cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
M. Riza Pahlefi
Contact Email
riza.pahlefi@uinbanten.ac.id
Phone
+6285383592121
Journal Mail Official
syakhsia@uinbanten.ac.id
Editorial Address
Jl. Jenderal Sudirman No. 30 Ciceri Serang Banten
Location
Kota serang,
Banten
INDONESIA
Syaksia : Jurnal Hukum Perdata Islam
Published by Universitas Islam Negeri Sultan Maulana Hasanuddin Banten
ISSN : 2085367X     EISSN : 27153606     DOI : https://dx.doi.org/10.37035/syakhsia
Core Subject : Religion, Humanities, Science, Social,
Religion Humanities Chemistry Law, Crime, Criminology & Criminal Justice Social Sciences
Syakhsia: Jurnal Hukum Perdata Islam, is an open access and peer-reviewed journal published biannually (p-ISSN: 2085-367X and e-ISSN: 2715-3606). It publishes original innovative research works, reviews, and case reports. The subject of Syakhsia covers textual and fieldwork with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of Islamic civil law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 96 Documents
 6   7   8   9   10 
PEMIKIRAN SYEKH WAHBAH AL- ZUHAILY TENTANG PENYELESAIAN KONFLIK RUMAH TANGGA Fedrik Wardiansyah
Syakhsia Jurnal Hukum Perdata Islam Vol 24 No 1 (2023): Januari-Juni
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v24i1.8808

Abstract

This paper contain an analysis of Syekh Wahbah Al-Zuhaily on solving household conflicts, today, many family couples, especially families who have just taken the household in dealing with household conflicts that begin with a disobedience attitude or not carrying out obligations carried out by one of the spouses (nusyuz), or at the stage of increasingly complicated and escalating conflicts (syiqaq), they take the divorce route in a hurry, even thought divorce is an act that Allah hates. Household couples should take the steps that need to be taken in maintaining the integrity of the household, then how are these efforts to reduce household conflict so that as much as possible there is no divorce. This paper aims to find out how efforts are made to reduce household conflicts according to Syekh Wahbah Al-Zuhaily opinion, by using the library research metod with the descriptive analysis approach, it can be concluded that according to him, there are seven stages in maintaining a household.
RESILIENCE OF THE INSTITUTION OF MARRIAGE IN FACING DOMESTIC PROBLEMS IN A LEGAL PERSPECTIVE: Maya Aufa UIN SMH Banten maya aufa
Syakhsia Jurnal Hukum Perdata Islam Vol 24 No 1 (2023): Januari-Juni
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v24i1.8817

Abstract

The institution of marriage is a noble institution and has an honorable position in Islamic law and Indonesian national law. This is evidenced by the existence of special regulations related to marriage, namely Law Number 16 of 2019 concerning Marriage. Problems in domestic life will always be faced by every couple, the existence of the marriage institution is a benchmark for how husband and wife are able to face and get solutions to the problems faced, so that the integrity of the household is maintained. This paper aims to explain how the resilience of the marriage institution in an effort to find solutions to problems and conflicts in the household, so that family integrity remains harmonious. Based on qualitative descriptive research methods and analytical descriptive sociological normative approaches, it is concluded that: 1) It is necessary to understand the community about family resilience so that each individual couple understands the concept and purpose of marriage. (2). Optimizing BP4 institutions in bridging the resolution of household conflicts. (3) Strengthening family joints from various aspects, both economic and social and others, in order to minimize the divorce rate.
PEMAKSAAN HUBUNGAN SEKSUAL SUAMI TERHADAP ISTRI (MARITAL RAPE) (STUDI KOMPARATIF HUKUM POSITIF DAN HUKUM ISLAM) Pitrotussaadah fitroh; Sulfan Alamsyah
Syakhsia Jurnal Hukum Perdata Islam Vol 24 No 2 (2023): Juli - Desember
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v24i2.9329

