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Asep Ubaidillah
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Qonuni: Jurnal Hukum dan Pengkajian Islam
Published by Institut PTIQ Jakarta
ISSN : 2963217X     EISSN : 27980456     DOI : https://doi.org/10.59833/qonuni
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Qonuni: Jurnal Hukum dan Pengkajian Islam focuses on Islamic law and presents developments through the publication of articles and research reports. Scope Qonuni: Jurnal Hukum dan Pengkajian Islam specializes in Islamic law and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines. • Islamic Family law • Islamic criminal law • Islamic economy law • Islamic constitutional law • Islamic law and gender • Islamic law and society • Islamic law and politics
Arjuna Subject : Ilmu Sosial - Hukum
Articles 72 Documents
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Pembatalan Pernikahan Akibat Penipuan Identitas Poligami Yusuf, Helmi
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 3 No. 01 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Asy Syahsiyah, Fakultas Syariah dan Hukum, Universitas PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/hkm78d64

Abstract

This research examines cases of marriage annulment due to polygamous identity fraud in the Religious Court of Bandung. The study aims to analyze the considerations and legal basis of the Bandung Religious Court in deciding first-instance, appellate, and cassation cases related to the annulment of marriages due to polygamous identity fraud. The research method used is document analysis based on court decisions related to such cases. The data analyzed include the judges' considerations, legal foundations, and factors influencing the court's decisions. The findings reveal that the Bandung Religious Court considers aspects such as the validity of the marriage, the domicile of the parties involved, witness testimonies, and the timing of the annulment request. The legal basis referred to includes Article 73 letter d of the Compilation of Islamic Law and Article 27 paragraph 3 of Law No. 1 of 1974. On the other hand, the appellate and Supreme Courts consider the presence of mediators and the social implications of marriage annulment.
Persepsi Dosen Universitas PTIQ Jakarta terhadap Poligami Yasin, Dzulfatah
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 3 No. 01 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Asy Syahsiyah, Fakultas Syariah dan Hukum, Universitas PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/s9xbm666

Abstract

This research aims to analyze the views of students from the College of Quranic Sciences (PTIQ) in Jakarta regarding polygamy in the context of religion and culture in Indonesia. The study adopts a qualitative approach by conducting a literature review and interviews with students from the mentioned college. The analysis reveals two dominant perspectives, those who support and those who reject polygamy. Some students perceive polygamy as a legitimate option within the teachings of Islam and specific contexts, while others reject it on the grounds of gender equality and the protection of women's rights. Moreover, the understanding of polygamy is also influenced by cultural factors, social environments, and personal experiences of the students. This research contributes to the existing literature on the views towards polygamy in Indonesia and aligns with previous studies that show how social, cultural, and religious factors influence perspectives on polygamy. In conclusion, students from the College of Quranic Sciences (PTIQ) in Jakarta hold complex views on polygamy within the framework of religion and culture in Indonesia. In addressing such a sensitive issue, a holistic approach is necessary to comprehend the factors influencing attitudes and perspectives towards polygamy. The findings of this research are expected to provide new insights and a deeper understanding of the dynamics of views on polygamy, serving as a foundation for further discussions within the realms of religion, culture, and society in Indonesia.
Uang Panai di Maros: Perspektif Hukum Adat dan Fiqih Sholeh, Muhammad
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 3 No. 01 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Asy Syahsiyah, Fakultas Syariah dan Hukum, Universitas PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/y3xx5783

Abstract

This research aims to analyze the views of students from the College of Quranic Sciences (PTIQ) in Jakarta regarding polygamy in the context of religion and culture in Indonesia. The study adopts a qualitative approach by conducting a literature review and interviews with students from the mentioned college. The analysis reveals two dominant perspectives, those who support and those who reject polygamy. Some students perceive polygamy as a legitimate option within the teachings of Islam and specific contexts, while others reject it on the grounds of gender equality and the protection of women's rights. Moreover, the understanding of polygamy is also influenced by cultural factors, social environments, and personal experiences of the students. This research contributes to the existing literature on the views towards polygamy in Indonesia and aligns with previous studies that show how social, cultural, and religious factors influence perspectives on polygamy. In conclusion, students from the College of Quranic Sciences (PTIQ) in Jakarta hold complex views on polygamy within the framework of religion and culture in Indonesia. In addressing such a sensitive issue, a holistic approach is necessary to comprehend the factors influencing attitudes and perspectives towards polygamy. The findings of this research are expected to provide new insights and a deeper understanding of the dynamics of views on polygamy, serving as a foundation for further discussions within the realms of religion, culture, and society in Indonesia.
Partisipasi Perempuan dalam Pemilu 2024: Komparasi Perspektif Hukum Keluarga Islam dan Feminisme Yusuf, Helmi
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 3 No. 02 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Asy Syahsiyah, Fakultas Syariah dan Hukum, Universitas PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/rdd9f140

