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Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
ISSN : 26568152     EISSN : 26564807     DOI : https://doi.org/10.47467/as
Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga pertama kali terbit April 2019 untuk mendukung pengembangan riset dan kajian manajemen, hukum, bimbingan, dan konseling keluarga Islam dalam arti luas ditinjau dari berbagai sudut pandang. Oleh karena itu. jurnal ini akan menampilkan artikel-artikel hasil riset dan kajian teoritis, empiris maupun praktis yang berkaitan dengan hukum, bimbingan dan konseling keluarga Islam. Publikasi jurnal ini bagian dari kerjasama dengan Masyarakat Ekonomi Syariah dan  Intelectual Association for Islamic Studies (IAFORIS).  E-ISSN 2656-8152 P-ISSN 2656-4807  DOI: 10.47476/as. Terbit tiga kai setahun setiap April, Agustus dan Desember. Volume 1 Nomor 1 2019 sampai Volume 6 Nomor 1 2024 terbit di url https://journal.laaroiba.ac.id/index.php/as. Mulai edisi Volume 6 Nomor 2 2024 sampai selanjutnya terbit di url https://journal-laaroiba.com/ojs/index.php/as
Arjuna Subject : Ilmu Sosial - Hukum
Articles 295 Documents
Peran PKS Menjadikan Masyarakat Lebih Beretika dan Bermoral Dalam Berpolitik  Siregar, Husna; Abdi, Abdi; Djailani, M. Irfan; Alamsyah, Firman
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 5 No. 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v5i3.264

Abstract

Democracy is a word that always fills the conversation of all levels of society, from the lower class to the elite class, namely community leaders, politicians, students, scholars, etc. In addition, democracy is believed to be an alternative value system that develops at the intersection of human life and society, even the state. Democracy is a school of philosophy, namely a school that studies the origins of political power in a country based on the general will of the people. In this case, the nation can be described as a rule of law that evokes the general will and animates the contents of democracy. Following the democratic system, power in the country is in the hands of the people themselves, basically democracy comes from the people, is governed by the people and benefits all the people. From an organizational point of view, democracy means the organization of the State which is carried out by the people themselves or with the consent of the people because sovereignty is in the hands of the people. Another opinion states that democracy is a political system which shows that public policies are determined on the basis of a majority by representatives who are effectively supervised by the people in periodic elections based on the principle of political equality and are held in an atmosphere of guaranteed political freedom. Keywords : social justice party, society, ethics, morals, politics.
Pernikahan Usia Dini Menurut Interpretasi Ayat  Al-Qur’an Matondang, Husnel Anwar; Suib, Muhammad; Ahbaroni, Muhammad Dipa; Irwana, Arini Suci; Siregar, Muhajiroh Alya
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 5 No. 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v5i3.266

Abstract

Early marriage is a common problem in every family. Given that the child is the successor and hope in the future. In fact, early marriage is increasingly happening, this is evidenced by the movement of Aisah Wedding's. There are several factors that cause many early marriages, among others; First, religious understanding that is not oriented to the best interests of the child. Second, cultural factors and traditions of the community that should not reject the application. Third, lifestyle. Fourth, poverty. Fifth, legal controversy. With the demikia of early marriage is not a solution to the problem that is happening, it is necessary to prepare the maturity of the child both theologically, physically and mentally. Keywords : interpretation of verse, early marriage.
Analisis Yuridis Tentang Pertimbangan Hakim dalam Memberikan Izin Poligami bagi Pegawai Negeri Sipil (PNS) Wanita Sebagai Istri Kedua:: Studi Putusan Nomor 0085/Pdt.G/2019/PA/Sel Dalimunthe, Nuh Ansa; Milhan, Milhan
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 5 No. 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v5i3.267

Abstract

This study aims to analyze the decision of the Religious Court Number 0085/Pdt.G/2019/PA.Sel regarding the application for polygamy permit with the second prospective wife a Civil Servant (PNS). This study is conducted to find out the basis for the judge's consideration of granting the application. Whereas as in Government Regulation Number 45 of 1990 Article 4 paragraph (2) does not allow female civil servants to become the second, third and fourth wives. This research is a type of qualitative research with a normative juridical approach that uses a statute approach, case approach, and literature approach. The primary data sources of this research are the Religious Court Decision 0085/Pdt,G/2019/PA.Sel, Marriage Law Number 1 of 1974, Government Regulation Number 45 of 1990 amending Government Regulation Number 10 of 1983, and the Compilation of Islamic Law (KHI). The results of this study indicate that the judge in exploring and adjudicating this case made ijitihad which granted a polygamy permit application with a prospective Civil Servant wife. The judge prioritized the principle of public justice as intended by Article 5 of Law Number 48 of 2009 concerning Judicial Power. The panel of judges also emphasized the morality aspect in which the applicant was allowed to marry (Polygamy). Because mutual love is difficult to separate, and the second wife candidate attaches a letter to bear the risk in Decision Number 0085/Pdt.G/2019/PA.Sel. Keywords: Polygamy, Juridical Analysis of Judges' Considerations, Female Civil Servants
Problematika Penegakan Qanun Jinayat di Aceh A. Tanjung, M. Arif Fadillah; Firmansyah, Firmansyah; Lubis, Fauziah
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 5 No. 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v5i3.304

