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DIRASAH: Jurnal Kajian Islam
Published by Litera Academica Publishing
ISSN : -     EISSN : 30634520     DOI : -
Core Subject : Religion,
Religion
DIRASAH: Jurnal Kajian Islam is a scholarly journal published by Litera Academica Publishing, under the Yayasan Amal Ibnu Shabil (Based on Akte Pendirian Yayasan No. 08, January 22, 2022), aimed at disseminating research findings and scientific studies in various fields of Islamic sciences. The journal prioritizes the quality and originality of articles that contribute to the development of Islamic studies, both in terms of theory, methodology, and application. DIRASAH: Jurnal Kajian Islam accepts articles from academics, researchers, and practitioners who are competent in their fields. Each submitted article undergoes a rigorous review process by experts to ensure the quality and relevance of the publication. DIRASAH: Jurnal Kajian Islam is published four times a year (January, April, July, and October) and is available online through the Open Journal System (OJS), facilitating wide access and distribution. The article will be published in Bahasa Indonesia and English. We invite researchers and academics to contribute and disseminate knowledge through this journal for the advancement of Islamic studies and the enlightenment of the community. Authors who want to submit their manuscript to the editorial office of DIRASAH: Jurnal Kajian Islam should obey the writing guidelines. If the manuscript submitted is not appropriate with the guidelines or written in a different format, it will be rejected by the editors before further reviewed. The editors will only accept the manuscripts which meet the assigned format.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 39 Documents
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Nikah Sirri dalam Perspektif Hukum Islam, Pancasila, dan Hukum Konstitusi: Menjaga Keadilan Sosial dan Perlindungan Hak Asasi: Sirri Marriage from the Perspective of Islamic Law, Pancasila and Constitutional Law: Maintaining Social Justice and Protection of Human Rights Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Nabila Nur Aisha; Galuh Sri Lestari; Nur Aulya Rahmah
DIRASAH: Jurnal Kajian Islam Vol 1 No 2 (2024): DIRASAH: Jurnal Kajian Islam
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Abstract

The phenomenon of unregistered marriage, or nikah siri, conducted without official state registration, presents challenges in legal and social aspects, particularly regarding inheritance rights, legal protection for wives and children, and equality of rights. This study aims to analyze the perspectives of Islamic law, Pancasila values, and Indonesian constitutional law on unregistered marriages in Indonesia. This research uses normative and conceptual legal approaches, with primary data consisting of relevant laws and secondary data from literature addressing the legal and social dimensions of nikah siri. The results indicate that, from the perspective of Pancasila and the constitution, nikah siri does not align with the principles of social justice and human rights. From the perspective of Islamic law, the importance of marriage registration is also consistent with the objectives of maqasid sharia, which aims to protect family rights. This study recommends educational programs and policy reforms on marriage registration as steps to enhance legal protection and promote social justice within society.
Poliandri dalam Perspektif Pancasila dan Hukum Islam: Kajian Konstitusional dan Nilai-Nilai Kebangsaan: Polyandry in the Perspective of Pancasila and Islamic Law: Constitutional Studies and National Values Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Marsha Cahya Shakilla; Nur Amalina; Aini Zulaika; Isna Maziyah Agustin
DIRASAH: Jurnal Kajian Islam Vol 1 No 2 (2024): DIRASAH: Jurnal Kajian Islam
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The phenomenon of polyandry in Indonesia has given rise to debate regarding individual rights and freedom in choosing a partner, which has begun to be advocated by some community groups in the context of human rights. However, this practice is not recognized in Indonesian positive law and is considered inconsistent with the values ​​of Pancasila, especially the principles of "Belief in One Almighty God" and "Just and Civilized Humanity." This research aims to analyze the compatibility of polyandry practices with the principles of Pancasila and Indonesian positive law and consider the Islamic perspective as a strong moral foundation in society. Using a juridical-normative approach, this research examines the relationship between social development and family law regulations in Indonesia. The results of the research show that although polyandry is considered an individual right, this practice is contrary to Islamic teachings and Pancasila values, indicating the need to strengthen the role of education and review the Marriage Law so that it is more responsive to social dynamics, but still adheres to existing values. underlies the Indonesian nation.
