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Muhammad Zuhdi
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alrasikh@uiidalwa.ac.id
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+6281937074144
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alrasikh@uiidalwa.ac.id
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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 93 Documents
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Legal Protection of Women and Children in the Practice of Nikah Sirri (Unregistered Marriage) Soraya, Wiranda; Ali, Bukhari; Husnul, Muhammad
al-Rasῑkh: Jurnal Hukum Islam Vol. 14 No. 2 (2025): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.3323

Abstract

The practice of nikah sirri (unregistered marriage), which still occurs in several regions including Gampong Ajuen, Peukan Bada District, Aceh Besar Regency, raises serious issues, particularly regarding legal protection for women and children. This study aims to describe the practice of nikah sirri in Gampong Ajuen, analyze its impact on legal protection, and identify preventive, mitigative, and solution-oriented measures to minimize its negative consequences. The research applies a qualitative method with a sociological-empirical approach through field data collection. The findings show that nikah sirri creates various problems, such as wives losing their legal rights when abandoned, and children facing difficulties in obtaining birth certificates, legal recognition, and inheritance rights due to the absence of official marriage registration. This situation highlights the legal and social vulnerabilities experienced by women and children as a result of unregistered marriages. To address these issues, strategic measures are required, including public education on marriage registration through the Office of Religious Affairs (KUA), documentation of nikah sirri couples by village authorities, social assistance from DP3A and the Civil Registry Office, and marriage legalization through isbat nikah at the Sharia Court. The contribution of this research is expected to serve as a reference for formulating legal protection policies while strengthening the fulfillment of women’s and children’s rights at both local and national levels.
The Principle of Al-Ḥudūd Tasquṭ bisy-Syubuhāt: An Analysis of the Concept, Arguments, and Implications in Contemporary Islamic Criminal Law Amalia DT, Kiki Reski; Fauziah, Nur Aidah; Musyahid, Achmad; Kuba, Imran Anwar
al-Rasῑkh: Jurnal Hukum Islam Vol. 14 No. 2 (2025): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.3193

Abstract

The application of hudud in Islamic criminal law requires the highest level of legal certainty due to its direct relation to the protection of life, dignity, and individual freedom. The concept of shubha functions as a crucial safeguard to prevent judicial error in punishments that are fixed and irreversible. This study aims to analyze the concept, legal foundations, and contemporary implications of the maxim al-hudud tasqut bi al-shubuhat. Using a qualitative descriptive literature study, the research reveals four key findings: shubha operates as a barrier to enforcing hudud when doubt exists in the act, intention, or evidence; classical and modern scholars consistently affirm that even minimal doubt nullifies hudud to preserve justice; the judicial practice of the Prophet’s Companions demonstrates exceptional caution toward ambiguous cases; and the standard of proof for hudud must reach absolute certainty. The study concludes that shubha serves as a fundamental principle for ensuring substantive justice. Its main contribution lies in strengthening the relevance of this maxim within modern Islamic criminal law discourse.
Sociological Exploration of Intentions in Marriage: A Study of the Living Hadith of the Prophet Muhammad Zuhdi, Muhammad
al-Rasῑkh: Jurnal Hukum Islam Vol. 14 No. 2 (2025): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.3320

Abstract

The rising divorce rate in Indonesia reflects a shift in the meaning and orientation of marriage. Many couples enter marriage not out of sincere spiritual intent or devotion but are driven by materialistic and social motivations that are temporary in nature. This study aims to explore the concept of intention (niyyah) in marriage based on the teachings of Prophet Muhammad (peace be upon him) and its sociological implications for marital stability in contemporary society. The research employs a qualitative, descriptive–exploratory approach through the study of relevant hadiths and in-depth interviews with Muslim couples and religious counselors. The findings indicate that intention plays a significant role in determining the quality and sustainability of marriage. Couples who marry with sincere and worship-oriented intentions tend to demonstrate healthier communication, stronger commitment, and greater resilience in facing life’s challenges. Conversely, marriages founded on worldly motives such as wealth, social status, or physical attraction are more vulnerable to conflict, disappointment, and divorce. These findings align with the Prophet’s warning that impure intentions lead to humiliation and failure within marriage. The study concludes that purifying one’s intention is a fundamental step toward building a harmonious family amid the challenges of modern materialism and individualism. Practically, the results underscore the importance of incorporating spiritual and ethical values into premarital education for Muslim families.

Page 10 of 10 | Total Record : 93

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