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Muhammad Yusqi
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INDONESIA
MAQASHID : Jurnal Hukum Islam
Published by Universitas Al-Qolam
ISSN : 26139758     EISSN : 26854619     DOI : 10.35897
Core Subject : Religion, Education, Social,
Religion Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
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
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
 1 
Search results for , issue "Vol. 5 No. 2 (2022): Nov 2022" : 9 Documents clear
PRIMBON JAWA MADURA: Salep Tarjeh Dan Weton Desa Bulupitu Bahrul Ulum; Muhammad Ulil Albab
MAQASHID Jurnal Hukum Islam Vol. 5 No. 2 (2022): Nov 2022
Publisher : Fakultas Syariah - IAI Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v5i2.915

Abstract

This research is aimed at studying the Primbon culture of the residents of Bulupitu Village in its application in marriage practices to find out and compare the impact of Primbon on the sustainability of marriages that apply this system and marriages that do not apply the Primbon system and the perspective of Islamic law in addressing this practice. This research is in search of data with field studies using a qualitative approach with data collection methods, namely; Interviews, Literacy Studies, and Observations From this study it was found that in the application of Primbon, Bulupitu Village residents were divided into two camps, namely those who applied the Primbon system in their marriage (Kejawen) and those who did not apply it (Potehan). The Kejawen adhere to the Primbon concept starting from Weton, Salep Tarjeh, and Wedding Day, while the Potehan refuse to believe in this. Nevertheless, these taboos and recommendations still have an effect on the sustainability of the marriage mahligai of Bulupitu residents if they are violated or carried out. Primbon culture actually does not conflict with the concept of Islamic law because it is a custom that has its own legal basis, namely 'Urf and is a form of endeavor and
TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK JUAL BELI RAMBUT SISTEM BORONGAN PADA JASA POTONG RAMBUT Muhammad Hasbulloh Huda; Abdul Bais
MAQASHID Jurnal Hukum Islam Vol. 5 No. 2 (2022): Nov 2022
Publisher : Fakultas Syariah - IAI Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v5i2.946

Abstract

The practice of buying and selling wholesale systems is one of the buying and selling practices that is commonly carried out by many business actors, one of which is a haircut service business actor. With the many practices of this wholesale system, it is necessary to have a clear review of Islamic law as the basis for the practice of buying and selling. Several opinions from various schools of thought regarding wholesale buying and selling and buying and selling of prohibited materials can become the basis for the practice of buying and selling wholesale carried out by hair cutting services.
RELEVANSI QIYAS DALAM STRUKTUR HUKUM ISLAM Ahmad Fauzi
MAQASHID Jurnal Hukum Islam Vol. 5 No. 2 (2022): Nov 2022
Publisher : Fakultas Syariah - IAI Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Al-Qur'an, Hadith, Ijma, and Qiyas are the four main texts of Islamic law accepted by the scholars. On the other hand, Islamic law that is often cited by religious figures other than those listed above is istihsan, maslahah mursalah, istishab, "uruf, madzhab as-Shahabi, and syar'u man qablana. The existence and blasphemy of qiyas as a first step in establishing law still raises several problems and heated debates in the short term. Not all of the Qur'an, Sunnah, or Ijma' acknowledge the status of qiys as a valid legal proposition. The author tries his best in this case to describe a little about the views of the Syafi'iyyah jumhur ulama' towards the position of qiyas as one of the methods of establishing law in Islam. Therefore, without exception, those who use common sense in Islamic law will also be able to grow the spirit of Islam itself. Apart from using the available databases of books and nomenclature of Islamic law, this method of library research also using descriptive analysis.Based on the analysis, it was found that the level of relevance of qiyas as a method has been h has increased significantly since this writing was written, especially considering the region and spread of Islam which is basically cross-country, cross-national and cross-cultural. Qiyas remains a necessity for Muslims, which shows that not everyone is capable of doing istinbaht or drawing conclusions about Islamic law.
PSIKOLOGIS KEPRIBADIAN DAN SOSIAL ANAK DALAM KELUARGA DENGAN STATUS PERKAWINAN SIRI Rudy Catur Rohman; Muhammad Maddarik
MAQASHID Vol. 5 No. 2 (2022): Nov 2022
Publisher : Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v5i2.510

Abstract

Siri marriage, a form of marriage that is not officially registered with the state but is recognized as legitimate under certain religious laws, is a common phenomenon in Indonesia. This practice has significant psychological and social implications for children born from such unions. The study aims to analyze the impact of siri marriage on the psychological and social development of children, focusing on how the uncertainty of the parents' marital status affects the children's well-being. The findings suggest that children from siri marriages often struggle with issues such as low self-esteem, identity confusion, and emotional instability. They are more susceptible to psychological disorders, including anxiety and depression, due to the social and emotional uncertainty they experience. Moreover, the stigma attached to their parents' marital status often leads to social isolation, hindering their ability to form healthy interpersonal relationships and adapt to their social environments. The study emphasizes the importance of parental and social support to mitigate these negative effects and foster emotional stability in children. It also calls for legal and social interventions to better protect the rights and welfare of children born from siri marriages.
PENAFSIRAN THABATHABA’I DALAM AL-MIZAN FI TAFSIR AL-QUR`AN Ummu Sa’adah
MAQASHID Vol. 5 No. 2 (2022): Nov 2022
Publisher : Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v5i2.834