Abstract

This paper is a forced sexual relationship of husband against wife (marital rape) (comparative study of positive law and Islamic law). Conjugal sexual intercourse is a natural need that must be fulfilled by both parties but without coercion in it that causes one of them to be hurt. In practice, this is not the case, sometimes husbands ask to have sex at inappropriate times such as when the wife is not good physically, hormonally or psychologically, and generally husbands do not understand the condition of the wife and lead to coercion or even violence in sexual intercourse which results in one of them being harmed because with this condition the wife cannot enjoy it but hurt her. So how positive law and Islamic law address the problem. This paper aims to understand marital rape law in positive law and Islamic law. Based on the qualitative method of library research with a comparative descriptive approach, it can be concluded that domestic rape is an unnatural thing done by the husband to the wife because it can hurt the wife because it does not pay attention to the physical and psychological condition of the wife. Whereas in Islamic law if the coercion by the husband against the wife is still within reasonable limits, then it is not a problem. However, if coercion is accompanied, threats and violence while the physical and psychological conditions and conditions of the wife are not possible to serve her husband such as being sick, menstruating, tired, and other shari'i old age that is considered appropriate, then the husband can be categorized as marital rape and the perpetrator is subject to ta'zir whose punishment is determined by a judge.
PERAN WANITA KARIER DALAM PEMBANGUNAN KELUARGA SAKINAH PERSPEKTIF MAQASHID SYARIAH Hikmatullah Hikmatullah; Ruf'ah Abdullah; Fedrik Wardiansyah
Syakhsia Jurnal Hukum Perdata Islam Vol 24 No 2 (2023): Juli - Desember
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v24i2.9373

Abstract

Along with the development of changes in the mindset of women who participate actively and participatively in women's careers, it has a positive and negative impact, which results in reduced attention and obligations of women in their households. But keep in mind, that the role of women can also contribute greatly to the welfare and harmony in the family. What are the positive and negative impacts of women who participate actively and participatively in the career world? What is the maqashid shari'ah perspective on the role and contribution of women in the development of the sakinah family? This study uses a descriptive analysis method, namely to analyze and describe the role of women in family development from a maqashid shari'ah perspective. Based on the results of the description in this study, several positive and negative impacts of women who participate actively and participatively in the career world and the implications that the role and contribution of women are very positive in the development of the sakinah family and in accordance with the purpose of marriage, namely those contained in QS. al-Ruum (30) paragraph 21 and Marriage Law No. 1 of 1974 Chapter I Article 1 (forming a happy and eternal family based on the One and Only God), and in accordance with maqashid shari'ah (the purpose of shari'ah), namely hifz ad-din which is to maintain religion in several forms of activities, which include carrying out mahdhah and ghair mahdhah worship, Hifz Al-Nafs is to maintain the soul and body of the family harmoniously and humanely while still paying attention to the needs of a decent life and staying away from unhealthy life habits., Hifz Al-Aql is able to maintain family sense while still paying attention to education both religious education and general education such as implementing government recommendations that send children to school as high as compulsory education for at least 12 years, Hifz an-nasl is to maintain offspring by making family planning programs only used to manage the distance between one child and another, and not only have two children for financial reasons because the sustenance of every child born is guaranteed, and the last hifz al-mal is to maintain property, both her husband's property and hers, because her role and contribution as a career woman can only help the husband to meet or meet the needs family, if not sufficient needs in daily life.
SYNERGY OF BP4 WITH SUB-DISTRICT OF KUA IN REALIZING FAMILY RESILIENCE IN SERANG CITY, BANTEN Muhammad Ishom; Ahmad Jamaludin Jambunanda
Syakhsia Jurnal Hukum Perdata Islam Vol 24 No 2 (2023): Juli - Desember
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v24i2.9460

Abstract

This study aims to analyze the synergy factor of BP4 with KUA in an effort to realize family resilience in Serang City, Banten. BP4 ideally becomes an institution that functions to realize family resilience by strengthening the values of harmony in the family and preventing the possibility of collapse of household bonds caused by conflicts between husband and wife. Sociological legal research using field data achieved the results of the analysis that BP4 in Serang City experienced dysfunction for several reasons, including: (1) there is no clarity on the orientation of BP4 after becoming an independent institution; and (2) the lack of operational funds of the institution. To cover this problem, BP4 needs to synergize with sub-district of KUA according to their respective duties and authorities.
DIALEKTIKA HARMONISASI ASAS-ASAS HUKUM ISLAM DALAM PENYELESAIAN SENGKETA KELUARGA MELALUI MEDIASI NON LITIGASI DI INDONESIA Zaki, Muhammad; Akmalul Rizal, M.; RIZKI, MUH.
Syakhsia Jurnal Hukum Perdata Islam Vol 25 No 1 (2024): Januari-Juni
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v25i1.10784

