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Ali Audah
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Jl. Ngoro-Kandangan KM 3 PA Rejoagung, Kec. Ngoro, Kab. Jombang, Provinsi Jawa Timur 61473
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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 5 Documents
 1 
Search results for , issue "Vol 1 No 2 (2024): Al-Mawaddah" : 5 Documents clear
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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