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Abdul Hafidz Miftahuddin
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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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Perspektif Maslahah Mursalah Terhadap Surat Pernyataan Suami Tidak Merujuk Bekas Isteri Di Masa Iddah: (Studi Kasus di KUA Kecamatan Ploso Kabupaten Jombang) Misbachul Fitri, Abdul Basit; Sajidin, Muhammad Yulis
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 1 (2024): Nopember 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Maslahah is everything that is beneficial for humans and rejects harm or damage. The misconduct here involves the prospective groom conducting a covert marriage that could harm the former wife. The researcher attempts to explain the policy argument of the Religious Affairs Office (KUA) of Ploso District regarding the statement letter of not reconciling with the ex-wife during the iddah period and the maslahah review of the husband's statement letter of not reconciling with the ex-wife during the iddah period. The type of research is field research. (penelitian Lapangan). The data used are cases in society. Data collection technique through interviews based on primary data, namely brides-to-be, their families, PPN, and PPN assistants at the KUA Ploso sub-district, Jombang district, supported by secondary data from books related to this research. The approach in this research uses a normative approach analyzed through descriptive analysis. The research results explain that the argumentation of the KUA (Office of Religious Affairs) in Ploso District, Jombang Regency, in issuing a policy letter to prohibit remarrying an ex-wife during the iddah period is a form of caution in conducting marriages to prevent any misconduct or legal violations by the male groom who is a widower. Review of maslahah mursalah regarding the policy letter to not reconcile with the ex-wife while still in the iddah period to prevent or avoid, such as rejecting harm or damage.
Kontribusi Wakaf dalam Mewujudkan Kesejahteraan Sosial, Ekonomi, dan Pendidikan di Indonesia Maryam Qurotul Aini, Siti; Syahda, Alifia; Roikhatul Jannah, Diana Dewi
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 1 (2024): Nopember 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Waqf plays a strategic role in various aspects of life, particularly in the social, economic, and educational sectors. This study explores the contribution of waqf as an instrument to achieve equitable welfare for society, especially for underprivileged groups. Properly managed waqf assets have demonstrated significant impacts in establishing and developing educational institutions, such as universities and Islamic boarding schools, which contribute to improving human resource quality. Additionally, waqf helps reduce the dependency of impoverished communities on state assistance through the productive management of assets. This article highlights the importance of competent and prudent nadhir (waqf managers) in managing waqf assets so that their benefits can be widely distributed regardless of social status. With optimal management, waqf can serve as a solution for creating inclusive and sustainable social welfare.
‘Iddah Wanita Hamil yang Melakukan Aborsi: (Studi Komparasi Antara Mazhab Syafi’i dan Mazhab Maliki) Ubaidillah, M. Burhanuddin; Wahid Azza, Abdul
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 1 (2024): Nopember 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Abortion in general is the termination of pregnancy before the 16th week, where placentation has not been completed. Specifically, abortion is an act of separating the fetus from the mother before delivery is completed according to custom, whether it is done by the pregnant woman herself or by someone else, through methods such as striking the pregnant woman’s abdomen, shocking her, administering medicine, or other methods. Iddah is the waiting period for a woman, based on her menstrual or purity cycle, or after childbirth. The obligation of iddah applies only to women, with the purpose of determining the cleanliness of the womb, for worship (ta'abbud), or for mourning (tafajju') following the death of her husband. During this period, a woman (wife) is prohibited from marrying another man. Broadly speaking, both the Shafi’i and Maliki schools agree on the concept of iddah, referring to the verse in QS. al-Talaq, verse 4. However, the Shafi’i and Maliki schools differ in interpreting the meaning of al-Haml. In the context of the iddah of a woman pregnant due to abortion, the Shafi’i and Maliki schools also differ in opinion. This results in differing views regarding the legality of abortion. Therefore, this article focuses on a Comparative Study of the Iddah of Women Who Have Had an Abortion from the Perspective of the Maliki and Shafi’i Schools. The discussion begins with a General Overview of Iddah and Abortion, the Iddah of a Woman Pregnant Due to Abortion from the Perspective of the Shafi’i and Hanafi Schools, to identify the similarities and differences in opinion from the Perspectives of the Shafi’i and Maliki Schools.
Media Sosial dan Ketahanan Keluarga: Mengurai Tantangan dan Solusi dalam Menghadapi Perselingkuhan Virtual Kholik, Kusnul; Rohmatiq Azza, Nala
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 1 (2024): Nopember 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

