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ASA
Published by Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso
ISSN : -     EISSN : -     DOI : -
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 20 Documents
 1   2 
Problematika Pembagian Harta Warisan Dalam Tradisi “Sangkolan” Pada Masyarakat Madura Perantauan : ( Studi Kasus Di Desa Sumberbulus Kecamatan Ledokombo Kabupaten Jember ) Suparjo Adi Suwarno
ASA Vol 3 No 1 (2021): Agustus
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

Life in indigenous peoples is very closely related to the system of kinship and kinship. Thus, not closingthe possibility of causing problems related to personal interests such as the issue of the division of inheritance land, which often causes disputes within the family environment. Indigenous peoples are regular and permanent community units whose members are not only bound to a certain residence or area. The division of inheritance using the customary law system is not without problems. From the data collected by researchers, inheritance dispute cases at the Jember Regency Religious Court show that inheritance disputes are still the most common cases being tried. In this study, the researcher intends to unravel and find the root of the problem and provide solutions to problems that are often faced by people who still use sangkolan customary law. This study reveals various probelimatika that occur in the practice of the "sangkolan" tradition which has a bad impact on social relations. With this study, researchers found various problems that needed to be resolved either through the media or through deliberation.
Konsep Mediasi Konflik Suami Istri Menurut Tafsir Surah An-Nisa’ Ayat 35 Misbahul Munir
ASA Vol 3 No 1 (2021): Agustus
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

Marriage is a contract or agreement made by a man and a woman who are not mahram to form a sakinah, mawaddah, warahamah household. However, it is possible that in a marriage whose purpose is to create, form, and foster a sakinah mawaddah warahmah family, disputes, squabbles, and conflicts occur between husband and wife, ranging from conflicts that seem mild, moderate, to severe such as conflicts due to economic problems, emotional problems. , love issues, third person issues and other similar issues that have the potential to lead to prolonged and protracted conflict and lead to divorce or thalaq.To overcome the occurrence of conflicts and protracted and protracted problems that lead to divorce, the Qur'an offers a very interesting concept to be used as a solution in resolving conflicts between husband and wife. The concept in question is the concept of Mediation. Mediation is a step taken by someone to resolve a dispute between two or more people by way of negotiation so as to produce a peace. Mediation is an effort to resolve conflicts by involving a neutral third party, who does not have the authority to make decisions that helps the disputing parties reach a solution (solution) that is accepted by both parties.
Kafaah Dalam Pernikahan Menurut Ulama Fiqh Ahmad Dahlan; Mulyadi
ASA Vol 3 No 1 (2021): Agustus
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

To realize the goal of marriage, the prospective husband and prospective wife before making a choice to build a household, it is necessary to have equality and a common vision and mission, at least to have equality in terms of religion, belief, social status, and so on. The equality and equality between husband and wife in the scope and context of marriage is called kafaah. Kafaah in marriage is very important because Kafaah is the foundation and main support for achieving the goal of marriage, namely the establishment of a sakinah, mawaddah, warahmah family. Kafaah is not a requirement for a valid marriage, but Kafaah has an important role in the formation of a harmonious family. Kafaah in marriage is the balance and harmony between the prospective wife and the prospective husband so that each candidate does not find it difficult to get married. Or a man is equal to his future wife, equal to position, equal in social level and equal in character and wealth. Therefore, it is recommended that both prospective husbands and prospective wives get to know each other and know each other's personalities, including their religious similarities, social status similarities, and living conditions.
Peran Kyai dalam Membina Keharmonisan Keluarga Pondok Pesantren Zainul Arifin; Haderi; Taufik
ASA Vol 3 No 1 (2021): Agustus
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

