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Tadhkirah: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
ISSN : 30639522     EISSN : 30638321     DOI : 10.59841
Core Subject : Religion,
TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah, Jurnal ini ditujukan untuk publikasi artikel ilmiah yang diterbitkan oleh STIKes Ibnu Sina Ajibarang. Jurnal ini menggabungkan terapan hukum Islam dengan kajian filsafat syariah. Melalui artikel-artikelnya, jurnal membahas aplikasi praktis hukum Islam dalam kehidupan sehari-hari serta aspek teoritis dan filosofisnya. Isu-isu yang dibahas mencakup terapan hukum islam dan kajian filsafat syariah. Dengan pendekatan multidisiplin, jurnal ini relevan bagi praktisi hukum Islam, akademisi, dan pembuat kebijakan yang tertarik dalam memahami implikasi hukum dan filsafat syariah dalam konteks kontemporer. Jurnal ini terbit 1 tahun 4 kali (Maret, Juni, September, dan Desember).
Articles 69 Documents
Penguatan Akidah Islam sebagai Upaya Preventif terhadap Radikalisme Keagamaan Ansorul Alim; Mahmud Arif
TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah Vol. 3 No. 2 (2026): JUNI :TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/tadhkirah.v3i2.492

Abstract

This article examines the urgency of strengthening Islamic creed (aqidah) as a preventive instrument in addressing religious radicalism. The rise of extremism is not merely driven by sociological factors, but is also rooted in a theological crisis, namely textual interpretations that give rise to exclusivism and takfiri doctrines. Employing a conceptual literature review method, this study deconstructs the pathology of radicalism and reconstructs the preventive dimensions of aqidah. The findings reveal that ideological mitigation is grounded in three dimensions of aqidah: Tawhid as a means of liberating reason from group arrogance, wasathiyyah (moderation) in maintaining tolerance, and the absolute integration of faith with social morality. To be effective, these values must be institutionalized within Islamic education through the transformation of critical pedagogy, the strengthening of religious digital literacy, and the development of an inclusive school culture. Strengthening aqidah is therefore not merely a transfer of dogma, but the formation of a moderate worldview as a strong shield against the infiltration of radical ideologies.
Perlindungan Hukum terhadap Pemberian Hak Nafkah Anak Pasca Perceraian Vina Rosalinda; Sabar Podu; Amri Amri
TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah Vol. 3 No. 2 (2026): JUNI :TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/tadhkirah.v3i2.519

Abstract

Child support rights after divorce constitute a fundamental right that must be protected to ensure children's welfare and development. However, many children do not receive adequate financial support because parents, particularly fathers, fail to fulfill their obligations after divorce. This study aims to analyze the legal regulation of child support rights after divorce and examine the legal protection available when these rights are neglected. The research employs normative legal research using statutory and conceptual approaches. Legal materials were collected through library research, including legislation, legal literature, scholarly journals, and relevant court decisions. The findings show that Indonesian law provides a comprehensive legal framework through the Marriage Law, the Child Protection Law, and the Compilation of Islamic Law, all of which affirm that divorce does not terminate parental responsibilities. Under Islamic law, the obligation to provide child support remains with the father. Legal protection is available through civil and criminal mechanisms, including enforcement claims and criminal liability for child abandonment. However, weak law enforcement, limited supervision of court decisions, and low legal awareness continue to hinder effective protection. Strengthening enforcement, increasing legal awareness, and enhancing state involvement are essential to ensure the fulfillment of child support rights after divorce.
Aktualisasi Keteladanan Akhlak Nabi Muhammad SAW sebagai Strategi Penguatan Karakter Muslim dalam Merespons Krisis Moral Kontemporer David Ricardo; Mahmud Arif
TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah Vol. 3 No. 2 (2026): JUNI :TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/tadhkirah.v3i2.527

Abstract

The contemporary moral crisis, marked by the prevalence of hoaxes, corruption, intolerance, and hedonism, demands a strategic response from the Islamic tradition. This research aims to actualize Prophet Muhammad's (PBUH) moral exemplariness as a strategy for strengthening Muslim character. Using a qualitative literature review method with a thematic-integrative approach, this study analyzes primary sources (the Quran, authentic hadiths, classical Islamic texts) and secondary sources (national and international academic journals). The findings identify five dimensions of Prophetic exemplariness (siddiq, amanah, rahmah, zuhud, hikmah) that directly correspond to 24 character strengths in Peterson and Seligman's Values in Action (VIA) framework. This research formulates four actualization strategies: internalization through contemporary Sufism, behavioral modeling (uswah fi'liyah), moral community reinforcement (al-biah al-shalihah), and Islamic digital literacy. The primary contribution of this research is an integrative model linking Prophetic moral values with modern character psychology, supplemented by an integration table mapping moral crises, Prophetic values, and character-strengthening strategies. This model is intended to serve as an operational framework for Islamic educational institutions, families, and Muslim communities in addressing moral crises systematically and evidence-based.
Penerapan Project Based Learning untuk Meningkatkan Keaktifan dan Mengurangi Kebosanan Siswa Kelas I Mi Ma’arif Nu Bebekan Fitri Dwi Pertiwi; Moh. Agus Syairofi Syafii
TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah Vol. 3 No. 2 (2026): JUNI :TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/tadhkirah.v3i2.532

