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Al-Manhaj: Journal of Indonesian Islamic Family Law
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fasya@iainmadura.ac.id
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Al-Manhaj: Journal of Indonesian Islamic Family Law
ISSN : 27145522     EISSN : 27150097     DOI : -
Al-Manhaj: Journal of Indonesian Islamic Family Law (ISSN 2714-5522; E-ISSN 2715-0097) published twice a year, always places Islamic Family Law, and Islamic Civil Law in the central focus of academic inquiry and invites any comprehensive observation of Islam Family Law as a normative Islam and a system of society and Muslims as those who practice the religion with their many facets. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of Islamic Civil law. In the beginning the journal only served as a scholarly forum for the lecturers, professors, and students at the State Institute of Islamic Studies. However, due to the later development, the journal has successfully invited scholars and researchers outside the Institute to contribute.
Articles 7 Documents
Search results for , issue "Vol. 4 No. 2 (2022)" : 7 Documents clear
Poligami Kiai Madura (Kajian Fenomenologis Hakikat Poligami Dalam Pandangan Kiai Madura) Abdul Mukti Thabrani; Ah. Kusairi
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v4i2.6058

Abstract

Polygamy is one of the most debated and scrutinized topics in marriage. This study examines the values of polygamy in the practice of cultivating polygamous marriages among Kyai in Madura. This study seeks to address the reasons and purposes of polygamy among Kyai in Madura, the perspective of the Madurese Kyai on the nature of polygamy, and the spiritual significance of polygamy for the Kyai of Madura. The methodology employed in this study is qualitative phenomenology research. This study reaches the following conclusions: (1) The kiai's motivation for practicing polygamy is to maintain the continuity of lineage or lineage, (2) The spiritual values of polygamy that the Kyai of Madura are convenience and blessing of obtaining food, (3) The Kyai's justification as destiny for explaining the spiritual significance of spiritual needs.
Tradisi Penarikan Barang Seserahan dalam Perkawinan Pasca perceraian Perspektif ‘Urf di Desa Lenteng Sumenep Madura Haiza Nadia
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v4i2.6740

Abstract

(The tradition of handing over household furniture is already familiar because most people in Sumenep Regency carry out this seserahan tradition in the form of handing over a number of household furniture in various ways, but the tradition of offerings that occurred in Lenteng Timur Village, Lenteng District, Sumenep Regency is after a husband and wife officially divorced, that is, some of the items that were handed over were asked to return after they were officially divorced and some were not asked to return even though they were divorced. This research belongs to the type of empirical research. This research is called field research or field research. This research is included in empirical research that examines relationships with society, namely in the form of the tradition of taking offerings in post-divorce marriages in Lenteng Timur Village, Lenteng District, Sumenep Regency. The approach used is a case study approach. In this study, the data analysis method used was qualitative data analysis. The results of this study indicate that in the process of implementing the withdrawal of the goods in this post-divorce marriage, after the two (husband and wife) have officially divorced, the people in Lenteng Timur Village, Lenteng District, Sumenep Regency carry out the process of withdrawing the surrendered goods, usually when a husband and wife are not blessed with children and the marriage only goes through the household which briefly. As for the items that were taken back by the ex-husband as a whole, without exception. The practice of withdrawing the items given by the husband due to a divorce that occurred in Lenteng Timur Village, Lenteng District, Sumenep Regency, when analyzed using 'urf, namely: 'Urf fasid, 'Urf 'amali, and ‘Urf khas.)
Gagasan Resiprokal Dalam Poligami; Telaah Pemikiran Abdul Halim Muhammad Abu Syuqqah Faidol Mubarok
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v4i2.6871

