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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 163 Documents
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Guarantee’s Right In Marriage By Perspective Of Women’s Study: A Gender Perspective Abdilah, Nadhruna'im; Yuni, Kusnul Ciptanila
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 6 No. 1 (2024)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v6i1.6640

Abstract

Departing from the shift in the meaning of ijbar which is identified with ikrah by most Indonesian people, especially in the gender perspective, the center for women's studies UIN Sunan Kalijaga, encourages researchers to conduct a study on the development of the implementation of ijbar rights in Indonesia today as well as legal regulations regarding the implementation of ijbar rights in marriage which are still a tradition in Indonesia and legal protection for women's human rights that have been degraded as a result of forced marriage as a consequence of the application of ijbar in a marriage. The type of research used is field research with a legal-formal approach. The results showed that the absolute right of ijbar thereafter should no longer be exercised in Indonesia after the birth of the Marriage Law and the Compilation of Islamic Law. From a number of chapters it is clear that the permission of the bride and groom, or prospective husband and wife, is an important component of the marriage itself. The concept of ijbar has a legal basis in fiqh, fiqh experts have different opinions about forced marriage (ijbar). Center for Women's Studies UIN Sunan Kalijaga provides two types of legal protection for women whose human rights are violated because of marriage with ijbar rights from the point of view of Islamic law. First, every woman has the same right to choose her partner. Second, a woman may ask her guardian's permission to marry her without his knowledge or consent.
Implementasi Perbandingan Asas Equality Before The Law Dalam Sistem Peradilan Pidana Di Indonesia Dengan Negara Lain Amri, Ahmad Ihsan; Anggono, Bayu Dwi
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 6 No. 1 (2024)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v6i1.8958

Abstract

Equality before the law is one of the most important and powerful principles in Indonesia's system of law enforcement. As a law-abiding state, certainly the application of this principle illustrates that every citizen has the same degree or position in the law without exception. The law presented no distinction for any party, it was expressly explained in chapter 27 of the verse (2) the 1945 law. The study aims to see if there is a link between the principle of equality before the law and Indonesia's criminal justice system and how it applies. In writing the study using the normative type of legal study method using the research approach: a legal approach, a conceptual approach and compartive approach. From this study, the conclusion is that the implemntation of equality before the law must be interpreted dynamically, not statically, both in Indonesia and other countries. This means that Indonesia, Jerman and Belanda view that equality before the law must be harmonized with the same treatment for everyone. Justice carried out by the state must provide benefits to all people, and the ask of law is to maintain justice so that it can reach all people without exception. Everyone has the same acces to justice regardless of whether they are rich or poor.
Keterlibatan Hakim Perempuan Sebagai Pekerja Publik Sekaligus Istri Dalam Mencipatakan Keluarga Yang Harmonis Perspektif Hukum Islam Gardeni, Alma Sari; Rofiah, Khusniati
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 6 No. 1 (2024)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v6i1.8960

Abstract

A female judge has a dual role when the judge is married. It's not just work that needs to be done. However, work as a wife and housewife must also be considered. A female judge certainly has high consequences for work. Not only is he responsible for his work, a judge must of course be ready to be transferred to various court areas throughout Indonesia. Moreover, a female judge, who is basically a woman, also plays an important role in the family, especially. For example, serving your husband and having to educate and give love to your children. The focus of the research is related to the role of female judges in earning a living and in creating family harmony when they have to be transferred to areas far from their families. This thesis is a qualitative research type of field research with a normative approach. Meanwhile, technical data collection involves conducting interviews and documentation. The analysis used in this research is descriptive analysis with an inductive method.
Perspektif Qira'Ah Mubadalah Terhadap Sikap Posesif Istri Kepada Suami Nurkhovivah, Mahmudha; Khaidarulloh
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 6 No. 1 (2024)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v6i1.9022

