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Al-Syakhsiyyah : Journal of Law and Family Studies
Published by Institusi Agama Islam Negeri Ponorogo
ISSN : 27156699     EISSN : 27156672     DOI : https://doi.org/10.21154/syakhsiyyah
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Al Syakhsiyyah (Journal Of Law and Family Studies) diterbitkan oleh Program Studi Hukum Keluarga Islam Fakultas Syariah IAIN Ponorogo 2 kali dalam setahun. Jurnal ini dimaksudkan sebagai wadah pemikiran yang terbuka bagi semua kalangan. Artikel yang diterbitkan dalam jurnal ini berupa tulisan-tulisan ilmiah tentang pemikiran konseptual, kajian pustaka, maupun hasil penelitian dalam bidang hukum dan hukum keluarga Islam yang belum pernah dipublikasikan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol. 6 No. 2 (2024)" : 7 Documents clear
Efektivitas Keberlakuan Fatwa MUI di Indonesia: Studi Komparatif antara Fatwa MUI di tingkat Pusat dan Daerah Tentang Kadar Zakat Fitrah Rohmah, Nihayatur
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 6 No. 2 (2024)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v6i2.9645

Abstract

This study aims to evaluate the effectiveness of implementing fatwas issued by the Indonesian Council of Islamic Scholars (Majelis Ulama Indonesia, MUI) concerning zakat fitrah at both central and regional levels. By comparing the influence of MUI’s central and regional fatwas on community practices, this qualitative research utilizes observations and interviews with relevant stakeholders. Survey data collected from various regions across Indonesia were analyzed to identify trends and preferences in the public's adherence to MUI fatwas. The results show that 28% of respondents follow the guidelines from the National Zakat Agency (BAZNAS), 34% adhere to the central MUI fatwa, and 39% comply with regional MUI fatwas. These findings highlight the significant impact of regional-level fatwas on zakat fitrah practices. This study contributes to a deeper understanding of the effectiveness of religious decrees in Indonesia and provides valuable insights for enhancing public awareness and participation in the implementation of zakat fitrah.
Poligami dalam Novel Wattpad Perspektif Hukum Positif Ulya, Zakiyatul; jiphi, Jiphie Gilia Indriyani
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 6 No. 2 (2024)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v6i2.9805

Abstract

Polygamy as a controversial issue is always interesting to discuss, including in novels. Novels themselves are undergoing transformation along with advances in technology, from non-digital to digital, one of which is Wattpad which opens up access for users, both as readers and story writers, so that they can become a dynamic place to share and enjoy various stories from various points of view. Writers can freely convey their ideologies or opinions to readers - who inevitably, whether consciously or not - have appreciated and even guided them. In Indonesia itself, polygamy has been regulated in detail in positive law. So whether the concept of polygamy presented in the Wattpad novel is relevant to the provisions on polygamy in positive law is important to study. This study is library research with documentation techniques as the data collection technique. Three novels were chosen based on the finished story, Islamic boarding school setting, and number of readers, namely: Menjadi Yang Kedua, Antara Dua Hati dan Kenapa Sesakit Ini? The previously collected data was then analyzed using descriptive techniques with a deductive mindset. The study results show that the concept of polygamy presented in two of the three novels is not fully relevant to the provisions of polygamy in positive law, especially regarding the stages of marriage registration that must be fulfilled. At the same time, the relevance of the remaining one cannot be known because there is no clear picture of the implementation of the marriage. Justice, which is a condition for allowing polygamy, ultimately cannot be realized in the domestic life of the three novels studied.
Regulasi Nikah Beda Agama Dalam Sema Nomor 2 Tahun 2023 : Perspektif Maqāṣid al-Syarī‘ah Ibn ‘Āsyūr Misbahul Huda; Ida Rif’atus Sa’adah; Baihaqi, Achmad
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 6 No. 2 (2024)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v6i2.9811

Abstract

In 2023 the Supreme Court issued Supreme Court Circular Letter (SEMA) Number 2 of 2023 concerning Instructions for Judges in Adjudicating Cases on Applications for Registration of Marriages Between People of Different Religions and Beliefs . SEMA sparked a polemic because it was considered discriminatory and lacked urgency. This research was conducted to explore the actual regulations for interfaith marriages in SEMA Number 2 of 2023 from the perspective of Maqāṣid Syarī'ah Ibnu 'Āsyūr. In an effort to answer the perceived discriminatory policies contained in SEMA Number 2 of 2023 the author uses 4 bases of Ibn Asyur's Maqāṣid asy-Syarī'ah. The concept of Maqāṣid ash-Syarī'ah 'Ammah and Ibn Asyur's level of Maslahah will be used to formulate and track the level of urgency in promulgating SEMA Number 2 of 2023 through the benefits contained therein. In this process the author will use the statute approach and conceptual approach, with descriptive analysis. The research results show that the urgency of promulgating SEMA Number 2 of 2023 in the Indonesian context, according to the author, is at the level of hajiyat benefits . Meanwhile, efforts to enforce or supremacy of law through SEMA Number 2 of 2023 will be less effective. Apart from that, SEMA Number 2 of 2023 is considered to be less than fully successful in providing social stability and resilience to the justice-seeking community as desired by Ibnu Asyur through legal supremacy efforts.
Pelarangan Mutlak Khitan Perempuan Bertentangan Dengan Syariat: (Tinjauan Atas Fatwa MUI Perspektif Maqä€Á¹¢Id Al-Syar䪔˜ah) Assalwa, Shafira Amalia; Ma'arif, Ilham Fikri
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 6 No. 2 (2024)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v6i2.9817

