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[Pembatalan Pernikahan (Fasakh Nikah) Dalam Berbagai Legislasi ]]>
<![CDATA[Slamet Arofik]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 2 No. 1 (2022): Nopember 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[In a marriage, sometimes something happens that causes the marriage to no longer be continued or the marriage is cancelled. fashak nikah is one part of the occurrence of marriage annulment, when fashak occurs, of course there are characteristics or signs why, fashak nikah can occur. These signs are more to the pillars and conditions of marriage determined by the Shari'ah. fashak is a termination of marital relations from the court that is reported by one party, either from the wife or from another party, who knows there is a discrepancy with the law of marriage which makes them unable to achieve the goals of the marriage.]]>
<![CDATA[Tinjauan Hukum Islam Terhadap Sebab Dan Halangan Waris-Mewaris ]]>
<![CDATA[Siti Maryam Qurotul Aini]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 2 No. 1 (2022): Nopember 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[The problem of dividing inheritance from the past, now and even in the future is a common thing. Lack of knowledge of Islamic law governing inheritance is one of the reasons this phenomenon occurs. This paper is here to explain how the causes and barriers to inheritance inherit the perspective of Islamic law. This study concludes that the distribution of inheritance to the heirs is in accordance with the provisions of the Qur'an, As-Sunnah, and the agreement of the Ulama (ijma'). This begins by giving inheritance to ashhabul furudh (heirs whose share has been determined). There are three reasons for inheritance, namely: true kinship (those with nasab ties), marriage, al-wala. Meanwhile, there are three reasons for not getting an inheritance, namely: a servant or slave, because of killing, and differences in religion. Mahrum is a term for someone who belongs to one of the three causes that can invalidate his inheritance rights. While mahjub is the loss of one's inheritance rights because there is an heir who is closer to the heir.]]>
<![CDATA[Akibat Hukum Menikahi Wanita Hamil Sebab Zina ]]>
<![CDATA[Ahmad Mustakim]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 2 No. 1 (2022): Nopember 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[Marrying a pregnant woman due to adultery is the marriage of a man with a woman who is already pregnant, either by being impregnated before marriage or impregnated by someone else before being married by a person who is not the father of the child. The legal basis for marrying a pregnant woman due to adultery can be found in Surah an-Nur:3. The law regarding marrying a pregnant woman due to adultery can be viewed from two perspectives: a) The man who marries is the adulterer's partner, and b) The man who marries is someone else. Scholars unanimously agree that a child born out of wedlock is considered a child of adultery if the man marrying the woman is not the one who impregnated her.]]>
<![CDATA[Nikah Bawah Tangan Dan Itsbat Nikah ]]>
<![CDATA[Abd. Basit Misbachul Fitri]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 2 No. 1 (2022): Nopember 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[Underground marriage, also known as "pernikahan dibawah tangan" in Indonesian, refers to a marriage that is conducted secretly without the presence of anyone except the individuals getting married. This type of marriage is hidden from the public and is not officially recorded by authorized institutions. Underground marriages are considered valid according to religious principles (if the conditions and requirements are fulfilled), but they lack legal recognition from the state. The Indonesian Council of Ulama (Majelis Ulama Indonesia or MUI) issued a fatwa in 1980 stating that "underground marriage is valid if the conditions and requirements of marriage are fulfilled, but it is forbidden if there are harmful consequences. Marriages should be officially recorded by the relevant authorities as a preventive measure to reject negative impacts (madharat or harmful consequences). "Underground marriages have negative legal implications, particularly for the husband, wife, and their children, in terms of psychological, administrative, lineage, economic, and even religious aspects. The harmful consequences outweigh the benefits. This type of marriage can be resolved by applying for a marriage determination (itsbat nikah) in the Religious Court through a judicial process that meets the legal requirements. The purpose of itsbat nikah is to establish order in marriage within society and ensure the protection of the rights of those involved in the marriage.]]>
<![CDATA[Ihdad Bagi Wanita Karir ]]>
<![CDATA[Syaiful Muda’i]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 2 No. 1 (2022): Nopember 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[The conflict arising from career women and the considerations that may affect the laws of iddah and ihdad can be viewed within the context of the conflicting circumstances they face, which deviate from the original intent of the laws. Considering the need and urgency present, these laws can become more effective for career women and more humane in the millennial era. Meanwhile, emphasizing adornment during the ihdad period for women in their iddah is seen as a means to attract attention from men. In this case, the priority and purpose of ihdad can be eliminated by the need and urgency (emergency situation). Therefore, the law of mediation follows the priority of the law's objective. This means that career women are not subjected to ihdad (it is allowed for them), but they are still required to observe the iddah period. Adorning oneself for career women is a job requirement aimed at preserving their employment so that they can sustain themselves financially. It's important to note that the interpretation and application of these laws can vary within different cultural, religious, and legal contexts. The specific guidelines and practices may differ based on the specific beliefs and rulings of religious scholars or legal authorities in a particular jurisdiction.]]>