Abstract

This research examines women's participation in the 2024 General Election by comparing the perspectives of Islamic family law and feminist theory. In the context of the 2024 General Election, women still face various obstacles hindering their participation in the political process. This study utilizes library research methods to gather and analyze relevant literature from various sources. Findings from previous research indicate that women's representation in parliament remains low, with cultural factors, religious stigma, and political structures being major barriers. However, affirmative action policies have successfully increased the number of women in parliament. The research also reveals that Islamic family law plays a significant role in shaping women's participation through aspects such as marriage, inheritance, and roles within the family. On the other hand, feminist theory provides insights into the importance of gender equality in political participation and critiques gender bias in social, cultural, and legal structures. By integrating perspectives from Islamic family law and feminist theory, this research aims to identify gaps in understanding related to women's participation in the 2024 General Election and design holistic solutions to enhance women's participation in the political process in Indonesia.
Resolusi Konflik Keluarga Perspektif Teori Murray Bowen dan Jay Halley: Studi Kasus Masyarakat Sumatera Utara dengan adat “Dalian Na Tolu” Sholeh, Muhammad
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 3 No. 02 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Asy Syahsiyah, Fakultas Syariah dan Hukum, Universitas PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/vj3pa036

Abstract

This study investigates the understanding of Islamic family law in urban communities in North Sumatra, focusing on the areas of Medan and its surroundings, Mandailing Natal, Padangsidimpuan, Sibolga, and Tarutung. A qualitative approach was used to gain an in- depth understanding of how factors such as education level, local culture, access to information, and religious influence affect this understanding. The results show variations in the understanding of Islamic family law in these areas, with a stronger understanding observed in Mandailing Natal, followed by Padangsidimpuan, Sibolga, and Tarutung. Factors such as active religious institutions and strong local cultures play a significant role in shaping people's understanding of Islamic family law. Case studies highlight several family conflict issues that often arise. The study also relates findings to the theories of Murray Bowen and Jay Halley, illustrating how the concept of "Dalian Na Tolu" in Batak Toba and Mandailing cultures can be an important instrument in resolving family conflicts. The implications and recommendations of this study emphasize the importance of education, access to information, the role of religious leaders, and government policies in improving understanding and resolving family conflicts based on Islamic law in urban communities in North Sumatra.
Pemahaman Masa Iddah Setelah Perceraian Pada Masyarakat Muslim Indonesia Yasin, Dzulfatah
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 3 No. 02 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Asy Syahsiyah, Fakultas Syariah dan Hukum, Universitas PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/3bhkfn38

Abstract

This research examines the scholarly debates surrounding the iddah period in the context of Islamic law in Indonesia. The focus of this research is on a comparative study of the diverse understandings of iddah among various schools of thought and scholars in Indonesia. The research approach used is document analysis, utilizing various primary sources such as classical Islamic texts and scholars' fatwas. A comparative approach is employed to compare the views of scholars from different schools of thought, such as the Shafi'i, Hanafi, Maliki, and Hambali schools. The results show that there are significant differences of opinion among scholars regarding various aspects of the iddah period, including its duration, the ruling for women who are pregnant when widowed, and the regulation of iddah for divorced women. These debates reflect the diversity of views and interpretations among Indonesian scholars, influenced by factors such as cultural context, local traditions, and interpretations of religious texts. The implications of this research highlight the importance of understanding local contexts in interpreting Islamic law, as well as the need for dialogue among scholars to achieve a more comprehensive and inclusive understanding of Islamic legal issues. Recommendations for further research include conducting more in-depth studies on Indonesian scholars' thoughts on the iddah period and comparative studies with other countries to enrich the discourse of Islamic scholarship in Indonesia and internationally.
Perjanjian Pra-Nikah Perspektif Islam: Studi Fenomenologi di Era Society 5.0 Sofyan, Aa
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 3 No. 02 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Asy Syahsiyah, Fakultas Syariah dan Hukum, Universitas PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/fwp3cs32