Abstract

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.
KEDUDUKAN WALI BAGI PEREMPUAN DALAM PERNIKAHAN : (Perbandingan antara Hukum Positif dan Fiqh) wahyuni, sri wahyuni
MAQASHID Vol. 5 No. 2 (2022): Nov 2022
Publisher : Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v5i2.865

Abstract

This paper discusses the position of guardian for women in marriage by making a comparison between positive law – in this case the Marriage Law – and the discourse on marriage guardians in fiqh as well as referring to the arguments and legal differences of opinion among the scholars of the schools of fiqh. In positive law in Indonesia - the Marriage Law - guardians or parents only play a role in being asked for approval when their children want to marry. Based specifically on this Marriage Law, the marriage contract does not have to be pronounced by the guardian. Thus, women can carry out their own marriage contract, with the approval of their guardian, because women are legal subjects who have perfect legal skills. Meanwhile, in fiqh, there are differences of opinion, namely that Hanafiyah scholars allow women to marry without the consent of their guardians, and women may marry themselves, because women who have reached puberty are considered to have perfect legal skills. Another opinion is that put forward by Jumhur Ulama that guardians can marry girls without their permission and guardians can marry widows with their permission. However, the marriage contract – for both girls and widows – still has to be pronounced by the guardian. The marriage contract pronounced by the woman herself is considered invalid.
PRIMBON JAWA MADURA: Salep Tarjeh Dan Weton Desa Bulupitu Ulum, Bahrul
MAQASHID Vol. 5 No. 2 (2022): Nov 2022
Publisher : Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v5i2.915

Abstract

This research is aimed at studying the Primbon culture of the residents of Bulupitu Village in its application in marriage practices to find out and compare the impact of Primbon on the sustainability of marriages that apply this system and marriages that do not apply the Primbon system and the perspective of Islamic law in addressing this practice. This research is in search of data with field studies using a qualitative approach with data collection methods, namely; Interviews, Literacy Studies, and Observations From this study it was found that in the application of Primbon, Bulupitu Village residents were divided into two camps, namely those who applied the Primbon system in their marriage (Kejawen) and those who did not apply it (Potehan). The Kejawen adhere to the Primbon concept starting from Weton, Salep Tarjeh, and Wedding Day, while the Potehan refuse to believe in this. Nevertheless, these taboos and recommendations still have an effect on the sustainability of the marriage mahligai of Bulupitu residents if they are violated or carried out. Primbon culture actually does not conflict with the concept of Islamic law because it is a custom that has its own legal basis, namely 'Urf and is a form of endeavor and
TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK JUAL BELI RAMBUT SISTEM BORONGAN PADA JASA POTONG RAMBUT Huda, Muhammad Hasbulloh; Abdul Bais
MAQASHID Vol. 5 No. 2 (2022): Nov 2022
Publisher : Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v5i2.946

Abstract

The practice of buying and selling wholesale systems is one of the buying and selling practices that is commonly carried out by many business actors, one of which is a haircut service business actor. With the many practices of this wholesale system, it is necessary to have a clear review of Islamic law as the basis for the practice of buying and selling. Several opinions from various schools of thought regarding wholesale buying and selling and buying and selling of prohibited materials can become the basis for the practice of buying and selling wholesale carried out by hair cutting services.
RELEVANSI QIYAS DALAM STRUKTUR HUKUM ISLAM Ahmad Fauzi
MAQASHID Vol. 5 No. 2 (2022): Nov 2022
Publisher : Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v5i2.947

Abstract

Al-Qur'an, Hadith, Ijma, and Qiyas are the four main texts of Islamic law accepted by the scholars. On the other hand, Islamic law that is often cited by religious figures other than those listed above is istihsan, maslahah mursalah, istishab, "uruf, madzhab as-Shahabi, and syar'u man qablana. The existence and blasphemy of qiyas as a first step in establishing law still raises several problems and heated debates in the short term. Not all of the Qur'an, Sunnah, or Ijma' acknowledge the status of qiys as a valid legal proposition. The author tries his best in this case to describe a little about the views of the Syafi'iyyah jumhur ulama' towards the position of qiyas as one of the methods of establishing law in Islam. Therefore, without exception, those who use common sense in Islamic law will also be able to grow the spirit of Islam itself. Apart from using the available databases of books and nomenclature of Islamic law, this method of library research also using descriptive analysis.Based on the analysis, it was found that the level of relevance of qiyas as a method has been h has increased significantly since this writing was written, especially considering the region and spread of Islam which is basically cross-country, cross-national and cross-cultural. Qiyas remains a necessity for Muslims, which shows that not everyone is capable of doing istinbaht or drawing conclusions about Islamic law.

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