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Habibi Al Amin
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Universitas Hasyim Asy'ari Tebuireng, Jl. Irian Jaya No.55, Cukir, Kec. Diwek, Kabupaten Jombang, Jawa Timur 61471
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SHAKHSIYAH BURHANIYAH : Jurnal Penelitian Hukum Islam
Published by Universitas Hasyim Asy'ari
ISSN : 24778664     EISSN : 27984451     DOI : https://doi.org/10.33 752/sbjphi.v9i1
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Focus and Scope Shakhsiyah Burhaniyah Jurnal Penelitian Hukum Islam welcome papers from academicians on theories, philosophy, conceptual paradigms, academic research, as well as religion practices. In particular, papers which consider the following general topics are invited. Marriage Inheritance Testament (washiah) Divorce Property in marriage Childcare Women and children rights The rights and obligations of family Endowments (wakaf) Marriage and Gender Fiqh and Usul Fiqh Indonesia and Islamic Law Islamic Law and Pesantren Tradition
Arjuna Subject : Ilmu Sosial - Hukum
Articles 56 Documents
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PERMOHONAN DISPENSASI KAWIN PERSPEKTIF MASHLAHAH MURSALAH: Studi Kasus di Pengadilan Agama Kabupaten Magetan tahun 2022 Kosiungan, Yon Indra Wahyudi; Faruq, Ahmad
SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam Vol. 9 No. 1 (2024): Shakhsiyah Burhaniyah: Jurnal Penelitian Hukum Islam
Publisher : LPPM UNHASY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/sbjphi.v9i1.4360

Abstract

This research uses qualitative research with a juridical-sociological approach method. The data collection techniques used are interviews, observations, and document studies. The regulation regarding marriage dispensation regulated by Article 7 of Law Number 16 of 2019 concerning Marriage Age Limits can be considered from the mashlahah mursalah perspective. This is because the requirements of mashlahah mursalah in istinbaá¹­ law are fulfilled, namely that the benefit must be in line with the main objectives of sharia, such as preserving religion, preserving the soul, preserving the mind, preserving offspring, and preserving property. as long as it does not conflict with naá¹£h, so it can be considered in the case of marriage dispensation.
Kepercayaan Bulan Suro, Pernikah PANDANGAN HUKUM ISLAM TERHADAP EKSISTENSI KEPERCAYAAN ADAT JAWA DALAM PERNIKAHAN BULAN SURO: Pada Masyarakat Muslim Desa Keras Kecamatan Diwek Kabupaten Jombang Della, Della Ika Ayuningtyas; Afif , Abdullah
SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam Vol. 9 No. 1 (2024): Shakhsiyah Burhaniyah: Jurnal Penelitian Hukum Islam
Publisher : LPPM UNHASY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/sbjphi.v9i1.4399

Abstract

This thesis aims to find out the review of Islamic law in Javanese customary beliefs towards the marriage of the Moon of Suro. The author will explain how the public views the marriage belief of the month of Suro, how Islamic law views the belief, and how the impact if it continues to carry it out. This research is a qualitative field research with an empirical normative approach. The author uses data analysis techniques in the form of objective interpretations. Conclusion of the study For the community to be more careful in carrying out things or things related to worship, by straightening intentions or returning everything to God alone. Because intention is a very important capital in carrying out something. People must be aware that customary law is a human product while God's law is a provision that comes from God, so customary law cannot be used as a guide in every problem resolution. In the application of Islamic law, it must prioritize the welfare of the people, as stated in the theory of 'urf, so this needs to be studied more deeply so as not to cause confusion among Muslims, especially the Javanese Muslim community who will carry out the Suro Moon wedding. Keyword : Suro Moon Beliefs, Javanese Marriage, Islamic Law.
Tradisi Buwuh Pernikahan Di Desa Panjang Jiwo : Dalam Perspektif Hukum Islam Husain, Muhammad Ilham Nur Hasan; Afif, Abdullah
SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam Vol. 9 No. 1 (2024): Shakhsiyah Burhaniyah: Jurnal Penelitian Hukum Islam
Publisher : LPPM UNHASY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/sbjphi.v9i1.4502

Abstract

The Buwuh tradition in several areas has a different way of pronouncing it. Some Javanese people call it a nyumbang which aims to help neighbors who have needs. Although in the end it was returned when the buwuh had an intention. This is like the people of Panjang Jiwo Village, Tenggilis Mejoyo District, Surabaya City. This study aims to find out how the buwuh tradition is practiced in walimah al-ursy in the people of Panjang Jiwo Village and their views on Islamic law. This research is field research with descriptive analysis and data collection using observation, interviews and documentation. While the approach uses legal anthropology. The results of this study are that the buwuh tradition occurs because of the basic attitude of wanting to help the community, rising in the form of material or non-material. The custom that occurs in Panjang Jiwo Village, Surabaya City regarding buwuhan on walimatul 'ursy is 'urf which has become a habit. So that it is not contrary to Islamic law, because there is nothing that is detrimental and harmed.
PANDANGAN TOKOH MASYARAKAT TERHADAP PERNIKAHAN DI BULAN SURO TINJAUAN HUKUM ISLAM : Studi Kasus di Desa Dragan Kecamatan Tamansari Kabupaten Boyolali Malik Hidayat, Nabil; Masrokhin, Masrokhin
SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam Vol. 9 No. 1 (2024): Shakhsiyah Burhaniyah: Jurnal Penelitian Hukum Islam
Publisher : LPPM UNHASY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/sbjphi.v9i1.4691

