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Ali Audah
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Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah)
Published by STAI At-Tahdzib
ISSN : 3063430X     EISSN : 30631793     DOI : 10.61181
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) is a peer-reviewed journal that focuses (not limited) on critical studies of Islamic studies and family law. Contains research results, surveys, academic works and focuses on the development of studies on family law issues. This journal is published by the Institute for Research, Development and Community Service (LP3M) Sekolah Tinggi Agama Islam At-Tahdzib (STAIA), Rejoagung, Ngoro, Jombang, East Java, Indonesia. Published every June and December in one year as a scientific responsibility and the embodiment of the Tri Dharma of Higher Education.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
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Relevansi Pemikiran Imam Syafi’i Tentang Mafqud Terhadap Perceraian Ghaib: (Studi Kasus di Pengadilan Agama Jombang) Dimyati, Yayat
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 1 No 1 (2024): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/al-mawaddah.v1i1.398

Abstract

In the mind of Imam Shafi'i there are those who argue that if the husband or wife who mafqud must wait for four years. and according to the Law and Compilation of Islamic Law is to wait with a period of 2 years. The period between these two opinions is very long if compared. This is because the sophisticated transportation and information systems present in the modern era provide a quick opportunity to find out the existence of the mafqud. Unlike the past who still do not know the transportation and information system. So here see which is more relevant to follow between the thoughts of Imam Shafi'i or the Law and Compilation of Islamic Law. In this thesis examines the Relevance of Imam Shafi'i's Thoughts on Mafqud Against Divorce Ghaib Case Study in Jombang Religious Court. This research aims to find out the opinion of Imam Shafi'i about mafqud and the ruling of the Jombang Religious Court regarding mafqud divorce. In this study, the authors used descriptive research methods that seek to describe and analyze problems in as much detail as possible. The type of research used is library research by tracing theories contained in libraries and fields. The results showed that there is no one proposition of the Qur'an and hadith that mentions the deadline for the determination of the time of missing persons, which there is only the opinion of a friend, Umar bin Al-Khatab. But Umar's opinion was only for wives who lost husbands. In addition, it can also be known the consequences of mafqud that can occur to people around or his heirs and he becomes a demand to solve it. Based on the study of the authors conducted, in this study it can be concluded that the Author hopes that ijtihad is carried out by mujtahids at any time such as judges. Because the law is dynamic will change over time following the changing era of times.
Kehujjahan Maslahah Mursalah Dalam Perspektif Imam Al-Ghazali Dan Najm Al-Din Al-Tufi Arifin, Bustanul
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 1 No 1 (2024): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/al-mawaddah.v1i1.426

Abstract

This study examines the authority of maslahah mursalah according to Imam Al-Ghazali and Najm al-Din al-Tufi, two scholars with differing views on applying the concept of public interest in Islamic law. Al-Ghazali is known for his conservative approach, while Al-Tufi is more flexible and progressive. The research uses the library research method. Data were collected from primary sources, namely the works of Al-Ghazali and Al-Tufi, as well as relevant secondary literature. Descriptive-qualitative and comparative analysis techniques were used to evaluate and compare the views of both scholars. The study found that Al-Ghazali requires maslahah to align with maqasid al-shariah and not contradict nash. Al-Tufi, on the other hand, emphasizes flexibility in prioritizing maslahah, especially when dealing with nash dzanni. Both scholars contribute significantly to the understanding and application of the concept of maslahah in contemporary Islamic law.
Implementasi Pasal 31 Kompilasi Hukum Islam Tentang Penetapan Jumlah Mahar : (Studi Kasus Keluarga Perumahan Pesantren Attahdzib) Latifah, Hanik; Naachy, Dzin Nun
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 1 No 1 (2024): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/al-mawaddah.v1i1.427

Abstract

This study explores the determination of the dowry amount in marriages within the Attahdzib Pesantren housing community. Using a normative-philosophical approach and sociological impact analysis, this research highlights the application of simplicity and ease principles in KHI (Compilation of Islamic Law). The methodology includes field observations and interviews with married couples. The results show that a simple yet meaningful dowry supports social stability and strengthens women's position in marriage. These findings suggest that applying Islamic principles on dowry can create harmonious and socially stable family relationships.
Kewenangan Mengadili Lembaga Peradilan di Indonesia Dan Titik Singgung Pengadilan Umum Dengan Pengadilan Agama Halimi, Moh. Zunaidi
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 1 No 1 (2024): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/al-mawaddah.v1i1.428

