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At-Tahdzib: Jurnal Studi Islam dan Muamalah
Published by STAI At-Tahdzib
ISSN : 20897723     EISSN : 25031929     DOI : 10.61181
Core Subject : Religion, Economy, Education, Social,
Religion Economics, Econometrics & Finance Education Social Sciences
At-Tahdzib: Jurnal Studi Islam dan Muamalah is an academic journal that focuses (not limited) on in-depth studies on Islamic studies and muamalah (economic and social aspects of Islam). This journal aims to facilitate scientific discussion and dissemination of knowledge in the field of Islamic religious sciences and the application of sharia principles in economic and social life. Improve understanding of Islamic theory and practice in a modern context. Encourage high-quality research in the field of Islamic studies and muamalah. Provide a platform for academics, researchers, and practitioners to share knowledge and experiences. At-Tahdzib: Jurnal Studi Islam dan Muamalah covers various aspects of Islamic studies, including history, tafsir, hadith, fiqh, and contemporary Islamic theories. Research examining the development of Islamic thought and its application in modern society is also a major concern. Articles discussing the principles of Islamic economics, trade law, sharia financial management, and business ethics in an Islamic context. This includes studies on sharia-compliant economic practices as well as challenges and innovations in this field. At-Tahdzib: Jurnal Studi Islam dan Muamalah publishes articles in English. The article acceptance process is carried out through peer-review to ensure high quality and scientific contribution. Published since 2013 every March and September by the Institute for Research, Development and Community Service (LP3M) of the Sekolah Tinggi Agama Islam At-Tahdzib Rejoagung, Ngoro, Jombang, East Java, Indonesia. For more information about the latest edition, author guidelines, or access to articles, contact the editorial team via the email listed
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
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Search results for , issue "Vol 12 No 1 (2024): At-Tahdzib" : 10 Documents clear
PERKAWINAN BEDA AGAMA DALAM UNDANG-UNDANG PERKAWINAN DAN HAK ASASI MANUSIA Syahputra, Ali
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 1 (2024): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v12i1.327

Abstract

Background. This research is motivated by differences in understanding studying the Marriage Law and Human Rights in interfaith marriages so there is an unfinished debate, this is because religious teachings do not allow interfaith marriages. As we know that in Indonesia many interfaith marriages are practiced in various ways, such as holding weddings abroad, submitting to the religion of one of the partners, court decisions, and marriages under the umbrella of non-governmental organizations. These are the efforts to legalize interfaith marriages. Aim. The refore the author is interested in studying how interfaith marriages are in Marriage Law and Human Rights. Methods. The method used in this research is library research. Regarding reading dissertations and journals that explain interfaith marriages using a descriptive approach. Results. The results of this study are that the Marriage Law and Human Rights in interfaith marriages are interconnected, where Human Rights return to the Marriage Law and the Marriage Law returns to the teachings of their respective religions. Indonesia uses the Margin of Appreciation theory in which each country has the right to determine its laws without having to follow or be based on the Universal Declaration of Human Rights (UHDR). With the existence of a margin of appreciation, each individual has different rights from the national interest.
Kontroversi Akad Nikah Secara Daring Herdiansa
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 1 (2024): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v12i1.328

Abstract

Background. The terms and conditions of marriage are things that must be considered in the marriage contract. One of the pillars of shigat in marriage is ittihād al-majlis (being in the same assembly). Nowadays, marriage contract activities can be carried out from different places due to developments in technology, information and communication. The marriage contract carried out online (because of different locations) appears to be contrary to the pillars and requirements of ittihād al-majlis. Aim. The function and aim of research on the practice of online marriage contracts in general is to increase knowledge in the scientific discourse of Islamic law and provide legal understanding regarding the phenomenon of online marriage contracts for readers. Methods. The data analysis used in the research is qualitative research with a normative approach using the library research method (library study), which is research by reviewing literature related to the object of research regarding online marriage contract controversies, both primary and secondary references. This research is descriptive-analytic in nature, in the process it will describe and analyze matters relating to the object of research regarding the online marriage contract controversy. Results. Online marriage contracts receive legal certainty by issuing a fatwa from the fatwa institution regarding the validity of online marriage contracts. Decisions regarding the legality of carrying out online marriage contracts can be found in existing jurisprudence. And Mafhum mukholafah communicating long distance online has become a habit which then makes parties who are far away become closer and belong to the same assembly and according to the author this has fulfilled the elements contained in ittihād al-majlis.
Menelaah Konsep Li’an Suami Sebagai Cara Mencegah Sanksi Menuduh Zina dari Kaca Mata Medis dan HAM Dalam Konteks Kekinian Anwar, Muhamad Ridho; Musip, Muhammad
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 1 (2024): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v12i1.336

