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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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PENEGAKAN KEADILAN HAKIKI DAN KETANGGUHAN KELUARGA, PEREMPUAN DAN ANAK DALAM PERSPEKTIF PARENTING GUS DUR Jufri, Jumadi bin; Tarmizi, Tarmizi bin; Salman, Aulia Salman binti
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.v6i1.6316

Abstract

This study aimed to discuss the enforcement of essential justice and the resilience of family, women and children in Gus Dur's parenting perspective. The method used in this research is descriptive analytical with a qualitative approach and data collection techniques through literature studies and articles and the results of parenting seminars while the data analysis technique used content analysis. The results and discussion of this study provided a new breakthrough on the concept of a just, essential and resilient household life of women and children through the concept of literacy strengthening parenting, visionary parenting, theoretical and practical religious knowledge, the need for reading or books, development of resilience soft skills and education. honest character. This research is recommended for academics and institutions related to strengthening household justice and resilience so that they are disseminated or held in seminars to the public and become public policy on local government policies.
PERBANDINGAN SANKSI PIDANA PELAKU SEKS BEBAS DALAM QANUN ACEH DAN KUHP INDONESIA Latif, H. Jalil; had, Abunawas
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.v6i1.5017

Abstract

            The study was intended to analyze the existence of criminal sanctions against premarital sex in a legal perspective on qanun in aceh and Indonesia's positive laws. Premarital sex is sexual behavior outside the bonds of marriage that conflict with religious values and social norms. Premarital sex offenders can be punished on the basis of qanun's laws in aceh and Indonesia's positive laws. The study uses normative research methods by analyzing qanun aceh resources and Indonesia's positive laws relating to criminal sanctions against premarital sex. Criminal penalties used in qanun's law in aceh involve a maximum flogging of 100 times. On the other hand, Indonesia's positive laws also set out criminal penalties against sexually promiscuous people. However, there is an approach between qanun's law in aceh and Indonesia's positive laws on premarital sex management. Qanun aceh focuses more on aspects of religion and morals, while in the context of Indonesia's positive laws which have a diversity of religion and culture, the implementation of criminal sanctions against sexually premarital sex should also be concerned about the principle of justice and religious freedom.
ISTIHSAN: Interconnection Of Traditional And Contemporary Thought Kholik, Abdul; Mustofa, Mustofa
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.v5i2.5500

Abstract

Istihsan, as one of the methods of legal interpretation in usul fiqh, has long been a focus of attention in the study of Islamic law. This research aims to compare the concept of istihsan across various sources of usul fiqh through the methodology of literature review. The results of this research is that the understanding of istihsan in different sources of usul fiqh exhibits variations but shares a common goal of applying legal flexibility in specific contexts. The research employs a literature review methodology to identify and analyze relevant literature on istihsan from various sources of usul fiqh. The initial step involves the identification of literature, including books, scholarly articles, and other reliable sources. Subsequently, a literature analysis is conducted to identify differing perspectives in understanding istihsan, including the approaches used by scholars from different schools of thought. This research provides deeper insights into how istihsan is applied in various contexts of usul fiqh, utilizing the literature review methodology. As a result, this study encourages a better understanding of the connection between traditional comprehension and the application of istihsan in responding to changes and complexities in modern society.
APLIKASI MAá¹¢LAHAH MULGAH SEBAGAI METODE ALTERNATIF PENETAPAN HUKUM PROGRESIF Maimun, Maimun; Muslim, Muslim; Kurniati, Herlina
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.v6i1.6310