The development of technology and social media has had a significant impact on various aspects of life, including family relationships. On the one hand, social media provides easy communication and access to information, but on the other hand, its uncontrolled use can pose a serious threat to household harmony, such as increasing cases of virtual infidelity. This research aims to analyze the influence of social media on family resilience, especially in the context of virtual infidelity, and offers solutions based on religious, psychological and social regulatory approaches. The research results show that virtual infidelity occurs due to ease of access, lack of communication within the family, and dissatisfaction in the husband-wife relationship. The impacts include broken household relationships, emotional disturbances in partners and children, and psychological trauma. To overcome this problem, a religion-based approach emphasizes the importance of self-monitoring and Islamic etiquette in using social media. The psychological approach involves effective communication, education about healthy use of social media, and joint activities to strengthen family bonds. Apart from that, the role of government and society in regulating social media content and providing family counseling services is also an important key.
Kadar Nafkah Perspektif Imam Empat Madzhab Umami, Hafidhul; Zakiya, Lailatuz
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 1 (2024): Nopember 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

This research focuses on the determination of nafkah (maintenance) from the perspectives of the four major Islamic schools of thought: Hanafi, Maliki, Shafi'i, and Hanbali. Nafkah refers to the financial and material obligations that a husband must fulfill for his wife, including necessities such as food, clothing, housing, and other living expenses. While all four madhhabs agree on the obligation of nafkah, they differ in determining its amount, which is influenced by the husband’s financial capacity, the wife’s social standing, and prevailing local customs. The Hanafi school emphasizes the wife’s social status and the economic conditions of the husband in determining the nafkah. The Maliki perspective prioritizes the customary standards of living within the community. The Shafi’i school considers both the financial capability of the husband and the wife’s needs. Meanwhile, the Hanbali school balances the husband’s financial means with the wife’s requirements. This study aims to analyze these differences and their underlying principles by referencing primary sources, such as the Qur’an, Hadith, and classical fiqh literature. Understanding these variations offers valuable insights for applying nafkah obligations in contemporary contexts while adhering to Islamic jurisprudence.
Urgensi Kedudukan Wali dalam Pernikahan Mustakim, Ahmad; Arham, Muhammad
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 1 (2024): Nopember 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

This study aims to address issues regarding the significance of a guardian (wali) in marriage. A marriage guardian is the person entitled to marry off a woman to a man of her choice. The wali acts on behalf of the bride in the marriage contract (akad nikah). Both the guardian and witnesses are responsible for ensuring the validity of a marriage contract. The purpose of this research is to educate the public about the importance of the wali's presence in marriage so that people do not easily disregard the role of the wali due to certain circumstances. The findings of this study reveal that the role of a wali is crucial in a marriage, as the wali is a fundamental pillar determining the validity of the marriage. Therefore, the position of the wali requires special attention, especially in conducting a marriage ceremony. The urgency of the wali's role is also emphasized in the Qur'an, Hadith, as well as in Indonesian laws, including the Compilation of Islamic Law and the Marriage Law.
Transformasi Hukum Keluarga Islam di Indonesia: Analisis Kritis atas Penerapan Kompilasi Hukum Islam (KHI) dalam Konteks Maqashid Syariah Hafidz Miftahuddin, Abdul; Nafi'ah, Siti
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 1 (2024): Nopember 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