Abstract

This article examines the urgency of prenuptial agreements in the context of Society 5.0,characterized by digital transformation and technological integration. Prenuptialagreements are seen as an important instrument for regulating marital relationships fairlyand transparently, in line with modern values such as gender equality and justice. In theSociety 5.0 era, prenuptial agreements can be utilized efficiently and easily accessed. Thestudy also identifies the potential negative impacts of prenuptial agreements, includingpower imbalances between partners, reduced fairness in the division of joint assets,difficulties in revoking agreements, potential tension in marital relationships, and negativeimpacts on children, highlighting the need for a balance between the benefits and risks ofprenuptial agreements in the context of an increasingly complex and diverse modernsociety. This research employs a qualitative approach with data analysis involving literaturereviews and case studies. The findings of this article suggest that prenuptial agreements inthe Society 5.0 era can serve as a basis for wiser policies in regulating marital relationshipsin the future.
Poligami di Indonesia: Analisis Praktik Hukum Keluarga Islam Iswandi, Andi
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 3 No. 02 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Asy Syahsiyah, Fakultas Syariah dan Hukum, Universitas PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/qedf3975

Abstract

This study aims to analyze the Islamic family law practices related to polygamy in the social, cultural, and legal context of Indonesia. The research method used is literature analysis and case studies to understand the implementation of polygamous practices and their impact on individuals, families, and society. The results show that polygamy in Islamic family law has complex implications. Although allowed in Islam, polygamy often causes controversy and conflict in contemporary society. The negative impacts of polygamous practices include injustice towards women and children, tension in family relationships, and complexity in inheritance arrangements and parental responsibilities. However, some views see polygamy as a solution to specific social problems, such as gender balance and protection for women without partners, as indicated by BPS data showing fewer men compared to women aged 60 and above, suggesting that men who wish to practice polygamy should marry older women. The analysis of Islamic family law practices related to polygamy emphasizes the need for a balance between understanding religious teachings, universal humanitarian values, and local socio-cultural contexts. This research underscores the importance of regulating polygamous practices within a fair legal framework that protects the rights of all parties involved to minimize negative impacts and maximize the social benefits of such practices.
Untung Rugi Perjanjian Pra-Nikah : Analisis Yuridis Islam Dan Hukum Positif Ubaidillah, Asep
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 3 No. 02 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Asy Syahsiyah, Fakultas Syariah dan Hukum, Universitas PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/gbxye596

Abstract

his study aims to analyze the views of Islamic scholars on prenuptial agreements in the perspective of Islamic jurisprudence (fiqh) in Indonesia. The research method used is document analysis of relevant fatwas from various sources, such as official websites of fatwa institutions, fiqh books, and scholarly articles discussing prenuptial agreements. The study shows that Islamic scholars do not oppose prenuptial agreements with certain conditions; in fact, they view it as a way to prevent conflicts by clearly defining the rights and obligations of couples. Although permitted in Islam, agreements must be made in good faith and in accordance with religious values and principles of justice. This study enriches the understanding of the practice of prenuptial agreements in Islam and its relevance in Indonesian Muslim society. The findings are expected to guide the government, prospective couples, and researchers in developing policies and further research related to modern marriage in Indonesia.
Hadis Al-Rada’ah Al-Kabir: Susuan bagi Orang Dewasa dalam Perspektif Hadis Ibtissam Han, Muhamad; Ubaidillah, Asep
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 2 No. 02 (2022): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Asy Syahsiyah, Fakultas Syariah dan Hukum, Universitas PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/m43mz785

Abstract

This paper will explain how the concept of breastfeeding for adults in the perspective of hadith. Al-Rada'ah according to Syara, namely the process of sucking putting at around two years of age in small children has reached human milk in his stomach. However, there are two traditions narrated by Muslims and also Ibn Majah who explained that at one time the Messenger of Allah had ordered a woman to breastfeed an adult male. This happened because the woman had previously complained of a man going back and forth in and out of his house without restrictions and was worried something might happen. And the command of the Prophet was done so that the adult male becomes a mahram to the woman, namely mahram radla’ah. However, both traditions are considered to be in much contradiction with the propositions of the Qur'an and other traditions and the opinions of the majority of the scholars. Therefore this paper tries to trace the quality of the validity of the two traditions and to explore the opinions of the scholars on the matter. From these searches found a conclusion that in terms of sanad, the hadith continued to the Prophet. However, in terms of matan, these traditions contradict many verses of the Qur'an, other traditions and the opinions of the majority of the scholars even though there are also some scholars who argue that there is no problem with the sighting of the two traditions. But in the end the scholars believe that the hadith is true, but it is a tradition that is specific to the case that occurs in the traditions of the blissous or can be spelled out as relief given by the Messenger of Allah to that person and objection to others both those who lived during the time of the Prophet and those who live afterwards until now.

Page 6 of 8 | Total Record : 72

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