Abstract

People in Dragan Village avoid getting married in the month of Suro because it is said to bring bad luck. The overall objective of this study is to study how religious and political leaders view marriage in the month of Suro according to Islamic law. A qualitative, normative research strategy was used for this research. The next step is to collect data by conducting interviews and keeping notes in the field.According to research findings, marriages in the month of Suro originate from the desire to uphold ancestral customs. The results of the urf assessment include urf authentic if the motivation is only to avoid doubts and caution in getting married, but urf fasid if he feels that getting married in the month of Suro can bring disaster to the bride and groom.
EEKSISTENSI TRADISI MELEPAS AYAM PADA PERKAWINAN ADAT JAWA : PERSPEKTIF HUKUM ISLAM: Studi Desa Bedahlawak Kecamatan Tembelang Kabupaten Jombang Nafs, Laila Shafa'un; Afif, Abdullah
SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam Vol. 9 No. 1 (2024): Shakhsiyah Burhaniyah: Jurnal Penelitian Hukum Islam
Publisher : LPPM UNHASY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/sbjphi.v9i1.4700

Abstract

One of the Javanese traditional wedding ceremonies that we can still see in the village of Bedahlawak, Tembelang District, Jombang Regency, is the tradition of releasing chicken during a Javanese wedding. This research aims to understand the implementation of the tradition of releasing a chicken in Javanese traditional weddings in the village of Bedahlawak, as well as the muslim community’s views on this tradition and its connection to Islamic law. Through qualitative field research with a socio legal approach, using primary data collection techniques from the field such as observation, interviews, and documentation, as well as secondary data. The process of implementing this tradition takes place during the bridal entourage, where the bride’s and groom’s house are separated by a large river. Implementing this tradiyion is relatively short, starting with the recitation of prayers, and before crossing the bridge over the river, the chicken will be released on the bridge’s edge. There are people who continue to practice and those who abandon this tradition. Variations have also been found. If the tradition is performed with the intention of seeking help from someone other than Allah SWT, it can be considered as a forbidden practice ( haram ) and a corrupt tradition ( urf’ fasid ) . However, if the intention is good and only seeks safety from Allah SWT without any conflicting intentions, then it is considered a practice in accordance with Islamic law and a valid tradition ( urf shahih).
BATASAN USIA KANDUNGAN ANAK SAH TERHADAP WALI NASAB: pandangan masyarakat muslim desa pundong kecamatan diwek kabupaten jombang) Hari mulyanto, Ana maulida sabila
SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam Vol. 9 No. 2 (2024): Shakhsiyah Burhaniyah: Jurnal Penelitian Hukum Islam
Publisher : LPPM UNHASY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/sbjphi.v9i2.4806

Abstract

This research aims to find out the review of Islamic law in determining the limitation of gestational age on the status of children and nasab guardians.  The author collects data on how religious leaders resolve the issue of the status of the child's nasab from the nasab guardian in Pundong village. This research is a qualitative field research with a juridical sociological approach. Data collection techniques are interview, observation, and documentation. The author uses descriptive data analysis techniques. This study concludes that the settlement of the nasab status of children from nasab guardians in the community of Pundong Village, Diwek Subdistrict, Jombang Regency follows the rules made by the state, namely including the child's nasab to the father of his mother's legal marriage. The logical law that is built is that state regulations do not mention the limits of gestational age for determining the status of legal children
Bahasa Indonesia ANALISIS YURIDIS PERKARA PERCERAIAN NIKAH SIRI Illahi , Nur Wahyu; AKBAR, MOCHAMMAD FAHD
SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam Vol. 9 No. 2 (2024): Shakhsiyah Burhaniyah: Jurnal Penelitian Hukum Islam
Publisher : LPPM UNHASY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/sbjphi.v9i2.4873

Abstract

The subject raised in this thesis is the existence of a secret marriage but filing for divorce in the Religious Court. The judge uses Article 7 paragraph (3) letter a of the Islamic Law Compilation as a consideration to prove the marriage. This research analyzes the case number 7073/Pdt.G/2021/PA.Kab.Mlg regarding the consolidation of proving marriage and divorce according to positive law in Indonesia. The research method used is empirical research method through interviews and observations at the District Court of Malang with descriptive, evaluative, and prescriptive data analysis. The researcher analyzes the verdict number 7073/Pdt.Kab.G/2021/PA.Mlg using the Legal Ethical Theory, which indicates that the use of Article 7 (3) letter (a) of the Islamic Law Compilation is questionable in terms of legal interpretation when compared to applicable laws and regulations. However, despite this, the case remains valid, but legal certainty in case administration cannot be achieved.  
a PENGANGKATAN ANAK DAN AKIBAT HUKUMNYA DI PENGADILAN AGAMA JOMBANG: Analisis Penetapan Perkara Nomor : 611/Pdt.P/2022/Pa.Jbg mashudi, Mashudi
SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam Vol. 9 No. 2 (2024): Shakhsiyah Burhaniyah: Jurnal Penelitian Hukum Islam
Publisher : LPPM UNHASY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/sbjphi.v9i2.4895

