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JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah
Published by Sekolah Tinggi Agama Islam Darussalam Ngnjuk
ISSN : 29629403     EISSN : -     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Jurnal Jas Merah: Jurnal Hukum dan Ahwal Syakhsiyyah, merupakan jurnal Hukum Keluarga Islam dan hukum perdata di Indonesia yang terbit secara berkala pada bulan Nopember dan bulan Mei. Memuat kajian-kajian tentang hukum antara lain perkawinan, perceraian, rujuk, pewarisan, hibah, wakaf, wasiat, dan hukum perdata lainnya di Indonesia. Jurnal Jas Merah dimaksudkan sebagai media publikasi karya akademis para peneliti, baik dari kalangan akademisi (mahasiswa dan dosen), praktisi (hakim, panitera, pengacara, dll), serta penulis di bidang hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 80 Documents
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Teori Maqosid Syari'ah Perspektif Ulama Modern dan Kontemporer Burhanudin Ubaidillah, M.; Nuril Laili, Alfin
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 1 (2021): Nopember 2021
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Al-Syatibi is considered to be the father of maqashid classical scholars through his monumental work al-Muwaffaqat fi Usul al-Syariah. On the other hand, modernization was carried out by Rasyid Ridha who consented to modern cases. Thaha ibn 'Assyria with his monumental work is considered the father of modern maqashid scholars. Jasser Auda with his monumental work Maqasid al-Shariah as Philosophy of Islamic Law: A Systems Approach published by IIIT in London in 2007 is a contemporary maqashid figure who has concerns in the field of Islamic law from a very different generation. This article seeks to systematically reveal the thoughts of Modern and Contemporary Maqashid figures in using the considerations of Maqashid al-Sharia in determining the birth of legal decisions.
Wasiat Wajibah Kategori Ahli Waris Pengganti Dalam Hukum Waris Di Indonesia Basit Misbachul Fitri, Abdul; Fadhilatur Rofiah, Ayu
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 1 (2021): Nopember 2021
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

A mandatory will is a will whose implementation is not influenced or does not depend on the will or will of the deceased and must be implemented. The provisions of the mandatory will is the result of the ijtihad of the scholars in interpreting verse 180 of surah al-Baqarah. Some Uama' allow it and some forbid it. Based on the hadith about the will, the hadith from Thabit Ibn Anas that the Prophet SAW said: to Abu Talhah, "Make it for your poor and relatives", then Abu Talha gave it to Hassan and Ubay Ibn Ka'b. Rasulullah SAW, limited the will as far as possible it is not obligatory. If the heirs are rich, then shadaqah is recommended to be different from the settlement of debts and zakat. If seen from the Fiqh Perspective, Maliki Ulama: wills must be addressed to people who have dependents on debt or deposited goods. Hanafiyah Scholars: A will that must be carried out due to the relationship of rights with the owner of the sample right to return the deposited goods and debts whose documents are not known. Syafiiyah scholars: will law is divided into three types, it is not permissible, it is permissible or not obligatory and the law is debated about its obligations. In a formal juridical perspective, as in civil law, article 209 of mandatory will, when compared between KHI and BW, there are similarities and the difference lies in the successor heirs. The equation is that the replacement part of the heirs is not greater than the part of the heirs being replaced. preferably grandchildren from male descendants, this is the implication of a patrilineal Arab culture based on responsibility in earning a living. In BW, because there is no difference between men and women in terms of inheritance, either from male or female offspring with a bilateral parental family system.
Ahli Waris ‘Ashabah Perspektif Hukum Keluarga Islam Arofik, Slamet; Fidaroini, Rafida
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 1 (2021): Nopember 2021
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Among the heirs who get the inheritance of the deceased are the heirs of 'ashabah. These heirs are "legally formal" their existence is mentioned in the texts from both the Qur'an and al-Hadith. However, the text does not mention literally the portion that will be obtained by this heir. As the name bears, they are the recipients of the remaining inheritance after the inheritance is distributed to ashab al-furudl. Therefore, they sometimes get more and sometimes get less. Even in certain circumstances the heirs of 'ashabah may not get a share of the inheritance at all.
Pembuktian, Alat Bukti Dan Batasan Hilangnya Status Kepemilikan Tanah (Kadaluwarsa Tanah) Umami, Hafidhul; Ula, Lia Mar'atul
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 1 (2021): Nopember 2021
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Land law in Islam can be defined as Islamic laws regarding land and its relation to ownership rights (milkiyah), management (tasharruf), and distribution (tauzi’) of land.There are still many people around us who do not really understand about the expiration limit related to the status of land ownership. Both in terms of Islamic law and in terms of state law (civil law). This if left unchecked can trigger conflicts between communities, so that enlightenment and socialization are needed to the community in order to understand about evidence, tools can be used as evidence, and expiration limits related to land ownership status.
Fungsi Tanah Dalam Hubungan Sosial Dan Permohonan Tanah Serta Prosesnya Huda, Afiful; Ainun Nadhiroh, Laili
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 1 (2021): Nopember 2021
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Land has a very important role in the life of the Indonesian nation and in the implementation of national development which is carried out as a sustainable effort to create a just and prosperous society based on Pancasila and the 1945 Constitution. Therefore, the regulation of control, ownership and use of land needs to be further directed towards increasing ensuring order in the field of land law, land administration, land use, or land and environmental selection, so that legal certainty in the land sector in general can be realized. Building Use and Use Rights as referred to in Chapter II of Law Number 5 of 1960 with Government Regulations. In view of: 1. Article 5 paragraph (2) of the 1945 Constitution; 2. Law Number 28 of 1956 concerning Supervision of Enforcement of Plantation Land Rights (State Gazette of 1956 Number 73, Supplement to State Gazette Number 1125).
Wali Adhal Serta Hubunganya Dengan Konsep Kafāah Hafidz Miftahuddin, Abdul; Wahid, Abdurrohman
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 1 (2021): Nopember 2021
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

