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Muhammad Husni Abdulah Pakarti
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An-nisa: Journal of Islamic Family Law
Published by Yayasan Cendekia Gagayunan Indonesia
ISSN : -     EISSN : 30640520     DOI : https://doi.org/10.63142/an-nisa.v1i4.46
Core Subject : Religion, Education, Social,
Religion Law, Crime, Criminology & Criminal Justice Other
An-Nisa: Journal of Islamic Family Law is a peer-reviewed academic journal that focuses on the study and analysis of Islamic family law and related issues. The journal aims to provide a platform for scholars, researchers, and practitioners to explore the dynamic and evolving nature of Islamic family law in various cultural, social, and legal contexts. An-Nisa welcomes submissions from various disciplines, including Islamic studies, law, sociology, anthropology, gender studies, and related fields. The journal is dedicated to advancing knowledge and fostering a deeper understanding of how Islamic family law operates both in theory and practice, as well as its implications for contemporary Muslim societies. By engaging with diverse perspectives and research methodologies, An-Nisa contributes to the ongoing discourse on Islamic family law and offers insights into the legal, social, and ethical dimensions of family life in Muslim communities. This journal is published 1 year 4 times (March, June, September and December).
Arjuna Subject : Umum - Umum
Articles 38 Documents
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Menggali Makna Ijma' Dan Qiyas Dalam Penetapan Hukum Alfan Syafa, Miftah Dzul; Sucipto, Imam
An-Nisa: Journal of Islamic Family Law Vol. 1 No. 3 (2024): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v1i3.73

Abstract

This research is motivated by the fact that the Al-Quran and Hadith are the main sources in determining the law. In addition to these two religious texts, there are also Ijma' and Qiyas as methods in determining the law, both of which are the basis and method that has been agreed upon by the scholars. This discussion is interesting because this research will reveal how the steps of the Ijma' and Qiyas methods in determining a law and answering problems. This research is qualitative research with a normative approach and descriptive analysis, sourced from literature (library research). The primary source used is the book Ushl al-Fiqh al-Islam by Wahbah al-Zuhaili, and then the secondary sources used consist of books, journals, and other scientific works that are still related to the discussion. The technique in collecting data uses literature study techniques and is then analyzed properly. The results of this study show that as a source of Islamic law, Ijma' according to language is a deal, agreement, concurrence, or unanimity. According to the term, Ijma' is the agreement of the mujtahids from the people of the Prophet Muhammad at his time about the case of shar'i after the death of the Prophet Muhammad SAW. Meanwhile, Qiyas linguistically means measure, compare, or equate something with another. According to the term Qiyas, it is uniting something that is not mentioned in the nash with something mentioned by the nash due to the similarity of the illat between the two.
Menelusuri Perjalanan Ilmu Ushul Fiqih Dalam Sejarah Sopyan, Ichsan; Sucipto, Imam
An-Nisa: Journal of Islamic Family Law Vol. 1 No. 4 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v1i4.74

Abstract

This study examines the historical development of Fiqh and Usul Fiqh as essential branches of Islamic knowledge for establishing Islamic law. Understanding the history of these sciences is crucial to preventing misunderstandings in legal rulings and fostering tolerance in differing opinions. The research employs a qualitative method with a literature review approach, analyzing books, journals, and online sources related to the evolution of Fiqh and Usul Fiqh. The discussion reveals that the development of these sciences can be divided into three main phases. The formative phase (7th to 10th centuries CE) was marked by the application of laws based on the Qur’an, Sunnah, and systematically organized ijtihad by the Prophet, his companions, and the tabi’in. The stagnation phase (10th to 20th centuries CE) saw a decline due to the dominance of taqlid and sectarian fanaticism, although reformist scholars like Ibn Taymiyyah sought to revive the spirit of ijtihad. The developmental phase (post-establishment of national Islamic states) was characterized by the revival of Islamic law through purification movements, legal codifications such as the Majallah al-Ahkam al-‘Adillah, and the adaptation of Fiqh texts to modern contexts. This study concludes that the historical development of Fiqh and Usul Fiqh reflects the dynamic nature of Islamic law, which is adaptable to changing times through cycles of innovation, stagnation, and revival. Understanding this history is essential to maintaining the relevance of Islamic law in addressing modern challenges.
Analisis Ta'arudh Adillah: Dinamika dan Solusi dalam Ushul Fiqh Sulaiman, Muhammad; Royhan, Fahmi; Sucipto, Imam
An-Nisa: Journal of Islamic Family Law Vol. 1 No. 4 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v1i4.81

