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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 11 Documents
Search results for , issue "Vol. 3 No. 2 (2023)" : 11 Documents clear
Kepemimpinan Perempuan Dalam Perspektif Hukum Islam : (Studi Komparatif antara Pemikiran kh. Husein Muhammad dan Asghar Ali Engineer) Dendy Wahyu Anugrah; M. Amir Mahmud
ASASI: Journal of Islamic Family Law Vol. 3 No. 2 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i2.276

Abstract

Discourse on women to date has been dialectical. Speculative viewpoints that are not in accordance with Islamic rules or law are forcibly used as a reference for supporters of patriarchal culture. Placing women inferior to men is not in accordance with the religious vision of Islam. Different views of scholars regarding the role of women in the public sphere need to be reviewed in order to provide a comprehensive and fair understanding. So, to answer and complement research that continues to answer the dilemmatization of women's leadership, the methods used are library research and comparative studies. The results showed that the thinking of KH. Hussein Muhammad and Asghar Ali Engineer have similarities and differences that are quite clear. Both agreed, supported and explicitly stated that the position of women as leaders is permissible in Islam. However, what is interesting is the difference in methods used by the two Muslim scholars.
Nalar-Moderat Mazhab Mutakallimin dan Implikasinya pada Pencatatan Nikah di Indonesia Mansur Mansur; Abu Yasid; Lathoif Ghozali; Iskandar Ritonga
ASASI: Journal of Islamic Family Law Vol. 3 No. 2 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i2.281

Abstract

The purpose of this study is to explain moderate thoughts in the deductive reasoning of the Mutakallimin School and their implications for influencing state policy in Indonesia, especially in the matter of registering marriages. With the regulation of Law no. 1 of 1974 concerning the obligation to register marriages through the KUA, reaping controversy and recent deviant behavior such as online siri marriages. This manuscript study using the Content Analysis method examines the deductive method of the Mutakallimin School included in the book Al-mahshul fi ilmi al ushul. As a result, the moderate reasoning of the Mutakalllimin School with the pioneers of the two Ar-Razi, namely Rhazes (925 AD) and Ar-Razi through linguistic studies of deductive reasoning has a moderate character, so that it has implications for the regulation of marriage registration at the Office of Religious Affairs (KUA) extracted from the pronunciation of ' am mutlaq "tadaayantum" in the Al-Qur'an Surah Al-Baqarah: 282.
Wakaf Asuransi Syariah Perspektif Maqashid al-Shariah al-Ghazali Moh Subhan
ASASI: Journal of Islamic Family Law Vol. 3 No. 2 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i2.284

Abstract

Waqf is one of the teachings of Islam that has dimensions of worship (ubudiyah) and economic (iqtishodiyah). Waqf functions as a source of funding for the Muslim community, which is utilized to support educational activities, research and study, hospitals, and social services. The concept of Waqf continues to evolve with the development and progress of time. The derivatives of Waqf products have become more diverse, ranging from conservative forms of Waqf to productive Waqf. One of the forms of productive Waqf that emerged in the 2020s is Waqf insurance, where this model of Waqf provides not only protection but also a continuous investment in rewards for the Waqif (the one who donates the Waqf). Waqf in Sharia-compliant insurance products differs from the general concept of Waqf that has been practiced by the community. Sharia-compliant insurance Waqf provides convenience for the community to engage in Waqf by utilizing the benefits of insurance and the benefits of investment in Sharia-compliant insurance. In the context of Maqasid al-Shariah (the objectives of Islamic law) according to Al-Ghazali, the Waqf products of insurance benefits and investment benefits have significant significance in terms of maslahah dharuriyah, which is to protect the five essential elements, namely ijabiyah (affirmation) and salbiyah (negation). In this context, Sharia-compliant insurance Waqf can provide benefits by empowering the community through healthcare financing, education, poverty alleviation, and creating social welfare.
Periodisasi Hukum Islam : (Meneropong Praktik Hukum Islam Pada Masa Awal Islam dan Realisasinya di Indonesia) Amalina Zukhrufatul Bahriyah; Ahmad Mahrus; Moh. Mujibur Rohman
ASASI: Journal of Islamic Family Law Vol. 3 No. 2 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i2.285

