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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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ATERNATIF PREVENTIF KEKERASAN DALAM RUMAH TANGGA PERSPEKTIF AL-QUR’AN DAN SUNNAH Ubaidillah, M. Burhanuddin; Ashdaf, Tanthowy
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 1 (2023): Nopember 2023
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

The reality shows that many wives experience domestic violence. From mass media information, both print and electronic media, it is known that domestic violence is a concerning issue. The violence perpetrated by husbands against wives takes various forms and can be broadly categorized into four types: physical violence, psychological violence, sexual violence, and economic violence. Hadith that informs that angels will curse a wife if she refuses to fulfill her husband's sexual needs needs to be understood accurately and should not be interpreted as applicable in any situation. In reality, some husbands force their wives to satisfy their sexual desires during menstruation, postpartum bleeding, or engage in anal sex. There are also cases where sexual relationships are initiated with physical violence, causing wives to feel raped by their own husbands. Some husbands force their wives into prostitution, and many husbands neglect the clothing and food needs of their family members, resulting in their wives and children being abandoned. This article focuses on four types of domestic violence from an Islamic perspective according to the Qur'an and Sunnah. First, physical violence. Second, psychological violence. Third, sexual violence. Fourth, economic violence. The aim is to build an Islamic understanding against domestic violence so that perpetrators can recognize their wrongdoing, provide advocacy for victims of domestic violence, and offer preventive alternatives.
Sumber-Sumber Hukum Islam Arofik, Slamet; Rofiah, Ayu Fadlilatur
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 1 (2023): Nopember 2023
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Fiqh is a "new discovery" that arises from the interpretation of the texts of the Qur'an and Hadith that have Dzanny al-Dilalah nature and from new matters that have never been the object of study before. Examining Fiqh cannot be separated from studying and analyzing the sources of legal rulings, commonly known as Mashadir al-Shari'ah or Mashadir al-Ahkam al-Shar'iyyat (sources of Islamic law). Typically, in the books of Usul al-Fiqh, it is mentioned that the sources of Islamic law or Adillah al-Shar'iyyah can be broadly grouped into two categories: sources agreed upon/recognized by the majority of scholars (Muttafaq 'Alaih) and sources that not all scholars acknowledge and use (Mukhtalaf Fiih). Muttafaq 'Alaih sources are divided into two: those with no disagreement, and this type includes only two, the Qur'an and the Sunnah, while Muttafaq 'Alaih sources with some disagreement, although weak, also include two, Ijma' and Qiyas. Thus, the sources of Islamic law constitute a collection of evidence, and these pieces of evidence are sometimes revelations and sometimes not in the form of revelation.
NUSYUZ DAN SOLUSINYA DALAM ISLAM Fitri, Abd. Basit Misbachul; Hi’mah, Ika Izzatil
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 1 (2023): Nopember 2023
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Nusyuz can occur in married life. Both parties, the husband and the wife, can engage in nusyuz by neglecting the duties that they should fulfill properly. This article discusses the definition of nusyuz, the classification of nusyuz, factors causing nusyuz, and solutions if nusyuz occurs. Although both spouses can engage in nusyuz, there are differences in the solutions for nusyuz by the wife and the solutions for nusyuz by the husband. Nusyuz actions need to be anticipated so that married life can be sakinah, mawaddah wa rahmah, with each spouse fulfilling their duties properly.
KEDUDUKAN ‘URF DALAM HUKUM ISLAM Fariqoini, Azimatul; Aini, Siti Maryam Qurotul
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 1 (2023): Nopember 2023
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

In general, 'urf or custom is practiced by all fiqh scholars, especially among the Hanafi and Maliki scholars. Maliki scholars use 'urf or the traditions prevalent among the people of Madinah as a basis for establishing laws and prioritize it over isolated hadiths. Shafi'i scholars often employ 'urf in matters where the legal provisions are not explicitly defined in Sharia or in language usage. The reason scholars accept and utilize 'urf is based on a hadith narrated by Abdullah ibn Mas'ud, as reported by Imam Ahmad in his Musnad, which states: "Whatever the Muslims consider good, it is good in the sight of Allah." Additionally, scholars consider the principle of maslahah (public welfare), meaning that people will face difficulties if 'urf is not considered. Scholars even regard it as a "required condition." When a law is established based on 'urf, its strength is considered equivalent to a law based on explicit textual evidence.
PERGESERAN PARADIGMA PENANGGUNGJAWAB NAFKAH KELUARGA:ANALISIS UU PERKAWINAN DAN GENDER Mustakim, Ahmad; Huda, Afiful
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 1 (2023): Nopember 2023
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

This research responds to the changing societal paradigms regarding family financial responsibility, which traditionally were assigned solely to husbands, as stipulated in Islamic law and marriage regulations. However, the globalization era, marked by intense competition, has shifted individuals' roles away from femininity norms that predominantly consider gender factors, towards competitiveness and skills. Women, as wives, also contribute to supporting their husbands' responsibility for providing family financial support. Wives are not limited to being homemakers addressing household issues but also participate in the public sphere as contributors to family financial sustenance. The research aims to examine this societal paradigm shift through the analysis of Marriage Law and gender perspectives, exploring how Marriage Law and gender views respond to the evolving paradigm of financial responsibility, no longer exclusive to husbands but also shared with wives. The findings indicate that the financial responsibility remains primarily placed on the head of the household, i.e., the husband. However, Islamic law and Marriage Law do not prohibit wives from assisting in earning a livelihood for their families. In fact, Islamic law permits wives to contribute to family financial support. Nevertheless, the natural role of a homemaker mandates that a wife must still care for and nurture her children and fulfill her duties towards her husband, even if she actively contributes to supporting the family financially. From a gender perspective, there is no issue with women assisting in family financial matters or engaging in public activities, as long as they do not neglect their primary responsibilities as husbands and wives. The concept of gender emphasizes equality in roles and responsibilities between husbands and wives, both in the public and domestic spheres.
KONSEP WARIS ŻAWIL ARHAM MENURUT MAZHAB SYAFI’I DAN HAMBALI Fadheli, Mohammad Farid; Umami, Hafidhul
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 1 (2023): Nopember 2023
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

