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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 3 No 1 (2022): Mei" : 5 Documents clear
REFORMULASI HADHANAH KEPADA ORANG TUA IBU PERSPEKTIF IMAM SYAFI’I Qurrotul Aini, Hasyinah Romzah Kamilah
Mabahits : Jurnal Hukum Keluarga Islam Vol 3 No 1 (2022): Mei
Publisher : Mabahits : Jurnal Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36835/mabahits.v3i1.1020

Abstract

When parents divorce, the child becomes one of the victims of the divorce, so special attention is needed in their upbringing. If in the divorce process there is a dispute in his care (hadhanah) then Syafi'i requires that the care be delegated to his mother. The reality of society, most mothers who are unable to care for their children do not only delegate care to their mothers. This research is library research and uses research library analysis. The primary data source in this study is the book of Al-Umm by Imam Asy-Syafi'i. This study concludes that: (1) When the mother is unable to take care of the child or remarries, the priority in the transfer of hadhanah is the grandmother (mother of the mother). And the care for grandmother will fall when the mother is able to return or is divorced from her new husband. (2) Imam Shafi'i's opinion is relevant to the current condition of society. Because the mother is hindered in child care, the right of care is transferred to the mother of the mother. Because the mother of the mother is considered to meet the requirements as hadhin and is considered to have more affection and attention to children.
KONSEP PENYELESAIAN ISTRI NUSYŪZ TELAAH KITAB UQUD AL-LUJAIN Ahmad Zuhairus Zaman, Hana Nur Nafi’ah
Mabahits : Jurnal Hukum Keluarga Islam Vol 3 No 1 (2022): Mei
Publisher : Mabahits : Jurnal Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36835/mabahits.v3i1.1021

Abstract

Ulama 'calls Nusyūz as a wife's deviation to her husband. This research will explain the concept of Nusyūz from Shaykh Nawawi Albantani in the book of Uqud Al-Lujain. By using a qualitative approach to the library research which with this research will produce how the opinion of Shaykh Nawawi about Nusyūz and how the relevance of Shaykh Nawawi's opinion with the pesantren community. Shaykh Nawawi in explaining Nusyūz was only charged to the wife, this was because the husband had given dowry and a living in marriage, therefore the husband had the right to get the wife's obedience. While the relevance of the Nusyūz problem with the context of the pesantren community is now irrelevant because the pesantren community is not specializing in Nusyūz to the wife.
Edukasi Pra-Nikah Bagi Remaja Di Dusun Pangul Mlati Desa Kepanjen Kecamatan Gumukmas Kabupaten Jember Beni Ashari, Mella Aulya
Mabahits : Jurnal Hukum Keluarga Islam Vol 3 No 1 (2022): Mei
Publisher : Mabahits : Jurnal Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36835/mabahits.v3i1.1022

Abstract

Realizing a strong and resilient family requires serious efforts, especially for female and male couples who will and are building household magic. Knowledge about creating a happy family, shared awareness in building a healthy and quality family, seriousness in overcoming various family conflicts, and commitment in facing various challenges of increasingly tough global life. The phenomenon of early marriage that occurred in Panggul Mlati Hamlet, Kepanjen Village, Gumukmas District, Jember Regency, still occurs there. The factors that dominate the occurrence of early marriage are cultural/customary factors, religion and economic factors. These three things are considered quite significant from year to year. Cultural/customary factors play a very important role in the occurrence of early marriage, the article is that the Patriarchal culture is still attached. Marriage is a learning process, a process to provide change and knowledge about the world of marriage later. Based on information about the importance of pre-marital education for teenagers: that pre-marital education is very urgent, especially for teenagers, so that later early marriage is slightly reduced there. After conducting pre-marital education for adolescents in the Pelvic Mlati hamlet by providing an understanding of the material about the meaning of gender, sex, and sexuality. The ideal age for marriage, the causes and effects of early marriage itself, as well as the importance of education for them. Indirectly, they immediately realized that they thought that early marriage should have been reduced from now on, especially by emphasizing that education for studying is very important. in order to minimize early marriage by each individual.
Konsep Kafa’ah Dalam Hukum Islam (Studi Komparasi Pemikiran Antara Imam Syafi’i Dalam Kitab Al - Umm Dan Imam Ibnu Hazm Dalam Kitab Al-Muhalla) Moch. Aufal Hadliq KMW, Tasfiyatul Fikriyah
Mabahits : Jurnal Hukum Keluarga Islam Vol 3 No 1 (2022): Mei
Publisher : Mabahits : Jurnal Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36835/mabahits.v3i1.1023

Abstract

Kafa'ah is balance, harmony, and harmony, or equality. Equality here refers to the piety of someone who eliminates distinctions, not about caste equality, let alone wealth equality. Because if kafa'ah is defined as equality in terms of wealth, or nobility, it will mean the formation of caste, whereas in Islam there is no justification for caste, because humans on the side of Allah SWT are all the same. Only piety makes the difference. Kafa'ah in marriage is a factor that encourages the creation of husband and wife happiness, and ensures the safety of women from failure or shock in the household. In determining kafa'ah, Imam Shafi'i and Ibn Hazm have different opinions, Imam Shafi'i argues that kafa'ah is a requirement in the usual marriage, not a condition for the validity of marriage. Meanwhile, Ibn Hazm absolutely rejected the existence of kafa'ah. The results of this study indicate that (1) the concept of kafa'ah according to Imam Syafi'i is to equalize the position of the prospective groom and prospective bride. In determining the size of sekufu' it is not just faith but lies in religion, lineage, status of independence, occupation, and the absence of defects that allow kyiar. While the concept of kafa'ah according to Imam Ibn Hazm kafa'ah does not exist in Islam, because Muslims are equal in position, brothers to one another. (2) The concept of kafa'ah between Imam Shafi'i and Ibn azm has similarities and differences. In matters of religion as a criterion for kafa'ah they both use it, it's just that the application is different.
DEKONTRUKSI KAFA’AH BAGI WANITA PESANTREN DAN NON PESANTREN (Fenomena Memilih Pasangan Pada Masyarakat Desa Karanganyar Kec. Ambulu) Luluk Fitriyati
Mabahits : Jurnal Hukum Keluarga Islam Vol 3 No 1 (2022): Mei
Publisher : Mabahits : Jurnal Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36835/mabahits.v3i1.1024

Abstract

Kafa'ah is an Islamic concept in choosing a good and appropriate partner, but it does not mention in detail the efforts to get a good partner in Islam. The Karanganyar Village community is an example of a community that makes kafa'ah a consideration in choosing a life partner. In this study, there are two groups that will be research subjects, namely women who graduate from Islamic boarding schools and women who do not graduate from Islamic boarding schools. By using a qualitative approach (Field Research) and the type of phenomenological research. This study resulted: (1) kafa'ah women in pesantren prioritize religious understanding and other factors are only complementary, while non-pesantren women prioritize higher education and establishment. (2) the application of kafa'ah for women in Islamic boarding schools is religion, obedience and attention to parents. While the application of non-pesantren women are: faithful, responsible and knowing the limits of the opposite sex.

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