Abstract

Banyaknya kasus mengenai sengketa keluarga yang tidak kunjung selesai secara litigasi akan tetapi secara non litigasi bahkan lebih banyak lagi permasalahan keluarga yang diselesaikan khususnya di Indonesia yang mana jalur non litigasi menggunakan beberapa peran dan pihak yaitu mediator, toko agama, adat, menariknya dalam beberapa kasus dapat diselesaikan dengan banyak mengacu pada ajaran agama yang kembali diperkuat dan mediator pun dapat menyelesaikan permasalahan dengan kesepakatan dari pihak yang berperkara. Penelitian ini merupakan penelitian kualitatif dengan kajian pustaka dan lapangan melalui wawancara, hasil dari tulisan ini bahwa sengketa keluarga secara non litigasi di Indonesia sudah banyak dilakukan oleh masyarakat dan juga cara penyelesaiannya sesuai dengan tuntunan agama islam baik dari Al qur'an maupun Hadis, Akan tetapi perlu dibenahi lagi sedikit tentang non litigasi ini seperti tidak berat sebelah dalam menyelesaikan permasalahan dan sengketa secara non litigasi belum menunjukkan terselesaikannya permasalahan keluarga secara tuntas.
An Ushuliyyah Perspective on the Status of Children Born Out of Wedlock : (Critical Reasoning on the Decision of the Constitutional Court of Indonesia No. 46 of 2010 Regarding the Status of Children Born Out of Wedlock) Khusnul A'in, Aprilianita
Syakhsia Jurnal Hukum Perdata Islam Vol 25 No 1 (2024): Januari-Juni
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v25i1.11034

Abstract

This paper arises from the controversy surrounding the Constitutional Court's Decision No. 46/PUU-VIII/2010 regarding the status of children born out of wedlock. The author believes that the polemic surrounding this decision necessitates an analysis using a Ushuliyyah (Islamic legal theory) approach to determine whether the decision aligns with the principles of justice in Shari'ah or not, as Shari'ah also upholds the values of justice and public welfare. The type of research conducted is a document-based study (library research) with a combined approach, both theoretical and documentary. The primary source of data is the Constitutional Court's Decision No. 46/PUU-VIII/2010, while the secondary sources include all documents such as books, writings, interviews, and other materials related to the research subject. These data were then analyzed using descriptive analysis methods. The research results indicate two important points: First, the Constitutional Court's Decision No. 46/PUU-VIII/2010 is consistent with the concept of public welfare (maslahatul aulad) in terms of living expenses, education, health, and other aspects, except for civil rights related to lineage, guardianship, and inheritance, as there is no legal ruling by Shari'ah, nor any evidence prohibiting it. Second, according to the concept of istishan istitsna'i (exceptional preference), which involves making exceptions to general rules based on specific evidence, a child born out of wedlock does not have a Shari'ah-recognized lineage relationship with their biological father or the biological father's family.
TRADISIONALISME-PROGRESIF HUKUM PERNIKAHAN ANAK: (STUDI FATWA KONGRES ULAMA PEREMPUAN INDONESIA) Bazikh, Moh. Rofqil
Syakhsia Jurnal Hukum Perdata Islam Vol 25 No 1 (2024): Januari-Juni
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v25i1.9852

Abstract

The various negative impacts of early marriage do not necessarily make this problem immediately handleable. At the same point, Law No. 1/1974 and Law No. 16/2016 also cannot overcome early marriage optimally. The opening of legally valid early marriage dispensation opportunities is one of the reasons. This article will discuss the law of early marriage in the fatwa of the Indonesian Women's Ulama Congress (KUPI). However, the focus of this article is not on the normative level of early marriage. Rather, this article will discuss the style of KUPI's thinking in formulating fatwas related to this topic. This research is qualitative-descriptive, with research anchored in library research. Primary data was obtained from the Official Documents of the Process and Results of the First Indonesian Women Ulema Congress (KUPI). Secondary data is taken from articles, journals, and books with relevant topics. To discuss the findings, the typology of Islamic thought styles and trends initiated by Abdullah Saeed is used. The conclusion reached in this study is that KUPI's religious deliberations adopt two styles proposed by Saeed. Both legalist traditionalist and progressive ijtihadist are found in KUPI's fatwas. Thus, one foot of KUPI is grounded in the traditional treasures, while the other foot goes in a progressive direction. The conclusion about the combination of these two styles comes after first discussing the arguments and analysis put forward by KUPI.
Pengaturan Batas Usia Perkawinan : Studi Komparatif Undang-Undang Perkawinan Negara-Negara Muslim (Indonesia dan Maladewa) afrinald rizhan, afrinald rizhan
Syakhsia Jurnal Hukum Perdata Islam Vol 25 No 1 (2024): Januari-Juni
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v25i1.9922