Abstract

Background. Li’an is used as an alternative to free a husband from qozhaf sanctions (accusing him of adultery), with the condition that the husband cannot present 4 bayyinah (witnesses) as witnesses to his wife's unfaithful actions. One of the legal consequences of li'an is that it confirms the lineage of a child with its father. Aim. Analyzing the husband's Li’an as a way to prevent sanctions for accusing him of adultery from a medical and human rights perspective Methods. This library research uses a descriptive-qualitative approach. Literature comes from authoritative data, such as classical jurisprudence books, tafsir, articles and books. The data was analyzed qualitatively and presented in descriptive form. Results. DNA test results can be used as evidence of Qorinah (signs), in the category of evidence in the form of allegations. It’s can clarify the child's lineage status, whether it is a child from the mother's husband or from another man, and can also clarify the punishment that will be received by a husband who accuses his wife of infidelity, whether he will be subject to had qozhaf or not. The concept of li’an from a human rights perspective is appropriate, because in li’an there are human rights that must be fought for, namely children's human rights. The state is expected to pay attention to the human rights of li’an children, through regulations that regulate scientific evidence through DNA testing to clarify the status and rights of children.
Relevansi Pemikiran Yūsuf al-Qaradāwī terhadap Perilaku Konsumsi Arifin, Bustanul; Ulumuddіn, Moh.
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 1 (2024): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v12i1.350

Abstract

Background. According to al-Qaradāwī, Islam stipulates that spending wealth must not: exceed necessary limits, and; being too frugal, not because you can't afford it, but because you're being naughty. Islam teaches consumers to be simple. Aims. This study examines al-Qaradāwī's thoughts on consumption behavior. Methods. This library research uses a theological-philosophical approach to measure al-Qaradāwī's legal istimbath method. Data was collected using documentation techniques. Content analysis was carried out qualitatively using the descriptive-analytic method. Results. Regulation of consumption behavior according to al-Qaradāwī is not being stingy or bakhil, not being wasteful and being modest. Implementing al-Qaradāwī's thoughts about not being stingy or stingy means giving donations, both obligatory and sunnah, both for oneself and for the family, for society and for fi sabilillah (in the way of Allah). Not being stingy or stingy means that humans should be fair in using wealth. Not being wasteful means not spending wealth on something that has no benefit and on something that is forbidden, including spending wealth excessively, that is, exceeding the limit in terms of things that are halal. Simplicity must be instilled in every human's daily life, namely an attitude that is in the middle between an attitude of servility, a wasteful attitude, and an excessive attitude, including an attitude of luxury. Spending wealth for needs and pleasures in Islam is not prohibited, but needs and pleasures must be in accordance with abilities and according to what is needed.
Membentuk Keluarga Sakinah, Mawaddah, Warahmah bagi Pasangan Suami Isteri Tuna Wicara Perspektif Hukum Islam Triyono, Very; Fadila, Rahma
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 1 (2024): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v12i1.365

Abstract

Background. Forming a Sakinah, Mawaddah, Warahmah Family for a Spouse of a Speech Impaired Husband and Wife in the Perspective of Islamic Law (Study in Rebang Tangkas District, Way Kanan Regency) based on the results of pre-research to form a sakinah, mawaddah, warahmah family for a married couple with a speech impairment experiences several problems and challenges that are faced differently from other families in general, it does not even rule out the possibility in an effort to form a sakinah, mawaddah, warahmah family in a family of people with speech impairment is very complicated considering the imperfect physical condition that requires great effort and effort, because it has deficiencies. Aim. Based on the above background, the author formulates the main problem, namely, How does a married couple with a speech impairment form a sakinah, mawaddah, warahmah family from the perspective of Islamic law. Methods. This type of research is field research which is a case study located in Rebang Tangkas District. This field research was conducted on a married couple with speech impairment. Data obtained through several methods, namely, observation interviews and documentation, data analysis techniques are carried out through the stages of data collection, data reduction, and data presentation, then analysing using descriptive qualitative analysis methods. Results. The results of research on 4 speech impaired couples in Rebang Tangkas Subdistrict about forming a sakinah, mawaddah, warahmah family are all respondents try to carry out religious obligations as well as possible, participate in community activities and recitation, be patient, try to understand each other and understand the condition of the spouse, always be grateful, listen to parental advice, strengthen each other trying to set an example by acting to be a role model for children, especially in religious guidance. By paying attention to the efforts made by a married couple with a speech impairment, they can be grouped into a Sakinah family.
Tradisi Pengangkonan dalam Pra Perkawinan Adat Lampung dan Relevansinya dengan Pengangkatan Anak dalam Hukum Nasional Fitri Yanti, Meri; Saputri, Fitriyani
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 1 (2024): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v12i1.366

