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INDONESIA
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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KONSEPSI KELUARGA SAKINAH BAGI KELUARGA PERANTAU DI DESA REJOAGUNG KABUPATEN JOMBANG PERSPEKTIF MASLAHAH IMAM AL-GHAZALI Afiat, Irfan; H.Noho, Muhammad Dzikirullah
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.v7i1.7615

Abstract

This research analyzes the strategies employed by wives in Rejoagung Village to maintain family harmony while navigating long-distance relationships due to their husbands working away from home. The study adopts a qualitative method with a case study approach, conducting in-depth interviews with five informants. The findings reveal that regular communication through phone calls, video calls, and text messages serves as the primary strategy to sustain emotional connection. Trust, moral support, and celebrating important moments such as birthdays also strengthen relationships, albeit virtually. These findings are examined within the framework of Al-Ghazali’s thought, particularly the concept of maslahah mursalah, which aligns with the principles of maqasid al-shariah. Communication strategies are associated with hifz al-nafs (protection of the soul), while trust and moral support relate to hifz al-nasl (protection of progeny) and hifz al-mal (protection of wealth). The study concludes that Islamic principles remain relevant in guiding Muslim families to address modern challenges such as long-distance relationships by applying shariah values that are both flexible and grounded in maqasid al-shariah.
LEGISLASI PRODUK HUKUM ISLAM: PROSES, TANTANGAN, DAN IMPLEMENTASI DI INDONESIA Heriana, Heriana; Hasan, Hamzah; Musyahid, Achmad
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.v7i1.7908

Abstract

This article examines the products of Islamic legal thought, which have a broad impact on Muslim communities and can serve as a strong foundation for legal principles. The aim of this study is to explore the existence, issues, and application of Islamic legal instruments within the legal system. The research employs a qualitative method, utilizing bibliometric and textual approaches, along with descriptive analysis.The findings reveal that Islamic law has developed in Indonesia through the products of four schools of legal thought: fiqh (Islamic jurisprudence), fatwas by religious scholars, court decisions (ijtihad), statutory regulations, and sociological legal theories. The challenges in legislating Islamic legal thought in Indonesia include low legal awareness, discrimination, the pluralistic legal system, internal debates among Muslims, lack of education, and political dynamics. Addressing these challenges requires an integrative approach involving all elements of society to foster better understanding and support for the implementation of Islamic law within the national framework.
PROBLEMATIKA PERKAWINAN USIA DINI MASYARAKAT KABUPATEN SIDRAP Anwar, Wirani Aisiyah; Jumiyati, Jumiyati; Hakim, Abd.; Wahyu, A. Rio Makkulau
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.v7i1.8145

Abstract

This study identifies the issue of early marriage in Sidrap Regency by exploring the factors influencing the tendency for marriage at a young age. Using qualitative research methods such as in-depth interviews and participatory observation, the author analyzes the social, economic, and cultural impacts that drive early marriage. The findings reveal that social pressure from the community, gender inequality, and limited access to education are the main factors influencing the decision to marry at an early age. Declining education levels, traditional views, and social norms that regard early marriage as a solution to economic problems further exacerbate the situation. This research provides important insights for the government and stakeholders in designing more effective policies to prevent early marriage. The findings are also expected to contribute to a deeper understanding of the challenges faced by the Sidrap community, as well as guide efforts to protect the rights of children and adolescents from early marriage.
HAK-HAK PEREMPUAN PASCA PERCERAIAN: PERBANDINGAN HUKUM KELUARGA ISLAM DI INDONESIA DAN MESIR Ahmad, Farouq Ali; Rahmawati, Rahmawati; Said, Zainal; Fikri, Fikri; Bakri, Muhiddin; Basri, Rusdaya
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.v7i1.8328

