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Asasi: Journal of Islamic Family Law
Published by Institut Agama Islam Miftahul Ulum Pamekasan
ISSN : -     EISSN : 27752887     DOI : 10.36420
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
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 5 Documents
 1 
Search results for , issue "Vol. 4 No. 1 (2023)" : 5 Documents clear
The Concept of al-Amwal in the perspective of Contemporary Islamic Law Rahman, Rahman
ASASI: Journal of Islamic Family Law Vol. 4 No. 1 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v4i1.427

Abstract

This article would like to explain the concept of al-amwal as part of a discussion of contemporary Islamic legal perspectives. The concept of al-amwal related to possessions is a very important necessity in life that cannot be separated from man. In this context, several forms of amwal include grants, alms, infak, waqf and so on. And the classification of al-amwal is divided into four parts, namely al-amwal al-bathiniyyah, al-amwal al-zhahiriyyah, al-amwal al-khash and al-amwal al-am. This research is a qualitative descriptive method using literature studies obtained from certain literature relevant to this research. The results of this study show that wealth is an important need in human life in seeking wealth for its existence in this world should be directed to the benefit of mankind collectively. Because if you pay attention to the initial process of the creation of nature, which is the wealth given by Allah Almighty, it is not only the property of individuals but also the right of all humans. Al-amwal is a divine gift that must be maintained in life. There is treasure because of entrustment from Him. So to get it there is no prohibition in looking for treasures both conventional and sharia
Biro Jodoh Online: Studi Aalisi Penggunaan Kaidah Dharar Nurulia Shalehatun Nisa
ASASI: Journal of Islamic Family Law Vol. 4 No. 1 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v4i1.428

Abstract

This research discusses the existence of a matchmaking agency using analysis of the rules of dharar (bad luck). There have been many recent phenomena related to online matchmaking agencies, namely a place to find a mate online or via electronic media using technology. Conceptually, this research is normative or library based, where this research conceptually examines the existence of online matchmaking agencies which are then analyzed in depth using traditional rules to show the novelty of this research. The results of this research show that the preference for online matchmaking agencies can be said to be a complementary tool in finding a life partner, meaning that under any circumstances the majority in looking for a partner prefer to use the services of their parents, siblings or friends. So this online matchmaking agency is not used as the main tool in finding a life partner, but as a complementary tool to open the gate to a more serious stage. If it is related to the theory of emergency rules, the use of online matchmaking agencies is not yet included in emergency conditions
Substansi dan Relevansi Nafkah Keluarga Dalam Perundang-Undangan Hukum Keluarga Islam : Analisis Struktural Fungsional Oktalita, Frina; Avita, Nur
ASASI: Journal of Islamic Family Law Vol. 4 No. 1 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v4i1.429

Abstract

This paper aims to strengthen the opinion and concept of living in various contemporary Islamic family laws. This paper is a qualitative research of several sources of data from laws, books and literary works that discuss livelihoods and describe the role of the wife as breadwinner by means of analysis using structural functional theory by a Sociological approach. The results of this study reveal that the wife as the breadwinner is relevant to current conditions when analyzed by structural functional theory, that in a family it is expected that there is a husband or wife who can ensure the survival of the household. So that what is needed in the household is an attitude of mutual understanding between husband and wife, if this goal is achieved then conflicts and problems in the family can be avoided
Dinamika Kewarisan Islam: Telaah Problematika Waris Mafqud (Orang Hilang), Mati Bersama, Khuntsa’ (Banci) dan Proses Penyelesaian Warisan Rohman, Moh. Mujibur
ASASI: Journal of Islamic Family Law Vol. 4 No. 1 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v4i1.430

Abstract

Inheritance is the assets left behind by someone who dies and has taken care of maintenance costs, paid off debts, and executed a will. Inheritance law has a very important position in Islam. The distribution of inheritance in Islam is something that must be resolved. Because, it is a gift from someone who has died. Distribution of inheritance according to Islamic law is declared to exist if the conditions for inheritance have been fulfilled by both the heir and the heirs. Among the conditions for dividing inheritance, namely, the death of the muwarits, the life of the heirs, and no obstacles to inheritance. However, problems arise if the distribution of inheritance does not fulfill one of the conditions for both the heir and the heirs themselves. As in certain cases, for example cases of mafqud (missing person), khuntsa' (sissy), and simultaneous death. So this research aims to find out how to resolve inheritance distribution where the conditions for inheritance distribution are not met. So to answer this question, the author uses a library research approach, namely research by searching for documents or literature based on books, journals, theses and others. The writing method uses normative juridical in its presentation. The results of this article show that the division of inheritance in certain cases can be resolved by knowing the legal status first to determine the size of the share that will be received by the heirs. The most important role in determining this legal status is the ijtihad of the judges.
Syibhul ‘Iddah Bagi Suami Dalam Nalar Ulama Subhan, Moh
ASASI: Journal of Islamic Family Law Vol. 4 No. 1 (2023)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v4i1.431

Abstract

Iddah is the waiting period for a former wife who has been divorced by her former husband, whether through talaq, khulu, fasakh, or the death of her husband. During the iddah period, the former wife is prohibited from marrying another man. The development of the times, the increasingly progressive mindset and culture of society, will give rise to various new problems in both the social and legal fields. Laws that have been established for a long time but are considered to discriminate against certain communities should be re-examined. Because the situation and conditions have changed and the lifestyle has also changed, it is appropriate for legal rules to always be up to date and dynamic in order to be in line with the times. The emergence of the phenomenon of the idea of a waiting period for men (syibhul iddah) is proof that Islamic law is always responsive to the demands of the times. Although this issue has been discussed by the salaf scholars in fiqh books. But one thing that needs to be understood is that syibhul iddah has opened up a new space for reinterpretation of Islamic law in order to remain relevant to the progress of the times. The basic principle in reinterpreting Islamic teachings is the principle of justice and benefit for all parties.

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