Abstract

Background. In the past, Lampung people were only familiar with single-tribe marriages, that is, a person with Lampung tribe only married a partner with Lampung tribe. But over time inter-ethnic marriages began to be carried out frequently, one example is the Lampung tribe marrying a Javanese tribe, as is the case with inter-ethnic marriages in Tiuh Balak Village, Baradatu Way Kanan. This does not prevent the marriage from happening because of the seangkonan (child adoption) custom, Pengangkonan must be done if Lampung people want to marry people of different tribes or different Buay (Descendants). Aim. The problem in this research is how the tradition of Pengangkonan in the pre-marriage of Lampung customary tribe in Tiuh Balak Village Baradau Way Kanan and how the relevance of Pengangkonan to the adoption of children in national law. So that this research aims to find out how the tradition of Pengankonan in pre-marriage Lampung customs in Kampung Tiuh Balak Baradatu Way Kanan and how the relevance of Pengankonan to the appointment of children in national law. Methods. This research is a type of field research. The approach used is a qualitative approach with a descriptive nature, namely research that aims to describe the pre-wedding pengangkonan of Lampung customs and its relevance to adoption in national law in Kampung Tiuh Balak Baradatu Way Kanan. Results. Based on the research that has been conducted, the tradition of pengangkonan in pre-marriage Lampung customs in Tiuh Balak Baradatu Way Kanan Village has been running in accordance with the provisions of Lampung customs prevailing in the community, where when there is a person who is native to Lampung pepadun who wants to marry someone outside the Lampung pepadun tribe, then a foster father must be found first specifically for a person who is not native to the Lampung pepadun tribe. And this anchoring is done before the marriage or pre-marriage. Furthermore, pengangkonan in the pre-marriage of Lampung customary tribe in Kampung Tiuh Balak Baradatu Way Kanan is also relevant or in accordance with the appointment of children in national law, because pengangkonan of children in Lampung customary pre-marriage has the same purpose as the purpose of adopting children in national law, namely for the best interests of the child and is carried out based on local customs
STATUS DAN KEDUDUKAN SAKSI PEREMPUAN DALAM HUKUM ISLAM DAN KUHPerdata Fanani, Zainal; Ansori, Ahmad Insya’
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 1 (2024): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v12i1.373

Abstract

Background. The issue of gender equality that arises essentially lies in human rights (al-kulliyyât al-Khaimah), by placing more equality before the law as the core of equality of opportunity, spreading in the aspect of women's testimony before the law. For this reason, it is important to underline that the main problem of testimony is inseparable from gender. Aim. This research focuses on women's testimony to Islamic law and the Civil Code. Methods. Using comparative techniques with descriptive analysis, the following research results were obtained: the status and position of women as witnesses in religious courts from the point of view of Islamic law, the status of the testimony of one man is the same as that of two women. Results. The point of the difference is not to doubt the ability of women, it's just because in the business world that is done during the day until night men should do the signing and testimony of all kinds of business. Suppose there is a woman who is a witness. In that case, she must have an additional woman who serves to strengthen the testimony they do, because it could be that at any time one of the two is unable to attend to give testimony or has forgotten the object he witnessed in the past. The equal value of male and female testimony in the Law of Civil Procedure in Religious Courts is because the witness is positioned as one of the evidence, the task of witnesses in civil procedural law is to prove the existence or absence of something legal action. In short, if the witness is positioned as a pillar, it must follow as specified in the Qur'an.
Keberpihakan Hukum Perkawinan di Indonesia Terhadap Hak Perempuan dalam Memilih atau Menolak Perkawinan Mutrofin, Akmam; Syarifah, Faradhina Millatul Maula
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 1 (2024): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v12i1.379

