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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 93 Documents
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Criminal Acts of Adultery Based on Islamic Law and Positive Law in Indonesia Syafaatullah, M. Rafli; Zulfiko, Riki
al-Rasῑkh: Jurnal Hukum Islam Vol. 14 No. 1 (2025): May
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v14i1.2457

Abstract

Adultery is a complex social phenomenon that raises various moral, social, and legal issues in Indonesia. The existence of positive legal regulations and sanctions within Islamic law shows different approaches in addressing this problem; however, their effectiveness still requires comprehensive analysis. This study aims to compare the concepts, sanctions, and enforcement mechanisms regarding adultery according to Islamic law and positive law in Indonesia. The method used is normative research with literature analysis of laws and regulations, fiqh texts, and legal literature from both national and Islamic perspectives. The results indicate that the application of sanctions under Islamic law, such as stoning and flogging, has a more effective preventive and curative impact in combating adultery compared to lighter criminal sanctions under positive law, which is based on delik aduan (complaint-based offenses). Enforcement of Islamic law is also more effective and efficient because it is grounded in a strict system of evidence that does not rely on third-party advocacy, unlike the subjective and limited nature of positive law systems. The contribution of this research is to provide guidance for developing a more just and humane criminal law policy, as well as integrating sharia values into Indonesia’s legal reforms.
Gender Equality in the Household Life of Generation Z Wiranti, Wiranti; Abadi, Lukman Trijaya; Rahman, Zaizul bin Ab
al-Rasῑkh: Jurnal Hukum Islam Vol. 14 No. 1 (2025): May
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v14i1.2557

Abstract

Generation Z has grown up in the digital era with broad access to information, including discourses on gender equality. In the context of family relationships, this generation demonstrates a shift in values and practices compared to previous generations. This study aims to explore how Generation Z couples perceive and practice gender equality within the household. The research employs a descriptive qualitative method with a phenomenological approach, using in-depth interviews with married Generation Z couples. The findings reveal that these young couples exhibit a relatively high awareness of gender equality principles, as reflected in a more balanced distribution of domestic roles and childcare responsibilities. Women tend to be more vocal in expressing their expectations for equality, while men show a degree of openness to shifting traditional gender roles, although patriarchal values still exert significant influence. The study concludes that gender equality practices among Generation Z couples have made substantial progress, yet continue to face challenges through ongoing negotiations with deeply rooted cultural norms. This research recommends further studies with broader participant diversity and interdisciplinary approaches to capture the long-term dynamics of gender equality within modern family relationships.
Julid Fi Sabilillah: The Netizen Jihad Movement in the Israel-Palestine Conflict Through the Maqashid Syariah System Approach Kurniawan, Achmad Alfan
al-Rasῑkh: Jurnal Hukum Islam Vol. 14 No. 1 (2025): May
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v14i1.2567

Abstract

The Israel-Palestine conflict, marked by widespread human rights violations, has prompted global responses, including digital activism through the julid fi sabilillah movement. Despite the negative connotations of julid, it is framed as contemporary jihad to counter narratives of Israeli apartheid, regardless of any contradictions with Islamic principles of justice and ethics. This study aims to assess the validity of the movement through the maqashid syariah framework. Utilizing a descriptive-analytical technique in empirical legal research, data from books, journals, and social media content were analyzed through data reduction, presentation, triangulation, and the features of the maqashid syariah system approach. Research indicates that julid fi sabilillah may be classified as a fardu kifayah if it adheres to normative standards, such as a sincere intention, evidence-based analysis, and the prevention of defamation (ghibah) and misinformation (fitnah). The movement actualizes the interrelated hierarchy of maqashid syariah by advocating for global justice and human rights (universal objective), digital literacy (specific), and moral pressure (partial). The results highlight the need to integrate internet activism with sustained collective action and the idea of amar ma’ruf nahi munkar to prevent slacktivism. This study offers an evaluative framework for Muslim communities to contextualize and ethically address digital jihad.
Supervision of the Implementation of Justice during the Caliphate of the Rashidun from the Perspectives of History and Socio-Politics Marwah, Andi; Zulkifli, Zulkifli; Halim, Abdul; Asni, Asni
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.2625

