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Muhammad Zuhdi
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Al-Rasikh : Jurnal Hukum Islam
Published by Universitas Islam Internasional Darullughah Wadda'wah
ISSN : 20891857     EISSN : 25802755     DOI : https://doi.org/10.38073/rasikh
Core Subject : Religion,
Religion
Journal of al-Rasῑkh, is a journal published by the department of Shariah at Darullughah Islamic Institute Waddawah Bangil Pasuruan. This journal is published twice a year, November and July. Journal Al-Rasikh is a journal that accommodates several articles either the results of research or the concept of the study of Islamic Law, especially kesyarihan Islam. The Islamic Sharia covers some of the related Shariah areas such as Law, Judge, and Religious Courts that can be observed from several disciplinary perspectives. It is expected that with the publication of Al-Rasikh journal will add to the repertoire of scholarship about the study of Islamic Studies, especially the study of sharia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
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Search results for , issue "Vol. 13 No. 1 (2024): July" : 10 Documents clear
TINJAUAN ‘URF TERHADAP TRADISI MANGGADAIKAN ANAK KARENA TA IMPOK PALAPA NDAYANG OLEH MASYARAKAT MUARA KANDIS PUNGGASAN Insani, Silvi Sri; Zulfan, Zulfan; Ikhwan, Ikhwan
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 1 (2024): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i1.1653

Abstract

This research was conducted to examine the tradition of pawning children because of the ta impok palapa ndayang by the Muara Kandis Punggasan community. This tradition is a hereditary custom where children who have impok palapa ndayang will be pawned to the bako. This habit is believed by the community to protect children from bad things and maintain family harmony. This research aims to describe the process of implementing this tradition in Muara Kandis Punggasan and review the perspective of Islamic law ('urf) towards this custom. The research method used is qualitative with a descriptive approach. Data was collected through observation, interviews and documentation studies with informants consisting of communities directly involved in this traditional practice as well as local traditional leaders. The results of the research show that the process of implementing the tradition of pawning children involves several stages, including selecting the child who will be impok palapa ndayang, accepting the pawn by the bako, handing over the child, and redeeming the pawn. This tradition is carried out with the belief that if it is not implemented, it can have negative consequences for the family.
HIERARKI PERATURAN PERUNDANG-UNDANGAN HUKUM EKONOMI SYARIAH DALAM PERBANKAN SYARIAH Fatma, Ulafa; Komarudin, Koko
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 1 (2024): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i1.1668

Abstract

Legal hierarchy is a term used for a legal structure that is tiered to become the basis for the authorities authorized to form it. Low norms are based on high norms, so that low (inferior) norms do not conflict with higher (superior) norms. The basis of the highest hierarchical sharia law is Islamic law, then other laws refine and are formed based on previous laws. This research uses a library research approach, with a qualitative descriptive method, looking for relevant sources related to the problem and then describing the data to describe the regulatory framework for Islamic economic law for use in sharia banking. This article will discuss the hierarchy of sharia economic law and regulations used in sharia banking. The two legal bases used in sharia banking are normative law (Islam) and positive law (state). Sharia financial institutions and the public can use this hierarchy as a reference in carrying out sharia contract transactions and resolving sharia economic law disputes.
PEMIKIRAN HUKUM ISLAM PADA MASA TABI’IN DAN TABI’UT TABI’IN SERTA MASA TAQLID Nurlina, Nurlina; Sultan, Lomba; Hilal, Fatmawati
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 1 (2024): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i1.1669

Abstract

Islamic legal thought during the Tabi’in and Tabi’ut Tabi’in periods and the Taqlid period showed rapid and complex development. This research uses library research methods with a qualitative approach. During the Tabi’ut Tabi’in period, the development of Islamic law continued with the emergence of different schools of thought. The Taqlid period, which began after the Tabi’ut Tabi’in period, was marked by the use of Islamic law that had been previously developed by the ulama.  This research found that Islamic legal thought during the Tabi’in, Tabi’ut Tabi’in, and Taqlid periods had various methods and approaches used in interpreting the verses of the Qur'an and the hadiths of the Prophet Muhammad. The results of this research can help increase insight and knowledge about the development of Islamic law as well as the ability to understand various methods and approaches in interpreting the verses of the Koran and the hadiths of the Prophet Muhammad.
PENERAPAN LAFAZ HAQIQAH DAN MAJAZ TERHADAP MAKNA PERKAWINAN DALAM ISLAM Mahatta, Afdhalia; Irfan AD, Muhammad; Bahar, Muchlis; Firdaus, Firdaus
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 1 (2024): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i1.1680

