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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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TAFSIR AHKAM : : Logika Hukum Penetapan Kewajiban Nafkah dan Kadar Nafkah Perspektif Al-Qur’an dan Hadits al amin, habibi
SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam Vol. 10 No. 2 (2025): Shakhsiyah Burhaniayh: Jurnal Penelitian Hukum Islam
Publisher : LPPM UNHASY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/sbjphi.v10i2.10019

Abstract

The point of this research is to figure out the arguments for and against using legal logic in cases about alimony. The research method used is legal normative research. Data analysis employs the Ahkam interpretation method. The research data consists of Ahkam interpretations regarding maintenance, specifically: (Qs. An Nisa’:34), QS. At-Talaq[65]:6, (HR. Bukhari), (HR. An-Nasa’i and Ibn Majah). The results of this study conclude that the differences in legal logic in cases of alimony obligations and the amount of alimony between one school of thought and another are indicated by the differences in opinion between schools of thought, which simultaneously demonstrate the richness of Islamic fiqh methodology. Each imam, using their own framework of usul fiqh, interprets the primary sources (the Quran and Hadith) through different lenses, considering fiqh principles (such as custom, public interest, necessity, analogy), and sometimes prioritizing different principles, for example, the absolute protection of a wife's rights versus the ease for a husband facing economic difficulties. This is what shapes the pattern of legal reasoning and produces variations in legal rulings that remain within the bounds of Sharia, offering relevant alternative solutions for various conditions and eras.
DEKONSTRUKSI KEADILAN DALAM POLIGAMI: : Membaca Ulang Perlindungan Istri Pertama dalam dialektika Hukum Perkawinan di Indonesia. Syaf, Moh. Najib
SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam Vol. 10 No. 2 (2025): Shakhsiyah Burhaniayh: Jurnal Penelitian Hukum Islam
Publisher : LPPM UNHASY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/sbjphi.v10i2.10569

Abstract

Ostensibly characterized as among the most progressive in the Muslim world, Indonesia’s polygamy regulations—codified under Law No. 1/1974 and the Compilation of Islamic Law (KHI)—persistently fail to mitigate the socio-legal precarity of first wives due to systemic procedural circumvention. This research interrogates the functional failures in safeguarding the rights of first wives through the analytical lens of Maqasid al-Shari’ah (teleological legal reasoning). Utilizing a normative-juridical approach, the study delineates a state of "formalistic protectionism," wherein the mandated consent of the first wife is frequently compromised by structural coercion and patriarchal hegemony. The findings demonstrate that in the absence of quantifiable justice indicators and robust digital verification mechanisms, the statutory requirement of "equity" remains a mere legal fiction. The novelty of this research lies in its synthesis of Jasser Auda’s systems-based Maqasid theory with a proposed digitalized marriage registration ecosystem designed to eliminate the jurisdictional loopholes of unregistered (siri) polygamy. Ultimately, this study advocates for a paradigm shift in the procedural law of Religious Courts, mandating a transition toward substantive justice to align national family law with global Sustainable Development Goal (SDG) 5 mandates on gender equality
KUALITAS PERKAWINAN PADA PASANGAN USIA DINI : : Analisis Sosio-Legal di Komunitas Lokal Pedesaan Indonesia Nurjanah, Binti Qoriatun; Abid, Ruston; Nafik, Moh
SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam Vol. 10 No. 1 (2025): Shakhsiyah Burhaniayh: Jurnal Penelitian Hukum Islam
Publisher : LPPM UNHASY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/sbjphi.v10i1.10680

Abstract

The trend of child marriage in Indonesia remains high and is a chronic problem for the government and policymakers. The Indonesian government's commitment to addressing the issue of child marriage demonstrates political will by ratifying the Convention on the Rights of the Child through Presidential Decree No. 36 of 1990 and tightening the minimum age for marriage in Law No. 1 of 1974. Over the last decade, most researchers have focused on legal aspects and reproductive health. Several researchers have raised the issue of harmony, but it remains a general concept. An in-depth study of living law on how young couples negotiate “harmony” is important to complement the complexity of child and women's protection policies. This study aims to reveal the meaning behind the reality of underage couples in Sukomoro District, Nganjuk. The research approach employs a descriptive, qualitative approach, incorporating in-depth interviews with the actors. This study found that there is a “Maturity Myth,” in which the harmony displayed by couples is actually a camouflage to avoid the stigma of non-compliance with family norms. As a result, harmony becomes paradoxical, with the burden of independent domestic responsibilities. The researcher argues that contributors to disharmony are not only biological immaturity but also the failure of social roles in navigating the issue of child marriage and economic dependence. The results of this study provide an evaluation of the current marriage dispensation policy so that it considers not only administrative aspects but also the cognitive-social readiness of the couple.
PENERAPAN METODE ISTINBATH HUKUM PADA MASALAH KAFA'AH DALAM PERNIKAHAN adrianto; Haslinda, Haslinda
SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam Vol. 10 No. 2 (2025): Shakhsiyah Burhaniayh: Jurnal Penelitian Hukum Islam
Publisher : LPPM UNHASY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/sbjphi.v10i2.10520

