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Jurnal Ilmiah Ahwal Syakhshiyyah (JAS)
Published by Universitas Islam Malang
ISSN : -     EISSN : 27147398     DOI : 10.33474
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Ilmiah Ahwal Syakhshiyyah (JAS) is the scholarly journal that publishes original and contemporary researches and thoughts concerning with: Islamic Law Family Studies Marriage Inheritance Gender Human Rights
Arjuna Subject : Ilmu Sosial - Hukum
Articles 108 Documents
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KHITBAH SANTRI JAMA’AH TABLIGH DI PONDOK PESANTREN AL-FATAH TEMBORO KABUPATEN MAGETAN Khotami, Dewi Afifatul; Samsukadi, Mochamad; Makmun, Moh
JAS : Jurnal Ahwal Syakhshiyyah Vol 5 No 1 (2023): Jurnal Ilmiah Ahwal Syakhshiyyah (JAS)
Publisher : Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jas.v5i1.18200

Abstract

This study starts from the framework of thinking that the sermon carried out by the Tablighi Jama'ah santri at the Al-Fatah Islamic Boarding School Temboro, Magetan Regency, is a form of the sermon process that applies legal rules and regulations such as the prevailing Islamic law or fiqh munakahat. For this reason, at the beginning of starting the intention to preach from the male students, sowan came to meet the Kyai, Ahlu Shuro' (a legal expert in discussing a problem with the muftis to produce a fatwa by means of ijtihad). After that proceed to the nadzor process (seeing potential partners) with the aim of not causing regret between the two parties in the future when the marriage contract occurs. Besides that, the santri sermon at Pondok Al-Fatah Temboro not only runs perfectly, there are also problems with cancellation or termination of the sermon either by one party or both parties directly canceling it due to the factors that influence it. The purpose of this study is to find out how the preaching of the Tablighi Jama'ah santri at the Al-Fatah Islamic Boarding School Temboro and to find out the form of relevance of the sermon in Islamic law. This study uses a qualitative approach or field research with the miles and huberman method.
PERTANGGUNGJAWABAN TINDAK PIDANA TURUT SERTA SEBAGAI MATA PENCAHARIAN MEMPERMUDAH DILAKUKANNYA PERBUATAN MELANGGAR KESUSILAAN OLEH ORANG LAIN DENGAN ORANG KETIGA Puspa Ramadhani, Dea; Hartono, Bambang; , Ansori
JAS : Jurnal Ahwal Syakhshiyyah Vol 5 No 1 (2023): Jurnal Ilmiah Ahwal Syakhshiyyah (JAS)
Publisher : Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jas.v5i1.19427

Abstract

Prostitution is widespread in Indonesia like other forms of a moral crime, and cyberspace is no exception. Internet crimes related to prostitution are increasing along with the rapid advancement of (online) technology. In the case of pimps related to prostitution, the unlawful act of allowing others to commit acts of violating decency by a third person can be seen in the Decision of the Supreme City District Court Number: 144/Pid.B/2022/PN. Kot. This normative juridical research is carried out by classifying various related legal materials, then the legal materials are described and evaluated qualitatively; systematically compiled to give an overview and draw certain conclusions as problem solving. The results showed that economic factors play an important role in motivating perpetrators to engage in criminal behavior and making it easier for other perpetrators to commit immoral acts with others. Some of the factors that cause prostitution include lack of education (those who do not go to school are more likely to engage in prostitution) and lack of public legal awareness (what is prohibited in the Criminal Code is not always clear to society).
COMPARATIVE STUDY OF THEORY MAQASID AL-SHARI'AH MEMORIAL AHMAD AL-RAYSUNI DAN JASSER AUDA Amin, Muhammad Syamsul; Agustar, Armi
JAS : Jurnal Ahwal Syakhshiyyah Vol 5 No 1 (2023): Jurnal Ilmiah Ahwal Syakhshiyyah (JAS)
Publisher : Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jas.v5i1.19434

