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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 55 Documents
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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
HAK ASASI MANUSIA DALAM KAJIAN GENDER ANALISIS BIBLIOMETRIK TENTANG KESETARAAN DAN DISKRIMINASI Holid, Muhammad
ASA Vol 6 No 1 (2024): FEBRUARI
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v6i1.84

Abstract

This research method provides a comprehensive bibliometric analysis of the human rights research landscape in gender studies, specifically focusing on the topics of equality and discrimination. Using data collection, analysis and visualization techniques, this research aims to identify key research themes, trends, influential authors and publications, as well as knowledge gaps within the field. This analysis uses VOSviewer software for network visualization, which allows mapping of thematic groups and interconnections. These findings offer valuable insights to inform policy decisions, guide future research, and encourage interdisciplinary collaboration in achieving gender equality and the advancement of human rights.
EKSISTENSI WANITA KARIR DALAM MENDUKUNG KEHARMONISAN RUMAH TANGGA: DI DESA GUNOSARI, KECAMATAN TLOGOSARI, KABUPATEN BONDOWOSO Nurlaili; Soviah, Amrotus
ASA Vol 6 No 1 (2024): FEBRUARI
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v6i1.88

Abstract

This research focuses on examining the existence of career women in supporting family harmony. This research uses qualitative descriptive research. The research location is Gunosari Village, Tlogosari District, Bondowoso Regency. The basis for a career woman is education and personal desires. Meanwhile, the position of career women in households in Gunosari village is an emancipatory movement to support families in forming a harmonious household. The pattern for building a harmonious family is to apply time management, conflict management, emotional management and one-way mindset management while simultaneously giving in to each other, understanding and respecting each other.
PERSEPSI MASYARAKAT TENTANG TRADISI PAMOGIH DALAM PERNIKAHAN: STUDY KASUS DI DESA GUNOSARI KECAMATAN TLOGOSARI KABUPATEN BONDOWOSO Soviah, Amrotus; Hanik, Umi
ASA Vol 6 No 1 (2024): FEBRUARI
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v6i1.89

Abstract

The goal of marriage is to form a happy household and family in the context of sakinah mawaddah and warahmah families, which has implications for the benefit of the people. Each region has different wedding parties with their own characteristics in organizing them. The tradition of the Gunosari village community adds another way of arranging wedding ceremonies, namely, pamoghi. Traditions basically have a similar outline to offerings, begibeh (household furniture) and so on. Apart from the uniqueness of the term, this study also covers the process and its legal consequences. This research uses qualitative descriptive statistics and fieldwork. The results of this research show that the Pamogih tradition is a person's obligation to give items in a form such as necklaces, rings, dresses, and other household items agreed upon by both of them for celebrations, and these gifts are considered to have added value to society. This tradition is usually carried out before marriage ceremonies. Usually, goods are transferred after weddings. The legal consequences of violating or not following the Pamogih tradition include unfavorable opinions, slander, and community rejection.
NUMBUHKAN TAAT HUKUM SEBAGAI IMPLEMENTASI HUKUM DI INDONESIA BERDASAR ATAS HUKUM Wahono Suryo Alam, Dody
ASA Vol 6 No 1 (2024): FEBRUARI
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v6i1.96

Abstract

The level of legal awareness and citizens' adherence to the law can show the progress of a country. This factor of legal awareness and legal consciousness has an important role in the development of law; in other words, the lower the legal awareness of the community, the less legal compliance; conversely, the higher the legal awareness of the community, the stronger the legal compliance. The life of society and the state as a whole is more orderly. The research method uses descriptive qualitative. Research findings, public legal awareness which in turn will create a good law enforcement atmosphere, which can provide a sense of justice, create legal certainty in society and provide benefits for community members. The way to increase legal obedience or awareness is through education, enforcement and the role of society. With education means teaching that every human being is strived to have legal awareness of how to be a good citizen, the community will know about actions that violate the rules. In addition, law enforcement and the role of the community also need to be carried out in monitoring citizens' obedience to the law so that all people strive to obey.
TRADISI HANTARAN DALAM PROSESI KHITHBAH PERSPEKTIF HUKUM KELUARGA ISLAM DI DESA MENGEN KECAMATAN TAMANAN KABUPATEN BONDOWOSO Mulyadi
ASA Vol 6 No 1 (2024): FEBRUARI
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v6i1.97

Abstract

Khitbah or proposing is the first step that is actually legally permissible. Khitbah is a prelude to marriage. Khitbah or proposal is a prelude to marriage, it is recommended before there is a husband and wife bond with the aim that the time of entering marriage is based on research and knowledge and awareness of each party. The objectives of this study are (1) to describe the hantaran tradition in the Khitbah procession in Mengen Village, Tamanan Subdistrict, Bondowoso Regency, and (2) the hantaran tradition in the Khitbah procession from the perspective of Islamic Family Law in Mengen Village, Tamanan Subdistrict, Bondowoso Regency. The method used in this research is a skinative approach, the type of research is a case study. The technique of determining the informants of this study using porpusive sampling Data collection techniques in this study are The data analysis uses data collection, data reduction, data presentation, and conclusion drawing, The data validity technique used in this research is source and method tringulation. The Hantaran tradition in the Khitbah procession in Mengen Village, Tamanan Subdistrict, Bondowoso Regency involves bringing souvenirs and gifts as a symbol of seriousness in Khithbah. These gifts can include cakes, bread, toiletries, clothes, prayer tools, jewelry, etc., given to the party being proposed to or the proposing party. Not fulfilling this tradition can lead to unfavorable conversations and opinions from the local community and family. The purpose of the hantaran is to avoid controversy and negative impacts socially and culturally. It serves as a tribute to the prospective wife and her family, symbolizing the agreement and engagement bond. From the perspective of Islamic family law in the village of Mengen, this hantaran tradition is permissible and does not conflict with Sharia. It aligns with the intention of avoiding controversy and negative impacts, while honoring the prospective wife and her family and signifying the agreement and engagement between the parties.

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