Abstract

The court as an officially legitimate (legitimate) state institution is given the authority to examine, adjudicate, decide and resolve every dispute submitted to it. The Court's authority, practical and theoretical, is divided into two, namely absolute authority (absolute competency) and relative authority (relative competency, jurisdiction). The method used is literature review, which is a systematic, explicit and reproducible method for identifying, evaluating and synthesizing research works and ideas that have been produced by researchers and practitioners. The type of research that researchers used in preparing this article is research. Qualitative, this kind of research is descriptive and tends to use analysis with an inductive approach. This type of qualitative research is in the form of library research. As far as current practical experience is concerned, the authority of district courts and religious courts often experiences points of contact. Apart from historical factors, incomplete factors and lack of clear explanations in the law give rise to different interpretations regarding the authorities in certain cases. Moreover, the absolute authority of religious courts is based on the principle of Islamic personality, which means that submission to the provisions of Islamic law is the basis for the legitimacy of the authority of religious courts in certain cases. Submission to Islamic provisions as the basis for the meaning of Islamic personality no longer only means formal Muslims (based on legal identity), but also non-Muslims who submit themselves to the provisions of Islamic law. Below are several points regarding the authority of the District Court and the Religious Court.
Waris Pengganti Perspektif Kompilasi Hukum Islam Hasbiyallah, Iklil; Dimyati, Yayat
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 1 No 1 (2024): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/al-mawaddah.v1i1.429

Abstract

This study intends to analyze the background of determining the substitute inheritance as well as to map the philosophical meaning and maslahah contained in the law of replacement inheritance as regulated in the Islamic Law Compilation. This is a research study and types of literature data that revolve around the basics of a law to collect data, to analyze the author using deductive and descriptive methods. The results of this study indicate that the background for determining replacement inheritance law in the Islamic Law Compilation is based on justice and mutual benefit and in accordance with the needs of the Indonesian people. The stipulation of the law also does not violate Islamic law (Maslahah Mursalah), which is good deeds according to society but is not regulated in the text nor is there any prohibition from the texts. Meanwhile, the philosophical meaning of the determination of the substitute inheritance law in the Islamic Law Compilation is the achievement of family welfare, especially the successor heirs, who have been left by their parents. Thus, no party will be harmed and persecuted. And Maslahah contained in the law of substitute inheritance is the benefit that can be obtained from a substitute heir, so as to avoid the dangers that will befall in the form of poverty and poverty due to his parents having died first.
Kyai and Nyai’s Views on the Right to Ijbar in the Jombang Islamic Boarding School Community: A Legal Philosophy Perspective Zaidatur Rofiah; Sirojul Azmin
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 1 No 2 (2024): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/al-mawaddah.v1i2.441

Abstract

In legal philosophy there are principles of morality, justice and human rights for each individual in regulating human ethics with in-depth reflection regarding the laws that exist in society. This means that women also need to pay attention to their role in choosing their life partner. However, the practice of ijbar rights in marriage is currently still found in the Islamic boarding madzhab community in Jombang, so the voice of the Kyai and Nyai is needed to express their opinion because they are figures who play an important role and are embraced by the Islamic boarding madzhab community. The research carried out to answer the above questions, the author used a qualitative field research method consisting of main data, namely legal philosophy and interviews with several Kyai and Islamic boarding madzhab caregivers in Jombang. While secondary data is classical jurisprudence books, journal articles and others. The results of the research are (1) according to the views of the Kyai and jiai, the right of ijbar or mujbir guardian may be carried out on girls provided that there is a benefit between the child and the parents (guardian), but it is better not to carry out ijbar. (2) In legal philosophy with the views of Kyai and Nyai regarding the right to ijbar, there is a binding relevance where the views of Kyai and Nyai, although guided by fiqh law, still provide principles of legal philosophy including the right of women to choose their partners.
Marriage without Parental Blessing from the Perspective of Islamic Family Law Hendarso, M. Habi; Ja'far, A. Kumedi
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 1 No 2 (2024): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/al-mawaddah.v1i2.466

