MAQASHID : Jurnal Hukum Islam
Jurnal MAQASHID merupakan jurnal ilmiah yang diterbitkan oleh program studi Ahwal al-Syakhsiyah Institut Agama Islam Al-Qolam, terbit dua kali dalam satu tahun. Sebagai sarana pengembangan intelektual dosen dan civitas akademik pegiat hukum Islam. Redaksi menerima artikel ilmiah maupun hasil laporan penelitian yang relevan dengan tema dalam jurnal ini, yaitu hukum Islam. Naskah yang dikirim adalah naskah yang sesuai dengan pedoman penulisan artikel jurnal MAQASHID
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<![CDATA[PRAKTIK PEMBAGIAN WARIS ADAT DUSUN RECOBANTENG DESA SUWARU KECAMATAN PAGELARAN KABUPATEN MALANG PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Bahrul Ulum]]>
<![CDATA[ MAQASHID Jurnal Hukum Islam Vol. 5 No. 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Fakultas Syariah - IAI Al-Qolam Malang ]]>
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DOI: 10.35897/maqashid.v5i1.781
<![CDATA[Islam as the last sawawi religion to come down to this world is certainly equipped with a comprehensive set of rules and teachings. He has perfected the previous Heavenly Religions elegantly and massively. This religion also does not escape introducing a set of rules regarding inheritance, which in general assigns a larger share of inheritance to the male line than the female line.In Recobanteng Hamlet, Suwaru Village, Pagelaran District, Malang Regency, there has been a practice of dividing inheritance from generation to generation by way of customary inheritance practices, where the son's share is equal to the daughter's share. Of course this is interesting to study in depth academically from a sharia perspective.The following article seeks to find this perspective by using a socio-anthropological approach combined with a sharia law perspective. From field observations, it was found that the people of Recobanteng Hamlet, Suwaru Village, Pagelaran District, Malang Regency share inheritance equally between men and women with consideration of humanity and justice. According to Syar'i, this kind of practice can still be justified by looking at the tasoluh principle, by distributing it first before the father or mother dies, even though the actual acceptance is only carried out after the two people have died.]]>
<![CDATA[BAHTSUL MASAIL MULTIDISIPLINER: Pembaruan Metodologis Ijtihad Kolektif NU ]]>
<![CDATA[Muhammad Adib]]>
<![CDATA[ MAQASHID Jurnal Hukum Islam Vol. 5 No. 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Fakultas Syariah - IAI Al-Qolam Malang ]]>
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DOI: 10.35897/maqashid.v5i1.782
<![CDATA[this paper offers the idea of a multidisciplinary Bahtsul Masail, as a methodological renewal of NU's collective ijtihad forum. This idea is based on three aspects of scientific modality in Bahstul Masail, namely the very nature of tradition, the manhaji mode of thinking in the use of the qauli method, and the problem analysis framework as a result of the 1992 NU National Conference in Lampung . Based on these three aspects, the reform of Bahtsul Masail was carried out by repositioning the problem analysis framework as the grand design of the entire methodological framework in Bahtsul Masail. ]]>
<![CDATA[BURUH TANI DALAM HUKUM POSITIF INDONESIA:: Sebuah Kajian Perundangan untuk Upaya Gagasan Perlindungan ]]>
<![CDATA[Siti A'isyah]]>
<![CDATA[ MAQASHID Jurnal Hukum Islam Vol. 5 No. 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Fakultas Syariah - IAI Al-Qolam Malang ]]>
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DOI: 10.35897/maqashid.v5i1.792
<![CDATA[Farm labor or peasant is an urgent component in agriculture, farm and animal husbandry or aquaculture. Farm workers or peasants also have unique and different characteristics compared to industrial workers, especially in terms of form and rhythm of work. However, farm workers do not get specific protection in positive law in Indonesia. This article explores the legislation in Indonesia to see the position of farm workers in positive law. The search results, supported by the elaboration of historical facts, show that agricultural laborers in Indonesia do not have a specific legal protection. Meanwhile, the facts of current agricultural developments show that farm workers increasingly need this protection in line with the tendency of agricultural globalization.]]>
<![CDATA[URGENSI KURSUS CALON PENGANTIN DI KUA KECAMATAN PARE KABUPATEN KEDIRI ]]>
<![CDATA[Mohammad Hendy Musthofa]]>
<![CDATA[ MAQASHID Jurnal Hukum Islam Vol. 5 No. 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Fakultas Syariah - IAI Al-Qolam Malang ]]>
