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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 2 (2022): November" : 5 Documents clear
REALITAS PERNIKAHAN BEDA AGAMA PERSPEKTIF IBNU HAZM Alfa Thoriqotur Rizqi, Qurrotul Ainiyah,
Mabahits : Jurnal Hukum Keluarga Islam Vol 3 No 2 (2022): November
Publisher : UAS PRESS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62097/mabahits.v3i2.1057

Abstract

Islam emphasizes the virtue of finding a partner who is of the same religion. However, the reality in society is that interfaith marriages are still carried out by Muslims with non-people of the book. Responding to the interfaith marriage, Ibn Hazm allowed if the marriage was carried out by Muslims and people of the book. This study uses a qualitative method (library research). With the results: 1. Muslim women are not allowed to marry non-Muslim men either from among the polytheists or the people of the book. Muslim men may marry non-Muslim women from among the people of the book only. On the grounds that the people of the scriptures are not polytheists, because the religion of the people of the scriptures does not have any teachings about shirk. 2. In the Indonesian context, the opinion of Imam Ibn Hazm cannot be applied. Because interfaith marriages, especially Muslim men with Christian women, are feared to be a means of Christianizing Muslims and there are many benefits and harms than benefits for both parties and their descendants
Relevansi Hak Ijbar Wali Nikah ( Study Pemikiran Wahbah Az-Zuhaili Dalam Fiqih Islam Wa Adillatuhu) Dan Kompilasi Hukum Islam (KHI) Ridwan Yunus, Moch. Aufal Hadliq KMW,
Mabahits : Jurnal Hukum Keluarga Islam Vol 3 No 2 (2022): November
Publisher : UAS PRESS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62097/mabahits.v3i2.1058

Abstract

In the anthropological perspective of Islamic law, which has a greater portion in the creation of law and the sustainability of the existence of law, it also has a contradictory perspective on the sustainability of the provisions of the guardian's ijbar rights. The values, norms and culture of today's society have given more position to women's determination. This means that the existence and role of women is now very much needed. Thus, the provisions of the right of ijbar that provide restraint to women are very contrary to the values, norms, and culture that exist in today's society. As a result, the right of ijbar cannot be accepted by various layers of society. The researcher chooses the type of research. In this library research, the researcher uses a qualitative library research approach. With data sources that include: primary data consists of Islamic Fiqh and the Compilation of Islamic Law (KHI). While secondary data in the form of, Islamic Marriage Law and others. Furthermore, the data that has been collected is analyzed by means of content analysis. Based on the research results are: (1). According to the thought of Wahbah az azuhaili, the right of ijbar or wali mujbir is assigned to a young girl even though she is a widow. the marriage of a woman who has reached puberty and is wise. He has the right to marry himself. While Jumhur is of the opinion that the one who marries her is her guardian. While the person who can force at this time is the father and the person he willed. does not have the right to force the marriage of virgins, minors, and insane persons other than the master, father, and other guardian whom he willed. (2). In the Compilation of Islamic Law (KHI) a guardian may not force his child's will to marry, in other words if a guardian wants to marry off his child there must be the willingness or permission of the bride and groom. This is mentioned in the Second Part of the Compilation of Islamic Law on Prospective Bride and Groom.
PANDANGAN ISLAM TERHADAP IDDAH CERAI MATI WANITA KARIR DIDESA KANDANG TEPUS KECAMATAN SENDURO KABUPATEN LUMAJANG Siti Fatimatuzzahro, Beni Ashari,
Mabahits : Jurnal Hukum Keluarga Islam Vol 3 No 2 (2022): November
Publisher : UAS PRESS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62097/mabahits.v3i2.1059

Abstract

Women as citizens have the same rights and obligations as well as opportunities as a man to play a role in development in all fields. In such circumstances if the career woman is suddenly abandoned by her husband, her activities will be faced with religious provisions called iddah or ihdad. When her husband dies, they have to go through the iddah period, while the iddah that took place in the village of Kennel Tepus, Senduro sub-district, not all career women perform their iddah in accordance with sharia rules because of the demands of work and responsibility to support their families.research uses a qualitative method (field research) with a This phenomenological type of research. This research succeeded in concluding: 1) the practice of 'iddah divorcing for career women in Kandangtepus Village, Senduro Subdistrict, Lumajang Regency, which is in accordance with religious and shari'ah rules, although not all of them perform the 'iddah in full which has been explained in the hadith and the Qur'an' an, but sometimes they go out of the house to earn a living in order to support themselves and their children.. 2) that the Islamic view of the 'iddah of divorce and death for career women whose husbands live in death is the same as women in general, namely 4 months 10 days. and According to M. Quraish Sihab, Islam allows a woman who is experiencing iddah to leave the house to earn a living in order to support her life and her children after the departure of her husband.
KONSEP SAKINAH PADA PERNIKAHAN DINI DI DESA TAMANSARI KECAMATAN WULUHAN KABUPATEN JEMBER Laily Nur Fadillah, Ahmad Zuhairus Zaman,
Mabahits : Jurnal Hukum Keluarga Islam Vol 3 No 2 (2022): November
Publisher : UAS PRESS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62097/mabahits.v3i2.1060

Abstract

Marriage ordained by God is a noble institution to regulate the relationship between men and women in accordance with human dignity. One of the goals of marriage is to realize a legitimate life based on mawaddah wa rahmah, namely a peaceful life based on love and affection between husband and wife and all family members. Early marriage is closely related to the absence of marriage readiness, such as readiness, readiness of property or material and physical readiness. The subjects in this study were the people of Tamansari Village, Kec. Wuluhan and a couple who had an early marriage. With the type of phenomenological research. This study resulted in: (1) the concept of Sakinah in the community, namely mutual acceptance, trust, and surrender of sustenance or sufficient economic origin to eat and go to school. (2) The application of the concept of sakinah to couples who have an early marriage in Tamansari Village, Wuluhan District, has harmony in principle, satisfaction for each partner and is open in any case without hope.
PRO-KONTRA ATAS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 TENTANG KEDUDUKAN DAN HAK ANAK LUAR KAWIN Lutfiyah, Novi
Mabahits : Jurnal Hukum Keluarga Islam Vol 3 No 2 (2022): November
Publisher : UAS PRESS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62097/mabahits.v3i2.1061

Abstract

This research uses qualitative methods, while the type of research is library research which is contextual interpretation by explaining: (1) What is the position and rights of children out of wedlock after the decision of the constitutional court number 46/PUU-VIII/2010 (2) What are the arguments of the pro and contra groups of people over the decision of the constitutional court number 46/PUU-VIII/2010. This study concluded that (1) illegitimate children can get the position and rights that exist in themselves, such as civil relations, maintenance rights, subsistence rights, and educational financing rights from their biological fathers as long as they can be proven based on science and technology or other tools. Other evidence as for the inheritance of the father, the child can only get it in the form of a will or a grant. (2) The arguments of the pro group are more in terms of the interests of the child in giving an opinion where the child should be given legal protection against acts of discrimination or things that threaten the safety of the child and confirms guarantess of constitutional rights such as the right to life and rights private. Meanwhile the opposing group gave an argument that looked more from a religious perspective on the validity of their parents marriage, because how could a child resulting from a relationship outside of marriage have the same position and rights as a legitimate child so that it would have a bad impact and facilitate moral depravity, prostitution and the existence of a decision. This is considered to have violated Islamic theachings and even changed the order of life of Muslims which had been in effect and made it difficult for inheritance to be distributed. Key Word: Pros-Cons, The Position and Rights of Children Out of Wedlock, Constitutional Court Decision.

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