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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 65 Documents
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Studi Fenomenologis Pernikahan Dini Dikalangan Santri Di Pondok Pesantren Wilayah Kecamatan Palengaan Muchlis Muchlis
ASASI: Journal of Islamic Family Law Vol. 2 No. 1 (2021)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v2i1.109

Abstract

Early marriage among santri is a social phenomenon in society. This early age is more about the age of education that is being undertaken. the practice for santri is different from that among young people who incidentally ended up in divorce on the basis of previous research. while the santri based on their religious beliefs are better able to defend it. This study uses qualitative research with a phenomenological study approach to reduce individual experiences of phenomena to a description of an essence by presenting primary data, namely the results of observations, interviews, and documentation. Early marriage among the students of Islamic boarding schools in the Palengaan sub-district, some are married and continue their education or choose to drop out of education, some are married to be the choice of students with the blessing of both parents and teachers. The factors are the will of parents, family, lack of parental education, their own will even because of economic limitations to continue to higher education. The impact of early marriage is positive and negative, but what dominates more is the negative impact, especially the social impact related to social relationships to become a complete family in the social structure and the psychological impact that makes mender to take part because of the immature mental, spiritual and so on. encouraged by the age of the students who are still early.
Perlindungan Hak Asasi Manusia Dalam Konsep Pembatasan Usia Pernikahan Pada Uu No 16 Tahun 2019 Ainullah Ainullah
ASASI: Journal of Islamic Family Law Vol. 2 No. 1 (2021)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v2i1.110

Abstract

The protection of human rights has a guarantee from the legal system in Indonesia. The Marriage Age Restriction regulated in Law No. 16 of 2019 is a new rule as a form of revision to natural rules. The latest regulation states that the age of marriage is nineteen years for both the prospective husband and the prospective wife. The results of the analysis show that the state has protected the rights of every citizen who wants to get married. Although the regulation has been promulgated through a new regulation, the state is still present in order to fulfill aspects of human rights, one of which is by enforcing marriage dispensation rules, for anyone who wants to marry under the age of marriage.
Mediasi Keluarga Islam Menurut Al-Qur’an Dan Tafsir Ibnu Kastir Itsbat Itsbat
ASASI: Journal of Islamic Family Law Vol. 2 No. 1 (2021)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v2i1.111

Abstract

In life there are many conflicts that need to be straightened out. The fundamental factor that causes familial conflict in humans is the non-fulfillment of their interests as desired. Islam has provided a way of mediation in overcoming the conflict. In the Qur'an itself there are many verses that explain forms of mediation, one of which is conflict mediation in family disputes. Some scholars differ on the interpretation of the mediating verses in the Qur'an. Imam Abu Al-Fida 'bin Katsir Al-Qurasyi in his book Tafsir Ibn Kathir on the verse of mediation. There is a family dispute resolution process through a third party known as a hakam (mediator). There is also a settlement without a mediator, namely with the ishlah of both parties.
Perlindungan Harta Kekayaan Dalam Pengaturan Perjanjian Perkawinan Di Indonesia akh Syamsul Muniri; Nur Shofa Ulfiyati
ASASI: Journal of Islamic Family Law Vol. 2 No. 1 (2021)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v2i1.112

Abstract

The main purpose of marriage is the formation of an eternal, happy, and loving family between husband and wife. However, to anticipate the possibility of problems in marriage, of course a marriage agreement is needed, especially in the distribution of assets. The arrangement of the marriage agreement on the assets of husband and wife is in principle to provide legal protection for husband and wife against their property, if in the future they must divorce. However, the implementation of the marriage agreement as regulated in the Civil Code and Law no. 1 of 1974 concerning Marriage is still limited in time when making a marriage agreement. The legal reforms carried out by the Constitutional Court have given a time limit for the holding of a marriage agreement to be wider so that the factor of wanting to protect each other's property or protect themselves or their families from the threat of domestic violence can be anticipated through a marriage agreement.
Konstelasi Pemikiran Hukum Keluarga di Tunisia Fahmi Assulthoni
ASASI: Journal of Islamic Family Law Vol. 2 No. 1 (2021)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v2i1.118

Abstract

Tunisia is one of the many Muslim countries that continue to strive to build a family law system which is a permanent rule of law for Muslims. Both before and after Tunisia's independence, legal reforms were intensively carried out, including legal reforms in the field of family law. One of the laws implemented in Tunisia is the Tunisian Code of Personal Status (CPST) or other names Majallah Al-Akhwal Ash-Shakhshiyyah. The legal reforms carried out by Tunisia cannot be separated from the progressive thoughts that have colored family law policies which in the next stage will become state policies. This article is presented in a descriptive form using a literature study approach as the study material. The results of the study concluded that the Tunisian State carried out many Islamic family law policies based on the development of family law in the world and the needs of its citizens.
Profetika Hukum Keluarga Islam Dalam UU Tindak Pidana Kekerasan Seksual Mohsi Mohsi
ASASI: Journal of Islamic Family Law Vol. 2 No. 2 (2022)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v2i2.146

Abstract

Sexual harassment is unwanted sex-related approaches, including requests for sex, and other behavior that verbally or physically refers to sex. Sexual violence is an important topic that needs to be solved, given the high rate of sexual violence from year to year. The Law on the Elimination of Sexual Violence is a way that is expected by the Indonesian people as an umbrella of law and rule of law to take action against all forms of sexual crimes that plague Indonesian citizens. in this study tries to analyze the urgency and relevance of these rules for the development of law in Indonesia. reviewing regulations from the prophetic aspects of Islamic law and the reconstruction of Islamic law, as well as the spirit of legal moderation and responding to current issues related to forms of violence that befall society, especially children and women.
Analisis Yuridis Wasiat Wajibah Dalam Kompilasi Hukum Islam Dwi Dasa Suryantoro Dwi
ASASI: Journal of Islamic Family Law Vol. 3 No. 1 (2022)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i1.152