Abstract

Supervision of judicial proceedings during the era of the Rashidun Caliphate was a crucial aspect influencing social justice and the sustainability of early Islamic legal systems. The aim of this study is to conduct a comprehensive analysis of the mechanisms of supervision and the challenges faced by caliphs in ensuring justice during this period. The research methodology employs a qualitative descriptive-analytical library review, examining primary and secondary sources from classical and contemporary literature. Findings indicate that supervision was systematically implemented through the roles of caliphs, community reports, and direct oversight, despite challenges related to geography, limited human resources, and varying interpretations of law. The principles of power separation and the Ijtihad of caliphs actively strengthened the supervision mechanisms, while socio-political dynamics influenced their application and continuation. This study enriches the historical study of Islamic law and offers valuable insights regarding the relevance of past supervision practices in strengthening justice and integrity in contemporary judicial systems.
Transformation of Islamic Law in Responding to the Challenges of Modernity by Integrating Classical Fiqh and Contemporary Fiqh Suryantoro, Dwi Dasa
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.2747

Abstract

Islamic law, as a legal system rooted in religious traditions and values, faces great challenges in adapting to the dynamics of modern life. Contemporary fiqh emerged as a solution to this challenge, by offering a more flexible and responsive interpretation to social, political, and technological changes. This article aims to analyze the transformation of Islamic law through contemporary fiqh and the renewal of ushul fiqh to accommodate contemporary issues, such as women's rights, religious pluralism, and individual freedom. It is important to remember that contemporary fiqh does not replace classical fiqh, but rather develops a more flexible interpretation of law, while respecting the basic principles contained in classical fiqh. The research method used is a descriptive qualitative approach with thematic analysis of relevant literature. The results of the study show that contemporary fiqh can serve as a bridge between classical fiqh and the needs of modern times, while maintaining the core values of Islamic law. The contribution of this research lies in the offer of a conceptual framework that strengthens the relevance of fiqh in answering the challenges of modernity in an applicative and contextual manner.
The Phenomenon of “Bondo Nekat” Marriage in Pesantren and Its Impact on Marital Harmony Rahman, Arif
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.2933

Abstract

The phenomenon of impulsive marriages, or “bondo nekat” marriages, occurring within pondok pesantren (Islamic boarding schools) has garnered attention due to the frequent lack of thorough preparation and mutual understanding beforehand. The aim of this study is to analyze the impact and determining factors of the success of “bondo nekat” marriage households at Pondok Pesantren Darullughah Wadda’wah. This research employs a descriptive quantitative approach with a field case study method, collecting data through interviews, observations, questionnaires, and documentation, then analyzing it statistically. The findings reveal that most couples marry with minimal financial preparation and are relatively young, yet they can establish harmonious households thanks to religious knowledge, effective communication, and contentment. Despite economic challenges, they maintain happiness and familial harmony, with pesantren experience strengthening conflict management and duty fulfillment. This study contributes significantly to understanding that material readiness is not the sole determinant of marital success, indicating that religious education and moral values play crucial roles in building a sakinah family.
Patriarchal Dominance as a Contributor to Domestic Violence Rismayadi, Dedi; Alimuddin, Alimuddin; Mustaqim, Riza Afrian
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.2995

Abstract

In a society still dominated by patriarchal views, women often face injustice and domestic violence, which hinders gender equality and leads to poverty. This phenomenon, which is often considered a private matter, is further exacerbated by a lack of legal understanding and suboptimal community responses. This study aims to explore in depth the dynamics of patriarchal domination and its impact on domestic violence at the micro level. Using a qualitative case study design in Gampong Cot Matahe, data was collected through in-depth interviews, observations, and documentation studies. The results showed that patriarchal structures are deeply rooted, leading to power imbalances and the normalization of domestic violence, with victims facing stigma and dependency. Although regulations exist, their implementation in the field is still weak due to a lack of legal awareness and the suboptimal role of community leaders in prevention and handling. This study contributes to an enriched understanding of the manifestations of patriarchy and domestic violence at the local community level, and suggests a comprehensive approach for more effective interventions.
Tracing the Trajectory and Response of Islamic Law to Organ Transplantation According to the Scales of Shari'ah Ramadhan, Agung Ilham; Mustofa, Imron
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.2623