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DOI: 10.35897/maqashid.v5i1.820
<![CDATA[The execution of the prospective bride and groom course is a move by the government, in this case the Director General of Islamic Guidance under the Ministry of Religion with the executor of the Office of Religious Affairs (KUA), to offer a provision for the prospective bride and groom who will carry out the marriage in the form of guidance and counsel so that later the bride and groom may have a happy and prosperous family life after carrying out the marriage. For this kind of research, qualitative approaches are used, which entail interviewing people and objects of the study and then gathering their data by direct observation. According to the study's findings, the prospective bride and groom course has been put into practice in the KUA Pare District. The prospective bride and groom course ran into a number of challenges during execution, the first of which was a lack of funding and time. The execution of the prospective bride and groom course is crucial to carry out given the current circumstances, where the divorce rate is rising. So that the soon-to-be bride and groom have the necessary information, including an understanding of their respective duties and rights, and are capable of resolving issues that arise in the home, in order to form a long-lasting and happy family and have a positive influence on the government by lowering the divorce rate.]]>
<![CDATA[KESETARAAN GENDER DALAM FIKIH PEREMPUAN PERSPEKTIF MAQASID SYARIAH JASSER AUDA ]]>
<![CDATA[Mohammad Lukman Chakim]]>;
<![CDATA[Muhammad Habib Adi Putra habib]]>
<![CDATA[ MAQASHID Jurnal Hukum Islam Vol. 5 No. 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Fakultas Syariah - IAI Al-Qolam Malang ]]>
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DOI: 10.35897/maqashid.v5i1.831
<![CDATA[The dynamics of today's civilization are growing, it continues to drive changes significantly, both in the technological and other spheres. Existing social construction has shifted, and even needs to be updated to keep up with developments. This includes the role and position of women. In the past, women in the discussion of jurisprudence were only about worship, the treatment of worship that there were differences with men. For example, if the congregation, men are encouraged to read Subhanallah while women pat both palms. But now the discussion of women is getting wider to their roles, positions and relationships with men. This research focused on the gender equality thinking of Husein Muhammad and Musdah Mulia. This research is a normative research (library research) with research sources including several books by Husein Muhammad, Musdah Mulia and Jasser Auda. The thinking of gender equality (women's jurisprudence) of the two figures was then analyzed with Jasser Auda's system (maslahah) approach. The gender equality of women's jurisprudence in the perspective of the Jasser Auda system has conformity with Islamic law. The gender equality of women's jurisprudence has fulfilled all six systems of features (benefits). In the cognitive system, equality has a cognitive conformity capable of uncovering the meaning or practical implications of Islamic law. The argumentation of women's jurisprudence was also adopted from the powerful nash texts, this corresponded to the system of wholeness. Thus with the system of openness and interrelationship, which demands to open wide the thinking of equality to respond to the development of the times. Gender equality view Women's jurisprudence provides answers to these changes in a measured and directed manner, so that Islamic law is always contextual based on the multidimensional system and the meaning of Jasser Auda.]]>
<![CDATA[PENAFSIRAN THABATHABA’I DALAM AL-MIZAN FI TAFSIR AL-QUR`AN ]]>
<![CDATA[Ummu Sa’adah]]>
<![CDATA[ MAQASHID Jurnal Hukum Islam Vol. 5 No. 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Fakultas Syariah - IAI Al-Qolam Malang ]]>
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DOI: 10.35897/maqashid.v5i1.834
<![CDATA[Tabataba'i interpretation in Tafsir al-Mizan follows the form of bil ra`y interpretation (departing from objective and argumentative rational thinking), with the source of the interpretation of the Qur'an itself and the Prophet's Hadith which is based on Shi'a Imams. The method/system of interpretation used by Tabataba'i is the tahlily (analytical) method with a multidimensional approach with an adaby ijtima'i (social) interpretation style. In addition, Tabatabai is classified as an exegete who uses the modern paradigm of thinking.]]>