Abstract

Abstract A binding will is a will whose implementation is not influenced or dependent on the will or will of the deceased testator and does not require evidence that the will was spoken, written or intended, but its implementation is based on a legal basis. must be allowed to do so. Article 209 paragraph (1) and paragraph (2) of the Islamic Law (KHI) regulates wills given to adopted children whose adoptive parents have died or to adoptive parents whose adopted children have died. This is basically an effort to update Islamic law so that it is in line with the legal awareness of the community and fulfills the principles of expediency and justice. The benefit of making a will mandatory for adopted children or adoptive parents is to maintain justice and peace in the family. Even if the adopted child is not a biological child, the obligations of the adoptive parents towards the adopted child are the same as the obligations of the biological child. Therefore, according to the author, the provisions of Article 209 (2) of the KHI are in line with the mashlahah principle which is the "main principle of Islamic law" and therefore in line with Islamic law.  
hukum keluarga islam Hukum Keluarga Islam Parenting Islami Sebagai Upaya Keberhasilan Mendidik Anak Mihfa Rizkiya Mihfa
ASASI: Journal of Islamic Family Law Vol. 3 No. 1 (2022)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i1.161

Abstract

Abstract The study of Hadhanah or now more often we hear as parenting is getting more interesting. Many parenting experts with various scientific backgrounds campaign for the procedures for educating children that continue to develop in this modern era. In Islam, the knowledge of children's education is discussed in the Hadhanah chapter, sourced from the Qur'an and the Sunnah of the Prophet. The right education of children will produce the desired generation for every parent. Islamic parenting certainly puts forward how to form a pious person and be on the straight path. This basic attitude is the first step to achieve success and success. The reality in the field we see that many parents are careless in educating their children. Does not want to upgrade his knowledge about the character of the child, the emotional needs of the child, and what supporting factors can make the child's education successful. Many parents are negligent in their duties, allowing children to play with gadgets as much as they want just so that children can sit still. Parents also tend to only entrust their children's education to teachers at school. So that children get a less than optimal education. Children become a pessimistic generation, their brains are empty, and their souls are dry from strong beliefs. Keywords: Parenting, Children and Islam Abstrak Kajian tentang Hadhanah atau kini lebih sering kita dengar sebagai parenting semakin menarik pembahasannya. Banyak pakar parenting dengan berbagai latar belakang keilmuannya mengkampanyekan tatacara mendidik anak yang terus berkembang di zaman modern ini. Dalam islam ilmu tentang pendidikan anak di bahas dalam bab Hadhanah bersumber dari Al-qur’an dan Sunnah Rasulullah. Pendidikan anak yang benar akan menghasilkan generasi dambaan bagi setiap orang tua. Parenting islami tentu mengedepankan bagaimana cara membentuk pribadi yang shalih dan berada pada jalan yang lurus. Sikap dasar tersebut sebagai langkah awal untuk meraih kesuksesan dan keberhasilan. Kenyataan dilapangan kita saksikan banyak orang tua yang teledor dalam mendidik anak nya. Tidak mau mengupgrade pengetahuannya tentang bagaimana karakter anak, kebutuhan emosional anak, dan fakto-faktor pendukung apa yang bisa menyukseskan pendidikan anak tersebut. Banyak orang tua lalai dalam tugasnya, membiarkan anak bermain gadget sepuasnya hanya agar anak bisa duduk manis. Para orang tua juga cenderung hanya mempercayakan pendidikan anak nya pada guru di sekolah. Sehingga anak mendapatkan pendidikan yang kurang maksimal. Anak menjadi generasi yang pesimis, otaknya kosong, dan jiwa mereka kering dari keyakinan yang kuat. Kata Kunci: Parenting, Anak dan Islam.
Upaya Istri Sebagai Wanita Karir Dalam Membentuk Keluarga Sakinah Akh. Syamsul Muniri Muniri; Nur Shofa Ulfiyati
ASASI: Journal of Islamic Family Law Vol. 2 No. 2 (2022)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v2i2.169

Abstract

A wife as a career woman has both positive and negative impacts on their household life. Therefore, forming a sakinah family for career women certainly has many challenges and obstacles. So far, the stigma that is often attached to society that women must look beautiful, look beautiful, look gentle and be at home with enough to take care of the household can be considered as psychological violence. Thus, career women's efforts to build family harmony so that they become a sakinah family, the strategy is to maintain commitments obtained from agreements between husband and wife and good communication between husband, wife and children. It is this commitment and communication that is important for career women, because women who work in the domestic sector and in the public sector have limited time and energy to carry out the two roles they have. Therefore, career women need support from the closest people around them so that life continues to run harmoniously.
Legalitas Poligami; Studi Atas Aturan Praktik Poligami diberbagai Negara Islam : (Turki, Syiria, Somalia, Mesir, Tunisia dan Indonesia) Luthfiyah Luthfiyah; Ali Imron Al-Farisyi
ASASI: Journal of Islamic Family Law Vol. 2 No. 2 (2022)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v2i2.193

Abstract

This article examines the existence of laws and regulations from various Islamic countries (only part of them). The study carried out is the existence of polygamy practices in various countries based on juridical law which is used with the aim of wanting to know the extent to which the implementation of the polygamy law is binding on each community with adherents of different religions and social conditions. The method used in this research is a normative juridical research with a statute approach. The results of this study indicate that there are fundamental differences from each country as an example, such as Indonesia, which is not an Islamic country, so it does not emphasize polygamy for its people, apart from that the principle of monogamy takes precedence. The difference is with the country of Somalia which is so loose in the practice of polygamy.

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