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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 90 Documents
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Pengaruh Ukuran Pemberian Nafkah Keluarga Dalam Mewujudkan Keluarga Yang Harmonis Wijaya, Jufri Aldhi; Shinwanuddin, M.
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 5 No. 1 (2025): Nopember 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Marriage is a method chosen by God as the way for man to live. Maintaining the permanence of a marriage in harmony, full of love and affection is not easy. Because inmarriage there are rights and obligations that must be fulfilled each between husband and wife. Among the obligations of the husband is to provide for the wife, that is, all the needs and necessities that apply according to circumstances and places, such as food, clothing, home and so on. The study and discussion of this thesis is how the level of provision of income according to the people of Bancong Village, Wonoasri District, Madiun Regency, how household harmony according to the people of Bancong Village, Wonoasri District, Madiun Regency and how the relevance of the level of providing income to household harmony in the community of Bancong Village, Wonoasri District, Madiun Regency. The type of research used by the author in this thesis is field research. While the approach used in this study is qualitative. This research is descriptive. In data collection researchers use interview, observation and documentation methods. Data analysis techniques use data reduction, data presentation and conclusion drawing / verification. The results of this study show that in the opinion of the people of Bancong Village, Wonoasri District, Madiun Regency, the rate of providing is the size or size of the income given by the husband to the wife each month and cannot be determined the amount each month because it depends on the income obtained by the husband in that month and who regulates family needs is the wife while the husband has the obligation to earn a living to meet the needs family. While a harmonious household is the provision of overall husband affection to the whole family and the balance between the rights and obligations of married couples so that the family is always in peace and peace without any gaps between one another. Meanwhile, regarding the relevance of the level of provision according to the people of Bancong Village, Wonoasri District, Madiun Regency is that it cannot have an influence because the local community does not really mind the rules on the rate or size of bread, the most important thing is that the provision can meet the needs of the family.
Rekonstruksi Fiqh Digital Rumah Tangga: Analisis Maqāṣid al-Syarī‘ah Terhadap Cyber Domestic Violence dan Integrasi Hukum Positif di Indonesia Asrori, Khozinatul; Al-Mubarok, Muhammad Zidan
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 5 No. 1 (2025): Nopember 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

This article explores the phenomenon of cyber domestic violence as a contemporary form of violence emerging alongside technological advancements. Identifying a gap in Islamic legal scholarship on this issue, this research aims to analyze various forms of cyber violence, evaluate their impact on family integrity, and formulate an integrated protection framework that combines the perspectives of Islamic law and Indonesian positive law. Using a normative-qualitative legal research method with a maqāṣid al-syarīʿah approach, the findings indicate that practices such as digital surveillance, revenge porn, online intimidation, and digital isolation fundamentally contradict the principles of mu‘āsyarah bil ma‘rūf (good and proper conduct), the prohibition of tajassus (spying), and the universal maxim of lā ḍarar wa lā ḍirār (no harm, no reciprocating harm). These actions constitute a serious violation of the primary objectives of Sharia (maqāṣid), specifically in preserving life (ḥifẓ al-nafs) and honor (ḥifẓ al-‘ird). This research contributes originally by developing the concept of domestic digital fiqh and formulating an integration matrix that connects maqāṣid principles with the provisions of positive law (the Domestic Violence Law, the Electronic Information and Transactions Law, and the Law on Sexual Violence Crimes). This integration is expected to strengthen the moral and juridical legitimacy for prosecuting cyber violence, support the realization of a sakīnah (harmonious and peaceful) family in the digital era, and serve as a reference for policymakers and legal practitioners.
Pecandu Narkoba Sebagai Alasan Cerai Gugat: (Persepktif Hukum Islam dan Kompilasi Hukum Islam) Umami, Hafidhul; Nizam Fauzida
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 5 No. 1 (2025): Nopember 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Drug addiction has become a serious social problem that often disrupts family harmony and leads to divorce. This study examines drug addiction as a ground for divorce (cerai gugat) from the perspective of Islamic Law and the Compilation of Islamic Law (KHI) in Indonesia. According to Islamic Law, marriage is intended to build a peaceful, loving, and compassionate household (sakinah, mawaddah, wa rahmah). However, when one spouse becomes addicted to drugs, it can result in negligence of religious duties, moral decay, financial instability, and domestic violence—all of which contradict the objectives of marriage (maqāṣid al-nikāḥ). In such cases, divorce may be considered permissible (mubāḥ) or even necessary to prevent greater harm (mafsadah). Based on the KHI, particularly Article 116, drug addiction falls under the category of “one party committing continuous misconduct or moral degradation.” Therefore, both Islamic Law and the KHI recognize drug addiction as a valid legal and moral reason for a wife to file for divorce.
Analisis Yuridis dan Maqāṣid al-Syarī‘Ah Terhadap Hak Asuh Anak (Ḥaḍānah) Bagi Penyandang Penyakit Menular Muda'i, Syaiful; Amin, M. Misbahul
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 5 No. 1 (2025): Nopember 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Every child has a fundamental right to receive proper care (ḥaḍānah) from both parents, encompassing physical, psychological, spiritual, and educational dimensions. In Islamic law, custody constitutes a moral and legal responsibility grounded in the principle of al-ḥifẓ wa al-ri‘āyah (protection and guardianship) for the child’s welfare. However, ethical and juridical issues arise when the custodian suffers from a contagious disease that may endanger the child’s safety. This study examines the status of ḥaḍānah for individuals with contagious diseases through a maqāṣid al-syarī‘ah approach, focusing on the protection of life (ḥifẓ al-nafs), lineage (ḥifẓ al-nasl), and intellect (ḥifẓ al-‘aql). Employing a normative research design with juridical-maqāṣidī approaches, the study finds that custody may be temporarily revoked if it poses a danger to the child but can be restored once the custodian recovers or ensures the child’s safety. The maqāṣid al-syarī‘ah framework reinforces justice, proportionality, and contextual child protection.
Metafisika Hukum Islam: Antara Takdir Ilahi Dan Kebebasan Manusia Hafidz Miftahuddin, Abdul; Alimatul, Nihdia
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 5 No. 1 (2025): Nopember 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

