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Abdul Hafidz Miftahuddin
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duludin212@gmail.com
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Jl. KH. Wahid Hasyim, No. 126 Krempyang Tanjunganom Nganjuk. Kode pos 64482.
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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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PENYELESAIAN PERKARA MELALUI PRODEO DI PENGADILAN AGAMA: UPAYA MEWUJUDKAN AKSES KEADILAN BAGI MASYARAKAT TIDAK MAMPU Huda, Afiful; Adimas Pratama
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 2 (2025): Mei 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

This article aims to analyze the case settlement mechanism through pro bono (prodeo) services in Religious Courts as one of the state's efforts to realize access to justice for underprivileged communities. Using a normative juridical method with a limited empirical approach, this study examines the legal basis, implementation, challenges, and strategies for strengthening the prodeo system. The findings indicate that although prodeo services are normatively well-regulated through Supreme Court regulations and related laws, their practical implementation still faces obstacles such as limited public awareness, complex administrative procedures, and budget constraints. Nevertheless, prodeo remains a concrete manifestation of the state's commitment to ensuring equality before the law and protecting human rights, particularly for the economically disadvantaged. Optimizing this service requires synergy between the judiciary, government, and legal aid institutions to ensure that substantive justice is truly accessible to all segments of society.
URGENSI ‘IDDAH BAGI SUAMI: DINAMIKA PERKEMBANGAN HUKUM: (Studi SE DIRJEN NO:P-005/DJ.III/HK.00.7/10/2021. Tentang Pernikahan dalam Masa Iddah Istri) Mustakim, Ahmad; Fadhil Maarif
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 2 (2025): Mei 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

This study responds to the discourse on the possibility of a waiting period (‘iddah) for men, positioning it as a reflection of ongoing legal development within Islamic law. Although not recognized in classical Islamic jurisprudence, this concept has gained attention following the issuance of Circular Letter No. P 005/DJ.III/Hk.00.7/10/2021 by the Directorate General of Islamic Community Guidance, which recommends a period of restraint for exhusbands before remarrying. While Islamic legal sources provide no textual or scholarly basis for a formal ‘iddah for men, the circular proposes a syibhul ‘iddah (quasi-‘iddah), grounded in the ethical rationale of preventing covert polygamy and protecting the sanctity of the former wife's waiting period. Legally, the circular serves only as a recommendation and carries no binding legal sanction. However, from the perspective of legal benefit (maslahah), it represents a progressive effort to adapt Islamic legal norms to contemporary social realities.Thus, syibhul ‘iddah may be viewed as part of modern Islamic legal discourse promoting justice and social welfare.
PEMBATASAN USIA PERNIKAHAN PERSPEKTIF KAIDAH MUWĀZANAH IZZUDDĪN IBN ABDISSALĀM Muda'i, Syaiful; Amilatunnafi’ah
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 2 (2025): Mei 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Every individual has the right to establish a family through the institution of marriage. Children who grow and develop within the family structure are expected to become a high-quality and competitive generation for the nation. To realize this expectation, the government has enacted legislation setting a minimum age requirement for marriage. However, this regulation has sparked debate due to its perceived negative impacts and overlooked positive aspects. Using a qualitative descriptive-analytical method, this article examines the age restriction for marriage as stipulated in Law No. 16 of 2019, which amends Law No. 1 of 1974 on Marriage, through the lens of muwāzanah principles formulated by Izzuddīn ibn Abdissalām. The muwāzanah framework is essential as an analytical tool, serving as a parameter to guide decisions when facing conflicting or equally weighted benefits (mashālih) and harms (mafāsid) -ijtima’ baina al-mashalih wa al-mafāsid al-muta’aridlatain maupun al-mutasawiyatain-. The age limitation policy, grounded in the protection of children's rights, the prevention of various risks, and the preparation of a competent and competitive future generation, does not deviate from the tenets of Islamic law. On the contrary, it reinforces the core principles of the Sharia (al-asās al-tasyrīʿ al-khams).
