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Beni Ashari
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INAIFAS-Press Institut Agama Islam al-Falah Assunniyyah Jember Jl. Semeru No. 09 Kencong Jember
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Mabahits
Published by IAI Al-Falah As-sunniyyah Kencong
ISSN : 27238024     EISSN : 27233421     DOI : -
Core Subject : Religion,
Religion
Jurnal Mabahits adalah jurnal kajian tentang studi Ilmu Syariah dan hukum Islam meliputi: ruang lingkup ibadah, hukum tentang keluarga atau hukum badan pribadi (ahkam al-ahwal al-syakhshiyyah, hukum tentang kebendaan (al-ahkam al-madaniyyah, hukum pidana (al-ahkam al-jinaiyayah), hukum acara (al-ahkam al-murafa’at), hukum ketatanegaraan (al-ahkam al-dusturiyyah), dan hukum internasional (al-ahkam al-dauliyyah)
Arjuna Subject : Umum - Umum
Articles 5 Documents
 1 
Search results for , issue "Vol 2 No 2 (2021): November" : 5 Documents clear
Penetapan Dispensasi Nikah Oleh Hakim (Studi Komparatif Hukum Islam Dan Hukum Positif) Imam Syafi’i; Freede Intang Chaosa
Mabahits : Jurnal Hukum Keluarga Islam Vol 2 No 2 (2021): November
Publisher : Mabahits : Jurnal Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (582.204 KB) | DOI: 10.36835/mabahits.v2i2.761

Abstract

This research is to examine the dispensation of marriage which is a policy or legal aid provided by the Religious Courts to prospective brides and grooms, one or both of whom have not reached the age requirement in Law No. 1 of 1974. In the decision, a judge is guided by the Marriage Law, Islamic Law Compilation, Supreme Court Regulation No. 5 of 2019, also the Minister of Religion Regulation No. 11 of 2007 concerning Marriage Registration. The judge considers all aspects of life before giving a decision to grant or reject a dispensation case, including aspects of age maturity and self-maturity, health aspects, economic aspects, whether or not there is an element of compulsion to marry and other aspects that are considered important to be considered before getting married.
Talak Perspektif Syekh Qutbhi Dan Syekh Quraish Shihab Muhammad Jufri; Rikki Arisandi
Mabahits : Jurnal Hukum Keluarga Islam Vol 2 No 2 (2021): November
Publisher : Mabahits : Jurnal Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1304.26 KB) | DOI: 10.36835/mabahits.v2i2.762

Abstract

The negative stigma which states that Muslims are anti-Pancasila, radical and intolerant is a problem now faced by Muslims in Indonesia. The sacrifices of Islamic groups when formulating Pancasila seem to be forgotten by some Indonesian people today. Their tolerance for accepting the abolition of the seven words in the Jakarta Charter with the aim of maintaining the integrity of the Unitary State of the Republic of Indonesia (NKRI) seems to have no value. Therefore, this article aims to highlight the role of Islamic groups (ulama) in the formulation of Pancasila and the reference for acceptance of Islamic groups (Ulama) to erase the seven words in the Jakarta Charter. This research is a historical research using a descriptive qualitative approach. The data collection technique used is a literature review by simplifying the data into a form that is easier to read as a form of analysis. So a number of results can be found. First, that the role of Islamic groups in the formulation of Pancasila is very large, this is reflected in their proposals during the formulation session. Second, the reference for Islamic groups (Ulama) to accept the abolition of the seven words in the Jakarta Charter is Sadd Dzari'ah, namely closing the means/roads to something bad. Third, as a result of the abolition, Muslims have lost their constitutional rights to carry out Islamic law properly and calmly.
Fenomena Pernikahan dibawah Umur oleh Masyarakat 5.0 Asep Deni Adnan Bumaeri; Hisam Ahyani; Ahmad Hapidin; Hendi Kusnandar
Mabahits : Jurnal Hukum Keluarga Islam Vol 2 No 2 (2021): November
Publisher : Mabahits : Jurnal Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (714.203 KB) | DOI: 10.36835/mabahits.v2i2.763

