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Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan
Published by Institut Agama Islam Negeri Bone
ISSN : 26853248     EISSN : 26855887     DOI : https://doi.org/10.35673/as-hki
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Al-Syakhshiyah: Jurnal Hukum Keluarga Islam dan Kemanusiaan, Adalah terbitan ilmiah berkala yang ditujukan untuk akademisi dan praktisi hukum dalam menerbitkan hasil penelitian ilmiah dan/ atau hasil telaah konseptual. Ruang lingkup Jurnal Al-Syakhshiyah meliputi: 1. Hukum Keluarga Islam 2. Hukum Islam 3. Humaniora
Arjuna Subject : Ilmu Sosial - Hukum
Articles 102 Documents
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MAINSTREAMING FIQH SIYASAH DALAM KEPEMIMPINAN BERDASARKAN PRINSIP PANCASILA El Naqia Sari; Martunus Rahim
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 5, No 1 (2023): Volume 5 Nomor 1 Juni 2023
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v5i1.3938

Abstract

Leadership is still an interesting issue in the life of the nation in Indonesia. It is a concept that covers various aspects of how leaders influence and interact with their followers in communicating common goals. When talking about the country, leadership must have a core principle of leadership. Including Indonesia, which has a state foundation called Pancasila. This study is important to see how fiqh siyasa views leadership based on the guidelines of “kemanusiaan yang adil dan beradab” in Pancasila. This research was conducted using a qualitative method with a philosophical approach by analyzing the meaning of one of the Pancasila precepts with Islamic religious principles normatively and philosophically. This principle finds that First, leadership that is “Berperikemanusiaan”  in Pancasila intends to uphold human dignity and protect human rights. Human Rights have long been recognized in Islam as explained in the Al-Quran (QS Shaad: 71-72); Second, the guidance of the Pancasila Law is reflected in the prosecution of Indonesian citizens through law regardless of their class and rank. In addition, many verses in the Al-Quran explain justice, one of which is Q.S Shaad: 26; Third, “beradab” of leadership in Pancasila means a leader follows good standards of behavior. Islam teaches that a believer is a person with commendable morals, which includes politeness.
KEDUDUKAN IZIN ISTRI DALAM POLIGAMI: Analisis Teori Perubahan Hukum dengan Perubahan Sosial Harwis Alimuddin; Zulkarnain Abdurrahman
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 5, No 1 (2023): Volume 5 Nomor 1 Juni 2023
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v5i1.4003

Abstract

Wife's permission for polygamy is not a requirement in classical fiqh. The Compilation of Islamic Law and the Marriage Law in Indonesia makes a previous wife's permission a condition for polygamy. Therefore, the wife's permission requirement is a condition resulting from the ijtihad process of Indonesian scholars which is adapted to the social and cultural structure in Indonesia. This research is expected to be a consideration for legal changes that support the principle of open monogamy in Indonesia. This study concludes that through an analysis of the theory of legal change with social change, even though the wife's permission in the classical period was not a requirement for polygamy, the wife's permission in the modern context must be used as a condition for polygamy permission. Changes in the social structure from a patriarchal culture that places the wife as the husband's subordinate to a social structure that places the wife as the husband's partner requires a change in the position permitted by the wife in polygamy. The wife's permission which is only used as a complementary requirement, an administrative requirement (min syurut} al-kamal) can turn into a legal condition for polygamous marriage (min syurut} al-s}ihhah).This is due to the consideration that polygamy which does not get the consent of the previous wife in the context of modern culture which places the wife as the husband's partner, can bring successive losses to the rights of the wife and children born from a polygamous marriage. Polygamy without the wife's permission causes it to be considered illegal by the state. The implication is that the interested parties will not be able to claim their rights in the future
TINJAUAN MAQASID SYARI’AH TERHADAP PENCATATAN PEKAWINAN Tenggo Subangun Harahap
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 5, No 1 (2023): Volume 5 Nomor 1 Juni 2023
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v5i1.3359