The necessity of having a guardian in marriage is basically an agreement of the majority of scholars. One of the reasons for a guardian's reluctance in marrying his child of his own choosing is due to the lack of equality or incompetence between his child and his chosen candidate. Kafāah or kufu, in terms of language can be interpreted as equal, balanced or harmonious. A guardian who does not give permission for his child to marry on the grounds that he is not kafāah is very justified by syara'. However, wali adhol should not be used in any place, meaning that at any time a woman can use this excuse to legalize her marriage. Considering the issue of kafāah in determining the dimensions, it is very abstract, and from a legal point of view it is only a suggestion. The reason for the wali adhol should be an alternative to a very urgent problem. To be careful, then a judge should prohibit the marriage of a woman without the permission of her guardian without urgent reasons, especially if it is just a matter of kafāah.
Telaah Kritis Hukum Perkawinan Islam Perspektif Hukum Positif Di Indonesia Mudaí, Syaiful; Maghfiroh, Devi Nur
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 1 (2021): Nopember 2021
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Marriage is an inner and outer bond between two different people, namely a man and a woman. Therefore, marriage creates privileges and consequences that are only obtained when the marriage has taken place. In Indonesia, there are three products of legislation that specifically regulate marriage issues. Not only regulating marriage, furthermore, the substance regulates all issues related to marriage, starting from matters related to the pre-marital period such as the terms of marriage, the marriage period lasts such as the rights and obligations of husband and wife, until the post-marital period has broken up such as separation. wealth. The three products of these regulations are: the Civil Code or Burgelijk Wetboek, the 1974 Law on Marriage, and the Compilation of Islamic Law. All three as positive laws in Indonesia are a means of regulating marriage for the people of Indonesia.
Hukum Waris Perspektif Hukum Perdata (Burgerlijk Wetboek) Maryam Qurotul Aini, Siti; Millati, Etik Nur
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 1 (2021): Nopember 2021
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Basically inheritance is a transfer of all rights and duties of a deceased person to his heirs. The definition of inheritance law is a law that regulates the transfer of wealth left by someone who died and the consequences for his heirs. Inheritance is divided into two, namely Inheritance under the law, also called the inheritance of ab-intestato and testamentair inheritance, namely inheritance based on a testament or testament according to Burgerlijk Wetboek.
Iddah Bagi Wanita Hamil Yang Ditinggal Mati Misbahul Amin, M.; Nabila, Mar'atun
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 1 (2021): Nopember 2021
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

There are two kinds of divorce in a family, the first occurs when the husband and wife are still alive and the second occurs when one of them dies. The obligation of women when a divorce occurs is to carry out iddah. Iddah is a period that must be awaited by a woman who has been divorced from her husband so that she can remarry to find out that her womb is clean or to carry out Allah's commands. A pregnant woman whose husband dies her iddah ends in childbirth. If a pregnant woman is left behind by her husband, then this is a topic of discussion among scholars. The majority of scholars are of the opinion that the woman underwent a period of iddah until she gave birth to a child
Tinjauan Perkawinan Wanita Hamil Menurut Khi Di Indonesia Shinwanudin, M.; Zuhriyyah, Lailatuz
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 1 (2021): Nopember 2021
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Pregnant marriage is marrying a woman who is pregnant out of wedlock, either married by a man who impregnates her or by a man who does not impregnate her. The Marriage Law only implicitly regulates the marriage of pregnant women, namely in Article 2 paragraph (1). While the KHI argues that the law is legal to marry a pregnant woman due to adultery if the man who married her is the man who impregnated her. However, if the woman who marries the woman is not the man who impregnated her, then the law is invalid. This is stated in chapter VIII on pregnant marriage, article 53 KHI.Regarding the lineage of children born from such marriages, KHI gives the view that a legitimate child is a child born from a legal marriage, even though the marriage contract is carried out in a condition where the woman is pregnant out of wedlock (either because of adultery or rape) as long as the man who marries her is the man who got her pregnant.

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