Abstract

  Ahmad al-Raysuni and Jasser Auda are two contemporary Muslim intellectuals who focus on exploring the theme of maqasid al-shari'ah. Even though they both pursue maqasid themes, both al-Raysuni and Auda represent their own different styles of thought. Al-Raysuni represents the traditional maqasid style of thought that was introduced and developed by previous scholars. Whereas Auda represents a modern maqasid style that carries the spirit of a contemporary era which is completely different from traditional views. Academically, the differences above indicate the existence of different methods in understanding and applying the theory of maqasid al-shari'ah. Therefore, researchers feel intrigued to explore and examine the extent to which the methods differ from the two. Departing from this anxiety, the researcher wishes to compare the views of Ahmad al-Rasysuni and Jasser Auda on maqasid al-Syari'ah. The type of this study is literature or literature review, the approach used is comparative; by mapping the thoughts of the two figures in terms of the determination method maqasid al-shari'ah. The object of the study is the thoughts of the two figures, and the research data is obtained from books written by both of them and related journals. From this study the authors found several things, namely: First both al-Raysuni and Auda both based their thoughts on classical sources of Islamic law regarding maqasid al-shari'ah. Second, al-Raysuni adheres to the study of classical maqasid and contextualizes it to the modern world with theoryfikr maqasidi andtaqrib-taglibnya, while Auda reconstructs the maqasid as an approach "ushul al-fiqh new” on Islamic law, and found six features of the system: cognition, wholeness, openness and self-renewal, hierarchical relationships that influence each other, are multi-dimensional, and always refer to the main goal. Third, if we map the tendency of both deep thought maqasid al-shari'ah, then al-Raysuni is closer to Neo-Traditionalism, while Auda is closer to post-postmodernism. Keywords: Al-Raysuni, Auda, maqasid al-syari'ah.
MU’ASYARAH BIL MA’RUF SEBAGAI ASAS PERKAWINAN Hilmi, Ismi Lathifatul
JAS : Jurnal Ahwal Syakhshiyyah Vol 5 No 1 (2023): Jurnal Ilmiah Ahwal Syakhshiyyah (JAS)
Publisher : Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jas.v5i1.19624

Abstract

Today the public is made aware of domestic problems through social media or through interactions with neighbors. Fulfilling each other's rights and responsibilities in the household is very important. The term mu'asyarah bil ma'ruf is used to describe this whole privilege and responsibility. The purpose of this study is to provide an explanation of the Islamic principle of marriage known as mu'asyarah bil ma'ruf, which requires a series of responsibilities and privileges for each family unit. This article takes an approach based on the Qur'an and Hadith by mentioning a number of postulates about mu'asyarah bil ma'ruf. This research resulted in a point of view of understanding drawn from the Qur'an and hadith through its interpretation of mu'asyarah bil ma'ruf where mu'asyarah bil ma'ruf is a concept of interdependence between husband and wife to present every good deed in the household when interacting and good communication between the two.
PENYULUHAN KESEHATAN REPRODUKSI SEBAGAI SYARAT PRANIKAH BAGI CALON PENGANTIN; ASPEK POSITIF DAN NEGATIF: Azzulfa, Fatihatul Anhar
JAS : Jurnal Ahwal Syakhshiyyah Vol 5 No 1 (2023): Jurnal Ilmiah Ahwal Syakhshiyyah (JAS)
Publisher : Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jas.v5i1.18874

Abstract

Health is mostly disregarded in the process of getting married, this is shown by the absence of regulations regarding this matter in both the Marriage Law and KHI, besides that health checks are not mentioned as one of the requirements for marriage in classical fiqh. In some regions, including the Surabaya City, prospective brides and grooms (male/female) are not only required to take a medical check-up, but also to attend reproductive health counseling, in order to frame a harmonious family and produce quality offspring that are free from sexually transmitted diseases. This research aims to explore the positive and negative aspects of the obligation to participate in reproductive health counseling. The method used in this research is qualitative, library research with philosophical and medical approaches, with maqāṣid asy-syarī’ah theory as the analytical tool. The research found that reproductive health counseling for prospective brides has more positive aspects in line with the various maqāṣid asy-syarī’ah, namely ḥifẓ an-nasl, ḥifẓ al-'aql, ḥifẓ an-nafs, ḥifẓ ad-dīn and ḥifẓ al-māl. Kata kunci: Reproductive health, Premarital, Maqāṣid asy-syarī’ah
ANALISIS HUKUM TERHADAP IMPLEMENTASI KRITERIA KETIDAKMAMPUAN FISIK DAN KESEHATAN SEBAGAI DASAR PERCERAIAN DI PENGADILAN AGAMA Nurullah, Lutfi; Zeinudin, Moh.; Munir, Miftahul
JAS : Jurnal Ahwal Syakhshiyyah Vol 5 No 1 (2023): Jurnal Ilmiah Ahwal Syakhshiyyah (JAS)
Publisher : Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jas.v5i1.20316

