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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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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.
The Practice of Exogamous Marriage from the Perspective of the Indonesian Islamic Da'wah Institution In Wonogiri Regency Permana, Syahla Riksa Abdi; Ridho, Muhammad Rosyid
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 7 No. 1 (2025)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v7i1.9816

Abstract

This study aims to explore LDII's views on exogamy or marriage with individuals outside the community. The problem that arises is that people outside LDII believe that marriage between LDII members and people outside the organization is not valid. This study employs a qualitative empirical method with a phenomenological approach to analyze the phenomenon of exogamous marriage within the LDII community. Field data collection was conducted through interviews and participatory observation involving LDII leaders, LDII officials, and members who practice exogamous marriage. The results of the study indicate that although LDII tends to support exogamous marriage, there is flexibility that allows for exogamous practices if they are considered to bring social benefits and strengthen solidarity between communities. LDII views exogamy as part of its efforts to create social harmony and maintain diversity within a broader society, without neglecting the internal values that have been built within their community. This study contributes to efforts to deconstruct social stigma toward the LDII community regarding exogamous marriage practices, while providing a more contextual understanding of the organization's stance on social pluralism. These findings also enrich academic discourse on intergroup marriage within Islamic religious organizations in Indonesia and provide an empirical foundation for the development of more inclusive social and intercommunity policies.
Critique of Ecological Jurisprudence and Environmental Ethics Regarding the Relocation of the National Capital Kurniawan, Fahmi; Nururi, Imam; Pratama, M. Guntur Sandi
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 7 No. 1 (2025)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v7i1.9972

Abstract

This study aims to critically examine the IKN relocation through the lens of Islamic ecological jurisprudence (fiqh al-bi’ah) and Islamic environmental ethics, by exploring the values of maqāṣid al-sharī‘ah and the principles of ecological spirituality as articulated by Seyyed Hossein Nasr. The research employs a qualitative method using a literature review approach, with prescriptive analysis of Islamic legal sources, scientific journals, environmental reports, and statutory regulations. The findings indicate that the IKN project potentially violates principles of ecological sustainability and neglects key Islamic values such as the prohibition of harm (lā ḍarar wa lā ḍirār), maintaining balance (mīzān), and the human responsibility as khalīfah (steward) of the Earth. Nasr interprets the ecological crisis as a manifestation of a deeper spiritual crisis, wherein modernity has severed humanity’s connection to the sacredness of nature. Islamic ecological jurisprudence and environmental ethics offer a new paradigm for development rooted in spiritual values, treating nature as an intrinsically valuable entity rather than a mere resource for exploitation. This study asserts that the IKN project requires deep ethical and ecological considerations to ensure long-term sustainability, including the involvement of Indigenous communities, forest conservation, and adherence to the principles of ecological justice within the Islamic worldview.
The Divine Values in The Development of Legal Science: A Perspective of the Philosophy of Science Rahmasari, Helda; Ambarini, Nur Sulistyo Budi; Putra, David Aprizon
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 7 No. 1 (2025)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v7i1.10224

Abstract

This research seeks to explore the divine values in the development of legal science through the lens of the philosophy of science. In the context of humans as social beings created by the Almighty God, law functions as a normative guide to achieve justice and regulate social interactions. This research focuses on two main issues: the influence of divine values on the formation and development of legal science, and the integration of these values to create a balance between legal certainty, utility, and justice. This study employs a qualitative approach using historical and analytical methods. The type of research is a literature study. This research utilizes primary legal materials such as books, scholarly articles, previous academic studies, and other documents discussing divine values, the philosophy of science, and their relationship with legal principles such as justice, utility, and legal certainty. Subsequently, all obtained data is analyzed through qualitative analysis. The findings indicate that divine values play a crucial role in shaping a divinely-oriented legal paradigm that not only prioritises the formal aspects of law but also the moral and spiritual values derived from religious teachings. From this perspective, law is understood as a manifestation of universal divine values, with Pancasila serving as the epistemological framework that ensures the integration of moral principles within Indonesian law. Furthermore, divine values can create harmony between legal certainty, utility, and justice, where the concept of justice is emphasised to be not merely formal but also substantive, reflecting social justice and human dignity as creations of God. This research underscores the importance of divine values as a foundation in the development of legal science that is adaptive to the social dynamics of society.
Children of Marriages Between Indonesian Citizens and Rohingya: What Are Their Inheritance Rights? Shoimah, Siti Nur; Uyun, Fahmi Ridlol
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 7 No. 1 (2025)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v7i1.10373

