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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 82 Documents
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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.
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.
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

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