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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 108 Documents
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IMPLEMENTASI KETENTUAN MASA IDDAH WANITA MENOPAUSE DI KABUPATEN KEDIRI Shodiqin, Mohammad
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.v6i2.7288

Abstract

Surah At-Thalaq verse 4 explains the iddah period for divorced women. However, the conception of the iddah period for menopausal women still prevails among the society. This research is focused on understanding the community's understanding of the conception of the iddah period for menopausal women in Surah At-Thalaq verse 4. Interviews are the primary means of data gathering in this qualitative approach. The results showed that people's understanding of the conception of the iddah period for menopausal women in Surah At-Thalaq verse 4 is still limited and sometimes misunderstood. Some respondents think that the iddah period for menopausal women is not needed because they cannot get pregnant anymore. However, additionally there are those who argue that the iddah period is still needed because it is a religious provision that must be followed. Therefore, there needs to be better socialization and education regarding the conception of the iddah period for menopausal women in Surah At-Thalaq verse 4 so that people can understand and practice it correctly.
PIDANA MATI PERSPEKTIF HUKUM ISLAM: ANTARA KEADILAN DAN HAK ASASI MANUSIA Dalle, Jumarni; Hasan, Hamzah; Haddade, Abdul Wahid
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.v6i2.7716

Abstract

The death penalty in Islamic law holds significant importance as a form of justice for serious crimes such as intentional murder, adultery by a married person, robbery, apostasy, and rebellion. From the perspective of Islamic law, the death penalty is not only intended to serve as a deterrent but also as a means to uphold justice for the victim, the victim’s family, and society at large. While there are views that associate the death penalty with violations of human rights, in Islamic law, its application is based on the principle of justice, which must be proportionate to the crime committed, while considering the public benefit. The application of the death penalty, whether as hudud, qishash, or ta'zir, demonstrates that justice in Islam is not only retributive but also preventive, aimed at maintaining social balance. This study aims to examine the application of the death penalty in Islamic law from the perspectives of justice and human rights. The findings show that the death penalty serves as an instrument of justice that protects the rights of society and victims from the threat of serious crimes, while upholding the principles of justice and public benefit in its implementation.
IMPLEMENTASI EUGENETIKA SEBAGAI ALASAN ABORSI MENURUT PERSPEKTIF HUKUM ISLAM Rahman, Harfiah; Daeng Materu, Ruslan; M.H, Mustafa
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.v6i2.7020

Abstract

This research discusses the concept of Eugenics, the factors that encourage the application of Eugenics as a reason for abortion, the impact of the application of Eugenics, as well as the view of Islamic law towards the application of eugenics as a reason for abortion. The research method used is qualitative using a normative and sociological approach. The data used in the research is secondary data sourced from primary legal materials and secondary legal materials. The research results show that the concept of eugenics is one of the reasons for the practice of abortion or termination of pregnancy to avoid the birth of babies with defects or genetic diseases. The justification for the practice of eugenics is to obtain normal offspring. Eugenics has an impact on the mother's physical and mental health. In Islam, a fetus is not yet fully categorized as a human being, but in some legal cases such as inheritance, Islam gives the right to the possibility of life. Because a fetus is the beginning of a living human being, a fetus that has been breathed into by God's spirit, then aborted, is considered haram by Islamic scholars. Meanwhile, in Islam there is no clear legal provision for aborting a fetus that has not been given a soul.
OPTIMALISASI POSYANDU REMAJA PERSPEKTIF STRUKTURASI GIDDENS DALAM MENCEGAH PERKAWINAN ANAK DI JEPARA Sadid, Muhammad Arfin; Choeri, Imron; Rosyada, Amrina
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.v6i2.7423