Abstract

The phenomenon of underage marriage by the 5.0 Society has become a necessity, where one of the economic factors and boredom to study online as it is today during the Covid-19 pandemic has made many 5.0 people in Indonesia apply for early marriage. As a result, the phenomenon of Underage Marriage by Society 5.0 today needs special education for the nation's young people in welcoming a brighter and dignified future according to the demands of the times. The results of the study show that the phenomenon of underage marriage that occurred recently by Society 5.0 is a marriage carried out before the child enters the age of 18 years, this is as stated in Law No. 16 / 2019 About Marriage. Factors that support Society 5.0 to carry out underage marriages include Economic Factors and Factors Tired of learning online, this is because today in an all-digital era like today (the era of disruption 4.0), where people called Society 5.0 feel worried about their inability in competing through artificial intelligence technology so that the concerns of today's society's economic fulfillment are threatened. Constraints faced in the practice of underage marriage by Society 5.0 are from the physical aspect, from the cognitive aspect, the language aspect, the social aspect, and the emotional aspect, where these five aspects cause disharmony and the integrity of marriage in early childhood. The solution in responding to the phenomenon of underage marriage in the 5.0 community is that it can be done through various early prevention by parents, religious leaders, and mass organizations in order to socialize about marriage to the community through the integration of technology that is adapted to the demands of the times, such as online class training for young people, especially those under the age of 18.
Penghapusan Tujuh Kalimat dalam Piagam Jakarta dalam Teori Sadd Dzari’ah Ali Ahmad Yenuri
Mabahits : Jurnal Hukum Keluarga Islam Vol 2 No 2 (2021): November
Publisher : Mabahits : Jurnal Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1167.616 KB) | DOI: 10.36835/mabahits.v2i2.764

Abstract

The negative stigma which states that Muslims are anti-Pancasila, radical and intolerant is a problem now faced by Muslims in Indonesia. The sacrifices of Islamic groups when formulating Pancasila seem to be forgotten by some Indonesian people today. Their tolerance for accepting the abolition of the seven words in the Jakarta Charter with the aim of maintaining the integrity of the Unitary State of the Republic of Indonesia (NKRI) seems to have no value. Therefore, this article aims to highlight the role of Islamic groups (ulama) in the formulation of Pancasila and the reference for acceptance of Islamic groups (Ulama) to erase the seven words in the Jakarta Charter. This research is a historical research using a descriptive qualitative approach. The data collection technique used is a literature review by simplifying the data into a form that is easier to read as a form of analysis. So a number of results can be found. First, that the role of Islamic groups in the formulation of Pancasila is very large, this is reflected in their proposals during the formulation session. Second, the reference for Islamic groups (Ulama) to accept the abolition of the seven words in the Jakarta Charter is Sadd Dzari'ah, namely closing the means/roads to something bad. Third, as a result of the abolition, Muslims have lost their constitutional rights to carry out Islamic law properly and calmly.
Keharmonisan Rumah Tangga Perspektif Hukum Islam Subairi Subairi
Mabahits : Jurnal Hukum Keluarga Islam Vol 2 No 2 (2021): November
Publisher : Mabahits : Jurnal Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (833.382 KB) | DOI: 10.36835/mabahits.v2i2.765

Abstract

Islam is very concerned about the safety of its adherents, so that all forms of legislation that are applied must contain benefits. Not only in terms of worshiping God but also regarding the relationship between fellow human beings. If it is narrowed again in terms of the household, Islam also regulates it. Not only telling followers to marry as the beginning of a household, but how to build an ideal household which is then discussed with the Sakinah family, namely, harmonious and pleasant. However, not many people really understand what must be done in building a harmonious family, as reflected in many families ending in divorce. From this problem, the author wishes to examine what things must be done in building family harmony, this research uses a qualitative approach that is library research, and the data collection technique uses a documentary study of books, scientific works and literature. scientific journal. After conducting research which continued to analyze any data obtained, the researchers concluded that to build a harmonious family there are at least three things that must be considered. First, build a good understanding between husband and wife so that it can produce good results. Second, be tolerant between the two of them, by continuing to instill in their minds that humans were created in a weak state. Third, be reasonable with your partner, because anything if done excessively will have a bad impact, such as being disappointed in the future, even in the context of a family, it will result in divorce.

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