Abstract

This paper discusses polygamy as a form of marriage in terms of the reciprocal concept of Abdul Halim Muhammad Abū Syuqqah. This research is focused on answering Abū Syuqqah's reciprocal ideas about polygamy and Abū Syuqqah's reciprocal ideas. The researcher concludes that Abū Syuqqah's idea of ​​reciprocity is based on three schemes, namely through text, context, and contextuality which are interconnected using a reciprocal approach which intends that the text reciprocally applies to all parties in gender relations. Abū Syuqqah is of the opinion that reciprocal polygamy is obligatory based on considerations for the good of all family members, both husband, wife and children. Through this method also, Abū Syuqqah stipulates the conditions for polygamy, namely the husband's ability to be fair to his wives and children, the ability to provide a living for all family members, and the ability to look after and educate his wife and children.
Tradisi Rokat Tase’ Dalam Perspektif Hukum Islam (Studi Kasus Di Desa Branta Pesisir Kabupaten Pamekasan Madura) Faris El Amin
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v4i2.7016

Abstract

Rokat tase' is essentially carried out with the aim of getting safety from all calamities, given smooth fortune, is a form of gratitude and is believed to be able to produce abundant fish catches. In practice, in coastal Branta Village, in the rokat tase ritual, special offerings are usually made which are placed on small boats and then served on top of various fruits and various foods. Shortly before being thrown into the ocean, the contents of the offerings became objects of contention for residents to eat and use.
Kawin Sumbong: Eksplorasi Perkawinan Adat Jambi Menurut Hukum Positif Di Indonesia Zezen Zainul Ali; Mega Puspita
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v4i2.7049

Abstract

This research will discuss the positive law in the tradition of sumbong marriages. Confused marriage is a marriage that is carried out internally within the scope of society (endogamy). Sumbong marriage consists of 12 types, of which the most dominant are marriages between anak pusako and paternal/male relatives. This kind of marriage is considered to have violated customary law and is subject to sanctions by paying one goat (anak pusako) and one buffalo (relatives). This research was conducted using a juridical-sociological approach to the Lekuk Lima Puluh Tumbi Lempur community, Jambi. The research finding is that contemptuous marriage does not conflict with positive law and religious law. The customary sanction for consumptive marriage is meant to expand kinship ties. Customary law and positive law in conjugal marriage synergize and go hand in hand if customary law does not conflict with the applicable positive law.
Cadar Perempuan Madura; Konstruksi Makna dan Motif Penggunaan Cadar bagi Perempuan Madura Amiruddin; Hafid
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v4i2.7317

Abstract

Women who wear the veil are often branded as radical Muslim women and even terrorists. This stereotype originates from the many radical Islamic and terrorist families, most of whom wear the veil. Even though many Muslim women who wear the veil are not affiliated with radical Islamic groups and terrorists, for this reason, this study aims to reveal the meaning of the veil and the motives for wearing the veil for Madurese women. The method used in this study is a qualitative research method with the phenomenological approach of Alfred Schutz. The results showed that the veil has many meanings, namely the veil has meaning as a protector, self-control, covering deficiencies (disgrace), a form of obedience to teachers, and as a barrier so that men do not sin. The reasons for Madurese women to wear the veil are: carrying out religious orders, moving, maintaining honor, carrying out the orders of their husbands and teachers, following the trend of Muslim clothing, and covering the shortage of women.
Analisis Kritis Pendapat Masjfuk Zuhdi tentang Sterilisasi pada Program Keluarga Berencana Akhmad Farid Mawardi Sufyan; Herlina Utami
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v4i2.10445

Abstract

In implementing the family planning program (KB), there are several methods, but the most interesting is the study of sterilization methods. The MUI has issued a fatwa on sterilization 4 times, of which the fourth fatwa is that sterilization is haram except for the last fatwa which is haram with exceptions or conditions. The fatwa was criticized by Masjfuk Zuhdi who argued that the MUI fatwa needed to be reviewed. This research revolves around the focus of the study, what is Masjfuk Zuhdi's opinion about sterilization in the family planning program and what is the analysis of Masjfuk Zuhdi's opinion about sterilization in the family planning program. This research is a library research. The results of this research show that although the rules of fiqh can be used as a postulate as a factor in changing the new 'illat from the law of sterilization which was originally haram to become permissible due to evidence of recanalization, the success of recanalization in reconnecting the cut channels. has not been proven to be real. Consequently, his opinion about the unlawfulness of sterilization has not been proven in the field.

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