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Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
ASA Journal: Journal of Islamic Family Law Studies is a journal published by the Islamic Family Law Study Program (Ahwal Al-Syakhsiyyah) Abu Zairi Bondowoso Sharia College, this journal searches for articles related to Indonesian Islamic Family Law Problems, including: 1. Wedding 2. Early marriage 3. Wedding Traditions 4. Divorce Issues 5. Heritage Tradition 6. and others
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 5 No 2 (2023): AGUSTUS" : 5 Documents clear
TAJDIDUN NIKAH UNTUK LEGALITAS BUKU NIKAH PERSPEKTIF MASLAHAH Khoirin Andi, Ahmad; Holid, Muhammad
ASA Vol 5 No 2 (2023): AGUSTUS
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i2.71

Abstract

According to Positive Law, pursuant to newest Law that is [Code/Law] Number 16 Year 2019 about Change of Law Number 1 Year 1974 is connubial of marriage age definition have been turned into 19 year between men age and also woman. (iii) Resistance and constraint in face of nuptials phenomenon is early evaluated from existing invitation aspect that order legislation of marriage only made by complement value after books concept of fiqh traditional. This is one of the cause less maximal it application Legislation Of contemporary Law Family Moslem in field because of by legislation content there are some which interfere in or minimize disagree with philosophic value, and yuridis of sosiologis going into effect in society majority. As for effort conducted for the meminimalisir of nuptials early that is; grow awareness at society for the importance of education at children exself and the rising generation, cultivation of education of religion for every child, and also is same activity of party with KUA District
STUDI ISLAM BERBASIS NORMATIVE ISLAMIC AND HISTORICAL ISLAMIC Ahtar Baihaqi, Wahid; Mulyadi
ASA Vol 5 No 2 (2023): AGUSTUS
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i2.72

Abstract

The development and enrichment of Islamic studies should pay attention to the epistemology carried by the insider-outsider perspective. Epistemologies that have developed in the Islamic world such as al-bayan (rationalism), al-burhan (empiricism) and al-irfan (intuition) must be strengthened with epistemologies that develop with advances in knowledge that are commonly used as a scalpel for outsider analysis such as the phenomenology of religion, distanciation (distancing from the object), appropriation (appropriation of the object for the horizon of the self), ideology criticism (criticism of prejudice and religious illusions), imaginative variation (play of imagination of meaning), deconstruction (demolition of illusions and established doctrines), and hermeneutics (methodology and philosophy of interpretation). With the collaboration of insider and outsider epistemology, the tension between insider and outsider studies can be bridged. Regarding the latter, the idea of an inside-outsider crosscheck, where a scholar's study of a society's religion must be verified by members of that society, deserves to be appreciated.
PERNIKAHAN MELANGGAR MASA IDDAH DI TINJAU DARI PERSEPEKTIF HUKUM ISLAM DAN HUKUM POSITIf Heru Hresnawanza, Muhammad; Taufik
ASA Vol 5 No 2 (2023): AGUSTUS
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i2.73

Abstract

Marriage is a sunnah of the prophet that even if it is not recommended, humans in their nature will do marriage themselves. However, keep in mind that every time there is a meeting there must be a separation as well as marriage. So that if there has been a divorce then a woman carries out the iddah time but there are many incidents that do not do that rule so that it needs to be discussed by researchers. This research is a type of field research (field reseach) using qualitative methods. The types and sources of data used are primary data and secondary data, data collection techniques using observation, interviews and documentation. The results of this study are that a woman who has divorced her husband and carried out the iddah period, there are rules that must be avoided by the woman, including not being allowed to remarry, using perfume, and wearing clothes that can cause fitnah.
IMPLIKASI PERGESERAN KONSEP GENDER TERHADAP FORMULASI HUKUM ISLAM Kholida, Siti
ASA Vol 5 No 2 (2023): AGUSTUS
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i2.74

Abstract

This research is quantitative in nature. The data required in this study were collected using the following techniques: interviews, questionnaires and literature studies. The data collected was then processed by editing and coding techniques and then transferred into data recapitulation. Furthermore, the data that has been processed is analyzed by quantitative methods using different test techniques with the chi kwadrad formula and relationship test techniques with the product moment test formula. These techniques were used as estimation tools to determine the differences in attitudes based on the gender of the respondents with the rigidity and flexibility of their responses to the shifting concept of gender. Then the results of the analysis are presented in a descriptive-qualitative manner so as to illustrate the rigidity and flexibility of Islamic legal formulations and their gender shift patterns. From this research, it is assumed that the findings will be obtained that the responses of lecturers and students, both men and women, to the shifting concept of gender do not show any significant differences. In this case, lecturers and students, both male and female, respond to the shifting concept of gender with relatively similar attitudes and views and agree that gender is a socio-cultural construction of the standard image in the division of labor between men and women and not as nature as sex.
PERNIKAHAN DINI PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA Al-Muhajir, Achmad; Soviah, Amrotus
ASA Vol 5 No 2 (2023): AGUSTUS
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i2.75

Abstract

This research aim to know, view punish Islam and related positive law of nuptials phenomenon early. This research type that is research qualitative and use descriptive approach. As for source of used data that is primary data and data of sekunder. Technique data collecting cover: Observation, Interview and Documentation. Obtained data from result of research processed by using data analysis descriptively qualitative. Result of this research indicate that (i) Conception nuptials of age early according to Islam is immeasurable, its nucleus; core, nuptials early as long as fufilled its foundation condition of validity according to fiqh. (ii) According to Positive Law, pursuant to newest Law that is [Code/Law] Number 16 Year 2019 about Change of Law Number 1 Year 1974 is connubial of marriage age definition have been turned into 19 year between men age and also woman. (iii) Resistance and constraint in face of nuptials phenomenon is early evaluated from existing invitation aspect that order legislation of marriage only made by complement value after books concept of fiqh traditional. This is one of the cause less maximal it application Legislation Of contemporary Law Family Moslem in field because of by legislation content there are some which interfere in or minimize disagree with philosophic value, and yuridis of sosiologis going into effect in society majority. As for effort conducted for the meminimalisir of nuptials early that is; grow awareness at society for the importance of education at children exself and the rising generation, cultivation of education of religion for every child, and also is same activity of party with KUA District

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