Abstract

Ta'arudh adillah or conflict between shar'i propositions is one of the fundamental problems in ushul fiqh that requires special attention. The resolution of ta'arudh adillah is crucial to ensure that arguments that appear to be contradictory can be compromised or chosen one of them appropriately, thus maintaining the continuity of understanding Islamic law. This research uses a qualitative approach by analyzing various classical literature by scholars in ushul fiqh. The descriptive-analytical method is applied to explain the concept of ta'arudh adillah, identify the causes of conflict, and evaluate the methods of resolution used by the scholars. The study shows that ta'arudh adillah can be caused by various factors, such as differences in text interpretation, the historical context of the argument, or the level of strength of the argument. The scholars used various methods of resolution, such as tarjih (choosing the stronger argument), nasakh (canceling the previous argument), and jama' (compromising arguments that appear to be contradictory). A deep understanding of the method of resolving ta'arudh adillah can help in applying Islamic law consistently and relevantly. This research makes a significant contribution to the understanding of this concept and its relevance in the modern context.
Nikah Sirri Perspektif Hukum Positif Indonesia Dan Hukum Islam Salsabila, Fajrina Dhia; Alfi Syahri, Vanda Kamila; Hamidah, Tutik; Saiban, Kasuwi
An-Nisa: Journal of Islamic Family Law Vol. 1 No. 4 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v1i4.89

Abstract

The implementation of Marriage Act No. 1/1974, which was later amended by Act No. 16/2019, and its various provisions, led to the emergence of the phenomenon of nikah siri. Nikah siri is a marriage that takes place in secret and is not registered in accordance with the provisions of the current Marriage Law. This research will include an in-depth analysis of 1) An explanation of nikah siri according to Indonesian positive law and Islamic law. 2) The legal status and criminal sanctions of nikah sirri under Indonesian positive law and Islamic law. This research is normative in nature with a comparative approach to analyse the crime of nikah sirri by comparing Indonesian positive law and Islamic law. The data collected will be analysed descriptively and comparatively to identify the similarities, differences and legal implications of the crime of nikah sirri in the two perspectives. Therefore, it is hoped that this research can increase understanding of the phenomenon and make a positive contribution to our knowledge of the dynamics of human relationships in the context of hidden marriages.
Keharmonisan Keluarga Petani dan Pedagang Ditinjau Dari Faktor Ekonomi Anugrah, Putri; Tadjudin, H. Ahmad; Gussevi, Sofia
An-Nisa: Journal of Islamic Family Law Vol. 1 No. 4 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v1i4.93

Abstract

Marriage is a forum for forming a sakinah, mawaddah and warrahmah family in which there needs to be a sense of trust and responsibility in carrying out their respective roles in relation to the rights and obligations of both husband and wife to achieve happiness in this world and the hereafter. Having a harmonious family is every family's dream. However, achieving a harmonious family is influenced by several factors. Economic factors play a role in meeting family needs and many cases of divorce occur in society due to poor economic conditions. Based on this, researchers conducted research on Farmers and Traders in Lebak Anyar Village whose families are harmonious and have survived for a long time to this day despite unstable economic conditions. The aim of this research is to determine and describe the factors and efforts of farmers and traders in forming a harmonious family, even though the economic situation is unstable and income uncertainty, this is not the reason for forming a harmonious family.
Perlindungan Hukum Terhadap Konsumen Dalam Pengiriman Barang Melalui Jasa PT.Global Jet Express Rahmad Ready Kurniawan; Faisol , Faisol; Afriyanto, Renaldy; Gufron, Ainur; Bawashir, Ahmad Syauqi
An-Nisa: Journal of Islamic Family Law Vol. 1 No. 4 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v1i4.104

Abstract

As time goes by, science and technology also develop, especially in the industrial sector. The increasing popularity of online shops means that online transactions are also increasing, which in this case involves expedition companies in sending goods between cities or regions. One of them is PT. Global Jet Express (J&T Express). The process of sending goods through J&T Express greatly helps human activities, but there are obstacles experienced by expedition companies such as late delivery of goods, damage, and even loss. These problems will certainly harm consumers. The research method includes a type of research that is normative juridical. The results of the study show that consumers have the right to receive compensation, damages and/or replacement, if the goods and/or services received do not comply with the agreement or are not as they should be. Legal efforts to prevent consumers from being harmed due to goods used in a damaged condition through the fulfillment of the obligations of business actors to carry out business activities in good faith
Refleksi Maqoshid Syariah Dalam Istinbath Hukum Progresif Terhadap Pembagian Harta Bersama Dalam Kompilasi Hukum Islam Di Indonesia Daelani, Supian
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 1 (2025): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i1.115