Abstract

After the enactment of Qanun No. 6 Year 2014 on (Qanun Jinayat), several problems arose, both internal and external. After the enactment of Qanun No. 6 of 2014 on (Qanun Jinayat), several problems arose, both internal and external problems. Internal problems arise with a variety of problems, facilities and infrastructure are not yet complete, the emergence of polemics about the place of execution of flogging, socialization is still considered insufficient, uneven resolution of Qanun Jinayah enforcement problems in each district / city, the emergence of differences in interpretation in Jinayat cases resolved by Jinayat law and Qanun fostering customary law, between one gampong and another gampong differ in the type of customary sanctions on khalwat, varied in the type of sanctions and law enforcement. More specifically, the internal problems faced in the implementation of Qanun Jinayat in Aceh are from the law enforcement apparatus itself (Wilayatul Hisbah, Police, Attorney General's Office, and Syar`iyah Court) and traditional leaders who have different perceptions of Qanun Jinayat. This not only leads to variations in application, but also often obscures the legal certainty desired by a regulation. The author conducts this research using empirical juridical research method which is a legal research method that uses empirical facts taken directly from the object of research in this case including the Community, University, and Islamic Shari'at Office of Aceh Province either by conducting interviews or direct observation. and with conceptual and statutory approaches using normative juridical methods. The data source used is data obtained indirectly through literature study. The legal materials obtained are then analyzed using descriptive-qualitative analysis to obtain conclusions that can be scientifically accounted for. Keywords: Law, Enforcement, Aceh.
Hak Perempuan Dalam Memilih Calon Suami Ditinjau dari Perspektif Madzhab Syafi’i dan Madzhab Maliki Nst, Heriansah; Arsyita, Juni Fatimah; Tanjung, M Aldi; Samzidane, M Herry; Zaitun, M.; Fazyra, Putri Syifa
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 5 No. 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v5i3.305

Abstract

The problem raised in this research is to give freedom to women in choosing a future husband. In general, this can be put forward in the thinking of people whose relationships are still traditional, marriage is suggested as a necessity for every human being who has a desire for this because of encouragement from the closest person or is part of the inheritance of social traditions. This article also aims to find out the views of several Maliki and Syafi'i schools regarding women's freedom in choosing a husband-to-be. The choice of a husband-to-be is part of a woman's rights absolutely or there is interference from her parents. Because the incidents of arranged marriages and the practice of forced marriages by parents are still often encountered in everyday life in Indonesian society. The Syafi'i and Maliki schools have different opinions regarding women's freedom in choosing a husband. In the Syafi'i school, it is argued that for immature girls, a father, in this case, according to him, may interfere in choosing a future husband even without his permission, and for women who are married and then divorced (widows), according to him, there must be clear approval from concerned. Meanwhile, according to the Maliki school of thought, he argued that women are obliged to marry prospective husbands who are willing and have religion and good behavior, otherwise it will make a person a maker of slander and violence on earth. piety and piety Key Words : Women, Freedom To Choice Husbands, Parents, Madzhab Syafi’I And Madzhab Maliki
Analisis Yuridis PERPPU Cipta Kerja No.2 Tahun 2022 Besaran Pesangon Pasca PHK Harahap, Arifuddin Muda; Sofianti, Adella Iragil; Bangun, Ibnu Fauzi; Aryanti, Cindy; Kesuma, Diva Ariza; Rizky, Fauzi Masfa; Haekal, M.Fikri; Rafly, M.; Indira, Safira Prima
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 5 No. 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v5i3.306

Abstract

One of the problems for workers in Indonesia is termination of employment (PHK) between workers and employers, in 2020 the government issued Law No. 11 of 2020 concerning work copyright or the omnibus law getting pros and cons from society, of course there are also many people disagree about this work copyright law. Then in 2022 the Government has also officially promulgated Law Number 2 of 2022 Concerning Job Creation which in outline has revised this omnibus law, at least covering 11 sections that have regulated strategic policies, including one of them related employment. This research wants to discuss the comparison of severance pay for employees who have been laid off according to Law no. 2 of 2022 regarding the copyright of this work. The method used in conducting research in this scientific journal is the normative legal method.In Law no. 2 of 2022 regarding this work copyright, workers whose contracts are terminated with less than a year's work period will receive severance pay of 1 month's wages. Those whose duration of work is more than a year, but when it is less than two years will receive 2 months' wages and so on. In addition to severance pay, this Law also regulates the provision of reward money for years of service for employees who have been laid off for working for 3 years or more but less than 6 years, 2 months of wages, at working period of 6 years or more but less than 9 years, 3 months wages and so on. Keywords: employment, layoffs, severance pay
Konsep Kafa’ah Dalam Hukum Islam dan Urgensinya terhadap Keutuhan Rumah Tangga Sakinah Menurut Pandangan Wahbah Az-Zuhaili Anas, Sahrun; Sutisna, Sutisna; Hambari, Hambari
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 5 No. 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v5i3.307