PEMBERIAN HARTA WARIS TERHADAP ANAK DIBAWAH UMUR DALAM PERSPEKTIF HUKUM ISLAM Umami, Hafidhul; Novianta Ahsana
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 2 (2025): Mei 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

The inheritance of minors remains a crucial topic in Islamic inheritance law, reflecting the religion’s commitment to justice and protection of vulnerable heirs. Islamic law, as detailed in the Qur’an and Hadith, not only specifies the shares of each heir but also emphasizes the safeguarding of minors who are legally incapable of managing their inherited assets. These protections include the appointment of a responsible guardian (wali) to manage the estate on behalf of the child until they reach legal maturity or are deemed capable by law. The guardian is entrusted to act with integrity, avoiding misappropriation, and to ensure that the child’s property is preserved and utilized in their best interest. This paper discusses the legal foundations, procedures, and ethical responsibilities surrounding the inheritance rights of minors in Islam. It also highlights the broader implications of this legal framework in ensuring social justice and the preservation of wealth within the family unit.
KAFA’AH PERSPEKTIF HUKUM ISLAM DAN HUKUM ADAT JAWA SEBAGAI PERTIMBANGAN KHIYAR DALAM PERNIKAHAN Misbachul Fitri, Abdul Basit; Fitrotin Jamilah; Najma Salsabila Sukma
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 2 (2025): Mei 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Kafa’ah in linguistic terms is al musawah and al-mumathalah wich means blanc and equel blance, while in trems it is equality between husband and wife in perfection. Kafa’ah having a mean to reduce of domestic conflic between husband and wife, an also keep a encouyage the creation of happines, shaykh Abu Abdillah Alalaussy 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 wort worship. With religion, a person is expected to be able to carry out the teachings of his religion well, meanwhile, other kafa’ah factor,namely ineage, wealt, employment, independence status are supporting measures. It was also emphasized that apart from religion, the concept of kafa’ah is also recognized in the traditional of several etnic grups in indonesia, such as the batak, minang, dayak, and javanes. This concep involves several factors, wich, in general are actually similar to the factor in the concept of kafa’ah mentioned above, such as religion, leneage, and social status, these are considered benchmarks in determaining kafa’ah, thetefore, on this occasion, we will discuss the basic concepts  underlying kafa’ah, with a different  perspective, namely from the religious and javanes customary view puoints.
SUFISME DAN KONFLIK KELUARGA: PERSPEKTIF EMOSI, CINTA, DAN PENANGANAN PERCERAIAN Hafidz Miftahuddin, Abdul; Khozinatul Asrori
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 2 (2025): Mei 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Family conflict is an increasingly prevalent social issue in modern society, including within Muslim communities. Legal approaches often fail to address the underlying psychological roots of such conflicts. This article proposes Sufism as an alternative psychological approach to addressing domestic disputes. By emphasizing the purification of the soul (tazkiyat al- nafs), emotional regulation, and the spirituality of Divine love, Sufism is believed to offer inner peace and foster individual transformation that contributes to family harmony. Through a literature study of classical Sufi works such as those of Al-Ghazali, Rumi, and Ibn ‘Ata’illah, this article reveals that Sufism is not merely a spiritual doctrine but also a therapeutic medium relevant to conflict resolution and divorce.
TRADISI PERJODOHAN BERDASARKAN WETON DAN PASARAN DALAM PRESPEKTIF MAQASHID AL-SYAR’IYYAH Ubaidillah, M. Burhanuddin; Cindi Ameliana
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 2 (2025): Mei 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Primbon, a form of Javanese local wisdom, continues to be widely used in determining auspicious days, particularly in the context of marriage. This tradition remains deeply rooted in Javanese society, especially through calculations based on primbon prior to wedding ceremonies. In Javanese belief, a life partner (jodoh) is considered one of life’s great mysteries, along with destiny (pesthi) and divine calling (wahyu), all of which are believed to be partially concealed by God. To attain these, specific calculations or petungan are employed. Some Javanese use petungan merely as a means to find a potential spouse, while others integrate it into mystical practices, often through spiritual disciplines such as tirakat, which may be viewed as parallel to Islamic practices like tahajjud or istikharah prayers in seeking divine guidance for marital decisions. Special considerations when choosing a life partner—such as bibit (lineage), bobot (character), and bebet (social standing)—are crucial as they significantly impact the future of the marriage. This article focuses on the tradition of matchmaking based on weton and pasaran (Javanese calendrical elements) from the perspective of Maqāṣid alSharī‘ah. It begins with the conceptual foundations of weton and pasaran, explores the tradition of matchmaking based on these elements, analyzes the calculation methods for prospective couples, and examines solutions for mismatched outcomes. Ultimately, it aims to uncover the essence of matchmaking through weton and pasaran within the framework of Maqāṣid alSharī‘ah.