Abstract

This research discusses women's rights after divorce by comparing Islamic family law in Indonesia and Egypt. The main focus of this research is to answer three questions: 1) how are women's rights post-divorce regulated in Indonesia, 2) how are the same arrangements in Egypt, and 3) comparative analysis between the two countries. The research uses a library method (research library) with a normative juridical approach and data collection techniques through document study. The research results show that in Indonesia, Islamic family law aims to protect women's rights through iddah, mut'ah and madhiyah livelihoods. However, enforcing these rights often faces challenges. In Egypt, Law no. 100 of 1985 provides similar protection, including the right to divorce and maintenance during the iddah period, although its implementation is hampered by social and cultural factors. A comparison between the two countries reveals similarities and differences in the arrangement of these rights. The husband's obligation to provide maintenance during the iddah period in Indonesia is flexible and determined by the court, whereas in Egypt it is more strict. Mut'ah in Indonesia is considered a respect that is not always required, while in Egypt it is the wife's right. In terms of joint assets, Indonesia considers all assets during a marriage to be jointly owned with division based on agreement, while Egypt considers the contribution of each party. This difference is influenced by economic factors, local culture, as well as regulations on interfaith marriages which are prohibited in Indonesia but exist in Egypt.
MEMAKNAI PRIBAHASA BUGIS “MAKKALU DAPURENG WEKKA PITU” DALAM HUKUM ISLAM Hasri, Muammar; Maharani, Erzi Aurelia; M.H, Mustafa
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.v7i1.8495

Abstract

This article was written based on the famous Bugis Bone proverb "aja mubotting narekko depa mullei makkaluriwi Dapure'ng wekka pitu (don't marry if you can't go around the kitchen seven times), this article aims to find out the meaning of the Bugis proverb Makkalu Dapure'ng Wekka Pitu according to Islamic law. The main topic of discussion that will be analyzed in this article is what is the meaning contained in the Makkalu Dapure'ng Wekka Pitu proverb and what is the Islamic Law view of this proverb. This research is library research. The results of this research show that the Bugis community has a language that is full of meaning. Pappaseng tau riolo (message from the ancestors) namely "aja mubotting narekko depa mullei makkaluriwi Dapureng'e wekka pitu (don't marry if you can't go around the kitchen seven times) shows that marriage is not only about love, but also about a man's responsibility -men to their wives to provide all the necessities of life both in terms of physical needs and biological needs, apart from that in Islamic law it is also very clear that it is stated that the husband is obliged to provide support for his wife and children in an appropriate manner.
TRANSAKSI JUAL BELI ITEM VIRTUAL DALAM GAME ONLINE DENGAN SISTEM GACHA PERSPEKTIF FIQH MUAMALAH M.H, Muspitasari; Setiawan, Ageil; Djabbar, Yusuf
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.v7i1.8498

Abstract

This article examines the legal standing of buying and selling virtual items in online games that use the Gacha system, which often involves loss and uncertainty (Gharar). The Gacha system in online games typically begins when a player, acting as the buyer, performs a top-up to purchase items (in-game currency exchange) from a top-up provider acting as the seller. The virtual goods obtained are then exchanged for Gacha tickets; however, during this process, buyers are not guaranteed to receive the items they desire. Instead, they receive items based on predetermined probability rates outlined in the game's terms. Players require in-game currency to spin or draw from the Gacha in order to use this method. Essentially, a contract must be based on mutual consent of the parties involved, but this method introduces various levels of uncertainty into the transaction. The use of the Gacha system in online games for buying and selling is prohibited in Islamic commercial jurisprudence (fiqh muamalah) because it violates one of the essential pillars and conditions of a valid sale—namely, that the item received does not match what was intended or expected. This means the transaction contains elements of gharar, which is prohibited in Islam and renders the sale invalid under fiqh muamalah.
DAMPAK PENCERAIAN ORANG TUA TERHADAP MOTIVASI BELAJAR ANAK DI DESA TADDAN TENGGAH KAB. SAMPANG Rofi'ah, Rofi'ah Ofi; Misriyah, Misriyah; Andriyani, Nova; Nur Aini, Yuli
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.v7i1.8865

Abstract

This research is motivated by the impact of parental divorce on children, resulting in the loss of important role models or examples for them. The psychological well-being of children is also disturbed, and they feel disappointed, which in turn affects their motivation to learn. The aim of this study is to investigate the impact of parental divorce on children's motivation to learn in Kampung Kebbun, Taddan Tenggah Village, Camplong District, Sampang Regency. The research method used is qualitative with a descriptive approach, and data collection techniques include observation, interviews, and documentation. Data analysis is conducted interactively. The results of this study, based on observations and interviews, show various impacts of parental divorce on children's motivation to learn. Some children who experience divorce still have high motivation to learn, although sometimes they experience unstable emotions and show independent traits. However, some children experience negative impacts such as decreased motivation to learn, lack of enthusiasm or laziness in learning, lack of concentration, lack of attention from parents leading to cessation of learning, uncontrollable emotions, and feelings of resentment. The conclusion of this study is that in Kampung Kebbun, Taddan Tenggah Village, Camplong District, Sampang Regency, the impact of parental divorce on children's motivation to learn includes decreased enthusiasm for learning, lack of enthusiasm in learning, and a tendency to become lazy in learning. As a recommendation, parents are advised to continue to provide adequate attention to their children, especially when they are studying, and to provide the necessary support and motivation to build their children's motivation to learn.
FENOMENA CHILDFREE DALAM RUMAH TANGGA MUSLIM: TINJAUAN HUKUM KELUARGA ISLAM DAN HAK REPRODUKSI Jasmin, Suriah Pebriyani; Syahrul, Muhammad
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.v7i1.8869

