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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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Hukum Keluarga Islam Parenting Islami Sebagai Upaya Keberhasilan Mendidik Anak Mihfa, Mihfa Rizkiya
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.v3i1.161

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 Muniri, Akh. Syamsul Muniri; Ulfiyati, Nur Shofa
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.v2i2.169

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; Al-Farisyi, Ali Imron
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.v2i2.193

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.
Hubungan Teori Hukum Dengan Praktik Penegakan Hukum Di Indonesia Holil, Moh
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.v2i2.194

Abstract

Indonesia is a state of law, all state apparatus must act in accordance with the law and all people who live within the scope of Indonesia must obey the law. However, the applicable law in Indonesia has not yet shown its effectiveness, so that the purpose of the law has not been properly achieved. The term that is very familiar is "the law is blunt up and sharp down", such is the law in Indonesia. The law is very binding and cruel to the common people, while it is as if the law does not apply to those in power. The law for rulers and people with money can be traded, as evidenced by the rampant bribery that occurred in the State of Indonesia. So in the eyes of society, the law will fall when there is money. One of the problems of law enforcement among the people of Indonesia is that the public is generally against the law, the law is very far from the word justice and the apparatus is arbitrary towards the common people.
Tinjauan Fiqh ‘Urf Terhadap Praktik Perjanjian Perkawinan (Studi Empiris Adat Dayak Ngajudi Kota Palangka Raya) Nisa, Nurulia Shalehatun
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.v2i2.195

Abstract

Marriage agreements in Indonesia are regulated in the Civil Code (KUHPerdata), Compilation of Islamic Law (KHI), and Law Number 1 of 1974 concerning Marriage (Marriage Law) jo. Decision of the Constitutional Court Number 69/PUU-XIII/2015 so that the marriage agreement is legal and lawful. The marriage agreement in the Dayak Ngaju indigenous people is called a symbol. Perlambang is one of a series of traditional Dayak Ngaju marriage procedures. This paper aims to analyze the practice of marriage agreements that grow and live to become a culture of the Dayak Ngaju indigenous people in Palangka Raya City when viewed from the point of view of 'Urf. This writing is the result of research qualitative or empirical studies.The marriage agreement made to the Ngaju Dayak indigenous people has an important role, even though it is part of a series of traditional marriage rituals which in fact originates from the Hindu Kaharingan religion, but in its journey along with the introduction of Islam among the people, it has experienced various adaptations and adjustments to Islamic beliefs. . So that in practice, marriage agreements in the Dayak Ngaju customary community can still be carried out and benefited even by people who are Muslim.
Wali Mujbir dan Kebebasan Memilih Pasangan Bagi Perempuan Persepektif Ulama Kontemporer dan Fiqh Klasik Muchlis, Muchlis
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.v3i1.196

Abstract

Marriage is a sacred activity that binds men and women in a family bond called a contract. Of course, dealing with it also really needs strengthening of heart and mind in order to create a lasting marriage and intertwined sakinah family, mawaddah warohmah. Including the requirements of pillars that must be met in marriage, namely the guardian of the woman, basically the guardian has the right of ijbar to his daughter (Imam Syafi'i) but this remains within the requirements that must be met and does not differ from the criteria determined by Islam. However, in context, today's women are starting to be reluctant to be forced into marriage by their guardians due to the progress of the globalization era. So that many guardians' ijbar rights in marriage have not been realized on the pretext that the daughter couple is happy with the candidate they choose. So in this case there is a very dynamic difference between madhhab priests and contemporary scholars, this is due to the emergence of a misalignment of khitob propositions against generality which occurs especially in this technologically advanced era when dealing with the arguments of the hadith of the Prophet Muhammad.
Kafa`ah dalam Perkawinan Menurut Pemikiran TGKH. M. Zainuddin Abdul Madjid (1898-1997) Munawirsazali, Munawirsazali
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.v3i1.197

Abstract

TGKH. M. Zainuddin Abdul Majid is a contemporary cleric from West Nusa Tenggara who has great concern for family life, especially with regard to the concept of kafa>`ah in marriage with his solutive offer contained in the book Testament Reflections on New Experiences. Interesting thoughts from TGKH. Muhammad Zainuddin Abdul Majid is when he gives a new perspective in understanding kafa>`ah standards in marriage which cover two areas, namely morals and pure inheritance. TGKH. M. Zainuddin Abdul Majid does not make the area of property, traditional titles based on social status, and beauty the standard of kafa>`ah in marriage. The beginning of the emergence of TGKH's thoughts. M. Zainuddin Abdul Majid departs from the macro conditions of the Muslim community on Lombok Island, West Nusa Tenggara, which has a marriage system based on the existing social class, namely women who have a high social class are not allowed to marry men who have a low social class because both of them not considered to meet the kafa>`ah standard. Therefore, Shaykh Zainuddin wanted to protect women by building a new concept of kafa>`ah standards in marriage which put more emphasis on moral aspects and pure inheritance.
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.
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.

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