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Abdul Hafidz Miftahuddin
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INDONESIA
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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KONSEP KAFA’AH PERSPEKTIF KITAB IBANAT AL-AHKAM Misbachul Fitri, Abd. Basit; Nafi’ah, Siti
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 2 (2024): Mei 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Kafa'ah in linguistic terms is المساوة والمماثالة which means balance and equal balance, while in terms it is equality between husband and wife in perfection. Kafa'ah is a factor that can encourage the creation of happiness between husband and wife and also reduce the chances of domestic conflict arising and ensure the safety of a woman from failure in building a household. Shaykh Abu 'Abdillah Al'alussy in the book Ibanat al-Ahkam provides an understanding that kafa'ah is a matter of religion. Because marriage is a religious order and is worth worship. With a religion, a person is expected to be able to carry out the teachings of his religion well. Meanwhile, other kafa'ah factors, namely lineage, wealth, employment, independence status are supporting measures. It was also emphasized that apart from religion, nowadays kafa'ah is also seen in terms of personal quality, level of intellectual intelligence and level of education, in this way we are able to bring a more contemporary concept that is able to meet the needs of the times.
TRILOGI EPISTIMOLOGI BAYANI, BURHANI & ‘IRFANI SEBAGAI METODE PENEMUAN HUKUM ISLAM Ubaidillah, M. Burhanuddin; Risqina, Nur Ayu
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 2 (2024): Mei 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Sharī'ah law is man-discovered law and not man-made law. Thus it can be understood that the law is not always ready to use, but must be sought and found. Legal discovery is something inherent in every legal system, including Islamic law. The need to find laws is closely related to changes and developments in human civilization. It is often found that there are many events that are not responded to clearly in the text. In mapping epistemological thought, Muhammad 'Abid al-Jabiri in his two works Takwin al-'Aql al-'Arabi and Bunyah al-Aql al-Arabi said that the culture and tradition of Islamic thought in the golden age contained three competing epistemological structures, namely : bayani (explanation), burhani (demonstration) and irfani (gnostic). Bayani epistemology is based on religious texts using a conservative approach. Burhani epistemology uses a philosophical approach, while Irfani epistemology uses a mystical approach. Therefore, this article focuses on the Bayani (Lughawi/Linguistic), Burhani (Ta'lili and Istishlahi) & 'Irfani (Tasawufi/Kasyfi) Epistemological Trilogy as a Method for Discovering Islamic Law with its respective structural patterns along with a brief explanation and example of its application.
TRADISI BUWUHAN SAAT WALIMATUL ‘URSY PERSPEKTIF MASLAHAH MURSALAH Ulfati, Mazida; Qurotul Aini, Siti Maryam
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 2 (2024): Mei 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

The term buwuh is a tradition of helping each other for people celebrating weddings. The buwuhan tradition has been going on for generations and is still maintained by the community. The implementation of buwuh begins with neighbors gathering at a celebration event to provide assistance. This assistance can be in the form of money, basic necessities, energy, thoughts and so on. This tradition aims to help each other and strengthen ties of brotherhood. In Maslahah Mursalah's view, this tradition has a positive impact, namely the implementation of the teachings of mutual help and as a feeling of empathy for family and neighbors who are holding a celebration. The buwuhan tradition is generally carried out at walimatul ursy or wedding parties by bringing rice, sugar, oil, noodles and other food ingredients. The buwuhan tradition when attending Walimatul Ursy is included in the category of Al-Maslahah al-Tahsiniyat (benefits that are complementary in nature) in terms of importance and quality, while in terms of its existence it is included in the category of Al-Maslahah Al-Mursalat (benefits that are not mentioned by the text either in denial or recognition) p. This can be used as a source of evidence for Islamic law, because it meets the requirements and brings benefits to all.
HAK IJBAR WALI DALAM PERKAWINAN WANITA HAMIL DI LUAR NIKAH DENGAN SELAIN LAKI-LAKI YANG MENGHAMILI PERSPEKTIF MAZHAB HANAFI Fadilah, Umi Nuril; Umami, Hafidhul
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 2 (2024): Mei 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Promiscuity often leads to premarital pregnancy. Then the pregnancy became one of the reasons for parents to quickly marry off their daughter, either to the man who got her pregnant or to another man, with the aim of covering up the family's disgrace. The problem is when a girl is already pregnant while dating, but a guardian does not approve of her daughter marrying a man who has impregnated her daughter. The guardian wants to marry his daughter to another man who is considered better than the man who impregnated his daughter. According to the Hanafi school of law, guardianship of women who are pregnant out of wedlock or because of adultery is only sunnah. So he is no longer the authority or authority of the mujbir guardian. If her guardian wants to marry her, he must have her consent first. As for the form of consent to marry a woman who is pregnant out of wedlock or because of adultery, according to the Hanafi school, it is equated with that of a virgin, namely simply by remaining silent.
KEWENANGAN DAN KEKUASAAN PERADILAN AGAMA Amin, M. Misbahul; Sholichah, Binty Alifatus
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 2 (2024): Mei 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

The competence or authority of religious courts is formulated as the state's power to receive, examine, adjudicate and decide, as well as resolve certain cases between people of the Islamic faith to uphold law and justice. Islamic courts include courts that handle all types of cases according to universal Islamic teachings. Therefore, wherever the principle of justice is applied, the principle of equality is applied. because there is only one Islamic law and comes from the same source of law, namely the Al-Quran and the Sunnah. Meanwhile, religious court is Islamic court in Indonesia, meaning that religious court is the term for Islamic court in Indonesia. This is because the types of cases handled are related to the Islamic religion, so that overall they are types of cases according to the Islamic religion.
DASAR WAJIB PATUH PADA UNDANG-UNDANG PERKAWINAN (UUP) DALAM KONTEKS INDONESIA Mustakim, Ahmad; Shinwanuddin, M.
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 2 (2024): Mei 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