Abstract

The medical field is gradually beginning to reveal its new breakthroughs related to the discovery of new treatment methods in the form of organ transplantation or the transfer of human organs to save other human organs, which is referred to as transplantation. The urgency of this practice is directed towards individuals who exhibit symptoms of organs detached from normal conditions. The aim of this research is to explore the Islamic legal response to transplantation practices that have not been specifically addressed in the Qur'an. Qualitative research is employed as a method, utilizing a comparative approach to the views of classical and modern scholars in conjunction with the fatwas of religious bodies. The findings of this study demonstrate that the Islamic legal response is very flexible in permitting transplantation practices, thereby making the medical world a bridge for the healing of humanity. This modern treatment method minimizes disparities in the medical field. This article can enrich the literature on organ transplantation by thoroughly analyzing the opinions of classical and contemporary scholars, thus necessitating the drafting of a new fatwa while considering the medical, social, and spiritual dynamics of the Islamic community.
An Analytical Review of the Values in Adabul Islam fi Nidzomil Usroh: Early Marriage as a Preventive Measure Against Adultery and a Means of Adolescent Maturation Aswat, Hazarul; Zako, Mushthafa Hilmiy Ar Rasyiid
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.2633

Abstract

Marriage is the union of a man and a woman who are not mahram (unmarriageable kin). Early marriage refers to the marriage of a man and a woman who are still considered young in age. This study is prompted by the concerning situation in Indonesia today, where many young people have fallen into acts of fornication. Test results show that many young women are no longer virgins and that a significant number have become pregnant outside of marriage. This study seeks to explore one possible solution to the issue of fornication by referring to Islamic teachings, specifically through the book authored by Abuya Prof. Dr. As-Sayyid Muhammad bin As-Sayyid Alwi Al-Maliki Al-Hasani Ra, who is more commonly known as Abuya Maliki Ra. This study employs a qualitative research method, specifically a type of library research. Data collection is carried out by identifying key points relevant to the main issue, followed by analysis of the findings through translation and interpretation. The results are then presented in a discussion that relates directly to the core problem. First, Abuya Maliki wrote this book in response to the various problems occurring within marriage. Second, he structured the book in stages that are easy to understand, explaining each issue individually along with its solution. Third, Abuya Maliki authored the book because the problems addressed in the study had already existed, and have now become even more serious-like a dangerous virus attacking the human body. This study is expected to provide a deeper understanding of the importance of encouraging early marriage, in order to prevent acts of fornication within society.
The Practice of Isbat Nikah and Its Implications for Family Status in the Study of Maslahah Mursalah Alfirdaus, Saifullah; Arsyad, Mufid; Santoso, Haris
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.2814

Abstract

The phenomenon of marriages that are only carried out religiously without state registration still occurs a lot in Way Kenanga District, West Tulang Bawang Regency, causing unclear legal status of families and limited access to civil rights. This study aims to analyze the impact of the practice of marriage confirmation on family status from the perspective of Maslahah mursalah in Islamic law. The study used a qualitative method with case studies, data collection techniques through interviews, observations, and documentation, and was analyzed using a deductive approach using the theory of Maslahah mursalah as the main foundation. The results of the study indicate that marriage confirmation is effective in providing formal legality, strengthening family civil rights, and increasing the social legitimacy of married couples. This practice also fulfills the principles of maqashid al-syari’ah, especially in maintaining offspring and protecting individual rights. The study recommends the need to increase legal socialization programs, simplify marriage confirmation procedures, and provide financial support from the government for low-income communities, in order to expand the benefits of marriage confirmation for the welfare of society in a sustainable manner.

Page 9 of 10 | Total Record : 93

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