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Riza Faishol
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AL-ASHLAH
Published by Universitas Islam Ibrahimy Banyuwangi
ISSN : 28296788     EISSN : 28296346     DOI : https://doi.org/10.69552/alashlah
Core Subject : Religion, Economy, Humanities, Science, Social,
Religion Humanities Astronomy Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Focus and Scope AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam is a double-blind peer-reviewed journal published by Islamic Family Law Department, Sharia Faculty, Institut Agama Islam (IAI) Ibrahimy Genteng Banyuwangi, Indonesia. Focus AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam emphasizes the study of Islamic family law and Islamic law in Islamic countries in general and specifically in Indonesia by emphasizing the theories of Islamic family law and Islamic law and its practices in the Islamic worlds that developed in attendance through publications of articles and book reviews. Scope This Journal specializes in studying the theories and practices of Islamic family law and Islamic law in Islamic countries and is intended to express original researches and current issues. This journal welcomes the contributions of scholars from related fields warmly that consider the following general topics; Family Law Islamic Family Law Family Study Islamic Criminal Law Customary Law Sharia Economic Law Islamic Constitutional Law Islamic Comparative law Anthropological Law Sociological Law Marriage and Gender Issue History of Islamic Family Law and Islamic Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 4 Documents
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Search results for , issue "Vol. 3 No. 2 (2024): (July 2024)" : 4 Documents clear
EFEKTIVITAS PAK OGAH DALAM MENGATUR LALU LINTAS PERSPEKTIF MAQASIDH AL-SYARIAH Ahmad Zaky Fuad
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 3 No. 2 (2024): (July 2024)
Publisher : Program Studi Hukum Keluarga Islam, Fakultas Syariah, Institut Agama Islam (IAI) Ibrahimy Genteng Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/alashlah.v3i2.2618

Abstract

This research aims to understand, identify, and analyze the phenomenon of the prevalence of “Pak Ogah” in Genteng Subdistrict, Banyuwangi Regency. This type of research is empirical juridical, where the researcher describes in detail the object being studied regarding the legal effectiveness of Pak Ogah in traffic regulation from the perspective of Maqasid Al-Shariah. The research approach includes the statute approach, conceptual approach, juridical-sociological, and Maqasid Al-Shariah. Data collection was carried out using interviews and documentation, then analyzed descriptively and qualitatively. The results of the study indicate that: 1) the existence of Pak Ogah is met with both pros and cons in the reality of society; the pros are that Pak Ogah is considered to help reduce traffic congestion, while the cons are that Pak Ogah is seen as a cause of traffic jams. According to the theory of legal effectiveness and Law Number 22 of 2009 concerning Traffic and Road Transportation, Pak Ogah is an illegal profession because it lacks legal standing and is considered ineffective in assisting police duties, thus requiring regulation and training. 2) The Maqasid Al-Shariah perspective on the Pak Ogah phenomenon includes 2 out of five principles, namely Hifdz Al-Maal, where the profession of Pak Ogah becomes a job and source of livelihood for its practitioners, especially for the lower economic class, as it is favored because it does not require complicated qualifications; and Hifdz Al-Nafs, which prioritizes sustaining one's life and supporting their family, ensuring the continuity of life according to its course.
DINAMIKA PERKEMBANGAN METODE PENETAPAN HUKUM NAHDLATUL ULAMA DAN MAJELIS ULAMA INDONESIA DALAM PEMBARUAN HUKUM ISLAM Imam Syafi'i; Lukman Hakim
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 3 No. 2 (2024): (July 2024)
Publisher : Program Studi Hukum Keluarga Islam, Fakultas Syariah, Institut Agama Islam (IAI) Ibrahimy Genteng Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/alashlah.v3i2.2748

Abstract

This research aims to analyze the dynamics of the legal determination method developed by Nahdlatul Ulama (NU) and the Majelis Ulama Indonesia (MUI) in the context of legal reform so that it can accommodate problems that occur in the reality of human civilization. This research is library research, with an Islamic legal approach, qualitative data analysis and documentation techniques from both primary and secondary sources related to the legal determination method (istinbath al-ahkam) developed by NU and MUI. NU's method of legal determination has developed and has become the basic foundation of the legal system, namely using the qauliy, ilhaqiy and manhajiy school of thought approaches and gradually NU has made syarah (explanation) of this system. The MUI perfected the system and mechanism for determining laws using the al-jam'u wa at-taufiq method, the muqaranah method and the bayani and ta'lili methods as an explanation of the manhaji method. Furthermore, the MUI refined and confirmed this method to become organizational regulations. These dynamics reinforce that NU and MUI have moderate and adaptive principles, where Islamic law is flexible, elastic and dynamic according to current developments
EFEKTIVITAS NAZHIR DALAM PENGELOLAAN DAN PENGEMBANGAN HARTA WAKAF PESANTREN muhammad arif fauzi
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 3 No. 2 (2024): (July 2024)
Publisher : Program Studi Hukum Keluarga Islam, Fakultas Syariah, Institut Agama Islam (IAI) Ibrahimy Genteng Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/alashlah.v3i2.3034

Abstract

Waqf is a legal action of a person, group, or legal entity that separates part of their property for the purpose of worship or other purposes according to Islamic teachings. This study uses a field research method with a descriptive-qualitative approach. Primary data is obtained directly from primary sources, while secondary data comes from indirect sources. Data collection techniques include observation, interviews, and documentation, with analysis using descriptive-analytical methods. The results of the study show that the role of nazhir at YPP Miftahul Ulum in Bengkak Village has not been optimal. The appointment of nazhir is still carried out traditionally, choosing parents who are considered religious and able to manage waqf land, but do not meet the ideal criteria. The supporting factors for waqf management are references to Law No. 41 of 2004 concerning Waqf, while obstacles include internal factors, such as limited human resources, and external factors, such as lack of attention from the government and the surrounding community. The impact of supporting factors allows nazhir to adjust its duties and functions according to the law, while inhibiting factors cause the management and development of waqf land to not be optimal.
IJBAR NIKAH DALAM PERNIKAHAN ANAK: ANALISIS HUKUM ISLAM DAN PERLINDUNGAN HAK PEREMPUAN M. Hafil Birbik
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 3 No. 2 (2024): (July 2024)
Publisher : Program Studi Hukum Keluarga Islam, Fakultas Syariah, Institut Agama Islam (IAI) Ibrahimy Genteng Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/alashlah.v3i2.3577

Abstract

This study examines how the concept of ijbar marriage—the authority of a guardian to marry off a daughter without her consent—is understood within classical Islamic jurisprudence, Indonesian family law, and contemporary social practices, as well as its connection to child marriage. Positioned as a critical intervention in Islamic family law discourse, this research evaluates the compatibility between ijbar and the principles of women’s rights protection. Using a normative qualitative method based on literature review of juristic texts, national regulations, court decisions, and institutional reports, the study finds that classical jurisprudence limits ijbar to clear notions of welfare, yet in practice it is often misinterpreted as justification for forced child marriage. Although Indonesian law has raised the minimum marriage age, legal loopholes remain through the dispensation mechanism, frequently reinforced by misinformed religious narratives. Ethical analysis and maqasid al-sharia perspectives indicate that forced child marriage contradicts the aims of protecting life, dignity, and wellbeing, affirming the necessity of reinterpreting ijbar within contemporary legal and social contexts.

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