The kiai is the central figure in the Islamic boarding school and has its own characteristics compared to other educational figures. In developing Islamic boarding schools, of course, the kiai has a strategy that is adapted to his capacity, such as the development of strategies for increasing human resources in outer and inner independence to lead families, students and communities.The purpose of this study is to describe the role of the kyai as a leader in managing the dynamics of family harmony (Household, Santri and Community) in the Islamic boarding school environment.This study uses a descriptive qualitative approach. By case study type. Data collection techniques in this study were in-depth interviews, observation, and documentation. The data analysis uses data condensation, data presentation, and drawing conclusions.The role of the Kyai is to use his function properly to provide mutual benefits to others, where as religious leaders often provide religious teachings and lectures so that it is possible for a kyai to become the center of attention and be used as a role model by the family of alumni students and the community. Kyai's steps in fostering family harmony in Islamic boarding schools have varied ways of giving their roles. To develop leadership integrity in the community, their families and students, they must have a strategy, namely respecting family, friends or other people, building trust between individuals and creating harmony, strengthening shared values. create a communication that has a certain pride and find the basics of common ground.
Analisis Hukum Keluarga Islam Terhadap Tradisi Abekhalan Dan Implikasinya Pada Calon Pengantin Taufik
ASA Vol 3 No 1 (2021): Agustus
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

Abhekalan tradition is a tradition of East Java, especially Bondowoso. In practice, the tradition gets a lot of spotlight because it has violated the rules of Islam so that it deviates from the sacred purpose of the marriage sermon. A bhekalan in the tradition of Islamic law is synonymous with khitbah (proposal). The purpose of the courtship is to show the seriousness of a person to establish a relationship and bind the woman who has been betrothed so as not to be betrothed by another man, as long as the first suitor has not canceled the proposal.The purpose of this research is to reveal the phenomenon of the people of Sukokerto, Pujer District in carrying out the Abhekalan tradition and its implications for the bride and groom who will enter the wedding gate.This study uses a descriptive qualitative approach. With this type of Empirical Law research. The data source uses primary and secondary data sources. The data collection techniques are observation, interviews and documentation. The data analysis uses the Miles - Huberman and Saldana Interactive Analysis Model which includes data condensation, data reeduction, data presentation, and drawing conclusions. Checking the validity of the data using triangulation of data sources, methods, and theoriesThe results showed that there was a deviant behavior due to the Abhekalan Tradition that occurred in the village of Sukokerto, Pujer District, Bondowoso regency, as well as the analysis of Islamic family law perspective. The tradition of "Abhekalan," as a pre-marriage process is a hereditary tradition in most East Javanese communities, especially Bondowoso, including Pujer District .. In the analysis of Islamic family law, this phenomenon can not be claimed as a right. There are various verses of the Qur'an and Hadith that can be used as an analysis knife
PERSPEKTIF HUKUM PIDANA ISLAM TERHADAP TINDAK PIDANA PENIPUAN DI MEDIA ELEKTRONIK Abd Manab
ASA Vol 4 No 1 (2022): Februari
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

Islamic Criminal Law against Fraud in Electronic Media. The main problem is how is the perspective of Islamic criminal law on fraud in electronic media. From the subject matter, the authors formulate the problem, namely: Efforts to protect consumers from fraud in online transactions?, Islamic law views on online buying and selling fraud?. The type of research used in this journal is field research (Field Research) which is descriptive qualitative. The data sources are primary data sources through interviews. This research also contains secondary data sources through analysis of books, laws and regulations. The results of this study explain that legal protection efforts against consumers in the occurrence of online transaction buying and selling fraud, namely in law number 8 of 1999 it has been stated about the rights and obligations of consumers, if the consumer's rights are not fulfilled by the seller, the consumer has the right to demand compensation from the seller. seller or compensation, besides that the perpetrators can also be criminally sued according to article 378 of the Criminal Code and article 28 paragraph 1 of the ITE Law. Then, the view of Islamic law in the occurrence of online buying and selling fraud is ). The implication of this research is that the government should pay more attention to cyber crime, especially in e-commerce crimes by making special rules that regulate more specifically about crimes that occur in e-commerce and also especially consumers to be more careful in shopping online. Don't be easily provoked by the discount or promo system.
PELAKSANAAN THE FIVE C’S OF CREDIT ANALYSIS DALAM PEMBERIAN KREDIT PEMILIKAN RUMAH DI BANK TABUNGAN NEGARA CABANG PAMEKASAN Abd Manab
ASA Vol 4 No 1 (2022): Februari
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