Abstract

Domestic violence is a global problem, including in Indonesia, with a high This research started from a case of domestic violence which experienced disharmony in carrying out its rights and obligations resulting in a wife's possessive attitude towards her husband. The formulation of the problem in the research is 1. What is Qira>'ah Muba>dalah's perspective on forms of possessive attitudes of wives in interpersonal relationships between husband and wife in Kauman District, Ponorogo Regency? and 2. What is Qira'ah Muba>dalah's perspective on the rights and obligations of husband and wife in cases of possessive wives in Kauman District, Ponorogo Regency? This research is a type of qualitative field research. The analysis used in this research is descriptive analysis. The findings of this research show that the pattern of husband and wife relations in Kauman District, Ponorogo Regency, there is an imbalance in carrying out rights and obligations. The wife's possessive attitude creates discomfort and conflict, doubts the integrity of the family, and is contrary to the principle of Qira>'ah Muba>dalah. Marriage should be based on cooperation, mutual understanding, and balance in affection. A wife's possessive attitude which limits her husband in carrying out his obligations to earn a living can of course narrow the husband's career space and reduce his knowledge. This excessive control is not in line with Mubjadi's values ”‹”‹which emphasize mutuality, partnership and cooperation. Gender equality is important to maintain family harmony.
Understanding Interfaith Marriage: A Multidisciplinary Perspective Anisa, Lina Nur
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 6 No. 1 (2024)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v6i1.9123

Abstract

Interfaith marriage is a phenomenon increasingly observed both in Indonesia and globally. This trend reflects broader social changes such as globalization, increased mobility, and greater cultural exchange. Although common, interfaith marriages present unique challenges that require comprehensive understanding from a multidisciplinary perspective. This research aims to explore interfaith marriage through theological, psychological, and sociological lenses to provide a holistic analysis of its complexities. The research approach is qualitative, utilizing library research involving the study or review of books and literature related to the topic discussed. The data collection technique used in this study is documentation. The data analysis techniques applied are content analysis, induction, and deduction. The findings of this study reveal that successful integration of religious identities in interfaith marriages involves open communication, mutual respect, and active engagement in the community. This study emphasizes the importance of supportive legal frameworks and educational initiatives in promoting social acceptance. These insights offer practical implications for interfaith couples, counselors, and policymakers, providing guidance for navigating the challenges of interfaith marriage and building harmonious relationships. By understanding the theological, psychological, and sociological dimensions of interfaith marriage, stakeholders can better support these unions and promote inclusive and respectful social norms.
Pemenuhan Hak Anak Pasca Perceraian Perspektif Hukum Positif dan Teori Tujuan Hukum Gustav Radbruch Kanifah, Anisa Nur; Santoso, Lukman
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 6 No. 1 (2024)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v6i1.9128

Abstract

This research began with the problem of providing children with post-divorce rights which were not fulfilled by both parents. The aim of this research is to see the extent to which children's rights after divorce are implemented. This research is a type of qualitative field research. The approach used is normative juridical with a type of clinical research. The findings of this research show that explaining children's rights after divorce in Bekiring Village, Pulung District, Ponorogo Regency from a positive legal perspective, of the 6 (six) residents who were used as informants in the parenting aspect, two informants were in compliance while the other four were not. The aspect of paying for a living (father) has been fulfilled by the father with all his efforts, but one informant enjoys the living carried out by the mother. Aspects of caring for children who are not mumayyiz yet with their mother, one is suitable while the other five are in the care of the father. Furthermore, the implementation of positive law regarding the granting of children's rights after divorce in Bekiring Village, Pulung District, Ponorogo Regency, from the perspective of Gustav Radbruch's theory of legal objectives, in the aspect of legal justice regarding children who have the right to choose to live with their father/mother has not been implemented. In the aspect of legal benefits, some of it has been implemented, but regarding the care of children who are not yet mumayyiz, it has not been implemented well. While the aspect of legal certainty has not been implemented well, the value of certainty in obtaining support from the father has been implemented.
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.

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