Abstract

In the hierarchy, Haqiqah has a higher position than Majaz, because Haqiqah is the principal while Majaz is the branch. Therefore, Majaz cannot be used as a basis for determining a law unless there is difficulty in using the Haqiqah, and in this case, instructions (qarinah) are needed that direct the use of Majaz. In the linguistic context, the word “an-nikâh” in Arabic has a hakiki meaning and a Majazi meaning. According to Imam Nawawi, linguistically, “nikâh” means joining. Sometimes, the word “nikâh” is used to refer to “marriage contract”, and sometimes it is also used to refer to “intercourse”. This research is a qualitative method that uses library research, in this study the data used is secondary data sourced from books and OJS-based scientific articles that are relevant to this discussion. Based on the discussion that the author has analyzed, it can be concluded that the explanation of the concept of marriage in Islam, especially those related to the word “nikah”, can be understood through the Haqiqah and Majaz approaches. According to ushul scholars and Arabic linguists, the Haqiqah of the word “nikah” is actually “watha”. However, according to the fuqaha, including the four madhhabs, the true Haqiqah of “nikah” is “akad”, although in its Majaz usage it refers to “watha”.
URGENSI MUFTI PEREMPUAN DI DUNIA KONTEMPORER PERSPEKTIF MUBADALAH DAN GENDER Hidayat, Muhammad Syarif
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 1 (2024): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i1.1701

Abstract

The mufti's position in society is very important in responding to the problems of the people. Moreover, in this contemporary era where science and technology are developing so rapidly. However, many women's problems do not receive serious attention. This research is intended to find out what is the position and involvement of women in a fatwa institution or becoming a mufti. How important its role is in the contemporary world is seen from the perspective of gender and gender. This research uses qualitative methods with a type of library research related to several related literature. This research also uses thematic analysis to identify the main themes that emerge from the data that has been collected. From this research, it is known that there is no provision or requirement that a mufti must be a man so that women who have adequate qualities and capabilities are worthy of being a mufti. Apart from that, the presence of female muftis in the contemporary era is very important to ensure gender justice in society, apart from being an enlightener and provider of solutions to people's problems, especially those related to women's issues. With an effective empowerment strategy, it is hoped that female muftis can make a major contribution to realizing more equal gender justice in society.
MAHAR DALAM PERNIKAHAN SEBAGAI HAK EKONOMI PEREMPUAN: KAJIAN TRADISI KEAGAMAAN Asma, Khusnul; Yunita, Ita; Machrus, Ali
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 1 (2024): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i1.1705

Abstract

Dowry in marriage is one of a woman's absolute rights or the wife's rights as a result of marriage. The dowry is given by the prospective husband as part of an expression of the seriousness of a man's desire for a woman, as well as a sign of a prospective husband's affection for his prospective wife. The dowry is also used as a symbol of appreciation to glorify, honor, and is a symbol of the desire to make the woman who will become his wife happy. Providing a dowry is a form of protecting women's rights to take care of and manage their rights. This means that Islam highly upholds women's rights while providing legal protection to women. In this case, the author makes an important note about how a wife should know and receive her dowry after the marriage contract takes place. By knowing and receiving her dowry, a woman, in this case a wife, knows her rights clearly and can then manage and utilize those rights as one of her economic rights without obstacles and difficulties. Dowry is an absolute right that women must have, not just a formality during the marriage contract. Therefore, it is necessary to clarify the dowry, both regarding the form, type and exact amount so that women's economic rights can be fulfilled both in marriage and after divorce.
FENOMENA PEMBERIAN MAHAR UNIK PADA MASYARAKAT MUSLIM SASAK DI TINJAU DARI PLURALISME HUKUM Yusuf, Muhammad Affandi
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 1 (2024): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i1.1710