This article aims to address the ambiguity or phenomenon developing in society regarding the obligation to comply with the Marriage Law in Indonesia. This is because Indonesians possess dual identities: as Muslims who must follow the rules of our religion, and as citizens of Indonesia who are required to adhere to the laws in force in Indonesia (Positive Law). These dual identities among Indonesian Muslims can become a serious issue if we are not wise in making decisions, especially regarding marriage. As Indonesian citizens and Muslims, we are obliged to comply with the Marriage Law because, as citizens of Indonesia, we are certainly required to follow it. This article addresses this issue by stating that the obligation to comply with the Marriage Law, when aligned with the Qur'an, can be found in Surah al-Nisa' (4:59) as a legal argument. This position arises because, in addition to being commanded to obey Allah and the Prophet, we are also commanded to obey those in authority (Ulil Amri), who, in the context of Indonesia, refers to the government/leaders. The relevance of the Marriage Law to Ulil Amri is that the Marriage Law is a product of the government. Ulil Amri includes a combination of leaders, Umara, and society working together for the welfare of the community, which means that as Indonesians and Muslims, we are obliged to obey it.
SEJARAH DAN KEDUDUKAN HUKUM ADAT DALAM PEMBANGUNAN HUKUM NASIONAL Miftahuddin, Abdul Hafidz; Shukia , Ayun
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 2 (2024): Mei 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Indonesian society encompasses a diversity of ethnicities, religions, and cultures, which have formed a unity within the Unitary State of the Republic of Indonesia. Customary law is a system of unwritten social control that is important in society to provide characteristics and identity to the nation. The concept of customary law in Indonesia originates from the term "Adatrecht," first introduced by Snouck Hurgronje and further developed by Van Vollen Hoven. Customary law is defined as unwritten rules that serve as guidelines for the majority of Indonesian society in their daily lives. Sources of customary law are distinguished into "welbron" (the concept of justice within society) and "kenbron" (the source where customary law can be found). These sources include customs, traditional culture, customary proverbs, historical documents, legal texts, and values that grow within society. The history of customary law can be divided into several periods, from before the arrival of Western nations to the post-independence era of Indonesia. The Dutch colonial period influenced the recognition and treatment of customary law, which continued into the post-independence period. Customary law holds an important position in Indonesia's national legal system. Despite being unwritten and not officially recognized, customary law is acknowledged in the 1945 Constitution. Recognition of customary law is evident in various legislative regulations, indicating the importance of preserving traditional values in the development of national law.
MALPRAKTIK DAN CONTEMPT OF COURT Huda, Afiful; Sprinda, Mila Novia
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 2 (2024): Mei 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

The research discusses two different legal phenomena that often influence public trust in the judicial system and certain professions in Indonesia. First, malpractice, which refers to unprofessional conduct by individuals in various professions such as medical, legal, accounting, and others. Second, Contempt of Court, which involves actions considered to insult or undermine the dignity of the court. In the first part, the definition and types of malpractice are outlined, with an emphasis on errors and negligence leading to patient harm or even death. This phenomenon is linked to differences in ethics, codes of conduct, and underlying legal violations. Furthermore, the discussion of Contempt of Court highlights behaviors deemed to insult or harm the credibility of the court. In the Indonesian context, the lack of specific regulations has led to the spread of this offense across various articles in criminal law, making law enforcement and consistent understanding of actions considered as "contempt" difficult. This research emphasizes the urgency of clearer and more detailed regulations regarding both phenomena to ensure justice, integrity, and public trust in the Indonesian judicial system. With more specific rules in place, it is hoped that the public will become more aware of the importance of respecting and complying with existing legal norms. Concrete cases of malpractice and Contempt of Court provide real-life examples of how these phenomena impact daily life, both through loss of life and serious disruptions to the judicial process. This underscores the need for concrete action to improve the judicial system and ensure that all parties, including the professionals involved, are accountable for their actions and decisions.
SEJARAH PEMBENTUKAN DAN KEDUDUKAN UU NO 1 TAHUN 1974 TENTANG PERKAWINAN Muda’i, Syaiful; Amirotus Sholehah, Ulyi
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 2 (2024): Mei 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Law no. 1 of 1974 concerning Marriage serves as a material law that regulates all matters concerning married life in Indonesia. This is important to do because marriage is something that must have legal force to protect the rights of the parties involved. This law goes through the history of its formation from time to time until it is promulgated in the state gazette. With this law, several things are regulated for the common good, including for women. Women's rights in marriage are increasingly regulated and protected. The marriage law which adheres to the principle of monogamy means that the practice of polygamous marriages in Indonesia must comply with applicable regulations.
TALAK PERSPEKTIF PERBANDINGAN MADZHAB Arofik, Slamet; Aliftus Sholichah, Binti
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 2 (2024): Mei 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Talaq is the annihilation of the marriage bond or part of the marriage bond,the marriage bond becomes completely non-existent if there are threedivorces (talak ba'in), and if only one divorce is imposed (talak raj'i) then whatis abolished is part of the marriage bond. If a marriage has occurred, whatmust be avoided is divorce. The stronger a person's efforts in building theirhousehold, the easier it is for them to avoid divorce. Divorce brings harm,while something that brings harm must be avoided. With divorce, not onlyhusband and wife become victims, but also their children. The permissibilityof talaq is because the dynamics of household life sometimes lead tosomething that is contrary to the purpose of forming the household. In asituation that is no longer reconcilable, if family life continues it will causeharm to both parties and the people around them. In order to avoid furtherharm, it is better to pursue divorce in the form of talaq. Thus, talaq in Islam isonly for a beneficial purpose.

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