<![CDATA[Perjodohan Dalam Pandangan Islam ]]>
<![CDATA[M. Misbahul Amin]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 2 No. 1 (2022): Nopember 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[Arranged marriage is not prohibited in Islamic law, unless the arrangement is forced and the individual being arranged is not consenting to it. A guardian (wali) is not allowed to impose their will and marry off someone under their guardianship without their permission. If a person has been forcibly married, they have the right to choose whether to continue or annul the marriage. Both the state and religion prohibit forced marriages. It's important to note that cultural practices and interpretations of religious laws may vary, and these statements reflect a general understanding of the principles related to arranged marriages in Islam. Specific rulings and practices may differ based on the interpretation of scholars and the legal framework of a particular region or community.]]>
<![CDATA[Eksistensi Perkawinan Prespektif Fiqh ]]>
<![CDATA[Abdul Hafidz Miftahuddin]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 2 No. 1 (2022): Nopember 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[Marriage is considered a blessing and a gift from Allah, through which individuals can continue their lineage and fulfill the Sunnah (teachings) of the Prophet. However, in order to enter into a valid marriage, certain conditions and pillars must be fulfilled according to Islamic law. These include: the presence of a prospective husband and wife, the presence of a guardian for the woman, two just witnesses, and the recitation of the marriage contract (ijab and qabul). The requirements include: the woman being permissible for marriage, the presence of witnesses during the marriage contract, and mutual agreement between the two parties. These are the essential elements that should be understood when it comes to marriage.]]>
<![CDATA[Kriminalisasi Poligam Di Negara Muslim Pada Era Kontemporer ]]>
<![CDATA[M. Burhanuddin Ubaidillah]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 2 No. 1 (2022): Nopember 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[Polygamy can be likened to a double-edged sword. On one hand, polygamy is rejected with various normative arguments, citing the psychological well-being of women, both mentally and in terms of fairness. Western writers often accuse polygamy as evidence of Islamic teachings, particularly in the field of marriage, marginalizing women. On the other hand, polygamy is advocated because it has a strong normative basis and is seen as one alternative to address the phenomena of infidelity and prostitution. Polygamy practitioners find support from religious law aspects that permit polygamous practices up to the fourth wife if the husband is capable of providing and treating his wives justly. Supporters of polygamy consider it unnatural for the state to ban polygamy, let alone threaten illegal polygamists with criminal sanctions categorized as minor offenses (rechtsdeliktern). This article focuses on studying the issues of criminalizing polygamy and its practices in Muslim countries using a normative law research approach. The objective of this article is to contribute to the understanding of criminal penalties for polygamy practitioners in Muslim countries.]]>
<![CDATA[Praktik Iddah Bagi Wanita Karir ]]>
<![CDATA[M. Shinwanuddin]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 2 No. 1 (2022): Nopember 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[In the view of Islamic law, a woman has the obligation of observing "ihdad" during her waiting period (iddah) after being divorced by her husband or due to the death of her husband. She is not allowed to leave the house and must refrain from getting married again until her iddah period is over. It is also obligatory for the woman to observe "ihdad" by refraining from beautifying herself or engaging in activities that may attract the attention of men who are not her husband. A woman who has been widowed is allowed to leave the house during the day and part of the night, but she must not spend the night anywhere except in her own home. On the other hand, a woman who has been divorced, whether through revocable divorce (talak raj'i) or irrevocable divorce (talak bain), is not allowed to leave her house during the entire iddah period, whether day or night. Followers of the Shafi'i school of thought believe that if a woman is widowed, she has two obligations: "ihdad" and remaining in the house. However, this does not mean that the opportunity to leave the house is completely closed according to the Shafi'i school of thought. As explained earlier, even though a woman who has lost her husband or has been divorced is generally not allowed to leave the house, if there is a legitimate reason (uzur syar'i), she is allowed to do so.]]>
<![CDATA[Perihal Hukum Material Perkawinan Di Indonesia Pra Perkawinan ]]>
<![CDATA[Hafidhul Umami]]>
<![CDATA[ JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 2 No. 1 (2022): Nopember 2022 ]]>
Publisher : <![CDATA[ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk ]]>
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<![CDATA[Giving a dowry (mahar) is part of the principles in marriage law. The dowry must be given by the groom to the prospective bride in a form agreed upon by both parties. The dowry is often interpreted as a gift or offering. It is preferred that the dowry is simple and does not burden the prospective spouse, considering that the real essence of marriage lies in the life after the marriage ceremony. The dowry is not considered a fundamental requirement of marriage. According to the Indonesian Compilation of Islamic Law (KHI), the dowry is defined as a gift. It can take various forms, such as money, goods, or services, as long as it does not contradict Islamic law. The principles of marriage are as follows: a. Voluntary principle, b. Principle of consent, c. Principle of free choice.]]>