Abstract

This research aims to uncover the basis of judges' considerations in deciding divorce cases due to physical disability or illness in one of the married couples and to understand the classification of physical disability or illness according to Law No. 1 of 1974 and Islamic law. The research method used is juridical-normative. The research findings indicate that in deciding divorce cases related to physical disability or illness, specifically in cases numbered 115/PDT.G/2005/PA.SMN and 209/PDT.G/2005/PA.SMN, the panel of judges at the Religious Court of Sumenep has followed the procedures stipulated in Articles 65 to 91 of Law No. 7 of 1989 and considered the provisions of Marriage Law and applicable regulations in Indonesia. The decisions are also supported by evidence presented by the litigants, in accordance with both Positive Law and Islamic Law. Moreover, the emphasis on applying Article 19 letter (e) of Government Regulation No. 9 of 1975 and Islamic Law is not solely on the criteria of physical disability or illness but is more focused on the inability to fulfill the obligations as a husband or wife. Therefore, divorce decisions must be supported by facts demonstrating the spouse's actual incapacity to fulfill their marital obligations. This is crucial to prevent the Judiciary from granting divorce too easily, in accordance with the principle stated in Article 39 of Law No. 1 of 1974, which aims to make divorce more challenging to obtain. Additionally, the saying of the Prophet Muhammad is mentioned, emphasizing that although divorce is permissible, it is highly disliked by Allah SWT.
PERSEPSI TUGAS MEDIATOR DALAM MENYELESAIKAN PERKARA PERCERAIAN DI KOTA MALANG INDONESIA Sadili, M. Hasan; Jazari, Ibnu; Subekti, Ahmad; Albaritsi, Harun
JAS : Jurnal Ahwal Syakhshiyyah Vol 5 No 1 (2023): Jurnal Ilmiah Ahwal Syakhshiyyah (JAS)
Publisher : Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jas.v5i1.20526

Abstract

In carrying out married life, husband and wife have their respective roles and functions in maintaining family harmony and harmony. If someone's role does not go well, it can cause disruption or problems within the family. Efforts to reconcile the two parties to a dispute in the realm of judicial law are called mediation. The research aims to reveal the perspective of the mediator's duties according to the views of mediation officers at the Malang City Religious Court office. The application of research using qualitative methods is research that is able to produce analytical procedures without static analysis procedures or by using other quantification methods. The mediation mechanism at the Malang City Religious Court is in accordance with PERMA Regulation Number 1 of 2008, namely: Regarding the mediation process, after the parties choose a mediator to mediate their case, the parties provide a resume of their case to the mediator. If they fail to choose a mediator, then the case files are handed over to the mediator who has been chosen by the Chair of the Assembly. The influence of the mediator in making the case a success can affect the Judicial Body and also the public's trust in the Judicial Institution. The mediator's success in resolving cases can ease the burden on the Chairman of the Panel in handling burdensome divorce cases. The mediator's efforts in completing mediation can be said to be composed of the role, function, duties and authority of the mediator. It can be said that all the mediator's efforts, whether through his authority, the mediator cannot force a complete reconciliation or not to divorce. However, on the contrary, through the function, role, authority and skills of the mediator, peace can be created between the parties.   Keywords : Mediator, Mediation, Divorce, Peace  
PENERAPAN OMNIBUS LAW DALAM PENATAAN PERATURAN DAERAH TENTANG PAJAK DAN RETRIBUSI DAERAH Robeith Al Faroh, Ahmad; Zeinudin, Moh.; Munir, Miftahul
JAS : Jurnal Ahwal Syakhshiyyah Vol 5 No 2 (2023): Jurnal Ilmiah Ahwal Syakhshiyyah (JAS)
Publisher : Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jas.v5i2.20435

