JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah
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.
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80 Documents
<![CDATA[PERKAWINAN BEDA AGAMA PERSPEKTIF MAJELIS ULAMA INDONESIA ]]>
<![CDATA[Basit Misbachul Fitri, Abdul]]>;
<![CDATA[Sholeh, Moh. Badrus]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 2 (2022): Mei 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[Indonesia is a plural country, the people have different religions. This is in accordance with Article 29 paragraph 2: "The state guarantees the freedom of everyone to embrace their respective religions and to worship according to their religion and beliefs. Mixed marriages are marriages between people who in Indonesia are subject to different laws. Different laws can occur because of religious differences (interreligeus) such as marriages between Muslims and Christians, or because of differences in law because of differences in countries. This article focuses on the study of interfaith marriages according to the fatwa mui, by providing a comparison with the law according to several religions in addressing interfaith marriages. The purpose of this article is to provide an understanding and explanation of interfaith marriages which are still being debated in society. In the context of the Islamic view, it is forbidden to marry people who are not of the same religion, in principle Protestantism, Catholicism, Hinduism, Buddhism, and Confucianism forbid PBA even though there is a dispensation to continue. Interfaith marriages are haraam and illegitimate. The marriage of Muslim men and women of Ahl al-Kitab, according to qaul mu'tamad, is haraam and illegitimate. This is also in accordance with the MUI fatwa.]]>
<![CDATA[IJTIHAD SEBAGAI MODEL PENGEMBANGAN HUKUM ISLAM ]]>
<![CDATA[Huda, Afiful]]>;
<![CDATA[Nur Hidayati, Ilma]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 2 (2022): Mei 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[The Qur'an is the first and foremost source of Islamic law. While the Sunnah is the second source of Islamic law. However, Muslims realize that generally the legal provisions contained in the Qur'an and Sunnah are still general in nature and ijmal, do not cover comprehensive and detailed details, so it is felt that ijtihad is very necessary to respond to various problems that arise. The process of developing Islamic law is certainly inseparable from scientific principles, in the sense that Islamic law must be developed scientifically. Therefore, the process of developing Islamic law cannot deny the previous legal thought. The development of Islamic law can be done through several models of ijtihad such as ijthad jama'i and ijtihad fardi, as well as ijtihad intiqa'i and insya'i.]]>
<![CDATA[KONSEP KHITBAH DALAM ISLAM ]]>
<![CDATA[Mustakim, Ahmad]]>;
<![CDATA[Kholipah, Nurul]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 2 (2022): Mei 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[In Islam, the issue of marriage is one of the urgent issues regulated in various teachings. The Qur'an and as-Sunnah, the two main sources of Islamic teachings, have much to say on this issue. One of the problems related to premarital issues is the issue of khitbah, namely the proposal (to apply) or the meaning of asking a woman to marry in a way and media commonly known in the community. Khitbah is the process of asking for approval from a woman to become a wife to a man or a man's request for a woman to be a prospective wife. This article focuses on the study of the concept of khitbah in Islam which explains the limitations or issues that need to be done before marriage (premarital). The purpose of this article is to provide khitbah guidelines in the view of Islam to people who are about to get married, so that they are in accordance with Islamic law. As for the types of sermons, there are direct (clear and indirect speech, namely by using sarcastic speech. In making a proposal, you should do it politely and in accordance with local customs. There are several provisions that the suitor needs to know when making a proposal Namely: 1) The suitor may see the woman being proposed to the extent permitted by syara', such as the face and palms. The reason is because by looking at the woman he is marrying will provide a guarantee for the continuity of the husband and wife relationship. 2) Recognize the characteristics of the candidate he is proposing. As well as knowing his face, a suitor also has the right to know the character of the candidate he is proposing. However, in this case the suitor may only ask people close to women. 3) The suitor and the woman he proposes cannot be alone together.]]>
<![CDATA[HISTORITAS REFORMULASI FILSAFAT HUKUM ISLAM DARI MASA KLASIK HINGGA KONTEMPORER ]]>
<![CDATA[Burhanudin Ubaidillah, M.]]>;
<![CDATA[Maria Ulfa, Ana]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 2 (2022): Mei 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[The term Philosophy of Islamic Law is used by Islamic jurists very carefully because the word philosophy is not found in Islamic law sources, but the equivalent meaning according to experts is wisdom. Epistemicly, some expressions show more to an encouragement for the importance of loving wisdom or knowledge. The philosophy of Islamic law as a methodology of thought in subsequent developments is identified with Usul al-fiqh as a methodology for determining Islamic law which contains philosophical elements with rational reasoning. This article focuses on the historical study of the reformulation of Islamic Law Philosophy between Divine Law and Man-Made Law from the classical period (pre-codification) and post-codification of Islamic Law Philosophy. The purpose of this article is to describe the phases of the reconstruction & reformulation of the pre-codification and post-codification of Islamic Legal Philosophy. Efforts to reconstruct & reformulate the Philosophy of Islamic Law prove the richness of the spirit of Islam in building universal benefit and emphasize that the Philosophy of Islamic Law is the result of human reasoning that reflects the plurality of thoughts.]]>
<![CDATA[NIKAH MUHALLIL PERSPEKTIF EMPAT MADZHAB ]]>
<![CDATA[Maryam Qurotul Aini, Siti]]>;