<![CDATA[TINJAUAN USHULI TERHADAP PRESEPSI WANITA PEKERJA DALAM MASSA IDDAH AKIBAT CERAI MATI ]]>
<![CDATA[Muhammad Hasbulloh Huda]]>;
<![CDATA[Junaidi Junaidi]]>
<![CDATA[ MAQASHID Jurnal Hukum Islam Vol. 5 No. 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Fakultas Syariah - IAI Al-Qolam Malang ]]>
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DOI: 10.35897/maqashid.v5i1.843
<![CDATA[A review of Islamic law on people's perceptions of the implementation of the Iddah of working women, it is explained that the state of emergency does not exceed the level that allows it. In the sense that a working woman is allowed to work fully decorated, that is, only to fulfill the requirements of her job, with the aim that the career woman is not fired or lost her job and if she does not work it can cause starvation for herself and her children. So according to Islamic law, the woman may work and decorate without passing the specified limits.]]>
<![CDATA[PRAKTIK PEMBAGIAN WARIS ADAT DUSUN RECOBANTENG DESA SUWARU KECAMATAN PAGELARAN KABUPATEN MALANG PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Ulum, Bahrul]]>
<![CDATA[ MAQASHID Vol. 5 No. 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam ]]>
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DOI: 10.35897/maqashid.v5i1.781
<![CDATA[Islam as the last sawawi religion to come down to this world is certainly equipped with a comprehensive set of rules and teachings. He has perfected the previous Heavenly Religions elegantly and massively. This religion also does not escape introducing a set of rules regarding inheritance, which in general assigns a larger share of inheritance to the male line than the female line.In Recobanteng Hamlet, Suwaru Village, Pagelaran District, Malang Regency, there has been a practice of dividing inheritance from generation to generation by way of customary inheritance practices, where the son's share is equal to the daughter's share. Of course this is interesting to study in depth academically from a sharia perspective.The following article seeks to find this perspective by using a socio-anthropological approach combined with a sharia law perspective. From field observations, it was found that the people of Recobanteng Hamlet, Suwaru Village, Pagelaran District, Malang Regency share inheritance equally between men and women with consideration of humanity and justice. According to Syar'i, this kind of practice can still be justified by looking at the tasoluh principle, by distributing it first before the father or mother dies, even though the actual acceptance is only carried out after the two people have died.]]>
<![CDATA[BAHTSUL MASAIL MULTIDISIPLINER: Pembaruan Metodologis Ijtihad Kolektif NU ]]>
<![CDATA[Adib, Muhammad]]>
<![CDATA[ MAQASHID Vol. 5 No. 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam ]]>
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DOI: 10.35897/maqashid.v5i1.782
<![CDATA[this paper offers the idea of a multidisciplinary Bahtsul Masail, as a methodological renewal of NU's collective ijtihad forum. This idea is based on three aspects of scientific modality in Bahstul Masail, namely the very nature of tradition, the manhaji mode of thinking in the use of the qauli method, and the problem analysis framework as a result of the 1992 NU National Conference in Lampung . Based on these three aspects, the reform of Bahtsul Masail was carried out by repositioning the problem analysis framework as the grand design of the entire methodological framework in Bahtsul Masail. ]]>
<![CDATA[BURUH TANI DALAM HUKUM POSITIF INDONESIA:: Sebuah Kajian Perundangan untuk Upaya Gagasan Perlindungan ]]>
<![CDATA[A'isyah, Siti]]>
<![CDATA[ MAQASHID Vol. 5 No. 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam ]]>
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DOI: 10.35897/maqashid.v5i1.792
<![CDATA[Farm labor or peasant is an urgent component in agriculture, farm and animal husbandry or aquaculture. Farm workers or peasants also have unique and different characteristics compared to industrial workers, especially in terms of form and rhythm of work. However, farm workers do not get specific protection in positive law in Indonesia. This article explores the legislation in Indonesia to see the position of farm workers in positive law. The search results, supported by the elaboration of historical facts, show that agricultural laborers in Indonesia do not have a specific legal protection. Meanwhile, the facts of current agricultural developments show that farm workers increasingly need this protection in line with the tendency of agricultural globalization.]]>