Banking is everything related to banks, including institutions, business activities, as well as methods and processes in carrying out their business activities. This is contained in Law Number 7 of 1992 jo. Law Number 10 of 1998 concerning Banking Article 1 number 1. The main function of banking in Indonesia is to collect funds and distribute public funds. In carrying out its functions, banking in Indonesia must be based on economic democracy by using the principle of prudence. The State Savings Bank Pamekasan Branch provides housing loans in the form of payments in installments and each grant to prospective debtors by going through the credit application procedure and through an analysis process of providing credit for the proposed credit, after completing administrative procedures. The analysis used in banking is the 5 C Analysis (The Five C's of Credit Analysis) namely character, capital, capacity, collateral, and condition of economy. The legal rules related to the principle of The Five C's Of Credit Analysis in the provision of mortgage loans based on Law Number 10 of 1998 concerning Banking are in accordance with (Article 8 especially paragraphs 2), 11, 29, and 49. Banks must have confidence in their ability and the ability of the debtor customer, among others, obtained from a careful and careful assessment of the character, ability, capital, collateral, and business prospects of the debtor customer. The implementation of the five c's of credit analysis in providing home ownership loans at the Pamekasan Branch of the State Savings Bank has been carried out to determine which debtors are eligible for loans. Assessment of character/ character, capacity/ ability, capital/ capital, collateral/ guarantee, condition of economy/ economic condition is carried out during the credit application procedure and analysis of the credit application that has been submitted. Banks will be able to assess the five c's of credit analysis of each debtor at the time of filling out the credit application form, interview, and visiting the debtor's residence. Thus, the investigation of the truth of the information provided by the debtor is true or not true. In granting home ownership loans, it cannot be separated from bad credit which is influenced by the debtor's business failure, bad character, moving, and death, which is less than 2% per year.
PROSESI PRA PERNIKAHAN DALAM ADAT MANDAILING PERSFEKTIF HUKUM ISLAM: Studi Kasus Kabupaten Padang Lawas Husnul hayana
ASA Vol 4 No 1 (2022): Februari
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

The pre-perniciousprocession in the Mandailing custom is a tradition that has hitherto been carried out. This research was conducted to find out how the perception of the community hopes that the traditional pre-marriage procession is carried out, how to implement the pre-wedding procession in Hutaraja Lama Village, The method used in this study uses two theories to analyze this problem, namely using the theory in Islamic law, namely 'urf. Metode qualitative research focused on field research (field research) is descriptive analytical based on data obtained from the field. The public perception of the pre-wedding process is gratitude to Allah STW has provided smoothness and convenience, the implementation of the pre-wedding procession in Hutaraja Lama Village goes through several stages, starting from mangaririt boru, padamos hata, patobang hata, and senior sere. Post-wedding processions such as, marulahari, mangupa-upa and so on, all of this is inseparable from the customs that are still inherent in the Mandailing custom. All traditional practices of Mandailing are inseparable from the role of dalihan na tolu mainly in terms of marriage. The urf included in the Marriage Procession in the Mandailing custom is 'urf fasid which is a rule that applies and is recognized by the community but is contrary to Islamic law.
PEREMPUAN DAN PERNIKAHAN USIA DINI: Studi Tentang Kemerdekaan Perempuan dan Belenggu Pernikaan Usia Dini Amrotus Soviah
ASA Vol 4 No 1 (2022): Februari
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

This research will not be finished when dealing with the context of community habits that shackle and cultivate the practice of early marriage. This habit must be overcome by evaluation
PREDIKAT NEGATIF MENIKAH SEBELUM KULIAH DI PERGURUAN TINGGI DITINJAU DARI UU PERKAWINAN Dody Wahono Suryo Alam
ASA Vol 4 No 1 (2022): Februari
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

One of the conditions for a valid marriage according to the Marriage Law No. 1 of 1974 is that the male is 19 years old and the female is 19 years old. But after complying with the marriage law, it turns out that

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