<![CDATA[Ainiyah, Hilmi Huriyatul]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 2 (2022): Mei 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[This article aims to reveal the views of the imams of the four schools of thought. The approach used is normative. Muhallil marriage is a marriage that is carried out to justify a person who has done triple talaq to immediately return to his wife with a new marriage. If a person has divorced his wife three times, either in one period or at different times, then the husband may no longer marry his ex-wife unless the wife has married another man, then divorces and her iddah expires. The purpose of marrying another man is not just doing a marriage contract, but having sexual relations as is the case for husband and wife life in general, then divorcing him properly so that the first husband can marry his ex-wife.]]>
<![CDATA[BATASAN KETAATAN ISTRI TERHADAP SUAMI DALAM MENGGAPAI RUMAH TANGGA SAKINAH MAWADDAH WA RAHMAH DALAM PANDANGAN ISLAM ]]>
<![CDATA[Mudaí, Syaiful]]>;
<![CDATA[Mahmudah, Qoniatul]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 2 (2022): Mei 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[Marriage is a life process that is lived by humans and requires maturity and self-preparation from the husband and wife. To achieve the ideals of a peaceful and happy family, wisdom and responsibility are needed. Islam teaches the importance of cultivating intimate love and maintaining affection in the family. This article is focused on discussing the limitations of a wife's obedience to her husband in the view of Islam. While the purpose of this article is to explain the points or limitations of obedience that a wife needs to pay attention to in running the household, so that there is no discrimination against a wife. This is to support the creation of a sakinah mawaddah wa Rahmah family. The basic principle of building a sakinah mawaddah wa rahmah family in the view of Islam is choosing a life partner according to Islamic instructions. Then after entering the household gate, the husband and wife must fulfill their respective rights and obligations. If the rights and obligations are carried out correctly and sincerely, a sakinah mawaddah warahmah household will be established. The limitation of the wife's obedience to her husband in reaching the sakinah mawaddah warahmah household in the Islamic view is obedience in terms of goodness, not in disobedience.]]>
<![CDATA[PRINSIP DAN ASAS HUKUM PERKAWINAN DALAM PERATURAN PERUNDANGAN INDONESIA ]]>
<![CDATA[Umami, Hafidhul]]>;
<![CDATA[Nabila, Mar'atun]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 2 (2022): Mei 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[Legislation in Indonesia regulates the principles and principles of marriage law. Law No. 1 of 1974 states that the purpose of marriage is to form a happy and eternal family. Marriage must also be carried out according to religious rules and be registered. The marriage law in Indonesia also adheres to the principle of monogamy, physical and psychological readiness of the bride and groom through maturity of marriage age, making divorce difficult and balancing the rights and obligations of husband and wife.]]>
<![CDATA[KAJIAN HUKUM TENTANG PERNIKAHAN DINI ]]>
<![CDATA[Misbahul Amin, M.]]>;
<![CDATA[Wahid, Abdurrohman]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 2 (2022): Mei 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[To bridge the realization of marriage in accordance with the purpose of the marriage, the marriage law No. 1 of 1974 has determined and stipulates the basics that must be carried out in marriage. One of them is article 7 paragraph 1 which reads "Marriage is only permitted if the man has reached the age of 19 years and the woman has reached the age of 16 years" and in the next paragraph states that if there are deviations in article 7 paragraph (1) can ask for dispensation at the court or other official appointed by both parties, both male and female. Later article 7 of Law no. 1 of 1974 concerning the minimum age for marriage was revised by Law no. 16 of 2019 which states that marriage is only permitted if a man and a woman have reached the age of 19 (nineteen years). Early marriage has the potential to cause various impacts on family harmony, due to lack of physical and psychological preparation in forming a sakinah family. Although in fiqh there is no explicit minimum age for marriage, for the benefit of the state, this is necessary.]]>
<![CDATA[RELASI HUKUM ISLAM DAN KEKUASAAN SERTA PERBEDAANNYA DENGAN HUKUM BARAT ]]>
<![CDATA[Shinwanudin, M.]]>;
<![CDATA[Zuhriyyah, Lailatuz]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 2 (2022): Mei 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[Discussing the current relation of Islamic law and power, the position of Islamic law in the legal system in Indonesia is increasingly gaining juridical recognition with the enactment of Islamic law in the form of rules and regulations which have implications for the existence of social, cultural, political and legal institutions. The difference between Islamic law and Western law comes from the source of each law. Islamic law is taken from the texts of the Qur'an and Sunnah, ijma' and qiyas. While the Western legal system is a modern legal concept adopted by the majority of nations in the world.]]>
<![CDATA[PENDEKATAN MAQASHID AL-SYARIAH SEBAGAI METODE PENGGALIAN HUKUM ISLAM ]]>
<![CDATA[Hafidz Miftahuddin, Abdul]]>;
<![CDATA[Mariyatul Qibtiyah, Ulfa]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 2 (2022): Mei 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[Maqashid al-Sharia are legal provisions prescribed by Allah for the benefit of mankind. The general purpose of making sharia or law is to realize benefits for humans in this life, either by obtaining benefits for them, by rejecting the harm from themselves. The division of maqashid sharia can be seen from various aspects, namely from the objectives there are maqashid al-syari and maqashid al-mukallaf. Judging from the needs and their influence on the law there are maqashid al-dharuriyyat, al-hajiyyat, and al-tahsiniyyat. Judging from the scope, there are maqashid al-ammah, maqashid al-khassah, and maqashid al-juziyyah. Judging from the strength there are al-maqashid al-qatiyyah, al-maqashid al-zanniyyah, al-maqashid al-wahmiyah.]]>