Abstract

This study aimed to increase students’ learning activeness and reduce boredom in Indonesian language lessons through the implementation of the Project Based Learning (PjBL) model for first-grade students at MI Ma’arif NU Bebekan. The research was conducted using an observation method during the learning process. The subjects of this study were first-grade students of MI Ma’arif NU Bebekan. Data were collected through observations of students’ activities, participation in learning, enthusiasm in completing projects, and responses during Indonesian language lessons. The observation results showed that the implementation of Project Based Learning had a positive impact on the learning process. Before the implementation of this model, some students appeared less active, easily bored, and less involved in classroom activities. After learning was carried out through project-based activities related to Indonesian language materials, students became more interested in participating in lessons, more confident in asking and answering questions, and more active in collaborating with their classmates to complete assignments. In addition, the learning atmosphere became more enjoyable because students were directly involved in activities connected to their daily experiences. Based on the findings, it can be concluded that the implementation of Project Based Learning was effective in increasing learning activeness and reducing boredom among first-grade students of MI Ma’arif NU Bebekan in Indonesian language lessons. This learning model can serve as an effective alternative for creating a more engaging, active, and meaningful learning experience for elementary school students.
Prinsip Keadilan dalam Praktik Poligami: Analisis Hukum Islam dan Hukum Positif di Indonesia Muhammad Rizwar Azis; M. Dwi Agam Rifa’i; Fauzan Ainur Habib; Dera Jaidda Dzahabiyyah
TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah Vol. 3 No. 2 (2026): JUNI :TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/tadhkirah.v3i2.534

Abstract

This study discusses the concept of polygamy from the perspectives of Islamic law and positive law in Indonesia, focusing on the principles of justice and its impact on women and families. Polygamy is one of the issues in fiqh munakahat that continues to generate debate because it is considered closely related to patriarchal culture, gender inequality, and violence against women. This study aims to analyze the legal basis of polygamy in the Qur’an, the views of scholars of tafsir and fiqh regarding polygamy, as well as the regulation of polygamy in Indonesian legislation. This study employs a library research method with a normative-sociological approach. Data sources were obtained from books of tafsir, fiqh, hadith, Islamic legal literature, and laws and regulations related to marriage in Indonesia. The findings indicate that Islam permits polygamy under very strict conditions, particularly regarding the husband’s ability to act justly both materially and emotionally. However, justice in emotional aspects and affection is considered very difficult for ordinary people to achieve, as emphasized in Qur'an Surah An-Nisa verse 129. In Indonesian positive law, the primary principle of marriage is monogamy, while polygamy is only permitted under certain circumstances with administrative requirements and court approval. This study concludes that the practice of polygamy in the modern era should be understood contextually by considering aspects of public welfare (maslahah), the protection of women’s rights, family justice, and the primary objectives of Islamic law in establishing a harmonious family characterized by sakinah, mawaddah, and rahmah.             
Dampak Nikah Shigar Terhadap Generasi Muda Farhan Abbas; Riyadhul Jinan; Raia Humaini; Aditia Lahakam; Hikmatullah Hikmatullah
TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah Vol. 3 No. 2 (2026): JUNI :TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/tadhkirah.v3i2.545

Abstract

The impact of sighar marriage on the younger generation from the perspective of Islamic law, social, and psychological. The main problem raised is the practice of marriage without dowry which places women as objects of exchange, thus ignoring their rights and causing the invalidity of the contract according to a number of scholars. The purpose of this study is to analyze the social, legal, and religious consequences of sighar marriage and its implications on the formation of children's identity and family resilience. The research method uses a literature study with a normative-comparative approach, referring to classical fiqh literature, hadith, and contemporary academic studies that compare the views of the Shafi'i, Maliki, Hanbali, and Hanafi schools. The results of the study show that nikah syighar has an impact on the neglect of women's rights, the normalization of objectification, household instability, the crisis of children's identity, and the weakening of family institutions. In addition, this practice is contrary to maqasid al-shari'ah, thus undermining the sacred value of marriage as worship and a means of moral development. These findings underscore the need for Islamic family law regulation and education to protect the younger generation from the practice of illegal and harmful marriage.
Dampak Pernikahan Usia Muda terhadap Keharmonisan Keluarga Perspektif Hukum Islam Sarah Azami; Abi Yazid Albustomi; Ananda Putra Syach Fadhilah; Muhammad Said Ramdan Hardiana; Hikmatullah Hikmatullah
TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah Vol. 3 No. 2 (2026): JUNI :TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/tadhkirah.v3i2.548