Abstract

This research is motivated by the unique phenomenon of giving dowry to the Sasak Muslim community, namely in the form of dowry giving grilled chicken, sandels, shrouds, google endsense. Looking at the phenomenon that occurs, it is necessary to look at the concept of giving dowry in Islamic law, and customary law, and then how the legitimacy of giving a unique dowry in Islamic law and customary law is justified. This research is a type of library research (literature study) which is qualitative in nature with a normative-empirical approach. The arguments presented in this study use legal pluralism analysis. Legal pluralism, according to MB Hooker, is a situation characterized by the coexistence of two or more legal systems that interact with each other in the process of legal modernization in a country. Legal pluralism is neutral in nature, meaning that in its interaction there are no forces that dominate each other or are superior to the other. In the case of giving unique dowry, it can be seen that there are no laws that dominate each other, but what is a factor in the legitimacy of the unique dowry is the willingness of women to receive the dowry in accordance with Islamic law or customary law that applies to the Sasak tribal community.
PEMBERIAN HAK ASUH BERSAMA DALAM PENYELESAIAN SENGKETA HAK ASUH ANAK DI INDONESIA: PERSPEKTIF MASLAHAH MURSALAH Maulana, Moh. Iqbal Rifki; Safitri, Melani Intan
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 1 (2024): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i1.1722

Abstract

In general, looking at the various existing regulations and practices in court decisions, child custody law in Indonesia still provides sole custody in resolving child custody disputes. However, in recent years, several judges have begun to establish joint custody in child custody disputes. The main data in this study is in the form of five Religious Court rulings on joint child custody. The purpose of this study is to reveal the judge's legal considerations in determining joint custody and in what cases child custody should be applied from the perspective of maslahah mursalah. This research uses qualitative methods with a normative juridical approach. The result of this study is that the judge's consideration in determining joint custody is not based on the KHI, but based on the best interests of the child which is the judge's interpretation of Article 14 paragraph (1) of Law Number 35 of 2014 concerning Child Protection. Before determining child custody, the judge must first look at the track record of both parents, if both are good in nature and have the ability to take care of children, then the judge can consider determining child custody together. If one parent behaves badly and does not have the ability to care for the child, then it is better to establish sole custody solely in the best interest of the child based on the maslahah mursalah.
PENDEKATAN HOLISTIK DALAM HAK ASUH ANAK PASCA PERCERAIAN: PERSPEKTIF MAQĀṢID SYARĪ’AH AL-TAHIR IBNU ASYUR Fauzan, Ach.; Hamzah, Moh.
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 1 (2024): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i1.1747

Abstract

Divorce is a complex social phenomenon with significant impacts on various aspects of life, particularly concerning child custody issues. Given that child custody has long been a topic of special interest among Islamic scholars and intellectuals, this research aims to explore how a holistic approach to child custody after divorce can be formulated and implemented using Ibn Ashur's perspective of maqāṣid syarī’ah (objectives of Islamic law). This study is normative legal research utilizing a conceptual approach, with Miles and Huberman's analysis theory applied as the analytical technique. The findings of this study reveal that Ibn Ashur expanded the concept of maqāṣid syarī’ah by emphasizing the development and enhancement of human quality of life, beyond the traditional focus on mere protection. In the context of child custody after divorce, Islam emphasizes the child's well-being as the primary concern. The concept of hadhanah encompasses the fulfillment of the child's physical, emotional, and spiritual needs, with shared responsibility between both parents, even after divorce. The holistic approach to child custody inspired by Ibn Ashur's thought emphasizes the importance of considering the child's natural disposition (fitrah), flexibility in arrangements, maslahah (public interest) as the main principle, equality in parental roles, and respect for the child's freedom to express their opinions.
TINJAUAN FIKIH MUNAKAHAT DALAM BUDAYA MERARIK SUKU SASAK DI LOMBOK TIMUR Saidi, Abdul Gafar; Rifai, Muhammad Agus; Parhi, Nurmu'izzatin Zaharatul
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 1 (2024): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i1.1758

Abstract

Marriage in Islam has a religious meaning that is very high in value and important in human life, because marriage is a form of basic human needs, also included in the holy agreement between men and women. The purpose of this research is to find out the reasons why people still carry out the Merarik custom. This type of research is normative empirical legal research, the data sources needed in this research are divided into two sources, namely primary and secondary data sources, while data collection techniques use document studies and interviews. The data analysis in this research uses qualitative descriptive analysis. The results of this study explain that in the tradition of the Lombok people a proposal is replaced by the term Merarik, this is a hereditary tradition besides being done by proposing. The memaling tradition in Merarik is carried out as a form of society still holding customs that show the masculinity of a man rather than proposing directly which sometimes in the Sasak community it is a form of demeaning the parents of women.

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