The issue of inheritance in Islam is presented most comprehensively by the Quran and can be considered thoroughly addressed. Inheritance poses a sensitive and challenging problem in court institutions. The study of inheritance law is undertaken to preserve family harmony, as it involves the distribution of property among the heirs left behind. Heirs can be categorized into three groups:1. żawil furudl. 2. ‘ashabah. 3. żawilarḥam. Scholars agree that żawil furudl and żawil ‘ashabah are the heirs of the deceased. Regarding the inheritance rights of żawilarḥam (heirs who do not have a specific share or inheritance right, both in the Quran and Sunnah, i.e., those who have a blood relationship with the deceased only through the female side), scholars do not unanimously agree. According to the majority of the Shafi'i school, żawil arḥam is not entitled to inherit, and the rightful recipient is the baitul mal, due to the absence of clear guidance regarding żawil arham. On the other hand, according to contemporary scholars of the Shafi'i school, if the baitul mal is not organized, then the inheritance is given to the heirs of żawil arham. Meanwhile, according to the Hanbali school, żawil arham is entitled to inherit because they are heirs with a blood relationship to the deceased.
KONSEP RUJUK NIKAH DALAM PERSPEKTIF EMPAT MADZHAB Shinwanuddin, Muhammad; Amin, M. Misbahul
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 1 (2023): Nopember 2023
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

This research responds to the changing societal paradigms regarding family financial responsibility, which traditionally were assigned solely to husbands, as stipulated in Islamic law and marriage regulations. However, the globalization era, marked by intense competition, has shifted individuals' roles away from femininity norms that predominantly consider gender factors, towards competitiveness and skills. Women, as wives, also contribute to supporting their husbands' responsibility for providing family financial support. Wives are not limited to being homemakers addressing household issues but also participate in the public sphere as contributors to family financial sustenance. The research aims to examine this societal paradigm shift through the analysis of Marriage Law and gender perspectives, exploring how Marriage Law and gender views respond to the evolving paradigm of financial responsibility, no longer exclusive to husbands but also shared with wives. The findings indicate that the financial responsibility remains primarily placed on the head of the household, i.e., the husband. However, Islamic law and Marriage Law do not prohibit wives from assisting in earning a livelihood for their families. In fact, Islamic law permits wives to contribute to family financial support. Nevertheless, the natural role of a homemaker mandates that a wife must still care for and nurture her children and fulfill her duties towards her husband, even if she actively contributes to supporting the family financially. From a gender perspective, there is no issue with women assisting in family financial matters or engaging in public activities, as long as they do not neglect their primary responsibilities as husbands and wives. The concept of gender emphasizes equality in roles and responsibilities between husbands and wives, both in the public and domestic spheres.
HAK DAN KEWAJIBAN SUAMI ISTRI DALAM PERNIKAHAN Muda’i, Syaiful; Rohman Wahid, Abdur
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 1 (2023): Nopember 2023
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

In married life, everyone desires and aspires to have a prosperous and happylife, full of love, harmony and even being able to achieve all their goals anddreams. Husbands love their wives, wives love and respect their husbands.Children respect and obey their parents and in turn both parents areresponsible, provide for all their needs and protect them. It's truly a miniaturelife that every person dreams of. Therefore, many figures and public figuressay and quite a few of the realities of life also state that wealth and wealth arenot the key to happiness and are not everything. A family is said to be happy ifthe rights of husband and wife are fulfilled. The fulfillment of two basic needs,namely physical needs and spiritual needs of each husband and wife. Includingphysical life is clothing, food, health and education. Meanwhile, spiritual needsinclude fulfilling both religious and other scientific education.
Pernikahan Childfree Perspektif Imam Al-Ghazali Dalam Kitab Ihya’ Ulumuddin Nawawi, Ghufron; Miftahuddin , Abdul Hafidz
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 1 (2023): Nopember 2023
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Marriage is not merely a contractual agreement but holds intrinsic religious value. Therefore, entering into a marital union is an honorable path ordained by Allah to fulfill biological needs as a divine blessing. One of the objectives of marriage is to preserve the biological relationship between man and woman, aimed at nurturing a sacred lineage. However, societal advancements and changing mindsets, particularly in countries like France, England, and the Netherlands, have led some individuals to perceive having children as an additional burden. Consequently, certain families choose not to have children, whether biological, adopted, or stepchildren, a lifestyle commonly referred to as "childfree." The term "childfree" comprises two words: "child," referring to offspring, and "free," signifying freedom. Childfree is a personal choice to abstain from having children, whether before or after marriage, encompassing biological, adopted, or stepchildren. When analyzing childfree marriages through the lens of the book "Ihya’ Ulumuddin," they can be categorized into two types: permissible and impermissible childfree. Permissible childfree marriages include those where contraception methods such as 'azl (coitus interruptus) are employed or when the decision is based on personal reasons such as concerns about the challenges of raising many children and financial considerations. On the other hand, impermissible childfree marriages involve psychological or medical reasons and environmental considerations.
TINJAUAN HUKUM WARIS PERSPEKTIF HUKUM PERDATA MENURUT BURGERLIJK WETBOEK Kholik, Khusnul; Nur Millati, Etik
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 1 (2023): Nopember 2023
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.

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