URGENSI PENDIDIKAN PRA NIKAH Amin, M. Misbahul; Diana Dewi Roihatul Jannah
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 2 (2025): Mei 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Pre-marital education in Indonesia has become increasingly urgent in light of rising rates of early marriage, divorce, and domestic violence. Data indicates that many prospective couples lack an understanding of their rights and responsibilities in marriage, as well as the challenges they will face. This study aims to explore the necessity of pre-marital education as a preventive solution and to evaluate the effectiveness of existing programs. Through a qualitative approach, this article analyzes the needs and challenges associated with pre-marital education and provides policy recommendations for the government and stakeholders to improve the implementation of pre-marital education. The findings highlight that evaluating the material, methods, and accessibility of pre-marital education is crucial to achieving the goal of enhancing family well-being and preventing early marriage. It is hoped that with the strengthening of pre-marital education, young couples in Indonesia will be better prepared to build harmonious and prosperous family lives.
WANITA KARIR DAN PERANANNYA DALAM PENDIDIKAN ANAK: KAJIAN HUKUM KELUARGA ISLAM KONTEMPORER Maryam Qurotul Aini, Siti; Alha Farisa
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 2 (2025): Mei 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Career women play a vital role in economic and social spheres, yet often face challenges in fulfilling their responsibilities in child education. This study analyzes the role of career women in parenting from the perspective of Islamic family law, including the impact of their careers on child development and Islamic solutions to address these challenges. Using a normative-descriptive method, the findings show that Islam permits women to work as long as their primary duties as mothers and wives are not neglected. Career demands—such as time constraints and reliance on caregivers—may affect a child’s emotional and spiritual growth. Islam offers solutions through shared parenting roles, time optimization, and the application of Islamic parenting principles that emphasize affection, moral values, and active parental involvement. With these strategies, career women can remain effective mothers while pursuing professional contributions.
OPTIMALISASI IMPLEMENTASI KOMPILASI HUKUM ISLAM DALAM KASUS PERCERAIAN, NAFKAH, DAN HAK ANAK: TANTANGAN DAN RELEVANSI DENGAN MAQASHID SYARIAH Sirojuddin, Mohammad; Hudi Hidayat; Nur Aula Yazid
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 2 (2025): Mei 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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The Compilation of Islamic Law has served as the primary reference for resolving family law cases in Indonesia’s religious courts, particularly those concerning divorce, alimony, and children's rights. However, its practical implementation still faces both structural and substantive challenges that affect the protection of vulnerable parties post-divorce and hinder the optimal realization of justice principles in judicial decisions. This study aims to analyze the obstacles in the implementation of the Compilation of Islamic Law in family cases and evaluate its relevance to the principles of Maqāṣid al-Sharīʿah as a normative approach that ensures public welfare (maṣlaḥah) and substantive justice. Employing a literature review method with a narrative approach, this research uses secondary data obtained from legal documents, academic journals, and religious court rulings, analyzed through content and thematic analysis techniques. The main findings reveal that the implementation of the Compilation of Islamic Law remains largely formalistic and does not fully reflect the core values of Maqāṣid al-Sharīʿah, such as the protection of life, lineage, and property. Furthermore, the absence of systematic integration of maqāṣid principles in judicial reasoning has led to inconsistencies in the application of maṣlaḥah-based justice, particularly in cases involving alimony and child custody. This article offers a theoretical contribution by reinforcing the conceptual framework of Maqāṣid al-Sharīʿah in the reformulation of Islamic family law in Indonesia, and provides strategic recommendations for strengthening legal norms and judicial practices that are more contextual and socially responsive.

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