Abstract

This article is a conceptual study of the periodization of the development of Islamic law, starting from the time of the Prophet Muhammad who brought Islamic dogmatic teachings, continuing during the time of the Companions as the second holders of the relay of Islamic civilization. And then its development in the following period until the implementation of Islamic law which began to be contained in Indonesian law, as formal law. The problems studied are as follows: 1) What are the sources of Islamic law?, 2) What is the method of establishing Islamic law in the early period, friends and tabi'in?, 3) How is the implementation of Islamic law in Indonesian national law? The aim is to find out the most important sources of Islamic law. In addition, to find out the method of establishing Islamic law in the early period, companions and tabi'in, as well as its implementation in Indonesia. Based on the form of this research is normative research with library research data collection techniques. From the data obtained then developed with data analysis in the form of a flow-model.
Tradisi Ompangan Tengka Walimatul Ursy Perspektif Urf dan Maslahah Mursalah: (Studi Kasus di Desa Karduluk, Kec. Pragaan, Kab. Sumenep) Affan Riadi
ASASI: Journal of Islamic Family Law Vol. 3 No. 2 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i2.291

Abstract

The tradition of Ompangan Tengka Wali>mat al-'Urs which is sometimes enlivened with entertainment, where this entertainment requires a sizable budget, this will lead to prolonged and accumulating debts, even the Ompangan Tengka debt is passed on to their children and grandchildren. The focus of this study (1) The reasons for the Karduluk community to preserve the Ompangan Tengka Wali>mat al-'Urs tradition (2) 'Urf's view of the Ompangan Tengka Wali>mat al-'Urs tradition (3) The approach used in this study is a descriptive- analysis. Data collection techniques used are interviews, observation, and documentation. Data analysis techniques were carried out by means of data reduction, data categorization, data analysis, drawing conclusions. To check the validity of the data the researcher uses triangulation. The results of this study found that (1) the Karduluk community preserved the Ompangan Tengka Wali>mat al-'Urs tradition as follows: First, traditions or ancestral heritage. Second, the strong social spirit of the Karduluk community. Third, long-term investment. Fourth, capital for the celebration of Wali>mat al-'Urs. Fifth, the actualization of Islamic religious recommendations. (2) Viewed from the perspective of 'Urf, the Ompangan Tengka Wali>mat al-'Urs tradition is categorized as follows: First, in terms of its object, the Ompangan Tengka Wali>mat al-'Urs tradition is 'Urf al-'Amali>. Second, in terms of coverage it belongs to 'Urf al-'Am. Third, in terms of its validity in syara', it is included in 'Urf al-S}ahi>h.
Kepemimpinan Perempuan Dalam Perspektif Hukum Islam : (Studi Komparatif antara Pemikiran kh. Husein Muhammad dan Asghar Ali Engineer) Anugrah, Dendy Wahyu; Mahmud, M. Amir
ASASI: Journal of Islamic Family Law Vol. 3 No. 2 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i2.276

Abstract

Discourse on women to date has been dialectical. Speculative viewpoints that are not in accordance with Islamic rules or law are forcibly used as a reference for supporters of patriarchal culture. Placing women inferior to men is not in accordance with the religious vision of Islam. Different views of scholars regarding the role of women in the public sphere need to be reviewed in order to provide a comprehensive and fair understanding. So, to answer and complement research that continues to answer the dilemmatization of women's leadership, the methods used are library research and comparative studies. The results showed that the thinking of KH. Hussein Muhammad and Asghar Ali Engineer have similarities and differences that are quite clear. Both agreed, supported and explicitly stated that the position of women as leaders is permissible in Islam. However, what is interesting is the difference in methods used by the two Muslim scholars.
Nalar-Moderat Mazhab Mutakallimin dan Implikasinya pada Pencatatan Nikah di Indonesia Mansur, Mansur; Yasid, Abu; Ghozali , Lathoif; Ritonga, Iskandar
ASASI: Journal of Islamic Family Law Vol. 3 No. 2 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i2.281

Abstract

The purpose of this study is to explain moderate thoughts in the deductive reasoning of the Mutakallimin School and their implications for influencing state policy in Indonesia, especially in the matter of registering marriages. With the regulation of Law no. 1 of 1974 concerning the obligation to register marriages through the KUA, reaping controversy and recent deviant behavior such as online siri marriages. This manuscript study using the Content Analysis method examines the deductive method of the Mutakallimin School included in the book Al-mahshul fi ilmi al ushul. As a result, the moderate reasoning of the Mutakalllimin School with the pioneers of the two Ar-Razi, namely Rhazes (925 AD) and Ar-Razi through linguistic studies of deductive reasoning has a moderate character, so that it has implications for the regulation of marriage registration at the Office of Religious Affairs (KUA) extracted from the pronunciation of ' am mutlaq "tadaayantum" in the Al-Qur'an Surah Al-Baqarah: 282.
Wakaf Asuransi Syariah Perspektif Maqashid al-Shariah al-Ghazali Moh Subhan
ASASI: Journal of Islamic Family Law Vol. 3 No. 2 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i2.284