Abstract

This study analyzes the implementation of Article 97 of the Compilation of Islamic Law (KHI) regarding the distribution of joint property after divorce in the Religious Courts of Bandung, Depok, Sukabumi, and Garut. This article mandates an equal division of assets between husband and wife without considering individual contributions. However, this rule is often viewed as unfair because it does not account for the specific roles in acquiring assets, particularly in the context of the evolving roles of husbands and wives, where many wives also contribute as breadwinners. Court rulings in Bandung and Depok reveal that judges have begun to consider both economic and non-economic contributions, resulting in a more proportional division of assets. In contrast, in Sukabumi and Garut, the division is still rigidly applied according to formal regulations. This highlights the need for reform. This study explores maqashid al-shariah, which emphasizes substantive justice and public welfare, as a basis for reforming Article 97 of the KHI. This reform aims to achieve a fairer distribution of assets based on each party's actual contribution. The participation of society and academics is also essential in this reform process to ensure that the policies developed are relevant and just.
Hadist Tentang Penjualan Berdasarkan Kesepakatan Bersama, Dalam Konteks Kehidupan Kontemporer Purnomo, Heri; Athoillah, Mohamad Anton; Rodliyana, Muhamad Dede
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 1 (2025): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i1.80

Abstract

Hadiths are one of the most important sources of Islamic law, including in economic matters, especially in buying and selling transactions. Sales based on mutual agreement is a fundamental principle described in various traditions. In the context of contemporary life, this principle is relevant in various modern business models, both in physical and digital transactions. This article examines the relevance of the traditions governing sale and purchase transactions in the context of the modern economy taking into account the dynamics of technological development, e-commerce, and the need for transparency in transactions. It highlights how the application of these principles can ensure justice for all parties involved in the buying and selling process, avoid usury, and promote economic balance. Based on the views of two Islamic economists, namely Muhammad Abdul Mannan and M.A. Chapra, this study also reveals how the principle of mutual agreement can be applied in increasingly complex contemporary businesses.
Keluarga Sebagai Preventif Radikalisme Dalam Diskriminasi Hak Beragama Perspektif Sad Dzari’ah Dan Islam Nusantara Hidayat, Raya; Saiban, Kasuwi; Hamidah, Tutik
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 1 (2025): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i1.99

Abstract

Indonesia faces several issues regarding the discrimination of religious worship rights, which clearly violates the regulations in Indonesia. In many cases of religious discrimination in the country, the neutrality of the government as a public servant is often called into question. Consequently, our society still lacks a proper understanding of religious tolerance. Instilling an understanding of appropriate solutions within families related to the discrimination of worship rights in Indonesia must be addressed more seriously. This study is essential to analyze radicalism in the discrimination of worship rights through the lens of sad dzari’ah. Furthermore, the researcher will examine the role of families in preventing worship rights discrimination from the perspective of Islam Nusantara. This research employs a qualitative approach based on library research. The findings indicate that discrimination against worship rights is inconsistent with sad dzari’ah because it can lead to significant harm, such as division and conflict. Therefore, worship rights discrimination must be prevented to align with the principles of sad dzari’ah. Additionally, strengthening family resilience through the cultivation of Islam Nusantara values can serve as a preventive effort against radicalism in worship rights discrimination.
Kontroversi Pencatatan Pernikahan Seluruh Agama Serta Kaitannya Dengan Eksistensi Kantor Urusan Agama Di Indonesia Tanoto, Ivan; Zelikho, Andini; Daryadi, Yudi; Farid, Diana; Abdulah Pakarti, Muhammad Husni
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 1 (2025): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i1.100

Abstract

Marriage registration is a form of state service to protect the public from problems that arise because of marriage ties, such as inheritance rights, maintenance and other civil rights. In fact, the registration of marriages has been regulated in Government Regulation No. 9 of 1975 (PP No. 9/1975) which states that registration of marriages for Islamic religions is recorded by the Religious Affairs Office (KUA) and registration of marriages for non-Islamic religions is carried out by registration officers at the Office. Civil Registry (KCS). However, in early 2024 the Minister of Religion plans to make KUA services inclusive for all religions in Indonesia. In fact, the unification of these services will certainly take away the existence of the KUA as a place to carry out some of the duties of the district and city Department of Religion offices in the field of Islamic religious affairs in sub-district areas as stated in Minister of Religion Decree No. 517 of 2021 concerning the KUA Organization. This research discusses comprehensively the registration of marriages of all religions and its relation to the existence of the KUA in Indonesia. The aim of this research is to determine the impact of the law and controversy over the registration of marriages of all religions at the KUA. The research method we use is normative juridical through a statutory regulatory approach and a conceptual approach. The results of this research indicate that it will be necessary to systematically rework many regulations to make the KUA the centralization of marriage registration for all religions.

Page 2 of 4 | Total Record : 38

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