Abstract

The purpose of this study is to address legal issues related to the rights of children from mixed marriages with stateless persons in Indonesia and to highlight the importance of recognizing children's rights in complex situations involving citizenship status and legal uncertainty. This study employs a normative legal research method by analyzing and examining the regulations governing the status of the Rohingya ethnic group as stateless persons in Indonesia, as well as the inheritance rights of children born to parents who are Indonesian citizens and Rohingya ethnic group members classified as stateless persons. The findings of this study indicate that children born from marriages between Indonesian citizens and stateless Rohingya retain their inheritance rights from both parents. Although such marriages may not be legally registered, they remain valid under religious law, and inheritance rights are based on blood ties, not marriage registration. These children may also inherit land from their Indonesian citizen parents under certain conditions. The contribution of this research lies in its effort to address the gap in legal studies regarding the status of children from mixed marriages with stateless individuals, an issue that has received little attention in national regulations. This study provides an argumentative and normative foundation for the protection of children's rights in transnational and stateless contexts, and encourages the development of more inclusive and equitable legal policies.
Reinterpreting Financial Responsibilities in Islamic Marriage: A Maqasid al-Usrah Perspective Nur Fadhilah; Alamsyah, Muhammad Nurravi
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 7 No. 1 (2025)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v7i1.10449

Abstract

The research aims to address the shift from a rigid, gender-based financial framework to a more equitable model that reflects contemporary socio-economic realities. A qualitative research methodology was employed, analyzing classical and contemporary Islamic legal texts, court rulings, and scholarly debates. The findings reveal a growing consensus among Islamic scholars that qiwamah is not necessarily an exclusive male financial obligation but rather as a shared responsibility between spouses. The study highlights the increasing acceptance of women's financial contributions and the necessity for legal reforms to formalize this shift. Additionally, the mubadalah principle underscores the importance of reciprocity in marital financial duties, ensuring justice and mutual support within family structures. These findings suggest that contemporary Islamic jurisprudence is evolving to accommodate socio-economic changes, fostering a balanced partnership in financial obligations. The implications of this research extend beyond academic discourse and have practical relevance for family law and policy-making. By integrating Maqasid al-Usrah into legal frameworks, policymakers can develop more inclusive laws that reflect gender equity and economic realities. Further research is encouraged to explore how shared financial responsibility affects marital stability and children's well-being in Muslim-majority contexts.
The Canggha Agung Tradition as a Pre-Wedding Ceremony in West Kalianget Village, Sumenep Regency Fathoni, Achmad; Thabrani, Abdul Mukti; Wijaya, Ahmad Yahya; Qashdi, Moh.
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 7 No. 1 (2025)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v7i1.10497

Abstract

The canggha agung tradition is a pre-marriage ceremony that has been passed down from generation to generation in Kalianget Barat Village, Sumenep, Madura. This tradition is believed to ensure the smooth running of the marriage ritual. This study aims to identify the factors that support the preservation of this tradition and its relationship with the success of marriage. The research method used is descriptive qualitative, involving in-depth interviews with families who practice the canggha agung tradition, religious leaders, community leaders, and the general population of Kalianget Barat Village. Data was collected through interviews and supporting documents. The results of the study indicate that the preservation of the canggha agung tradition is supported by three main factors, namely (1) the community's belief in traditional values as a sacred heritage; (2) the empirical experience of couples who have undergone the tradition, who generally report a more harmonious household life; and (3) collective support from the community, including religious leaders and traditional elders. This tradition also serves as a medium to strengthen religious and spiritual values and enhance social solidarity among community members. The contribution of this research lies in its efforts to preserve local cultural heritage within the context of marriage, as well as providing a deeper academic understanding of the relationship between traditional customs and family resilience.
Distribution of Inheritance Among Different Religions: A Perspective from Islamic Sociology of Law Atho’ Mudzhar Wahid, Abdur Rohman
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 7 No. 1 (2025)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v7i1.11383

Abstract

The distribution of inheritance among heirs of different religions often creates tension between the formal legal provisions in the Compilation of Islamic Law (KHI), which does not recognize cross-religious inheritance rights, and the social practices of society, which tend to resolve such issues through family deliberation. This gap highlights the need for an approach that can bridge normative law and the pluralistic social reality in Indonesia. This study employs Atho’ Mudzhar's Islamic legal sociology approach with an empirical case study method in Aditoya Hamlet, Jatigreges Village. Data was collected through observation, interviews, and document analysis, then validated through triangulation. The findings reveal that the local community prioritizes family values and social harmony over KHI provisions, leading to inheritance distribution through deliberation. This approach aligns with the principles of maqāṣid al-sharī’ah and contextual ijtihād oriented toward justice and public benefit. The study recommends a reformulation of the KHI to be more responsive to the realities of a multicultural society without neglecting the foundational principles of sharia. Through a sociological perspective, Islamic inheritance law can become more adaptive and inclusive.

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