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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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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.
Analisis Urf Terhadap Tradisi Pecotan Dalam Walimatul ‘Urs Di Kecamatan Kotaanyar Kabupaten Probolinggo Provinsi Jawa Timur Muhammad Zainuddin; Ali, Alfin Haidar; Adawiyah, Robiatul
ASASI: Journal of Islamic Family Law Vol. 4 No. 2 (2024)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v4i2.448

Abstract

The majority of people in Kotaanyar Regency use the pecotan tradition as a medium of invitation in carrying out walimatul 'urs to invite people to attend and donate in return in the form of money or goods. However, in the current situation, people continue to preserve the pecotan tradition, even though some people feel forced to do it. This is interesting for researchers to study and examine more deeply the status of the Pecotan Tradition using the 'urf analysis approach on walimatul 'urs in Kotaanyar District, Probolinggo Regency, East Java Province. The results of this research indicate that the status of the Pecotan Tradition using the 'urf analysis approach in walimatul 'urs has fulfilled the requirements to become a tradition ('urf) and is in accordance with the law. So it can be implemented in social life because it has a good goal by helping each other between communities when implementing Walimah al-'urs.
Perjanjian Perkawinan Dalam Konsep Maqashid asy-Syari’ah Moh Subhan
ASASI: Journal of Islamic Family Law Vol. 4 No. 2 (2024)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v4i2.484

Abstract

A marriage agreement is an agreement made between a husband and wife when they are still married. Marriage agreements aim to protect the rights of each party and minimize conflict between husband and wife. However, on the other hand, there is a negative stigma that marriage agreements are considered taboo, unethical and full of individualistic and materialistic attitudes. Therefore, it is necessary to clearly understand the nature of the marriage agreement itself. This research aims to analyze the sociological basis and examine marriage agreements from the perspective of Maqashid Syari'ah. This research uses the Mashlahah theory. The research method used is normative juridical analysis, with data collection techniques through the study of documents, books, articles, magazines and dictionaries, then using the following techniques: analysis techniques, especially data simplification and data presentation and finally conclusions. The results of the first research show that the sociological basis of marriage agreements lies in the need for regulations that allow husband and wife to sign agreements as a step to minimize conflict between the two of them. Second, the marriage contract is in accordance with the principles of maqashid sharia, namely religious protection, soul protection, spiritual protection, property protection and child protection.
Konsep Maslahah dalam Metodologi Tarjih Muhammadiyah Zakaria, Soni; Supriadi, Agus
ASASI: Journal of Islamic Family Law Vol. 4 No. 2 (2024)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v4i2.486

Abstract

This article aims to analyze how the concept of maslahah is applied in the tarjih methodology in the Muhammadiyah tarjih council. There are three reasons why this research is important. First, Maslahah is a concept pioneered by ushul scholars, and its existence in the methodology of Islamic law istinbath many accept but also not a few who reject it as an epistemology of Islamic law. Second, Muhammadiyah as an Islamic-based community organization is one of the organizations engaged in da'wah, and has a Tarjih assembly as a forum tasked with studying and producing Islamic law in the form of tarjih decisions and fatwas. Third, through the Tarjih Assembly, which plays a role in issuing Tarjih decisions or fatwas on Islamic law, it does not escape using various Islamic legal methodologies used in the assembly. The results of this study show that the Muhammadiyah tarjih council uses maslahah considerations in legalizing certain problems. While the methods used in achieving maslahah include Qiyas, Istihsan, Maslahah Mursalah and saddu al-dzariat.
Nikah Beda Agama dan Dampaknya Terhadap Psikologi Anak Perspektif Maqashid al-Syari’ah Saini, Saini
ASASI: Journal of Islamic Family Law Vol. 4 No. 2 (2024)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v4i2.487

Abstract

This research explores the psychological impact of interfaith marriages on children in the Tapal Kuda area of East Java. Children from interfaith marriages only have multicultural awareness. However, it also has an impact on children's psychology. In this context, children often feel trapped between two different belief systems resulting from interfaith marriages, which can cause confusion and stress. Different beliefs and beliefs give children choices, which, of course, make children psychologically stressed by following one of them's beliefs. Pressure to choose one religion over another or to meet the expectations of both parents can cause significant internal conflict. This study uses a qualitative approach with case studies. The results show that these children show strong multicultural awareness but also experience significant challenges related to religious identity and mental health. Social pressure and confusion regarding religious identity often trigger their emotional instability, leading to feelings of anxiety, stress, and lack of self-confidence, ultimately affecting their mental health. Therefore, an inclusive approach is needed from families, communities, and educational institutions to support their mental health. This view is consistent with the principles of Maqashid al-Syari’ah, especially regarding protecting one's nasab (hifz an-nasl), protecting the soul (hifz al-nafs), and protecting religion (hifz al-din).
Dampak Tradisi Meupahukh Terhadap Perkawinan Dibawah Umur dalam Masyarakat Suku Alas di Aceh Tenggara Fadhila, Dina
ASASI: Journal of Islamic Family Law Vol. 4 No. 2 (2024)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v4i2.488