This study aims to analyze the implementation of the Compilation of Islamic Law (KHI) in the context of divorce, alimony, and children's rights in Indonesia, as well as its relationship to the principles of Maqashid Syariah. The primary focus of this research is to explore how KHI is applied in religious courts and the challenges faced in its implementation. The findings indicate that although KHI provides a clear legal framework for handling divorce cases and post-divorce rights, its implementation is still influenced by inconsistent understanding among judges, differences in socio-cultural norms, and weak law enforcement mechanisms. Economic and social factors also play a significant role in the difficulties of fulfilling alimony and child custody after divorce. From the perspective of Maqashid Syariah, the study reveals that the application of KHI often does not fully consider the principles of protecting life, property, and lineage, which should be the primary goals in every legal decision. This research suggests the need for enhanced training for judges, stronger enforcement mechanisms, and better integration of Islamic law with Indonesian socio-cultural values to ensure the achievement of more substantial justice.
Pemahaman dan Implementasi Wakaf sebagai Instrumen Sosial dan Ekonomi dalam Islam Amin, M. Misbahul; salsabila sukma, Najma
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 1 (2024): Nopember 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Waqf is a significant social and economic instrument in Islam aimed at achieving the welfare of the ummah. As a means of wealth distribution, waqf benefits not only individuals or specific groups but also serves broader societal interests. In addition to public waqf, there is family waqf (waqf ahli) directed towards specific beneficiaries as determined by the waqif (donor). This study employs a theoretical approach to analyze the concepts, foundational principles, objectives, and benefits of waqf in Islam. The findings reveal that, despite its substantial potential to create positive impacts, the implementation of waqf often does not fully align with Islamic principles. This highlights the need for further education about waqf regulations and management in accordance with Sharia to maximize its benefits. This research aims to enhance public understanding of the critical role of waqf in social and economic development while promoting more effective waqf management to achieve the intended welfare objectives for the ummah.
Transformasi Peran Perempuan Dalam Hukum Keluarga Islam Di Indonesia Huda, Afiful; Saifudin, Mohamad
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 1 (2024): Nopember 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

This study examines the transformation of Islamic family law in Indonesia, focusing on the application of the Compilation of Islamic Law (KHI) within the framework of Maqashid Syariah, particularly in strengthening gender justice and addressing modern social dynamics. Islamic family law, traditionally rooted in classical fiqh, has undergone adjustments to meet contemporary challenges, such as equality in marriage, child custody, and women's rights protection post-divorce. Although the KHI serves as a primary reference, its implementation faces obstacles, including patriarchal cultural influences, diverse legal interpretations, and gaps in public legal awareness. This study identifies that these transformations are driven by social developments, educational advancements, and the global discourse emphasizing gender equality in Muslim families. Through a critical analysis of the KHI text and its application in religious courts, the study underscores that the transformation of Islamic family law in Indonesia must continue to reflect the values of justice, inclusivity, and relevance to the needs of modern society.
Konsekuensi Fikih Atas Aborsi Dalam Rangka Percepatan ‘Iddah Hamil Muda'i, Syaiful; Ulil Albab, Muhammad
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 1 (2024): Nopember 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Islam has established detailed regulations covering all aspects of life, all of which aim at achieving well-being (maslahah). Various life challenges, including issues in family life, have been addressed through Shari'a to provide optimal solutions that are fair to all parties. For example, the implementation of iddah for a woman divorced by her husband or whose husband has passed away while she is pregnant reflects a highly humane approach. This regulation safeguards the rights of the woman, her unborn child, and even the husband who divorced her. Therefore, it is not permissible for a woman in iddah to hastily end her waiting period through means that are inhumane and contrary to Shari’a, such as abortion. Islamic jurists (fuqaha) have expressed diverse opinions regarding the legality and consequences for women who perform abortion solely to expedite the end of their iddah. Some scholars permit abortion if the fetus is under 120 days old and has not yet been ensouled (ruh). In such cases, terminating the pregnancy could be considered as concluding the iddah, provided there is no intention to manipulate the law. Conversely, scholars who categorically prohibit abortion argue that iddah cannot be considered completed in such instances, and the waiting period reverts to the standard calculation based on aqra’ (menstrual cycles) or syuhur (months).

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