Abstract

The Indonesian Muslim community is still faced with the problem of two understandings of marriage registration. First, the registration of marriages is considered a legal requirement for marriage, so that unregistered marriages (sirri) are considered as marriages that have no legal force. The provisions for the obligation to register a marriage are contained in Law no. 1 of 1974 Article 2 paragraph (2); jo. Articles 4 and 5 KHI. Second, the understanding that judges that even without marriage registration, the marriage is considered valid according to religious law, if the fiqh requirements and harmony are met, this opinion also rests on Law No. 1 of 1974 Article 2 paragraph (1), which restores the validity of marriage based on each religious law. This article aims to reaffirm the position of registering marriage as a necessity when viewed from the perspective of maqasid shari'ah. This study uses a qualitative normative approach, with secondary data sourced from searching books, laws, and various related literature. The results of the study show that the status of marriage registration is purely the result of ijtihad, and in essence it is in line with the goals of syara' and does not violate the benefit, namely the maintenance of religion and lineage by creating an orderly administration. Likewise, the maintenance of human assets in the context of marriage, because with legal force, a marriage can anticipate the implications of a legal action.
PROBLEMATIKA PENCATATAN PERKAWINAN PADA KUA SE-KOTA MADIUN DITINJAU DARI MAQASID SYARI’AH Ahmad Mustofa; Marwa Maratus Sholeha; Moh. Anang Darwisyi
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 5, No 1 (2023): Volume 5 Nomor 1 Juni 2023
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v5i1.4016

Abstract

This article aims to find out the perceptions of KUA employees in the city of Madiun regarding underhand marriage. This is because there is still a dualism in understanding the validity of underhand marriage. So that gave rise to various problems of marriage registration at KUA in Madiun city. This research is a qualitative research with descriptive analysis method. The analysis technique used is exploratory technique. The results showed that in the city of Madiun the KUA agreed that marriages that were not administratively registered at the KUA were considered invalid under state law, especially when viewed from Maqaṣid as-Syari'ah who invited Hifẓu al-Din and Hifẓu al-Nasl , the state is in principle obliged to protect its people from damage to religion and heredity. With underhand marriage, it will have a physical and psychological impact on the rights of the wife and children. The wife cannot be called a legal wife according to state law. So that her rights as a wife are not guaranteed to be fulfilled. Then the impact of underhand marriage on the status of the child is only related civilly to the mother and/or the mother's family.
TINJAUAN HUKUM PROGRESIF TERHADAP WASIAT WAJIBAH BAGI KERABAT NON MUSLIM MUHAMMAD RIDWAN
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 5, No 1 (2023): Volume 5 Nomor 1 Juni 2023
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v5i1.4028

Abstract

AbstractThis study aims to describe the urgency of the position of the obligatory will for non-Muslim relatives, especially for heirs who are prevented from receiving an inheritance due to different religions from the heir. This research uses a qualitative approach, which is normative, which comes from secondary data, such as legislation, jurisprudence, and various literature related to obligatory wills for non-Muslim relatives. The results of this study indicate that the panel of judges at the Supreme Court judged that non-Muslim relatives should be eligible to receive a share of the heir's property through a will, as much as ¼ or 25%. The reason is due to consideration of the physical and emotional closeness between the heir and the heir who is hindered. Therefore, the practice of granting a mandatory will is a form of substantive justice for non-Muslim relatives, which is a progressive legal protection of their rights as heir relatives.
PANDANGAN AL-QUR'AN TENTANG SOLUSI PENGENTASAN KEMISKINAN KELUARGA DAN MASYARAKAT MUSLIM MELALUI PENDEKATAN TAFSIR TEMATIK S, Samsidar; Sohra, Sohra; Mujahid, Ahmad
Jurnal AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 6 No 1 (2024): Volume 6 Nomor 1 Juni 2024
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v6i1.6579

Abstract

This research aims to reveal the Al-Qur'an's views on solutions to poverty alleviation in Muslim families and communities, by identifying and classifying Al-Qur'an verses that discuss poverty and solutions to its alleviation in the contemporary era. The research method used is a literature study with secondary data sourced from verses of the Al-Qur'an and their interpretations, using a descriptive analytical approach. In the discussion it was revealed that the Qur'an offers several concrete and holistic solutions in overcoming poverty, which includes economic, social and spiritual aspects, including: Implementation of the zakat, infaq and alms and waqf systems as a means of economic equality and philanthropy in Islam, In this way, there will be an integration of spiritual and material aspects in alleviating poverty. The application of Al-Qur'an solutions in alleviating poverty starts from the individual, family, community level, up to the state level as a policy regulator.
MARRIAGE BETWEEN INDIVIDUALS OF THE SAME SEX, ACCORDING TO ISLAMIC LAW, POSITIVE LAW, AND HUMAN RIGHTS Dicky Andrian
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 5, No 2 (2023): Volume 5 Nomor 2 Desember 2023
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v5i2.5102