Konflik Hukum, Agama, dan Pancasila dalam Kasus Perkawinan Beda Agama di Indonesia: Conflicts between Law, Religion and Pancasila in the Case of Interfaith Marriages in Indonesia Ahmad Muhammad Mustain Nasoha; Mutiara Hayatunnufus; Devinta Syahwa Novalinda; Yuli Agita Sari
DIRASAH: Jurnal Kajian Islam Vol 1 No 2 (2024): DIRASAH: Jurnal Kajian Islam
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Interfaith marriage from an Islamic perspective is a complex topic that often sparks various debates among scholars and in social practice. In Islamic teachings, marriage is a sacred institution strictly regulated by Sharia law. Generally, in Islam, marriage between a Muslim and a non-Muslim (in this case, a non-Muslim who is not from the People of the Book, such as Christians and Jews) is considered invalid. This study aims to identify the discrepancy between the Marriage Law, which requires religious uniformity in marriage, and the principle of religious freedom as outlined in the first principle of Pancasila. Additionally, the study seeks to explore the legal and social impacts of this conflict on interfaith couples and society at large, as well as to propose inclusive, Pancasila-oriented solutions. This study uses a qualitative method with a case study approach to analyze the legal and Pancasila-related conflicts in cases of interfaith marriage in Indonesia. The results show that the conflict between marriage law and Pancasila values in interfaith marriage cases in Indonesia reflects a misalignment between existing legal provisions and the principle of religious freedom. This conflict has significant legal and social impacts on interfaith couples and society. Proposed solutions include regulatory revisions, education on religious tolerance, mediation, and strengthened human rights protections. It is hoped that this comprehensive and inclusive approach will help create a legal system that respects religious freedom and aligns with Pancasila values.
Poligami dan Kesetaraan Gender: Perspektif Pancasila dan Kajian Islam serta Implikasi Konstitusi: Polygamy and Gender Equality: Pancasila Perspectives and Islamic Studies and Constitutional Implications Ahmad Muhammad Mustain Nasoha; Insannia Azzura Amananta; Melati Fajar Setiowati; Sabrina istigfara, Airin
DIRASAH: Jurnal Kajian Islam Vol 2 No 1 (2025): DIRASAH: Jurnal Kajian Islam
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This research aims to understand the relationship between the practice of polygamy and gender equality from the perspective of Pancasila, the constitution and Islamic teachings. This research uses a qualitative method with a case study approach. The research results show that the practice of polygamy, from the perspective of Pancasila, the Indonesian constitution and Islamic teachings, faces challenges in achieving the principles of justice and gender equality guaranteed by the state. Islam permits polygamy with strict conditions to ensure justice, but implementing this principle in practice often experiences difficulties and has significant social impacts. Therefore, more gender-sensitive legal reform is needed to protect women's rights and achieve gender equality in accordance with the principles of Pancasila and the values ​​of justice in Islam.