Abstract

This study aims to describe Increasing how father as a wali of biology for marriage. in the matter of guardianship as nikah often becomes polemic in various cases of marriage especially those involving the biological father not legally recorded the data collection technique is using library research or library study research with data collection techniques carried out by examining literature, document, and other sources of information related to the Topik of researchers. The result of this study the first, legal status child born out of wedlock in indonesia regulated in the Marriage Law and Islamic Law and is further strengthened by the decision of the Constitutional Court Generally, an illegitimate child only has a civil relationship with their mother and her mother's family However, the verdict of Constitutional Court affirming that the child continues to have a civil relationship with their biological father if it can be scientifically and legally proven The second, The biological father must comply children's rights, such as the right to education right to obtain identity and the right to protection
Satu Metode Istinbaṭ dalam Hukum Qauli dan Ilḥaqi pada Baḥtsul Masaʾil Nahdlatul Ulama: Dialektika Tradisi, Rasionalitas, dan Relevansi Nurhuda, Abid; Azhar , Aurizan Himmi; Inas , Balqis; Asparina, Atropal; Rahim , Yusuf; Ansori, Inamul Hasan
SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam Vol. 10 No. 2 (2025): Shakhsiyah Burhaniayh: Jurnal Penelitian Hukum Islam
Publisher : LPPM UNHASY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/sbjphi.v10i2.10525

Abstract

The Baḥtsul Masaʾil tradition within Nahdlatul Ulama (NU) is an epistemological laboratory that links the authenticity of classical fiqh tradition with the social dynamics of Indonesian society. In this tradition, the istinbaṭ al-ḥukm method used is based on two main approaches: qauli and ilḥaqi. This article aims to examine in depth the epistemological, methodological, and contextual relevance of these two approaches in responding to modern Islamic legal problems. Using the analytical framework of uṣul al-fiqh and maqaṣid al-shariʿah, this study explains that the qauli approach functions to maintain the authority of the sanad of knowledge by strengthening the legitimacy of the school of thought texts, while the ilḥaqi approach opens up innovative space through social analogies and rational reasoning based on legal similarities. The findings show that the integration of the two produces a contextual, participatory, and humanistic model of ijtihad jama'i. In the contemporary context, NU's istinbaṭ method has proven adaptive to issues such as fintech, bioethics, and national legal plurality. Thus, Baḥtsul Masaʾil is not merely a traditional fatwa forum, but rather a dialectical space for Islamic law that revitalizes classical fiqh reasoning in the modern social landscape.
Pemenuhan Nafkah Dan Kepuasan Perkawinan Pada Keluarga Muslim Pedesaan Di Indonesia Wijaya, Jufri Aldhi
SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam Vol. 10 No. 2 (2025): Shakhsiyah Burhaniayh: Jurnal Penelitian Hukum Islam
Publisher : LPPM UNHASY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/sbjphi.v10i2.10530

Abstract

Academic debate regarding the relationship between financial support and marital satisfaction remains ongoing. Research in Western and East Asian countries tends to employ objective approaches to financial conditions, while the context of rural Muslim families in Indonesia—with the concept of nafkah (spousal maintenance) grounded in religious and socio-cultural values—has not been extensively studied empirically. This study aims to identify and analyze the determinant factors influencing marital satisfaction among rural Muslim families in Indonesia, with specific focus on the role of nafkah fulfillment, perceived adequacy, and its relevance to household harmony. This study employed a qualitative approach with data collection techniques including observation, in-depth interviews, and documentation (triangulation). The research was conducted in Bancong Village, Wonoasri District, Madiun Regency, East Java, Indonesia. The findings reveal that rural Muslim communities perceive the amount of nafkah as something that cannot be precisely determined, but rather depends on the husband's income and family needs. Household harmony is perceived as the comprehensive provision of affection and balance of spousal rights and obligations. More significantly, the community does not identify a direct relevance between the objective amount of nafkah and household harmony. The perception of nafkah adequacy—rather than absolute nominal value—emerges as a more essential factor in determining marital satisfaction. This research confirms that in the context of rural Indonesian Muslim families, subjective perception of financial support adequacy has a more significant influence on marital satisfaction compared to objective financial support amounts. These findings contribute to the development of contextual marital satisfaction theory and provide practical implications for marriage counselors and family social policymakers.

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