Abstract

This article examines maṣlahah mulgah as an alternative method of establishing progressive law, in resolving contemporary legal cases in Indonesia. The problem is that maṣlahah mulgah has so far been underestimated in the ushul fiqh method. The research approach used is qualitative, with a literature study on the application of maslahah mulgah, rules or norms in Islamic law. Meanwhile, the analysis techniques used are qualitative content analysis and holistic interpretation. The results of the discussion show that Maṣlahah mulgah can be applied to contemporary legal problems that continue to occur in various aspects by considering the dimensions of the spirit of shari'ah, maqaṣid al-syari'ah, maṣlahah al-'ammah, and tagayyur al-azminah da al-amkinah, especially on legal problems that fima la naṣṣa fih, and sukut al-Syari 'an syar'iyyah al-'amal ma'a qiyam al-ma'na al-muqtaḍa lah. Therefore, one alternative method of progressive ijtihad is maṣlahah mulgah
PEMBATALAN HIBAH PERSPEKTIF TEORI MASLAHAH: Analisis Putusan Pengadilan Agama No. 955/PDT.G/2021 Arbanur Rasyid
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.v5i2.5497

Abstract

This study aims to examine the considerations of religious court judges in examining and deciding grant cancellation disputes. This study will analyze the decision of the Religious Court regarding the cancellation of grants in terms of maslahah. This study uses qualitative normative legal research. While the approach used is statutory and conceptual approach. The data sources used are primary data sources consisting of decisions from the Religious Courts, compilations of Islamic law, books of civil law laws, compilations of sharia economic laws. Meanwhile, secondary sources of law consist of books of Islamic jurisprudence, law books, and scientific journal articles. The results of this study indicate that the panel of judges examining cases of disputes over the cancellation of dominant gifts applies article 35 paragraph 1, article 36 paragraph I law number 1 of 1974 concerning joint assets and article 1338 of the civil law code concerning agreements/agreement, thus ignoring Article regarding the permissibility of withdrawing the grant object even though the grant is without the approval of other heirs. Meanwhile, according to the theory of maslahah initiated by al-Ghazali that the decisions of the Religious Courts made by the panel of judges are ideally to realize the concept of maqasid sharia, namely maintenance of property and offspring. Thus, it can avoid negative impacts that will occur in family relationships, such as the relationship between parents and their heirs.However, according to Hans Kelsen's theory of justice, the considerations made by judges in deciding cases of cancellation of grants tended to be inconsistent in the application of the applicable legal system, so that according to him, the intended sense of justice had not been fully fulfilled.
PERBEDAAN FARDHU DAN WÂJIB MENURUT MAZHAB FIQH Shohibul Wafa Tadzul Arifin; Mustofa Mustofa
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.v5i2.5525

Abstract

This article discusses the differences between the concepts of Fardhu and  wâjib in ahkamul khamsah, by analyzing the opinions of madhhab scholars. This study uses a normative method with a literature review sourced from the books of fiqh scholars. The results of the analysis show that the majority of fuqaha equate wâjib and fardhu at the term and application level even though they differ in naming. However, the madhhab Hanafi believes that there is a special term in the case of worship which makes wâjib and fardhu different.
TEORI SYAHADAT DAN TEORI EKSISTENSI HUKUM ISLAM DALAM UPAYA LEGISLASI HUKUM ISLAM DI INDONESIA S.H, Jumarni; M.Sos, Fajar
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.v6i1.5228

Abstract

This article examines the position of the Shahada theory and the theory of the existence of Islamic law and their implications in the process of Islamic law legislation in Indonesia. This article uses a qualitative-normative approach with descriptive analysis techniques, the data in the article comes from processed secondary data, in the form of a literature review from various references related to the discussion. The results of the discussion in this article are: First, the theory of the Creed is a theory that requires the implementation of Islamic law by those who have uttered two sentences of the shahada, as a logical consequence of pronouncing their creed. Second, the theory of Existence, namely the theory which states that Islamic law in Indonesia: (1) Exists (exists) as an integral part of national law, (2) Exists independently, in the sense that its strength and authority is recognized as national law and given status as law. national law, (3) exist in the sense of Islamic legal norms as a filter for national law materials, and (4) exist as material and the main source of national law. Third, the presence of the theory of the application of Islamic law in Indonesia, especially the theory of shahada and the theory of existence, provides an opportunity for Islamic law to grow and develop in Indonesia.
PEMISAHAN BERKAS PERKARA (SPLITSING) DALAM TINDAK PIDANA KORUPSI PERSPEKTIF HUKUM ISLAM Manik, Khatherine Sesilia; Putri, Shellya Eka; Simatupang, Septian Arjuanda Putra; Sianipar, Tiominar; Siahaan, Parlaungan Gabriel; Lbn Batu, Dewi Pika
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.v5i2.5438