Abstract

Waqf is one of the teachings of Islam that has dimensions of worship (ubudiyah) and economic (iqtishodiyah). Waqf functions as a source of funding for the Muslim community, which is utilized to support educational activities, research and study, hospitals, and social services. The concept of Waqf continues to evolve with the development and progress of time. The derivatives of Waqf products have become more diverse, ranging from conservative forms of Waqf to productive Waqf. One of the forms of productive Waqf that emerged in the 2020s is Waqf insurance, where this model of Waqf provides not only protection but also a continuous investment in rewards for the Waqif (the one who donates the Waqf). Waqf in Sharia-compliant insurance products differs from the general concept of Waqf that has been practiced by the community. Sharia-compliant insurance Waqf provides convenience for the community to engage in Waqf by utilizing the benefits of insurance and the benefits of investment in Sharia-compliant insurance. In the context of Maqasid al-Shariah (the objectives of Islamic law) according to Al-Ghazali, the Waqf products of insurance benefits and investment benefits have significant significance in terms of maslahah dharuriyah, which is to protect the five essential elements, namely ijabiyah (affirmation) and salbiyah (negation). In this context, Sharia-compliant insurance Waqf can provide benefits by empowering the community through healthcare financing, education, poverty alleviation, and creating social welfare.
Periodisasi Hukum Islam : (Meneropong Praktik Hukum Islam Pada Masa Awal Islam dan Realisasinya di Indonesia) Bahriyah, Amalina Zukhrufatul; Mahrus, Ahmad; Rohman, Moh. Mujibur
ASASI: Journal of Islamic Family Law Vol. 3 No. 2 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i2.285

Abstract

This article is a conceptual study of the periodization of the development of Islamic law, starting from the time of the Prophet Muhammad who brought Islamic dogmatic teachings, continuing during the time of the Companions as the second holders of the relay of Islamic civilization. And then its development in the following period until the implementation of Islamic law which began to be contained in Indonesian law, as formal law. The problems studied are as follows: 1) What are the sources of Islamic law?, 2) What is the method of establishing Islamic law in the early period, friends and tabi'in?, 3) How is the implementation of Islamic law in Indonesian national law? The aim is to find out the most important sources of Islamic law. In addition, to find out the method of establishing Islamic law in the early period, companions and tabi'in, as well as its implementation in Indonesia. Based on the form of this research is normative research with library research data collection techniques. From the data obtained then developed with data analysis in the form of a flow-model.
Tradisi Ompangan Tengka Walimatul Ursy Perspektif Urf dan Maslahah Mursalah: (Studi Kasus di Desa Karduluk, Kec. Pragaan, Kab. Sumenep) Riadi, Affan
ASASI: Journal of Islamic Family Law Vol. 3 No. 2 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i2.291

Abstract

The tradition of Ompangan Tengka Wali>mat al-'Urs which is sometimes enlivened with entertainment, where this entertainment requires a sizable budget, this will lead to prolonged and accumulating debts, even the Ompangan Tengka debt is passed on to their children and grandchildren. The focus of this study (1) The reasons for the Karduluk community to preserve the Ompangan Tengka Wali>mat al-'Urs tradition (2) 'Urf's view of the Ompangan Tengka Wali>mat al-'Urs tradition (3) The approach used in this study is a descriptive- analysis. Data collection techniques used are interviews, observation, and documentation. Data analysis techniques were carried out by means of data reduction, data categorization, data analysis, drawing conclusions. To check the validity of the data the researcher uses triangulation. The results of this study found that (1) the Karduluk community preserved the Ompangan Tengka Wali>mat al-'Urs tradition as follows: First, traditions or ancestral heritage. Second, the strong social spirit of the Karduluk community. Third, long-term investment. Fourth, capital for the celebration of Wali>mat al-'Urs. Fifth, the actualization of Islamic religious recommendations. (2) Viewed from the perspective of 'Urf, the Ompangan Tengka Wali>mat al-'Urs tradition is categorized as follows: First, in terms of its object, the Ompangan Tengka Wali>mat al-'Urs tradition is 'Urf al-'Amali>. Second, in terms of coverage it belongs to 'Urf al-'Am. Third, in terms of its validity in syara', it is included in 'Urf al-S}ahi>h.

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