Abstract

The childfree phenomenon, or the conscious decision to remain childless, has emerged in contemporary Muslim family discourse. This decision is often viewed as a form of individual rights recognition, yet it also raises controversy within the context of Islamic family law, which emphasizes the importance of offspring in marriage. This article aims to examine the childfree phenomenon from the perspective of Islamic family law and reproductive rights, and assess the extent to which this choice aligns with or contradicts the maqāṣid al-syarī‘ah, particularly in the context of marriage objectives and the protection of lineage. This study employs a normative-qualitative approach by analyzing various sources of Islamic law, contemporary fiqh, and the views of scholars on reproductive rights and the purpose of marriage in Islam. The findings indicate that although Islam strongly emphasizes the importance of procreation through marriage, the decision not to have children (childfree) is not automatically contrary to Shari‘ah. Such a decision, when made with clear consideration of maslahat (public interest) and without harm to others, may be regarded as permissible within Islamic law. This research proposes the need for an adaptive and responsive Islamic legal approach to contemporary social dynamics, while still upholding deep ethical principles of Islam, particularly in safeguarding family and societal values. Thus, childfree can be understood as a legitimate choice if it aligns with the principles of maslahat in the context of Muslim family life.
MENGURAI ASPEK HUKUM KEWAJIBAN BERAGAMA/ MENGANUT KEPERCAYAAN DI INDONESIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 146/PUU-XXII/2024 Huroiroh, Ernawati
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.v6i2.8943

Abstract

Freedom of religion and belief is a human right guaranteed by the Indonesian Constitution, as enshrined in Article 28E paragraph (1) of the 1945 Constitution. This article examines the legal aspects of religious obligations in Indonesia following the Constitutional Court Decision No. 146/PUU-XXII/2024. The decision marks a significant milestone in safeguarding individual rights to religious identity without discrimination, particularly concerning the inclusion of religion in state administrative documents such as the Identity Card (KTP). Through a normative juridical approach, employing statutory and conceptual frameworks, this article analyzes the legal implications of the Constitutional Court’s ruling on administrative practices and the protection of citizens’ constitutional rights. The analysis reveals that the decision broadens the scope for the recognition of beliefs outside the six official religions and paves the way for more inclusive state policy reforms. In addition to establishing a new legal foundation, the ruling also triggers social dynamics and resistance from conservative groups. Therefore, the role of the state in harmonizing legal policies with the values of pluralism and tolerance becomes crucial in ensuring full religious freedom in Indonesia.
RELEVANSI MAQĀṢID AL-SYARĪ’AH DALAM KONTEKS HUKUM ISLAM KONTEMPORER: SEBUAH KAJIAN TEORITIS DAN APLIKATIF S, Samsidar; Supardin, Supardin; Dalle, Jumarni; Ishak, Nurfaika; Suhartati, Suhartati
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.v7i1.9333

Abstract

The objective of this study is to explore and analyze the application of maqāṣid al-syarī'ah in the context of contemporary Islamic law, with a focus on how maqāṣid principles can be applied to address the challenges faced by Islamic law today. In an era of globalization and rapid social change, many aspects of Islamic law need to be adapted in order to remain relevant and responsive to the needs of modern society.. The aim of this research is to explore and analyze the application of maqāṣid al-syarī'ah in formulating fairer and more relevant laws, as well as to provide applicable examples of how these principles can be used in real cases, such as family law and sharia economics. Using a kualitatif approach, this study analyzes relevant literature and legal documents. The results indicate that the application of maqāṣid al-syarī'ah can not only improve adherence to Islamic law but also provide innovative solutions for complex contemporary problems. It is hoped that this research can make a significant contribution to the development of Islamic law that is more responsive and inclusive, as well as strengthening understanding of maqāṣid al-syarī'ah in a modern context.

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