Abstract

Abstract The regulation of the age limit for marriage in a country is an important factor inining the survival of marriage. The aim of this study is to find a comparison of marriage age limits in Indonesia and the Maldives. In this study the author uses a normative and comparative approach. The age limit in getting married is very important. Because marriage requires psychological maturity. The Quran and the Hadith do not specifically mention the minimum age for marriage. The commonly known requirement is to be well-informed, well-conscious, able to distinguish between good and bad so that it can give consent to marriage, until the time of a person to marry (buluq an-nishah), with the word "rusyd" In Indonesia, the amendment to the Act No. 1 of 1974 on Marriage, became the Law No. 16 of 2019, which sets the minimum marriage age for women equal to the minimum age of marriage for men, which is 19 (nine) years. In Maldives, the Maldivian State, the minimum age for marriage is 18 years with exceptions. However, according to Islamic law, individuals who have reached puberty can marry before the age of 18 with parental permission and registered in the Register of Marriages. Keywords: family law, marriage age, Indonesia, Maldives
PEMBERIAN WASIAT WAJIBAH KEPADA ISTERI NON-MUSLIM (Analisis Putusan Mahkamah Agung Nomor 16 K/AG/2010) Nur Fazila; Muchlis bahar; elfia
Syakhsia Jurnal Hukum Perdata Islam Vol 25 No 1 (2024): Januari-Juni
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v25i1.9957

Abstract

A mandatory will is a gift of inheritance given to heirs who do not get a share of the inheritance left by the heir. Usually those who get a share of the inheritance are adopted children or adoptive parents, but in jurisprudence Number 16K/AG/2010 wives who are non-religious Muslims by the supreme court receive a share of the inheritance in the form of a mandatory will. This type of research is normative legal research, namely legal research carried out by examining library materials or secondary data. This research is descriptive analysis with the method used in this research, namely normative juridical. The data source is primary legal material originating from Supreme Court decision Number 16 K/AG/2010, and secondary legal material comes from books, journals and articles related to this research topic RI Supreme Court Decision No.16 K/AG/2010 , the Supreme Court of Justice is of the opinion that the Decision of the Makasar High Religious Court Number 59/Pdt.G/2009 which upholds the decision of the Makasar Religious Court Number 732/Pdt.G/2008 is cancelled. Furthermore, the Panel of Judges of the Supreme Court decided to try this case themselves. The Supreme Court judge stated that Evie Lany Mosintah (wife) received 1/2 part of the joint assets and the other 1/2 part was the inheritance which became the share of the deceased's heirs. Evie Lany Mosintah, who initially did not receive an inheritance from the deceased through the decision of the Makasar Religious Court and the Makasar Religious High Court, was determined by the Panel of Judges at the Supreme Court that Evie Lany Mosintoh received a share of the inheritance through a mandatory will, whose share was ΒΌ.

Page 9 of 10 | Total Record : 96

 6   7   8   9   10 

Filter by Year

2018 2025


Reset
Filter By Issues
All Issue Vol 26 No 2 (2025): Juli - Desember Vol 26 No 1 (2025): Januari-Juni Vol 25 No 1 (2024): Januari-Juni Vol 24 No 2 (2023): Juli - Desember Vol 24 No 1 (2023): Januari-Juni Vol 23 No 1 (2022): Januari-Juni Vol 22 No 2 (2021): Juli - Desember Vol 22 No 1 (2021): Januari-Juni Vol 21 No 2 (2020): Juli-Desember Vol 21 No 1 (2020): Januari-Juni Vol 20 No 2 (2019): Juli-Desember Vol 20 No 1 (2019): Januari-Juni Vol 19 No 2 (2018): Juli - Desember Vol 19 No 1 (2018): Januari-Juni More Issue