Perspektif Pancasila dalam Harmonisasi Hukum Islam dan Hukum Nasional: Pancasila Perspective in Harmonizing Islamic Law and National Law Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Iccha Pawesti Binardo; Revalina Putriyana Faza; Desta Atikasari
DIRASAH: Jurnal Kajian Islam Vol 2 No 1 (2025): DIRASAH: Jurnal Kajian Islam
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This study aims to explore and analyze harmonization between Islamic law and national law in the perspective of Pancasila. As a country with the majority of Muslims and the secular constitution based on Pancasila, Indonesia faces unique challenges in integrating the values of Islamic law with the principles of national law. Qualitative approach to the descriptive method is used in this study to understand how these two legal systems can be demonized by considering the values contained in Pancasila, such as humanity, unity, and social justice. Research data was obtained through in-depth interviews with legal, ulama, and practitioners, as well as through literature studies on books, journals, and official documents. The results show that while there is a fundamental difference between Islamic law that is normative-ematic and secular national law, Pancasila values can serve as a strong foundation for achieving harmonization. An inclusive and dialogue-based approach between stakeholders is needed to tackle legal conflict that may arise and ensure that the resulting national legal system remains fair and reflects the diversity of Indonesian society. The proposed recommendations include an increase in dialogue between stakeholders, the clearer legal regulatory reform, Pancasila-based legal education and training, as well as increasing public awareness of the importance of harmonization laws. With these measures, it is hoped that the harmonization of Islamic law and national law in the perspective of Pancasila can be realized effectively, strengthen social justice, and maintaining the unity of the nation in the framework of an inclusive legal state.
Pancasila dan Harmonisasi Hukum Islam dalam Konteks Perkawinan: Pancasila and Harmonization of Islamic Law in the Context of Marriage Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Syihaabuddiin 'Askar; Mohammad Omar Hanif; Muhammad Fadli Bahtiar
DIRASAH: Jurnal Kajian Islam Vol 2 No 1 (2025): DIRASAH: Jurnal Kajian Islam
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Abstract

Pancasila, as Indonesia’s state ideology, serves as a guiding principle in regulating various aspects of life, including marriage law. Marriage, as both a social and religious institution, carries complex legal dimensions, particularly for Muslims where Islamic law holds significant influence. However, as a Pancasila-based state that values diversity, marriage regulations must reflect principles of justice, unity, and human rights while accommodating religious law. This article aims to analyze how Pancasila principles contribute to harmonizing Islamic law with national law in Indonesia’s marriage context. Using normative and socio-legal approaches, this study examines the Marriage Law No. 1 of 1974 and the Compilation of Islamic Law (KHI). Findings highlight that Pancasila’s principles of deliberation and social justice provide a foundation for integrating religious and national values. This harmonization ensures that marriage regulations not only align with Islamic legal principles but also uphold democratic values and constitutional rights. The article also emphasizes the need for inclusive policymaking to sustain religious values in a pluralistic society. This study aims to foster a deeper understanding of Pancasila’s role in reconciling Islamic law with national legal frameworks and its implications for developing fair and harmonious regulations. Such legal harmonization not only promotes social justice but also strengthens national unity within the framework of peaceful religious coexistence.
Wali Nikah dalam Perspektif Pancasila dan Hukum Islam: Konflik dan Konvergensi: Marriage Guardians in the Perspective of Pancasila and Islamic Law: Conflict and Convergence Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Habib Zuhud Siswoyo; Muhammad Nurhidayat; Muhammad Bagus Wijayakusuma
DIRASAH: Jurnal Kajian Islam Vol 2 No 1 (2025): DIRASAH: Jurnal Kajian Islam
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The study of marriage guardians in Islamic law and Pancasila in Indonesia is particularly relevant, given that the majority of Indonesia's population is Muslim and Pancasila is the basis of the state. In Islamic law, the marriage guardian - usually a father or male relative - plays an important role as a condition of a valid marriage, with validity dependent on the guardian's consent as a protector of women's rights. In contrast, Pancasila emphasizes social justice and gender equality, which raises the question of how the role of the marriage guardian can be harmonized with the principles of Pancasila. This research uses a normative juridical approach and comparative law method to analyze the regulation of marriage guardians in Islamic law and the influence of Pancasila on its application in national law, including in Law No. 1 of 1974 and the MUI fatwa. Case studies of marriages in Indonesia show conflicts between the authority of the guardian and the will of the woman, but also attempts at legal convergence for a more equitable solution. The research concludes that the integration of Islamic legal principles and Pancasila requires a comprehensive approach, considering Indonesia's plural social and cultural context. The results of this research are expected to assist in the development of marriage law that is inclusive and responsive to the dynamics of society.
