cover
Contact Name
Muhammad Zuhdi
Contact Email
alrasikh@uiidalwa.ac.id
Phone
+6281937074144
Journal Mail Official
alrasikh@uiidalwa.ac.id
Editorial Address
Jl . Raya Raci No. 51 PO Box 8 Bangil Pasuruan Jawa Timur
Location
Kab. pasuruan,
Jawa timur
INDONESIA
Al-Rasikh : Jurnal Hukum Islam
ISSN : 20891857     EISSN : 25802755     DOI : https://doi.org/10.38073/rasikh
Core Subject : 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
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.
ISLAMIC LEGAL ANALYSIS OF QARDHUL HASAN AGREEMENT IN BITUL MAL WA TAMWIL INTEGRATED JOINT BUSINESS SIDOGIRI BRANCH BAWEAN Robi'in, M.
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 2 (2023): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i2.1777

Abstract

This study examines the role of Islamic Banks and Baitul Maal wa Tamwil (BMT), especially BMT UGT Sidogiri Bawean Branch, in supporting the community's economy through sharia principles. Islamic Banks act as financial intermediaries that comply with sharia principles, avoid usury, and transactions that contain uncertainty. As a sharia-based microfinance institution, BMT focuses on developing productive businesses and distributing zakat, infak, and sedekah funds to improve the quality of the community's economy, especially in the small and medium enterprise (SME) sector. This study uses a qualitative approach with a case study design to explore how BMT UGT Sidogiri Bawean Branch operates and overcomes challenges in implementing sharia principles. Data collection methods include in-depth interviews, participant observation, and document analysis, while thematic analysis is used to identify significant patterns and dynamics. The research findings indicate that although BMT UGT Sidogiri Bawean Branch has succeeded in providing interest-free loans through the Qardhul Hasan product, there are inconsistencies with sharia principles that need to be fixed. This study confirms the important contribution of Islamic Banks and BMTs in creating a fair and sustainable financial system, as well as their role in building a more inclusive and ethical economy.
MENUJU KELUARGA SAKINAH DENGAN BERSIWAK Zuhdi, Muhammad
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 2 (2023): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i2.1781

Abstract

This study aims to explore how the use of siwak can contribute to creating a sakinah family, namely a family full of tranquility, peace, and affection. Using a qualitative approach with a descriptive method, this study involved 10 Muslim families who routinely use siwak in their daily lives. Data were collected through in-depth interviews, participant observation, and document analysis. The results of the study indicate that the use of siwak is not only beneficial for oral and dental health, but also has high religious value, which can strengthen spiritual and emotional bonds between family members. The habit of using siwak together creates valuable moments of togetherness, improves communication, and reduces stress in the family. Thus, siwak can be an effective way to support the achievement of a sakinah family. This study provides practical recommendations for Muslim families and religious institutions to promote the use of siwak as part of efforts to create harmonious and healthy families.
STRATEGI MEDIATOR NON HAKIM UNTUK MENCAPAI KEBERHASILAN DALAM MEDIASI PERCERAIAN DI PENGADILAN AGAMA BANGIL Faizzati, Savvy Dian
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 2 (2023): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i2.1801

Abstract

Divorce mediation in the Bangil Religious Court plays an important role in resolving domestic conflicts peacefully. This study explains the importance of mediation as an alternative to resolving disputes in court and highlights the challenges faced in the mediation process. The writing method used in this article is an in-depth literature review and analysis of mediation practices in the Bangil Religious Court. Data collection was carried out through observation, interviews and documentation related to divorce mediation practices in the Bangil Religious Court. This study covers various strategies applied by non-judge mediators, including religious, psychological, beautiful past, family, and mathematical logical approaches. This study shows that the success of divorce mediation is highly dependent on the mediator's ability to apply appropriate strategies, taking into account the cultural, psychological, and social contexts of the conflicting parties. This study makes an important contribution to the development of mediation practices in the religious court environment, especially in the context of divorce.
STATUS DAN KEDUDUKAN WALI DALAM PERNIKAHAN TERHADAP ANAK HASIL ZINA MENURUT PERSPEKTIF MADZHAB SYAFI’I DAN KUHPERDATA Rahman, Arif
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 2 (2024): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i2.1810

Abstract

This study aims to analyze the status and position of guardians in the marriage of children resulting from adultery from the perspective of the Syafi'i School of Law and the Civil Code (KUHPerdata). Marriage is one of the important institutions in Islam, with guardians playing a key role in determining the validity of a marriage. However, the status of children resulting from adultery who are not recognized as legitimate descendants by their biological fathers raises questions about who has the right to be a guardian in the child's marriage. This study uses a qualitative research method with a library research approach, reviewing various literature and related books to understand the position of guardians in the marriage of children resulting from adultery. The results of the study show that according to the Syafi'i School of Law, children resulting from adultery do not have a guardian from the father's lineage, so the judge guardian becomes the legal guardian in their marriage. Meanwhile, in the Civil Code, children resulting from adultery only have a civil relationship with their mother and her family. This analysis highlights the important role of guardians in protecting children's rights and ensuring the validity of marriage, as well as the differences in views between Islamic law and the Civil Code in determining guardians for children resulting from adultery. Thus, this research is expected to provide a more comprehensive understanding of legal protection for children resulting from adultery in the context of marriage.
PEMBATALAN PERKAWINAN AKIBAT WALI NIKAH TIDAK SAH: Analisis Putusan Mahkamah Syar’iyah Banda Aceh Nomor 24/Pdt.G/2020/Ms.Bna Raihan, Meuthia; Hanapi, Agustin; Amri, Aulil
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 2 (2024): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i2.1944