Abstract

Splitting a case file is defined as the act of creating a new case file with more than one defendant. The purpose of the research is to find out the rationale for splitting cases, the legal basis, the impact and challenges in the implementation of splitting cases. The method used in this research is descriptive normative legal research with data collection techniques through observation at the Medan District Court and collection of written references. Splitsing is regulated in the provisions of Article 142 of the Criminal Procedure Code, but in the case of corruption in the Medan District Court it is true that the prosecutor split the case but in the trial the case was merged in accordance with the provisions of Article 141 of the Criminal Procedure Code, this was done so as not to conflict with the legal principle of contante justitie (fast, simple and low cost justice). Splitting will only complicate and slow down the trial process and even cause convoluted trials so that the principle of contante justitie is not fulfilled. In addition to the impact of splitsing, there are also challenges in its implementation, namely the possibility of defendants in other cases helping each other in their testimony so as not to incriminate the final decision of the crime and the violation of the defendant's human rights, namely the principle of non-self-incrimination.
PROBLEMATIKA PENYANDANG DISABILITAS DALAM PELAKSANAAN BIMBINGAN PERKAWINAN DI KUA KECAMATAN TALANG KABUPATEN TEGAL Islam, Hamzah nur; udin, ahmad komar; subekhi, Muhammad abdulah
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.v6i1.5860

Abstract

This article discusses the problem of implementing marriage guidance for people with disabilities at the KUA Talang District, Tegal Regency. At the research location, 5 cases were found from 2003 to 2019. The research approach used was a case study, with data collection techniques using interviews, observation and documentation methods. The data analysis technique uses qualitative descriptive.The results of the research show that the implementation of marriage guidance for prospective brides with disabilities at KUA Talang is largely in accordance with the decision of the Director General of Islamic Community Guidance No. 189 of 2021. Then the obstacle in implementing marriage guidance for prospective brides with disabilities at KUA Talang is the lack of sign language interpreters for deaf people, guidance modules that do not meet the needs of people with disabilities, especially blind people requiring modules with brilliant letters, as well as a lack of infrastructure and implementation of guidance along with marriage sermons that are too short. Also, there is no issuance of marriage guidance certificates.
HUKUM PRIVAT ISLAM TERHADAP PERNIKAHAN DINI PERSPEKTIF SOSIAL BUDAYA S, Samsidar; Misbahuddin, Misbahuddin; Kurniati, Kurniati
Jurnal AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 6 No 2 (2024): Volume 6, Nomor 2, Desember 2024
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v6i2.7715

Abstract

Child marriage is a complex and multidimensional social issue occurring in various parts of the world, including Indonesia. This phenomenon is influenced by diverse cultural norms, social pressures, and economic conditions. The practice of early marriage is often regarded as a deep-rooted tradition, where marrying off young girls is seen as a way to protect family honor and reduce economic burden. Although there are laws regarding the minimum age for marriage, their implementation is often inconsistent, and cultural norms frequently dominate. This research employs a qualitative approach to analyze early marriage from cultural, social, and Islamic private law perspectives. Data were collected through literature studies, including books and journals, to produce a comprehensive understanding of this issue. The analysis results indicate that early marriage negatively affects the quality of education and life for adolescents, their health, and contributes to the cycle of poverty. Therefore, this research advocates for a holistic approach involving all stakeholders to protect children's rights and reduce the practice of early marriage in society.

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