Abstract

Talking about religious guidelines in Indonesia will not be separated from discussing the fatwa of the Indonesian Ulama Council (MUI). The religious fatwas produced by this organization often become references for Muslim communities in their daily lives. This article focuses on the MUI's fatwa on female circumcision, especially its statement that the absolute prohibition of female circumcision is contrary to Islamic law. According to MUI, female circumcision is part of the propagation of Islamic teachings. The research is studied through a qualitative approach using Jasser Auda's maqāṣid al-sharī'ah theory in formulating fatwas. The findings of this research reveal that many Muslim scholars and other authoritative fatwa institutions, both in Indonesia and the world, do not hesitate to prohibit female circumcision. Their opinion is not only based on medical advice that prohibits and states the absence of benefits from female circumcision but also based on and inspired by the purpose of Shari'ah, maqāṣid al-syarī'ah. This study reveals that MUI's claim that the absolute prohibition of female circumcision is not in line with the Sharia, carries consequences that are not light.
Dialektika dalam Reformulasi Kriteria Rukyatul Hilal: Dari Rukyat Mutlak hingga QRNU Hijriyati, Muthi'ah; Lusdiyanto, Karis
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 6 No. 2 (2024)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v6i2.9823

Abstract

Nahdlatul Ulama' as a representative of a community organization that views rukyah as the basis for determining the start of the month is often faced with hisab. However, history records that the NU’s ijtihad process moved dynamically and did not reject hisab. Starting from using rukyah absolutely, then hisab is used as a "partner" and the basis for implementing rukyah, until hisab is positioned to also thwart istimal norms in the position of qath'i al-rukyah. This developing formulation is interesting to study in the context of dialectics initiated by Hegel. Hegel's philosophical concept will be applied to explore the dynamics of shifts in NU's thinking in its ijtihad regarding the determination of the beginning of the month in Indonesia. This type of research is qualitative with a library research approach by collecting data from various written sources. This data will then be processed in a descriptive-analytical methods and produce an understanding that the formulation of rukyatul hilal in NU in the early days was to use pure rukyah based on an understanding of the hadith text of the prophet Muhammad saw. This is a thesis that confronts the antithesis of the developing condition of science, where humans have been able to calculate and predict the occurrence of conjunctions and are supported by astronomical data. This process of dialogue and thesis-antithesis conflict presents a result of ijtihad in the form of the concept of NU qath'i al-rukyah which is a synthesis in the struggle for NU thought. It is possible that new thoughts will emerge in the future as evidence that the dialectical process is still and will continue to run in the scientific treasures of Nahdlatul 'Ulama
Quo Vadis Hudud Di Era Kontemporer: Antara Hak Tuhan Dan Hak Manusia Muhammad Ali Magfur
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 6 No. 2 (2024)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v6i2.9832

Abstract

This study aims to analyze the thoughts of Jumah and Usaimin regarding the discourse on the application of hudud in the contemporary era. This research is a qualitative study that uses the library research method. This research is comparative-analytic in nature which is operated by deeply analyzing two fatwas from Jumah and Usaimin about the law of applying hudud in the contemporary era and then comparing the two fatwas. Primary data sources in this study were taken from the book al-Baya>n lima> yusyghilu al-az}\han and the book al-Fata>wa ash-shar'iyyah fi> al-masa>il al-'as}riyyah min 'ula>ma>' al-balad al-h{aram while secondary data the author obtained from several sources such as previous research journals, several books, and related web pages. The research results show several important points. First, Jumah and Usaimin have different opinions about the application of hudud in the contemporary era. For Jumah, the application of hudud must be suspended while Usaimin firmly rejects any attempt to suspend hudud. Jumah and Usaimin share a belief that hudud is God's absolute right that cannot be changed by anyone. However, in terms of the application of hudud in the contemporary era, the two differ in their opinions. Jumah prioritizes the humanitarian side to suspend hudud, because according to him there are several conditions that cannot be met, while Usaimin does not budge and still obliges to apply hudud. Thus, Jumah has a semi-intellectualist style of thought while Usaimin emphasizes the textualist character that is so thick.    
Filsafat Keadilan Bermartabat Dalam Hukum Islam: Anatomi Hak Waris Dalam Prinsip Sapikul Sagendhongan Disantara, Fradhana Putra; neny, Neny rahmawati
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 6 No. 2 (2024)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v6i2.10168

Abstract

Abstract : This research aims to analyze the principles of Islamic inheritance law and their relevance to customary law in society as well as the existence of distribution of inheritance based on the Sapikul Sagendhongan principle from an Islamic Law perspective. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the research confirm that there are eleven principles or principles in Islamic inheritance law which include: the principle of ijbari', bilateral, individual, balance, solely due to death, sincerity, self-servity, huququl maliyah or material rights, basic rights (huququn thaba 'iyah), dividing inheritance and benefit, where these eleven principles or principles are the basis for the implementation and regulation of Islamic inheritance law. In connection with the application of customary law practices in the distribution of inheritance, it can actually be seen from the theory of receptio in complex which was initiated by Van Den Berg, the theory of receptio exit which was developed by Hazairin, and the theory of receptio a contrario which was developed by Sayuti Talib which is actually a justification that Islamic law has validity. which sometimes manifests itself in customary law, such as the principle of Sapikul Sagendhongan as implemented by Javanese society. The existence of distribution of inheritance based on the Sapikul Sagendhongan principle viewed from the perspective of Islamic Law is actually no different from the distribution of inheritance in Islamic Law which mandates that men share more than women with the argument that men have greater responsibility. In this context, the distribution of inheritance based on the principle of sapikul sagendhongan actually has similarities with the distribution of inheritance based on Islamic law.

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