Abstract

Background. ​Indonesian laws and regulations provide protection for women's rights in determining their life partner. However, there are still some parents who still use their ijbar rights to marry off their daughters. Meanwhile, the custom and etiquette of a girl is to obey her parents' orders and she is not allowed to argue in the slightest against her parents' orders, because if a girl refuses, her parents and even the community will label her as a child of disobedience. In fact, after marriage, a woman is no longer the responsibility of the woman's parents, but her husband. However, when a divorce occurs, it is clear that parents will not want to be blamed for the forced marriage they have imposed on their daughter. Aim. This research was conducted with the aim of answering the following questions: (1) Women's Rights in Choosing or Rejecting Marriage, (2) Legal Principles of Partiality KHI Articles 16, 17 and Marriage Law No. 1 of 1974 article 6 Concerning Women's Rights. Method. This research is a type of qualitative research in the form of a research library with a normative approach and library documents as data collection techniques. The data sources were obtained from laws and books and then analyzed using content analysis with an inductive-deductive mindset. Results. The results of this research show that under marriage law in Indonesia a girl has the right to choose her own partner and can also annul a marriage even if her guardian uses his right of consent to marry off an older child. This does not mean eliminating the power of the mujbir guardian because the terms of a marriage still require the presence of a guardian for the bride. This can be shown during the khitbah process, or during the rafa' process in front of the head of the KUA, a bride and groom will need his consent to get married. However, when one of the bride and groom refuses the marriage, the state cannot marry the bride and groom. This is stated in KHI articles 16, 17 and Marriage Law no. 1 of 1974 article 6. The specific principles of marriage (lex specialis) used are the principle of consent, the principle of consent of both parties, the principle of freedom of choice, the principle of eternity in order to achieve a happy marriage.
Opinion of Public in Da’wah of K.H. Zainuddin, MZ Adrianto; Sitorus, Chalid
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 1 (2024): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v12i1.380

Abstract

Latar belakang. KH. Zainuddin, MZ adalah seorang Mubaligh era tahun 1980an dan 1990an, dikenal sebagai da’i sejuta ummat yang kesohor karena ceramah-ceramah/pidato-pidato da’wah Islam yang tegas dan tajam di radio dan televisi maupun di berbagai acara langsung. Tujuan. Studi mengkaji opini masyarakat tentang ciri dan metode da’wah KH. Zainuddin MZ Metode. Studi kepustakaan ini menggambarkan opini masyarakat terhadap da’wah KH. Zainuddin MZ. Data dikumpulkan dari berbagai sumber utama yang berupa buku dan opini-opini. Data-data dianalisis secara deskriptif-kualitatif dalam bentuk hubungan sebab akibat, hubungan asosiatif, dan perbandingan. Hasil. Opini masyarakat menyatakan, karakteristik Ustad Zainuddin MZ adalah pendalaman agama dan analisis yang tajam, komunikatif dengan para pendengar tausiyah, ceramah dengan bumbu humor khas anak Betawi, mengembangkan khazanah tema ceramah yang luas, spontan dalam humor yang penuh makna¸ dan menyampaikan kritik yang seringkali tajam.
A Status Hukum Wali yang Dianggap Mafqud Bagi Anak yang Orang Tuanya Bercerai: (Studi kasus di Kantor Urusan Agama Kecamatan Gudo) Zahro, Ahmad; Khotim, Ahmad; Abdur Rohman, Ahmad Aminuddin
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 1 (2024): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v12i1.404

Abstract

Background. Requests for a guardian judge due to the guardian's nasab mafqud often occur with children whose parents are divorced, often found when a divorce occurs, one of the parents does not get custody of their child, does not care about their obligations to their child, as if they have disappeared without giving any news, especially visiting. to provide a living, and his whereabouts are unknown after the separation of the child's parents' relationship. Which ultimately makes it difficult for the child to carry out the marriage because the guardian is hampered by mafqud. Aim. This research aims to understand the implementation process of determining guardian judges as a result of mafqud in the Gudo Religious Affairs Office and how the proof of guardian mafqud carried out by the Gudo District KUA is viewed from an Islamic legal perspective and a positive legal perspective. Methods. This type of research is field research which is descriptive in nature using a phenomenological approach. Primary data sources were obtained through interviews and documentation from Gudo District KUA officials and supported by secondary data in the form of written literature or scientific works. Results. The results of this research explain that in determining the guardian of the judge because the guardian of the nasab is mafqud, the KUA officials refer to the procedures contained in Minister of Religion Regulation Number 20 of 2019. However, in proving the guardian of mafqud only with the testimony of the village head and there is no need for a judge's decision, in this case there is a lack of synchronization with the laws and regulations. -Existing invitations in Indonesia need to be improved.

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