Abstract

Kafaah in marriage is one of the factors that encourage the creation of happiness and more guarantees women's safety from husband and wife failure and more guarantees women's safety from failure or household turmoil. Based on the research results, first Jumhur ulama' explained that the concept of kafa'ah is not evaluated in terms of religion alone, but in Islamic Law, kafa'ah is measured from religious matters. The Compilation of Islamic Law (KHI) in determining the kafa'ah of marriage is more judgmental in terms of religion. Prevention of marriage can be done in certain matters that are discussed through KHI Article 60 Paragraph, second, that is prevention of marriage can be done if the prospective husband or prospective wife does not meet the requirements of marriage according to the law and Islamic law, because one of the content of the conditions of marriage is both couples are said to be valid when done in accordance with the laws of their respective religions. Third, the concept of kafa'ah of Wahbah Az-Zuhaili's view is in line with Imam Malik's opinion, which considers equality only in religion and conditions. The meaning of this condition is to be safe from the shame that makes a woman choose a candidate when she wants to get married. Wahbah Az-Zuhaili analyzed it in accordance with daily life in the community, 3) things that can affect the occurrence of harmony in the household, namely between husband and wife having compatibility. Harmony and happiness in a household is determined by the harmony of the couple. Keywords: Kafa'ah, Islamic Law, Urgency, Household Integrity, Wahbah Az-Zuhaili
Penolakan Umat terhadap Risalah Kenabian dan Relevansinya dengan Penolakan Reformasi Hukum Keluarga di  Mesir Muhammad Hadyan Wicaksana; Ahmad Rezy Meidina
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.334

Abstract

This paper discusses the prophetic treatises carried out by the people in relation to changes in family law reform in Egypt. The culture that has been passed down from generation to generation since the time of the ancestors will take root in the heart, so that the embedded doctrine is difficult to remove, so it takes a harder effort to accept the changing times. This research includes a literature study (Library Research), which is descriptive-analytical, using a historical-sociological approach. The rejection that occurs in the prophetic treatise is the same as the legal changes made by the Egyptian government, the similarities between the two are that they do not want to accept changes that occur in society, still hold on to the old culture adopted by their ancestors and still hold onto the animation culture. The basic reason for not accepting the change is because of the lack of understanding of what it will bring and the absence of an open mind (open thinking) by accepting input which is then discussed. Keywords: Prophetic Tracts, Reform of Family Law, Egypt
Pembagian Harta Waris terhadap Anak Angkat Perspektif Maqāşid Syarī’ah Falah Nabilah; Ahmad Rezy Meidina
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.337

Abstract

Adopted children cannot return the assets of their adoptive parents and only have rights through a mandatory will, the amount of which cannot be more than 1/3 of the assets left by their adoptive parents as stated in Article 209 paragraph (2) KHI. The fact that happened in the Bobosan sub-district there were 3 (three) cases of inheritance distribution for adopted children who received the entire adoptive parent's inheritance. This paper attempts to explain the distribution of the inheritance of adopted children that occurred in the Bobosan sub-district, Banyumas Regency from the perspective of Maqāşid Syarī'ah. This type of research is field research using an empirical juridical approach. The data source used is from primary data sources in the field by conducting in-depth interviews with the informants studied. The method used in qualitative analysis, namely describing, interpreting and hiding research data. Based on the results of the study, it can be interpreted that the division of inheritance that occurs is the need for Ḍaruriyat adopted children who live dependently living in their parents' house and continue the business of their adoptive parents. So that the family and the surrounding community consider the adopted child to be the full successor of the assets and efforts of the adoptive parents in order to prioritize the benefit of the adopted child. Keywords: Inheritance, Adopted Children
Regulasi Poligami Dalam Pendekatan Maqashid As-Syari’ah Ach Syaifur Rizal; Samsul Arifin; Ahmad Rezy Meidina
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.338

Abstract

Islamic Islamic law aims to organize human life better so that every law that is prescribed must have a purpose. Therefore, the existence of marriage law must have a purpose. From several meanings of marriage, marriage has a very noble purpose, namely to form a sakinah mawaddah warahmah family. However, this noble purpose of marriage is widely misunderstood for those who want to practice polygamy. Polygamy is interpreted only as a biological distribution of sex, meaning that it only fulfills sexual needs. Whereas the purpose of polygamy is to maintain and elevate the status of a woman by looking at the large number of women who are not comparable to men. From some people who abuse polygamy, whether they understand the concept of polygamy or not, we are still trying to give them an understanding of the good concept of polygamy so that women are not used as a layer for their desires to channel their biology. We are here to focus on how the concept of polygamy according to classical and contemporary ulama', where the results of their thoughts are implied in the form of a law known as the marriage law in Indonesia. And to increase the data, we use quantitative data here by comparing the thoughts between classical scholars and contemporary scholars about the concept of polygamy. in the concept of polygamy which delivers to families who are sakinah mawaddah warhamah. Keywords: Marriage, Polygamy and Maqashid As-Shari'ah

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