Abstract

This study examines the issue of same-sex marriage within the realms of Islamic law, positive law, and human rights. Existing literature reveals that both Islamic and positive laws tend to prohibit same-sex marriage or any form of LGBT relationships. However, human rights perspectives present a contrasting viewpoint. While Indonesia explicitly rejects same-sex marriage based on human rights, approximately 30 countries worldwide have legalized it, recognizing individual rights irrespective of sexual orientation. This research highlights the tensions between religious norms, positive law, and human rights principles regarding same-sex marriage, providing a foundation for further discussion on reconciling legal frameworks in an increasingly inclusive society that embraces sexual diversity.
FREKUENSI TINGKAT PERTENGKARAN TERUS MENERUS (SYIQá¾¹Q) SEBAGAI ALASAN PERCERAIAN DI PENGADILAN AGAMA Nasution, Muhammad Yusuf
Jurnal AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 6 No 1 (2024): Volume 6 Nomor 1 Juni 2024
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v6i1.5732

Abstract

The high rate of divorce that occurs in society is caused by several factors, including; due to disharmony, no responsibility, and economic problems. Among divorce cases, the most filed for divorce are from the wife. There are several reasons for divorce regulated by Islamic Law, Marriage Law Number 1 of 1974 in conjunction with Law Number 9 of 1975, and the Compilation of Islamic Law, including, disputes and quarrels that occur continuously as reasons for divorce. However, Islamic Law, Marriage Law Number 1 of 1974 in conjunction with Government Regulation Number 9 of 1975, and the Compilation of Islamic Law, do not explicitly stipulate in detail the minimum time limit for marriage to be able to file for divorce for this reason, and there is no explanation any reason belongs to the constant strife and bickering. This causes multiple interpretations, because the scope is too broad, so many things are used as reasons for disputes and fights for divorce, and later it can become one of the drivers of divorce which is too easy to do in people's lives. The Marriage Law cannot determine a minimum time limit for disputes and continuous bickering as reasons for divorce, because divorce is a human right.
PERLINDUNGAN HUKUM TERHADAP HAK-HAK ISTRI KORBAN KDRT PASCA PERCERAIAN BERBASIS NILAI KEADILAN DALAM HUKUM ISLAM DAN HUKUM NASIONAL Patawari, Andi Yusri; kurniati, Kurniati; Misbahuddin, Misbahuddin
Jurnal AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 6 No 1 (2024): Volume 6 Nomor 1 Juni 2024
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v6i1.6670

Abstract

This article examines the issue of forms of legal protection for the rights of wives of domestic violence victims based on the values of justice. This is because victims of domestic violence are increasing from year to year, even though there is a Law on the Elimination of Domestic Violence, this phenomenon still continues. Therefore, this issue is important to study in order to get a clear picture of the forms of legal protection that can be obtained by victims of domestic violence. The research approach is a qualitative approach with a normative juridical scientific approach, the data is in the form of secondary data sourced from statutory regulations and studies of Islamic jurisprudence literature. In the discussion it was revealed that: Firstly, the forms of legal protection in legislation are classified into: 1). Preventive action, namely a form of legal protection by clearly regulating the rights and obligations of husband and wife, this has been regulated in the Marriage Law and KHI. 1). Repressive action, namely a form of legal protection when domestic violence has occurred, then this falls into the category of criminal law where the perpetrator is threatened with a crime, this has been regulated in the 2004 Domestic Violence Law. Secondly, in Islam legal protection is more comprehensive, by regulating the laws between husband and wife, both laws relating to civil matters during and after divorce. Likewise, Islam clearly provides legal protection for victims of domestic violence, by enforcing hudud penalties for perpetrators of domestic violence.
TINJAUAN HUKUM ISLAM TERHADAP SISTEM KEWARISAN PADA MASYARAKAT BADUY DI INDONESIA Guspita, Devika Rosa; Sibawaihi, Muhammad
Jurnal AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 5 No 2 (2023): Volume 5 Nomor 2 Desember 2023
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v5i2.5469

Abstract

The background idea for this article arises from the complexity of the Baduy inheritance system which includes elements of custom, tradition and religion in the dynamics of inheritance. Therefore, this article aims to understand how Baduy inheritance law interacts with Islamic law, as well as how changes and adaptations occur in this system. This research methodology uses relevant legal theories, including the Theory of Unwritten Law or Urf theory, the Objectification Theory of Islamic Law by Kuntowijoyo, and Legal Change from Ibn al-Qayyim al-Jauziyah. Data was collected through in-depth interviews with members of the Baduy community, participant observation, and analysis of documents related to positive law and Islamic law. Data were analyzed using an interpretive approach. The research results show that Baduy inheritance law reflects their traditional and religious values, while also interacting with Indonesian positive law in certain respects. The conclusion of this research is that Baduy inheritance law is a real example of legal pluralism in Indonesia. The importance of recognizing and respecting Baduy inheritance law in reviewing Islamic law needs to be considered to maintain cultural and religious diversity in Indonesia.

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