This article examines the relationship between metaphysics, divine destiny, and human freedom from the perspective of Islamic law. The metaphysics of Islamic law places Allah SWT as the supreme source of law, so that every provision of sharia has a divine basis that transcends mere social construction. In this context, Islamic law is not only viewed as a normative text, but also as a reflection of the absolute will of God. The discourse on destiny (qadha and qadar) opens up a space that contains both determinism and human freedom. The Jabariyah emphasize the complete domination of God's power, the Qadariyah affirm absolute human freedom, while Ahlus Sunnah wal Jama'ah presents a middle ground through the concept of kasb. From this dialectic, it is clear that human freedom in Islam is always accompanied by moral responsibility, both as a servant of God and as a caliph on earth. Thus, Islamic law is built on a harmony between divine determinism and human endeavor, thus giving rise to a legal system that is just, ethical, and oriented towards the welfare of the people.
Problem Perlindungan Hukum Terhadap Hak Nafkah dan Waris Anak luar Nikah dan Ibunya Tinjauan Maqāṣid al-Sharī'ah dan Keadilan Gender Aula Yazid, Nur; Huda, Afiful
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 5 No. 1 (2025): Nopember 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

This study analyzes the legal protection issues concerning the civil rights of “anak oleh-oleh” (children born from relationships deemed illegitimate under Islamic law) and their mothers, particularly in relation to maintenance and inheritance rights. Employing a maqāṣid al-sharī‘ah approach and a gender justice perspective, the study aims to examine the gap between classical Islamic legal norms and contemporary demands for substantive justice. The research adopts a normative juridical method with conceptual and comparative approaches. The findings indicate that rigid interpretations of the concept of nasab (lineage) in classical fiqh have generated structural discrimination against children born out of wedlock and their mothers. Through the reactualization of maqāṣid al-sharī‘ah, especially the principles of ḥifẓ al-nasl (protection of lineage) and ḥifẓ al-māl (protection of property), combined with the integration of a gender justice perspective, this study proposes a more progressive conceptual reformulation to ensure fair and dignified legal protection for both children and mothers, without compromising the fundamental principles of Sharī‘ah.
Tradisi Siram Tuwuh Perspektif ‘Urf: (Studi di Kelurahan Warujayeng Tanjunganom Nganjuk) Maryam Qurotul Aini, Siti; Maulidin, Sifa’ul
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 5 No. 1 (2025): Nopember 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