Membangkitkan Kembali Fitrah Keayahan dalam Perspektif Islam: Jalan Efektif Mencegah Perselingkuhan: Reawakening Fatherhood in Islamic Perspectice: An Effective Way to Prevent Infidelity Azwar, Azwar
DIRASAH: Jurnal Kajian Islam Vol 2 No 1 (2025): DIRASAH: Jurnal Kajian Islam
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Infidelity in marriage is a serious issue that can damage family harmony and negatively impact the well-being of individuals and society. This study aims to analyze the causes behind the increasing cases of infidelity in Indonesia, as well as the role of fatherhood in preventing it. The research employs a literature review method with a qualitative descriptive approach, covering psychological, sociological, and religious theories regarding family and the role of fathers. The findings of this study indicate that infidelity is often triggered by poor communication within the household, an inability to fulfill the role of a husband, and the influence of social media, which opens opportunities for relationships outside of marriage. The concept of fatherhood, emphasizing the father’s role as a leader, protector, and educator within the family, proves to strengthen family structure and prevent infidelity. This research recommends the strengthening of family education, fostering the role of fathers, and closer supervision of technology use in marital relationships. The findings have important implications for educational institutions, society, and the government in developing programs that can reinforce family values and reduce the incidence of infidelity.
Interpretasi dan Implementasi Hak dan Kewajiban Suami Istri dalam Hukum Islam di Masyarakat Patriarkal: Studi Kualitatif di Indonesia: Interpretation and Implementation of Husband and Wife Rights and Obligations in Islamic Law in Patriarchal Society: A Qualitative Study in Indonesia Muhamat Mubin; Nirwana, Andi; Azizah, Alfiyatul; Nurrohim, Ahmad; Dahliana, Yeti; Burhanudin Al-Ghoni
DIRASAH: Jurnal Kajian Islam Vol 2 No 1 (2025): DIRASAH: Jurnal Kajian Islam
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This study examines the interpretation and implementation of the rights and obligations of husband and wife in Islamic law in Indonesian patriarchal society. This study uses a qualitative approach with a literature study method to analyze how Islamic law is interpreted and implemented in the context of patriarchal culture. The findings of the study suggest that patriarchal culture often leads to imbalances in the exercise of the rights and obligations of husband and wife, with husbands tending to have a dominant role in decision-making. In contrast, wives are more involved in domestic work and childcare. This research emphasizes the importance of increasing awareness and understanding of the rights and obligations of husband and wife in Islamic law, as well as reducing the influence of a patriarchal culture that is not by the principles of justice and balance in Islam. The results of this study are expected to provide insights and recommendations to improve balance and justice in marital relations in Muslim communities.
Kajian Al-Qur’an Pendekatan Sosiologis: Lingkungan dan Kewajiban Manusia dalam Al-Qur’an: Qur'an Studies Sociological Approach: Environment and Human Obligations in the Qur'an Burhanudin Al-Ghoni; Satria Putra, Dede; Fathurohman, Wahid; Kamal, Iflahul; Faiq Al Ghifari, Muhammad; Nurrohim, Ahmad
DIRASAH: Jurnal Kajian Islam Vol 2 No 1 (2025): DIRASAH: Jurnal Kajian Islam
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This research elaborates on the Islamic view of human interaction with the environment based on Qur'anic verses related to human duties and functions. This issue is vital amid accusations that religion and human perspective are one of the roots of various ecological crises. The research method used is a descriptive qualitative method. By describing verses that discuss human functions and duties and verses related to the environment, this study shows that Islam comprehensively views the relationship between humans and the environment. The results of the survey show that Islam views humans and nature as an interdependent unit, with the obligation to maintain balance as a manifestation of the faith of a servant as 'Abdullah and the caliph on earth.

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