Abstract

Marriage without parental consent from the perspective of Islamic family law is a complex issue, involving various legal, social, and moral considerations. In Islamic law, parental or guardian consent is essential to ensure the validity of a marriage, and without such consent, a marriage can be considered invalid. The research method used in this study is a qualitative approach, with data collection through in-depth interviews with couples who married without parental consent, as well as interviews with Islamic family law experts and community leaders. The principle of maslahah (benefit) is a reference in protecting the interests of individuals, families, and society. Although Islamic family law provides space for individual freedom in choosing a life partner, it still emphasizes the importance of complying with religious and moral norms. The absence of parental consent can result in serious social and psychological impacts, including conflict within the family, social isolation, and emotional tension. Therefore, this issue needs to be analyzed in depth to understand its implications in the context of law and society.
Implementation of Law Number 35 of 2014 concerning Child Protection in the Tarbiyatus Shibyan Putri Dormitory, Pesantren Attahdzib Latifah, Hanik; Charisna Binti Rofidatul Izzah
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 1 No 2 (2024): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/al-mawaddah.v1i2.476

Abstract

This study examines the implementation of Law Number 35 of 2014 Article 9 Paragraph 1a concerning child protection in Pesantren Attahdzib, particularly at Tarbiyatus Shibyan Female Dormitory. The research focuses on how the pesantren enforces child protection against physical and verbal abuse through religious values and psychological approaches. The study employs a descriptive qualitative method with data collection techniques including interviews, observations, and documentation. Key informants include coordinators, mentors, and students directly involved in the mentoring process. The findings reveal that mentoring in Pesantren Attahdzib integrates principles of compassion, discipline, and assertive communication in student management. Supporting factors include parental collaboration, a conducive pesantren environment, and mentors’ role modeling. However, challenges such as mentors’ lack of experience and suboptimal communication with guardians persist. In conclusion, the pesantren successfully fosters a safe educational environment that supports students’ spiritual, social, and psychological development in line with the law’s mandates.
Analysis of Marriage Dispensation Factors: (Case Study of Class 1A Jombang Religious Decision Results) Dimyati, Yayat
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 1 No 2 (2024): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/al-mawaddah.v1i2.477

Abstract

A marriage dispensation is an exception to the rules or law that is given to an applicant to enter into a marriage. In this research the author examines the decision on requests for marriage dispensation in the Jombang religious court. The focus of the research problem formulation is: 1. What is the level of requests for marriage dispensation in the Jombang religious court. 2. What is the background for submitting the application for marriage dispensation? 3. What are the judge’s considerations in determining the application for marriage dispensation in the Jombang religious court? The type of research is descriptive analysis research. This descriptive characteristic is to get a good, clear picture, and can provide as thorough an analysis of the data as possible about the object under study. The results of this research show that the factors behind the request for marriage dispensation are internal and external factors. The judge’s legal consideration in granting marriage dispensation is that there is Article 7 paragraph 2 of Law No. 1 of 1974 concerning deviations from the age limit for marriage. Court or other official appointed by both parents of the man and woman.
Criminal Sanctions Against Perpetrators of Sirri Marriage Article 143 of the Draft Law on Material Law of Religious Courts in the Field of Marriage in the Concept of Maslahat of Sheikh Ramadhon Al-Buthy Naachy, Dzin Nun
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 1 No 2 (2024): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/al-mawaddah.v1i2.480

Abstract

This study analyzes the criminal sanctions for sirri marriages (unregistered marriages) as regulated in Article 143 of the Draft Bill on Substantive Law for Religious Courts using Syekh Ramadhan al-Buthy’s concept of maslahat. Employing a juridical-philosophical method, this research examines legal regulations normatively and links them to Islamic values in maqashid syariah. The findings reveal that criminal sanctions for sirri marriages aim to maintain social order through marriage registration, which aligns with the protection of lineage and property. Analysis based on al-Buthy’s five criteria of maslahat demonstrates that the sanctions fall within the scope of maqashid syariah, without conflicting with the Qur’an, sunnah, qiyas, or higher maslahat. However, implementing these sanctions faces social resistance due to adherence to classical fiqh views. Educational approaches and administrative incentives are necessary to encourage marriage registration as a legal safeguard. In conclusion, the criminal sanctions against sirri marriages under Article 143 of Rancangan Undang-Undang Hukum Materil Peradilan Agama Bidang Perkawinan align with maslahat principles and can provide societal benefits if implemented wisely.

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