The Siram Tuwuh tradition generally means tajdid nikah, which in Javanese means mbangun nikah, bilas nikah, and ngenyari nikah. The Siram Tuwuh tradition in Warujayeng Village, Tanjunganom, Nganjuk is still preserved by some people. The motivations of those who carry out the Siram Tuwuh tradition are factors of faith and parental orders. With the hope that carrying out this tradition will create a happy family, avoid disaster and as a form of gratitude. The practice of the Siram Tuwuh tradition in Warujayeng Village, Tanjunganom, Nganjuk is in the form of a thanksgiving ceremony by inviting neighbors and relatives. The motivations of those who carry out the Siram Tuwuh tradition are factors of faith and parental orders, with the aim that if they carry out the Siram Tuwuh tradition, their family will be given happiness, long-lasting, blessed fortune and be kept away from disaster. The tradition of siram tuwuh in Warujayeng Village, Tanjunganom Nganjuk, when analyzed using the theory of 'urf', is considered 'urf sahih' (authentic) because it does not conflict with Islamic law and does not harm the participants or the community. Therefore, the tradition of siram tuwuh in Warujayeng Tanjunganom Nganjuk is permissible to preserve as long as it does not conflict with the texts of the Qur'an and Hadith.
Kontekstualisasi Talak Karena Terpaksa Telaah Kritis Pendapat Empat Madzhab Mustakim, Ahmad; Muftadi, Kafid
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 5 No. 1 (2025): Nopember 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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This article responds to the issue of the original legal ruling of divorce (ṭalāq) by examining the opinions of scholars from the four Sunni schools of law, which need to be explained comprehensively in order to understand the legal consequences that may arise. The purpose of this article is to provide knowledge by presenting various scholarly opinions from the different schools regarding divorce carried out under coercion. The basic legal ruling of divorce differs among the schools of law: some consider it permissible (mubāḥ), while others regard it as reprehensible (makrūh) if carried out without a valid sharʿī reason. This article also discusses the differences of opinion among scholars concerning divorce under conditions of coercion. The Ḥanafī school considers a divorce to remain valid even if it is pronounced under coercion, whereas the other three schools (Mālikī, Shāfiʿī, and Ḥanbalī) argue that a coerced divorce is invalid. This discussion aims to provide a comprehensive understanding of the concept of divorce in Islam and the dynamics of scholarly thought surrounding it.
Tradisi Primbon Perjodohan Aksara Jawa Honocoroko Dalam Prespektif Hukum Islam Ubaidillah, M. Burhanuddin; Rochmatiq Azza, Nala; Muarrifatul Munisyah, Binti
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 5 No. 1 (2025): Nopember 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Primbon matchmaking constitutes a form of local wisdom that is still employed to determine the auspiciousness or inauspiciousness of marriage. In Javanese tradition, a life partner is regarded as part of the realm of mystery. It is believed that God conceals three matters: destiny (pesthi), one’s spouse (jodoh), and divine inspiration (wahyu). To attain insight into these matters, individuals traditionally undertake tirakat (spiritual discipline) through petung calculations based on the Javanese script Hanacaraka, which embodies philosophical meanings and mystical values derived from the sequence of letters and numerical symbolism. This tradition developed during the Majapahit era and was later reorganized during the period of Islamic rule in Java. This article focuses on the tradition of Primbon matchmaking based on the Javanese script Hanacaraka from the perspective of Islamic law. The discussion begins with an examination of the conception of the Javanese script Hanacaraka, followed by its philosophical significance in the journey of life and marital relations, the calculation patterns of Hanacaraka for prospective married couples, and the forms of spiritual adjustment employed when the Hanacaraka calculations are deemed incompatible. Through this analysis, the study seeks to reveal the essential nature of the Primbon matchmaking tradition of the Javanese script Hanacaraka within the framework of Islamic legal perspectives.
Sejarah Tradisi Khitbah Dalam Islam dan Adat Indonesia Misbachul Fitri, Abd. Basit; Miftakhuddin , Mukhammad
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 5 No. 1 (2025): Nopember 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Khitbah (marriage proposal) constitutes an initial stage that holds an important position in the process of marriage, both from the perspective of Islamic law and in the practice of customary law in Indonesia. This article aims to examine the concept, legal basis, principles, and procedures of khitbah in Islam, while also exploring the history and variety of khitbah traditions within several Indonesian customary systems, such as Javanese, Minangkabau, Bugis-Makassar, Batak, and Sundanese customs. The study employs a library research method with normative and historical approaches, through analysis of sources from the Qur’an, Hadith, scholarly opinions, the Compilation of Islamic Law, as well as literature on customary law and legal anthropology. The findings indicate that khitbah in Islam has a clear legal foundation, with its original ruling being permissible (mubāḥ), which may change depending on circumstances, and is regulated by conditions, rights, and limitations intended to safeguard the interests of all parties involved. Meanwhile, the practice of khitbah in Indonesian customary law demonstrates diverse forms and procedures, yet essentially serves the same purpose: expressing serious intent toward marriage and fostering kinship relations between families. This article concludes that there is a strong harmonization between Islamic legal provisions and customary law in the practice of khitbah in Indonesia, reflecting the flexibility of Islamic law in adapting to local socio-cultural contexts without abandoning its fundamental principles.

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