Abstract

This Adoption is taking other people's children to be their own children. The process of adopting a child must go through a court order. This determination is made by the prospective adoptive parents and the biological parents of the child who is adopted to submit a case for the application for adoption to the Religious Courts. The government issued a policy for the welfare and protection of adopted children so that they have legal force by passing Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 Article 49 letter (a) number (20) concerning the Religious Courts. This type of research is field research conducted at the Class IA Jombang Religious Court to obtain primary and secondary data. Primary data is used to obtain information about the judge's considerations in giving a determination of adoption and the court process for determining adoption. Obtained by interviewing Judges who have experience in determining cases of adoption. Secondary data is data related to this research in the form of copies of stipulations and books related to stipulations of child adoption. The results of this study are to discuss cases of stipulation of child adoption in the Jombang Religious Court in receiving, examining, adjudicating and deciding the case so that can generate determinations. The case discussed in this study is Case Number 611/Pdt.P/2022/PA.Jbg at the Jombang Religious Court, in this case the Panel of Judges granted and determined the case for determining the adoption of a child by the applicant by looking at various aspects and existing considerations. The Panel of Judges gave a stipulation in this case through considerations that support the granting of the request, these considerations are due to several reasons and facts that exist and deserve to be accepted and given a stipulation by the Panel of Judges on the basis of positive law and the basis of Islamic law which governs it, so that will strengthen the stipulation handed down by the Panel of Judges during the trial in giving the stipulation of child adoption to the applicant. In the trial for the determination of adoption there are no replic and duplic because in this case there is no dispute or opponent, so the stipulation is only stipulation (declaratoir). Therefore, the Government enacted Law Number 54 of 2007 concerning adoption which also plays a role in outreach to the community through activities: counseling, consultation, counselling, mentoring and training to help the community get information and understand the requirements, procedures and procedures method of adoption.
HUKUM KEPEMILIKAN BARANG TAMBANG PERSPEKTIF FIQH MUAMALAH Wedi, Wedi Pratanto Rahayu; Syai'in, Syai'in
SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam Vol. 9 No. 2 (2024): Shakhsiyah Burhaniyah: Jurnal Penelitian Hukum Islam
Publisher : LPPM UNHASY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/sbjphi.v9i2.6647

Abstract

Ownership of mining goods provides enormous benefits for the owner. It is very important that there is appropriate law to regulate it. This research aims to find the law of ownership of mining goods, a muamalah fiqh perspective. The results of the research are according to fiqh muamalah that mining goods can be owned by ihraz al-Mubahat and the majority of ulama said that mining goods can be owned by individuals, while Malikiyah ulama said that mining goods can only be owned by the state, and the ownership of mining goods must be based on aqidah , morals, justice and maslahat.
TINJAUAN SADD AL-DZARĪ’AH TERHADAP PENETAPAN PERMOHONAN DISPENSASI KAWIN DI PENGADILANA AGAMA KEDIRI: Studi Penetapan Hakim Nomor 7/Pdt.P/2024/PA.Kab.Kdr nur hidayati jannah, amirah; Al Amin, Habibi
SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam Vol. 9 No. 2 (2024): Shakhsiyah Burhaniyah: Jurnal Penelitian Hukum Islam
Publisher : LPPM UNHASY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/sbjphi.v9i2.6910

Abstract

This research analyzes and discusses the determination of judge No. 7/Rev. P/2024/Pa.Kab.Kdr Sadd Al-Dharī'ah perspective. This research is liberal research or what is called library research. The data that has been collected is the judge's decision in case number 7/Pdt.P/2023/PA Kab. Kdr to be analyzed. The data collection method is carried out by observation and analysis of decisions. Data analysis uses descriptive analysis. This research concludes first, the legal considerations for determining the Judge of the Kediri Regency Religious Court No. 7/Pdt.P/2024/PA.Kab.Kdr is that the application for marriage dispensation is granted based on Article 12 paragraphs (1) and (2) PERMA Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Applications, Article 7 paragraph (2) of the Law. Law Number 1 of 1974 concerning Marriage which has been amended by Law Number 16 of 2019. Legal considerations by the Kediri Regency Religious Court Judge in determination No. 7/Pdt.P/2024/PA.Kab.Kdr sadd al-dharī'ah perspective is appropriate. This correspondence can be proven from wāṣīlah and ghāyah.

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