Abstract

This article discusses the optimization of Posyandu Remaja which is a Jepara Regency Regional Government program. This research aims to analyze the role of Posyandu Remaja in improving adolescent life skills and its potential in delaying child marriage using Giddens' structuration theory approach. This research uses qualitative methods with a sociological approach, located in several villages in Jepara Regency. Data was obtained through interviews, observation and documentation. The research results show that optimizing the role of Posyandu Remaja  can be achieved through increasing socialization, innovative activities, and delivering more relevant material. By actively involving teenagers in activities, this program can be more effective in supporting youth empowerment and delaying marriage until a more mature age.
PENYELESAIAN KDRT BERBASIS RESTORATIVE JUSTICE PADA KEPOLISIAN RESORT SINJAI PERSPEKTIF HUKUM ISLAM Nofianggira, Rezky; Hamzah, Hamzah; Nawawi, Jumriani
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.v6i2.7082

Abstract

This research examines the problem of domestic violence within the Sinjai Police Department. The aim of the research is to reveal the views of Islamic law on the mechanism for resolving domestic violence using the theory of restorative justice within the Sinjai Police Department. Qualitative research method with a normative and empirical approach, supported by primary data sourced from interviews, observation and documentation. As well as, secondary data sourced from legislation, National Police Regulations, the Koran, and related literature. The research results show that: First, the mechanism for resolving domestic violence cases using a Restorative Justice approach at the Sinjai Police is through the stages of complaints/reports from the public, providing victim protection, then investigators taking statements from victims or witnesses, and conducting an investigation of the crime scene. After that a case was filed. Apart from that, investigators use mediation. If you agree to make peace, a statement letter will be made to maintain the unity of the family, and the investigation will be stopped as part of restorative justice efforts. Second, the mechanism for resolving domestic violence cases using restorative justice from an Islamic legal perspective as an effort to provide the best for perpetrators and victims in accordance with the justice they expect. Whether the decision to reconcile or divorce has also been regulated in the Koran and is in accordance with the restorative justice mechanism.
PENGATURAN LEGITIME PORTIE TERHADAP KEWARISAN ANAK LUAR NIKAH MENURUT KUHPERDATA DAN KOMPILASI HUKUM ISLAM Prasetya, Agung; Rahmawati, Rahmawati; Basri, Rusdaya; Rusdianto, Rusdianto; Sunuwati, Sunuwati
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.v6i2.7382

Abstract

This article discusses the issue of legal inheritance for illegitimate children in inheritance law, where there are differences in the national legal system in Indonesia. According to customary law, it is permissible to give equal rights to adopted children, Islamic law allows obligatory wills, and civil law allows inheritance through gifts. The concept of legitime portie, or forced inheritance, exists to protect heirs from losing their inheritance rights. However, in its implementation there were several obstacles, for example in the case when the court confirmed a will to bequeath all assets to one of the sons, even though there were other legal heirs, based on considerations of Article 832 of the Civil Code and local customary law. Civil Code, the inheritance rights of children outside of marriage to their biological father are very dependent on legal recognition. Without this recognition, the legal inheritance relationship between the two does not exist. In contrast, in the Compilation of Islamic Law (KHI), the lineage of illegitimate children only follows the mother's line.
FAKTOR PENYEBAB PERKAWINAN ANAK DI KABUPATEN MAJENE MENURUT PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF Supriadi, Supriadi; Ansar, Lukman; Ridwan P, Muh.
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.v6i2.7181

Abstract

This article examines the factors causing the increase in child marriage in Majene Regency, West Sulawesi Province from 2018 to 2022. Apart from aiming to determine the factors causing child marriage, another aim of this research is to determine the impact of child marriage in Majene Regency. The type of research used was qualitative, which was carried out in Majene Regency, West Sulawesi Province. The approach used is theological-normative and juridical-sociological. Data collection techniques through interviews and documentation. Meanwhile, the analysis used is qualitative descriptive analysis. The research results show that: 1). The main factors causing the increase in child marriage in Majene Regency are: (a) School dropout factor. This is due to a lack of knowledge, so it is easily influenced by the environment; (b). Social factors, such as uncontrolled teenage relationships, which result in teenagers' tendency to marry quickly at a young age; (c). Economic factors, economically disadvantaged families encourage child marriage, with the assumption that marrying their children can help the family's economy. 2). The impact of child marriage according to Islamic law and positive law, including: a). reproductive health impacts, potentially threatening the lives of mother and child when giving birth; b). The mental and psychological impact, because child marriage is a burden on children, is something they are not yet able to face mentally. With so many harms resulting from child marriage, according to Islamic law and positive law, child marriage must be prevented and prohibited from occurring.
TELAAH KRITIS PASAL 209 KOMPILASI HUKUM ISLAM INDONESIA TENTANG WASIAT WAJIBAH PERSPEKTIF FIKIH ISLAM Hidayah, Nur Baiti
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.v6i2.7414

