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Contact Name
Mohsi
Contact Email
silamohsi@gmail.com
Phone
+6282332975294
Journal Mail Official
hkiiaimupamekasan@gmail.com
Editorial Address
Jl. PP Miftahul Ulum Panyepen Palengaan Pamekasan
Location
Kab. pamekasan,
Jawa timur
INDONESIA
Asasi: Journal of Islamic Family Law
ISSN : -     EISSN : 27752887     DOI : 10.36420
Jurnal Asasi adalah jurnal hukum keluarga Islam yang memuat tulisan tentang hukum perkawinan, perceraian, perwakafan dan kewarisan Islam. jurnal asasi dibuat sebagai wadah dosen dan praktisi hukum keluarga untuk menuangkan karya akademisnya, sebagai amal jariyah intelektual.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 13 Documents
Search results for , issue "Vol. 3 No. 1 (2022)" : 13 Documents clear
Konsep Dan Peran Istidlal Maqashid Al-Syari’ah Dalam Islam Sa’diyah, Halimatus; Hasanah, Sitti Lailatul
ASASI: Journal of Islamic Family Law Vol. 3 No. 1 (2022)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i1.198

Abstract

The law is a reference in the order of work, its inherent nature makes a person feel bad if he violates it. Of course, each rule contains specific aims and objectives. Islam recognizes this goal by the name maqashid al-shari'ah. Namely an implied meaning in the rules of Shari'a with five formulations, such as protecting religion, soul, mind, property and offspring. This research tries to unravel the concept and role of maqashid al-syari'ah in determining the proposition (istidlal). The nature of this research is library or doctrinal research with descriptive conceptual analysis
Prinsip Keadilan Dalam Penyelesaian Sengketa Hutang Piutang Di Masyarakat Sampang Madura Melalui Gadai Tanah Dwi S, Purwanto
ASASI: Journal of Islamic Family Law Vol. 3 No. 1 (2022)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Basic Agrarian Law does not only draw from the values of religious law but also draws from the values of customary law, as stated in Article 5 of Law no. 5 of 1960 concerning Basic Agrarian Regulations. This article aims to find out the principles of justice in settlement of debt and credit disputes in the Sampang Madura community through land pawning. Through qualitative research methods with a case study approach, the best solution to debt and credit disputes can be resolved wisely by staying true to legal law while accommodating local policies. Thus the implications of the findings in this article serve as a guide for similar cases, although specifically the principles of justice found are assumed to apply or be effective in areas that have a similar culture.
Konsep Akulturasi Fikih dan Maslahat Umum dalam Legislasi KHI Fanani, Zainal
ASASI: Journal of Islamic Family Law Vol. 3 No. 1 (2022)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i1.399

Abstract

The legislation of Islamic jurisprudence into law in Indonesia has attracted a lot of attention, because of the complexity of Islamic jurisprudence law which is founded on several schools of thought as well as considerations of public benefit. Public maslahah are intended to maintain order in community life in order to realize a sense of security, orderliness and justice, especially in relation to religious diversity. Pluralism, which is the motor of religious diversity, sometimes becomes a problem in itself in religion. Gender equality, which is often identified as bad for Islamic law, adds to the legislative complexity of Islamic law in Indonesia. Fiqh legislation in the form of a compilation of Islamic law (KHI) has certainly gone through a long debate in addressing fiqh as the raw material for Islamic law and the general interests of society. So research is needed to look for the concept of acculturation in the KHI in legislation and jurisprudence in the law. This research is library research which uses descriptive qualitative methods with a positive legal and Islamic law approach. With maslahah analysis theory, to find a common ground between jurisprudence and the interests of society (public maslahah). This research focuses on book I in KHI, which discusses marriage. In this research, it was found that the fiqh acculturation system and state interests in KHI were divided into three; 1. Holding a case that does not exist in Fiqh based on maslahah, 2. Rejecting a case that is contrary to the proposition based on the qath'i dilalah. 3. Elaborate on matters whose maslahah are certainly real , even though they conflict with the general opinion of the Ulama'.

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