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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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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.
Konsep Akulturasi Fikih dan Maslahat Umum dalam Legislasi KHI Fanani, Zainal
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.v3i1.399

Abstract

The legislation of Islamic jurisprudence into law in Indonesia has attracted a lot of attention, because of the complexity of Islamic jurisprudence law which is founded on several schools of thought as well as considerations of public benefit. Public maslahah are intended to maintain order in community life in order to realize a sense of security, orderliness and justice, especially in relation to religious diversity. Pluralism, which is the motor of religious diversity, sometimes becomes a problem in itself in religion. Gender equality, which is often identified as bad for Islamic law, adds to the legislative complexity of Islamic law in Indonesia. Fiqh legislation in the form of a compilation of Islamic law (KHI) has certainly gone through a long debate in addressing fiqh as the raw material for Islamic law and the general interests of society. So research is needed to look for the concept of acculturation in the KHI in legislation and jurisprudence in the law. This research is library research which uses descriptive qualitative methods with a positive legal and Islamic law approach. With maslahah analysis theory, to find a common ground between jurisprudence and the interests of society (public maslahah). This research focuses on book I in KHI, which discusses marriage. In this research, it was found that the fiqh acculturation system and state interests in KHI were divided into three; 1. Holding a case that does not exist in Fiqh based on maslahah, 2. Rejecting a case that is contrary to the proposition based on the qath'i dilalah. 3. Elaborate on matters whose maslahah are certainly real , even though they conflict with the general opinion of the Ulama'.
Problematik Kewenangan Pengadilan Agama dalam Menangani Perkara Waris Ramli, Mohammad
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

Abstract

The Religious Court is a special judicial institution that handles and decides cases of Muslims based on the principles of Islamic personality. The absolute competence of the Religious Courts is stated in Article 49 of Law Number 7 of 1989, namely that the Religious Courts have the duty and authority to examine, decide and resolve cases at the first level between Muslims in the fields of (a) Marriage, (b) inheritance, wills and gifts made based on Islamic law (c) waqf and shadaqah. Based on Law Number 7 of 1989, the Religious Court has absolute authority in inheritance cases. Inheritance cases can take the form of lawsuits and petitions. However, in reality, religious courts have not been optimal in exercising this authority. This can be seen from the lack of inheritance cases decided by religious courts. These problems are partly due to the still entrenched customary inheritance law in Indonesian Muslim society, making it allergic to resolving inheritance problems in the Religious Courts. Moreover, some advocates also seem reluctant to refer their clients' inheritance cases to the Religious Courts.
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.

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