Abstract

This article examines Article 209 KHI in Indonesia, regarding the regulation of the share of assets for adopted children and/or adoptive parents. This research aims to explain the differences in giving inheritance or legacy assets intended for adopted children and adoptive parents in Islamic Jurisprudence and KHI in Indonesia. This research is normative research with qualitative descriptive analysis. The results of the research show that in Islamic jurisprudence, if the deceased (heir) does not leave a will for the adopted child or adoptive parents, then there is no will regarding the share of assets for the child or adoptive parents. However, in Article 209 KHI, the provisions for granting mandatory (automatic) wills apply to adopted children or adoptive parents with a maximum share of 1/3 of the testator's inheritance. Understanding the differences in provisions between KHI and Islamic jurisprudence can be analyzed by looking at the context of child adoption in the early days of Islam and the context of adoption in Indonesia. In the early days of Islam, adoption was only aimed at helping the child. However, current adoption practices in Indonesia emphasize the formal legality aspects of adoption. So in practice adoption is mandatory through a court process and has legal consequences, one of which is the share of the heir's inheritance through a mandatory will.
PEMIKIRAN KH. HUSEIN MUHAMMAD TENTANG KONSEP MU’ĀSYARAH BI AL-MA’RŪF DALAM MEMBINA RUMAH TANGGA Safika, Siti Nurul Aina; Syamsulbahri, Andi; M.Sos, Fajar
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.v6i2.7191

Abstract

This research examines the concept of mu'āsyarah bi al-ma'rūf according to KH. Hussein Muhammad. Aims to determine the urgency of the concept of mu'āsyarah bi al-ma'rūf in building a Muslim family. This research uses a qualitative approach, with secondary data sourced from literature, such as books, books, journals from the figures being researched. Data analysis uses qualitative descriptive methods. The results of this research show that mu'āsyarah bi al-ma'rūf according to KH. Husein Muhammad is divided into three realms, namely: the economic realm which includes mu'āsyarah bi al-ma'rūf in marriage (dowry and living), mu'āsyarah bi al-ma'rūf in sexual relations and mu'āsyarah bi al-ma 'rūf in human relations. The urgency of implementing mu'āsyarah bi al-ma'rūf in building a household is a reflection for the generation that will continue family life. So the concept of mu'āsyarah bi al-ma'rūf is very important to implement, so as to create a quality, loving, humanist and peaceful society.
KEKERASAN DALAM RUMAH TANGGA PERSPEKTIF HUKUM ISLAM DAN HUKUM PUBLIK Patawari, Andi Yusri; Ridwan, Saleh; HL, Rahmatia; Rahmawati, St.
Jurnal AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 7 No 1 (2025): Volume 7, Nomor 1, Juni 2025
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v7i1.7022

Abstract

The issue of domestic violence has received relatively little attention among legal experts, both in terms of regulation and implementation. This paper aims to raise awareness and explore the extent to which Islamic legal norms and public law align with the spirit of anti-violence, particularly within the household. This study employs a normative juridical approach. Data were collected through documentation techniques, focusing on Islamic legal literature such as the Quranic texts and Hadith, as well as classical fiqh texts and statutory regulations currently in force in Indonesia. The study reveals that acts of domestic violence are prohibited in Islam, which is consistent with the anti-violence principles embedded in Indonesian legislation related to acts of violence.

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