble purpose of marriage is widely misunderstood for those who want to practice polygamy. Polygamy is interpreted only as a biological distribution of sex, meaning that it only fulfills sexual needs. Whereas the purpose of polygamy is to maintain and elevate the status of a woman by looking at the large number of women who are not comparable to men. From some people who abuse polygamy, whether they understand the concept of polygamy or not, we are still trying to give them an understanding of the good concept of polygamy so that women are not used as a layer for their desires to channel their biology. We are here to focus on how the concept of polygamy according to classical and contemporary ulama', where the results of their thoughts are implied in the form of a law known as the marriage law in Indonesia. And to increase the data, we use quantitative data here by comparing the thoughts between classical scholars and contemporary scholars about the concept of polygamy. in the concept of polygamy which delivers to families who are sakinah mawaddah warhamah. Keywords : Marriage, Polygamy and Maqashid As-Shari'ah
Membangun Kesetaraan Gender Dalam Keluarga Karier Ammar Asyqarul Azzam; Ahmad Rezy Meidina
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.3485

Abstract

This writing seeks to explain how the role of the couple in building gender-based partnerships in the household. This writing uses a socio-cultural approach. Where, gender equality is not limited to the differences between men and women. However, how can the two of them build an equal relationship without marginalizing one another, especially women. In the area of ​​families who have careers or workers, the realization of gender equality can be achieved in various ways, especially the compromise of both partners to achieve their goals or aspirations together in the household. In fact, for now the working spouse has been able to start building a partnership with a good partner to realize the welfare of his family. This can be achieved by understanding each function and then making it happen by building good communication with your partner. Keywords: gender equality, family, career
Materi Muatan Peraturan Perundang-Undangan UU 1945 Mimi Atika Rahma; Ahmad Fauzy; Dini Febrianti Br Sinaga; Krisman Adam Simamora
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.3855

Abstract

The period between 2004 and 2009 saw a lot of work from the office in charge of making laws (the Position Establishment Act) which produced a number of non-partisan laws for the general public. Therefore, it is detrimental to the community because it is not in line with what is generally agreed upon by the community, as stated in the Basic Regulations (1945 Constitution), which are the source and basis for the formulation of the law in question. As a result, the Constitutional Court has conducted many judicial reviews based on citizen requests. In this regard, the authors conducted a normative review and concluded that certain laws conflicted with the Uniform Unified Development Act of 1945. The Prolegnas list compiled by the DPR and the President did not always use clear, precise and consistent criteria for laws. This means that several laws enacted in the DPR for the 2004–2009 period did not meet the standards for good lawmaking set forth in Law Number 12 of 2011 concerning Establishment of Accounting Principles. Keywords: Regulations, Legislation, material.
Dualisme Kebijakan Terkait Organisasi Advokat Dalam Putusan Mahkamah Konstitusi No.101/PPU -VII/2009 dan Surat Ketua Mahkamah Agung No.73/KMA/HK.01/IX/2015) Abdullah Ahmad Mukhtarzain
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.3965

Abstract

The single bar association system adopted by Law no. 18 of 2003 concerning Advocates, which was originally used as an organizational legal umbrella that overshadowed or accommodated advocate professions in their recent careers, is currently experiencing polemics regarding legality and also ambiguity about which organization is legitimate, namely between PERADI and KAI, which claim to be legitimate organizations. Therefore it is necessary to review whether the single bar association system needs to be changed to a multi bar association system to meet the needs especially for advocates and prospective advocates so that there is no fighting over rights and authorities as a single advocate organization in Indonesia. This research is a type of normative juridical research or library research, using two approaches, namely the statutory approach and the conceptual approach which are related to the implications of the Constitutional Court Decision No.101/PPU- VII/2009, Letter of Chairman of the Supreme Court No.73/KMA/HK.01/IX/2015 and Law Number 18 of 2003 concerning Advocates related to the change from a single bar association system to a multi bar association using Gustav Radbruch's Theory of Legal Certainty. As for the research results from policy changes related to the single bar association system to become multi bar association in the substance of the revision of Law no. 18 of 2003 concerning Advocates and the Decision of the Constitutional Court No.101/PPU-VII/2009 and Letter of Chief Justice of the Supreme Court No.73/KMA/HK.01/IX/2015 are in accordance with Gustav Radbruch's Theory that the purpose of the change is none other than not to provide benefits (zwech matigheid or doelmatigheid or utility), legal certainty (rechtmatigheid) and achieving justice (gerectigheit) for the advocacy profession, especially for prospective avocados from various organizations to be sworn in after fulfilling the requirements as an advocate. Keywords: Policy Dualism; Single Bars; Multi Bars
Hubungan Hasil Evaluasi Pembelajaran dengan Motivasi Belajar Siswa pada Mata Pelajaran  SKI di Madrasah Tsanawiyah Swasta An-Nikmah Pulau Rakyat Kabupaten Asahan Fauziah Azmi Siagian; Mohammad Al Farabi
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.4294

Abstract

his study aims to determine the relationship between the results of learning evaluation and students' learning motivation in Class VIII SKI Subjects at Madrasah Tsanawiyah Private An-Nikmah Pulau Rakyat, Asahan District, Academic Year 2023/2024. This type of research is descriptive correlational. The population in this study were 160 students of the An-Nikmah Private Madrasah Tsanawiyah Madrasah Tsanawiyah class, Pulau Rakyat, Asahan Regency, as many as 160 people from all 4 classes. The sample taken was 32 students. The technique of collecting data is by giving a questionnaire containing statements of motivation to learn using a Likert scale and documents of student learning outcomes in the SKI subject, the object of class VIII students at Madrasah Tsanawiyah Private An-Nikmah Pulau Rakyat, Asahan Regency. Data analysis technique uses person product moment correlation analysis and simple linear regression test. The results obtained in the person product moment correlation test were 0.592 which showed that the correlation level was at a moderate level, while the results of the simple linear regression test obtained an R square of 0.351 which showed the effect of the results of the evaluation of learning on learning motivation of 35.1%. The research instrument was tested for validity and reliability. Data analysis used the Pearson product moment correlation test and a simple regression test with the help of SPSS for window 20. Thus the results of the study showed that there was a relationship between the results of learning evaluation and learning motivation. Key words: Learning Evaluation Results, Learning Motivation

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