Abstract

This study aims to analyze the practice of mepahukh tradition in the Alas tribal community as a process of finding a mate for young people and young women of the Alas tribe who have an impact on child marriage. In this study the author uses a type of field research (field research) and is qualitative research. Through the approach of sociology of Islamic law, the author tries to examine the impact of the traditional practice of mepahukh child marriage in the Alas tribal community. As for this study, there are also two types of data sources used by the author, namely primary data and secondary data. The results showed that the practice of Meupahukh tradition in the Alas tribal community, especially in Alur Buluh Village, Bukit Tusam District, Southeast Aceh Regency, had an impact on child marriage. As through social construction theory, Peter Berger and Thomas Luckman see society as a process that takes place in three dialectical moments at once, namely externalization, the impact of Meupahukh tradition on underage marriage occurred because there was no policy from the government, neither local regulations nor policies from the Aceh customary council that regulated the minimum age of marriage. Objectification, assuming that marriage is an easy thing and as a way to get out of the village or area where they live and economic factors. Internalization, there is no age limit for young men and women to follow the procession of the Meupahukh tradition even this tradition is also followed by children who are still in elementary school. The involvement of children in the Meupahukh tradition can certainly encourage underage marriage.
Penolakan Mahar Pecahan Nominal Sesuai Tanggal Tertentu Di KUA Kecamatan Bojonegoro Perspektif Hukum Islam Fauziyah, Ririn; Hamdan, Ali; Khoir, Muhammad Abul
ASASI: Journal of Islamic Family Law Vol. 4 No. 2 (2024)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v4i2.491

Abstract

Dowry is a mandatory gift from a man to a woman after performing a marriage contract. The determination of dowry is often based on symbolic aspects such as adjusting the dowry to a certain nominal fraction according to the wedding date or other dates that are considered sacred. This phenomenon triggered the Marriage Registrar at the Bojonegoro Religious Affairs Office to reject the dowry on the grounds that the dowry with a certain nominal fraction contained elements of waste and futility. This attracts researchers to study and study more deeply the analysis of Islamic law on the rejection of nominal fractional dowry according to a certain date at the Bojonegoro Religious Affairs Office (KUA). The results of this study show that the reason why the Marriage Registrar (VAT) of KUA Bojonegoro refused, is because in the dowry there is a nominal fraction that has no value and has no benefit so that it seems to be symbolic. In addition, how to get the nominal denomination money by buying and selling that contains elements of usury. In addition, the acquisition of the dowry is considered difficult. The refusal made can be punished as mubah (permissible) according to Islamic Law because in its practice in the dowry there are fractions that are not valuable and useful and contain riba so that they do not meet the valid conditions for dowry that have been explained in Islamic Law.
Asas Kepastian Hukum atas Perkara Pengangkatan Anak di Pengadilan Agama Ramli, Mohammad
ASASI: Journal of Islamic Family Law Vol. 4 No. 2 (2024)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

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

Abstract

The Religious Court has the authority to examine, decide and resolve child adoption cases for people who are Muslim. This authority is regulated in Article 49 letter a number 20 of Law Number 3 of 2006 concerning Amendments to Law Number 7 concerning Religious Courts. In carrying out its authority, the Religious Court is based on the principle of Islamic personality, so ideally a person who is Muslim and wishes to apply for an adopted child should apply to the Religious Court. However, in reality the majority, including Muslims, submitted their petition to the District Court. The problem is, the District Court in deciding cases regarding applications for adopted children is based on customary law or Western law (BW), which in fact is different from Islamic law. The implications of adopting a child through the District Court will give rise to problems in the future, especially in inheritance issues, for example disputes between adopted children and other heirs.
Profetika Hukum Keluarga Islam Dalam UU Tindak Pidana Kekerasan Seksual Mohsi, Mohsi
ASASI: Journal of Islamic Family Law Vol. 2 No. 2 (2022)
Publisher : Prodi 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, Dwi Dasa Suryantoro
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.v3i1.152

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.  

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