Abstract

Marriage at an early age remains widespread, especially among communities with limited education and financial resources. This study aims to analyze the impact of early marriage on harmony in household life. The research model we employed was a library research design. The approach used was descriptive qualitative through literature review, referring to scholarly sources and secondary data from reputable journals published in the last five years. Findings indicate that the mental unreadiness of both parties (husband and wife) who marry at an early age can lead to instability in household life and increase the risk of marital failure or reduced family harmony. Young couples commonly face challenges in maintaining healthy communication, making joint decisions, and coping with financial pressures, all of which contribute to domestic conflict. In addition, emotional immaturity and limited life experience are also primary causes of disharmony within the family. Therefore, there is a need to improve education and public awareness about the importance of age maturity and mental readiness before marriage in order to create stable and harmonious households. Thus, it is necessary to increase education and public awareness about the importance of age maturity and mental readiness before marriage, in order to create a stable and harmonious household.
Wanprestasi dalam Akad Ijarah pada Platform Jasa Ojek Online: Tinjauan Hukum Ekonomi Syariah Bunga Lexsa Angelia
TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah Vol. 3 No. 2 (2026): JUNI :TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/tadhkirah.v3i2.552

Abstract

The rapid development of digital service platforms, particularly online motorcycle taxi services, has transformed modern economic transaction patterns, where the relationship between drivers and consumers is categorized as an ijarah (service lease) contract. However, in practice, various forms of breach of contract (wanprestasi) frequently occur and potentially harm one of the parties. This study aims to analyze the concept of the ijarah contract, identify the forms of wanprestasi, and review them based on Sharia Economic Law principles. This qualitative normative research employs a literature-based approach, utilizing secondary data from classical fiqh books, DSN-MUI fatwas, the Indonesian Civil Code, and reputable academic journals, which are analyzed descriptively-analytically. The findings reveal that breaches occur in three typologies: unilateral cancellation by consumers (ta'addi), negligence and fictitious account manipulation by drivers (taqshir and tadlis), and disproportionate cancel fee policies by platforms, indicating structural dzulm. From a sharia perspective, the settlement of wanprestasi requires compensation (ta'widh) calculated based on actual loss without riba elements, while classifying technical obstacles as force majeure under a fault-based liability approach. This study implies the need to reconstruct the digital ecosystem so that it is not only formally valid but also enforces substantive justice based on maslahah (public interest), al-‘adl (justice), mas,uliyyah (responsibility), and tawazun (proportional balance)
Nusyuz dalam Rumah Tangga Perspektif Fiqih Munakahat Naufal Akbar; Aniq Saeful Rosyad; Adit Munandar; Linda Amelia; Hikmatullah Hikmatullah
TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah Vol. 3 No. 2 (2026): JUNI :TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/tadhkirah.v3i2.553

Abstract

Within the framework of Islamic family law (fiqh munakahat), the issue of nusyuz plays a significant role, as it is closely related to maintaining harmony and stability in the marital relationship. Generally, nusyuz is often defined as a form of a wife’s disobedience toward her husband. However, Islamic jurisprudence acknowledges that nusyuz can also be committed by a husband if he fails to fulfill the rights, responsibilities, and obligations he owes to his wife, in accordance with the principles of Sharia. This study aims to provide a comprehensive analysis of the concept of nusyuz in the context of family life, from the perspective of fiqh munakahat. The discussion covers the meaning and characteristics of nusyuz, its legal basis in Islamic sources, the factors contributing to its emergence, its various manifestations in married life, its implications for family relationships, and existing methods for addressing this issue. This study employs a literature review method supported by a descriptive qualitative approach, drawing on relevant literature from classical and contemporary Islamic legal sources. The results indicate that resolving issues of nusyuz should be approached through a gradual and constructive process, including counseling, dialogue, mediation, consultation, and reconciliation. These steps aim to restore mutual understanding and strengthen family unity. Therefore, raising awareness of each spouse’s rights and obligations is crucial to preventing nusyuz and creating a household filled with peace, love, mutual respect, and intimacy.