Abstract

The aim of this legal research is to discuss the application of the omnibus law method in structuring regional regulations regarding levies. The research technique used in this exploration is a normative research method using primary legal materials, secondary legal materials and tertiary legal materials. research resulted that the application of the omnibus law method to taxes and levies includes East Java Province Regional Regulation Number 9 of 2011 concerning Regional Levy which revokes several levy provisions from other regional regulations, and Sleman Regency Regional Regulation Number 13 of 2007 which amends several regional regulations become a regional regulation. The implementation of the omnibus law in the Sleman Regency Regional Regulations regarding levies has become a legal umbrella for efforts to manage budgets and resources effectively and efficiently. Although there are still several challenges and criticisms regarding the regulation of levy rates, in general the use of the omnibus law method is recognized as an effective tool in drafting regional regulations. Keywords: Arrangement; Local regulation; Omnibus Law.
ANALISIS FAKTOR PENYEBAB PENCERAIAN KARENA ORANG KE TIGA (STUDI PUTUSAN PENGADILAN AGAMA SURAKARTA NO. 777/PDT.G/2020/PA.SKA) Halim, Abdul; Baehaqi; Syamsuddin
JAS : Jurnal Ahwal Syakhshiyyah Vol 5 No 2 (2023): Jurnal Ilmiah Ahwal Syakhshiyyah (JAS)
Publisher : Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jas.v5i2.20524

Abstract

This research aims to elucidate the arguments presented by the Applicant in the Conventional/Counterclaim Defendant as the grounds for divorce due to a third party in the case decision NO. 777/PDT.G/2020/PA.SKA and how the judge's considerations in the decision of the Religious Court NO. 777/PDT.G/2020/PA.SKA as the cause of a third-party divorce.The research utilizes a descriptive qualitative method, seeking to explain problem-solving by referring to real social conditions. Data are obtained through informants with competence and relevance to the data needs. The objective of this research is to understand the implementation of participation and factors influencing participation in the study of the Divorce Law at the Religious Court in Surakarta.The results of the research indicate that the implementation of the Divorce Law has progressed as intended by the legislator, evident in the decreasing divorce rates annually. This decline is attributed to the efforts made by the Religious Court in Surakarta. Keywords: Factor Analysis, Divorce due to a third person
TINJAUAN FIKIH MAWARIS TERHADAP PEMBAGIAN HARTA WARIS BERDASARKAN HUKUM ADAT GAYO DI WILAYAH DESA TETINGI KECAMATAN BLANGPEGAYON KABUPATEN GAYO LUES Saripudin; Syamsuddin; Baehaqi
JAS : Jurnal Ahwal Syakhshiyyah Vol 5 No 2 (2023): Jurnal Ilmiah Ahwal Syakhshiyyah (JAS)
Publisher : Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jas.v5i2.20525

Abstract

This study aims to explain the fiqh Mawaris review of the distribution of inheritance based on Gayo customary law in the area of Tetingi Village, Blangpegayon District, Gayo Lues Regency. And explained about Gayo customary inheritance in Tetingi village. In this case the research subject is the Tetingi village community, while the object of study is Islamic views using qualitative methods.  The results of the study, the authors concluded that the inheritance system in Tetingi Village, Blangpegayon District, Gayo Lues Regency still uses patrilineal principles, namely a hereditary system that draws a line of descent where a man's position is more prominent and only connects himself to his father over his father and so on or descendants of ancestors. male in inheritance. Gayo's customary system which is called inget urum set (customs and regulations) has become a hereditary tradition. After Islam came and developed, adat took the form of inget urum atur (customs and regulations), changing the term to edet urum ukum (adat with Islamic law). Because Islamic law is accepted by customary law and accepted by the Gayo indigenous people in the village of Tetingi. Then the term Gayo appears in it " Hukum urum edet , song zet urum sifet " which means the relationship between Islamic law and Gayo adat , such as substance and nature.The division of inheritance based on Gayo customary law remembers the general rules (customs and regulations) in the village of Tetingi, when viewed from the jurisprudence of the Mawaris/Islamic law it is not contradictory because the Islamic inheritance law/fikih Mawaris has been accepted by the Gayo customary inheritance system and accepted by the Gayo indigenous people in the village so that it becomes edet urum ukum (adat with Islamic law). So that in its application it is in accordance with or in line with the provisions of Islamic law. Keywords: Gayo Tribe Customs, Inheritance , Traditional Inheritance, Fiqh Mawaris

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