Abstract

The legal considerations in Decision Number 24/Pdt.G/2020/Ms.Bna do not contain Islamic legal considerations, only referring to the regulations for granting the contents of the posita. This research aims to analyze Decision Number 24/Pdt.G/2020/Ms.Bna in terms of Islamic law which has a verstek decision which grants marriage annulment because the marriage carried out is considered invalid. The research method used is qualitative, namely decision research and literature research using a case approach. After analyzing the decision Number 24/Pdt.G/2020/Ms.Bna, it is relevant to Islamic law. If standard operational procedures at the KUA Baiturrahman District, Banda Aceh City are implemented properly, of course there will be no dispute in this case. The litigants and the community must also be honest and know their lineage well so that no marriage occurs unless it is a marriage approved by Allah Swt.
PENGELOLAAN WAKAF UANG BERKEADILAN SOSIAL: PENGELOLAAN INVESTASI DAN MANFAAT WAKAF UANG MELALUI PEMBIAYAAN MIKRO OLEH BMT Hilmi, Hasbullah
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 2 (2024): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i2.1947

Abstract

Empowering the poor can be achieved by expanding access to financial institutions and funding. This study explores a financing and business incubation model based on cash waqf through Baitul Mal wa Tamwil (BMT). The research begins with an analysis of cash waqf instruments, regulations, and their implementation in Indonesia, drawing insights from M.A. Mannan's Cash Waqf Certificate and Muhammad Yunus' Grameen Bank concept. BMT, as a unique mikrofinance institution in Indonesia, integrates sosial and economic functions within a single entity. The findings indicate that BMT is an ideal institution for managing cash waqf. Waqf funds are invested in mikro-business financing, with returns allocated for training and business development programs targeting the poor. By synergizing its sosial and economic roles, BMT serves as a strategic solution for sustainable, waqf-based economic empowerment.
ETIKA PROFESI NOTARIS Zaim, Mahibu; Tua, Hafizd Purbala; Jamaludin, Nurrun
al-Rasῑkh: Jurnal Hukum Islam Vol. 10 No. 1 (2021): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v10i1.1114

Abstract

One aspect that is highlighted in ethics and morals relating to one's behavior is a field of expertise called the profession. Because the profession as a job about theoretical and technical expertise, which relies on honesty, so the dependence and expectations of people who need help is very large to implement a good law enforcement system, so the profession is required to carry out the duties and functions of the profession, so he really works professionally in the field. Professionals engaged in the field of law include judges, prosecutors, police, advocates, notaries, and various elements of the institution authorized by law. To be a good organizer of the legal profession in carrying out its professional duties in upholding the law requires practitioners who have the qualifications of attitude, humanity, attitude of justice, able to see and place objective values in the cases handled, honest attitude, and the maturity of technical skills and ethics.
IMPLEMENTASI ISBAT NIKAH MASSAL DALAM PERSPEKTIF KOMPILASI HUKUM ISLAM Kurniawan, Achmad Alfan; Rahmadhani, Aulia
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 2 (2024): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i2.1759

Abstract

Marriage, as stipulated by laws and regulations, requires documentation by an authorized official. Nonetheless, numerous marriages remain unregistered, as observed in Lampihong District, Balangan Regency, South Kalimantan, resulting in some individuals lacking a marriage certificate to validate their union. In response to this issue, KUA officials initiated mass marriage isbat to facilitate the issuance of marriage certificates. This study aims to elucidate the mass marriage isbat in Lampihong District and its relevance to the Compilation of Islamic Law (KHI). Employing an empirical legal research methodology with a case study approach and data were collected through interviews, the findings indicate that mass marriage isbat has been conducted in Lampihong District from 2019 to 2023, involving a total of 218 participants. This initiative aligns with Articles 5, 6, and 7 of the KHI. While these articles do not explicitly outline the procedure, the implementation of mass marriage isbat is deemed permissible and valid, as there are no prohibitions against its collective execution. Participants of the mass marriage isbat reported various advantages, particularly concerning the legitimacy of population administration, the safeguarding of marital rights and responsibilities, and the fulfillment of children’s needs.
PERLINDUNGAN HUKUM TERHADAP HAK ISTRI DAN ANAK PASCA CERAI TALAK Lubis, Risanna Aulia Adha
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 2 (2024): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i2.1824

Abstract

Divorce cases are something that often occurs due to many factors, this condition causes a consequence where there are rights that must be fulfilled by the ex-husband to the ex-wife and children. This study will discuss the rights of women and children after a legal divorce. These rights are considered necessary to be discussed clearly as in the Indonesian legal system, women's rights are outlined without exception which also include the rights of children from the marriage. These obligations are things that must be fulfilled by the ex-husband after a divorce which has been guaranteed through the formulation of Supreme Court regulations, especially considering that marriage in Indonesia has been regulated in positive law and Islamic law. This study uses a normative legal approach with a type of literature study research based on laws and regulations as a source of literature. The results of this study explain that after a divorce, women's rights, including the right to a living, are guaranteed in the Marriage Law, which is also strengthened by the issuance of Perma Number 3 of 2017. In addition, it is explained that the urgency of legal protection for children, both while still in marriage and after a divorce, is very much needed to minimize the potential for undesirable things, including lack of affection, neglected children, free association, or conversely the inability of children to socialize like children in general.

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