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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 39 Documents
 1   2   3   4 
RECONSTRUCTION OF THE FAMILY LAW PARADIGM IN AN EFFORT TO MEASURE THE POLITICAL AWARENESS OF COMMUNITY LAW: Rekonstruksi Paradigma Hukum Keluarga Dalam Upaya Menakar Kesadaran Politik Hukum Masyarakat M. Mutamakin; Ansari Ansari
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 3 No. 1 (2024): (January 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.v3i1.2449

Abstract

The presence of Islamic family law is beneficial for all residents of Indonesia, as it covers all matters related to marriage, divorce procedures, child maintenance, polygamy, and others. This study uses the literature method to provide data on philosophical value in family law reconstruction and evaluate society's level of legal awareness. The research method used is descriptive analysis, an approach in legal philosophy based on the theory of legal awareness and the provision of complete information. The results showed that Islam is the main factor that regulates various aspects of social life. Furthermore, the social changes that occurred during the time of Umar's caliphate impacted the spread of Islamic political doctrine and the emergence of several issues of Islamic law. Third, intellectuals are free, so their mastery of political Islam can be expanded through legal interpretations based on their views. Then, the power can quickly grow by taking advantage of the opportunities that arise over time.
FENOMENA INTERAKSI PEREMPUAN DI MEDIA SOSIAL DALAM PERSPEKTIF HUKUM ISLAM Akhmad Rudi Maswanto
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 3 No. 1 (2024): (January 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.v3i1.2505

Abstract

Questioning women's behavior is actually not an easy task for the author, there is a moral burden where it seems that when women are positioned as research objects, there will be a stigma that men are "pretentious" and more appropriate to judge women. So rest assured that in this study, there is absolutely no gender bias in it, just want to see how the tendency of women in this digital era to interact on social media, this will be associated with family resilience, especially with regard to the assumption of the community that the many problems in the household are the source of the phenomenon or behavior of women's interaction on social media. Through qualitative research, this problem will be identified for every existing problem, so that it is intended to see whether it is true that women's lives on social media are suspected to be the cause of the collapse of household buildings, and how Islam actually regulates the pattern of women's interaction patterns in life outside.
PERNIKAHAN CHILDFREE: TREN REVOLUSI GAYA HIDUP GENERASI MILLENNIAL DI KALANGAN GENERASI Z DAN DAMPAKNYA PERSPEKTIF HUKUM KELUARGA ISLAM Saini Saini
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 3 No. 1 (2024): (January 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.v3i1.2521

Abstract

Childfree marriages are becoming increasingly common among Generation Z and Millennials, indicating changes in social values and lifestyles. The aim of this research is to identify the main components that influence a couple's decision to marry without children and to evaluate the impact from the perspective of Islamic family law. This qualitative study collects data through participant observation and in-depth interviews. Research shows that economics, health, personal freedom, and concern for the environment are the main factors in marriage decisions not to marry. According to Islamic family law, having children is considered an important goal of marriage. However, there is respect for individual freedom to make decisions that do not conflict with sharia principles. Couples who choose not to have children often face social and religious pressure, but their decision can be considered valid if it is based on compelling reasons such as health or other relevant conditions. The social impact of this decision varies, from support to rejection, but shows a shift in values in modern society, which increasingly values individual life choices. This research provides insight into the dynamics of childless marriage and its implications in the Islamic legal and social context.
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
IMPLEMENTASI HUKUM KELUARGA SEBAGAI REKAYASA SOSIAL MASYARAKAT DALAM UPAYA MENINGKATKAN KESADARAN HUKUM DAN KEPATUHAN HUKUM Ansari Ansari; Abdul Aziz
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 4 No. 1 (2025): (January 2025)
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.v4i1.2925

Abstract

Family law is in an important position in the life of the community, contributing to creating and realizing an orderly and harmonious community environment. This research is based on the high rate of law violations in the family realm, such as divorce and domestic violence, which shows low awareness and compliance with family law. The method used in this study is libray research and the research approach uses a naturalistic method that is carried out at the time of natural setting, while the abjek that is studied is in accordance with the most appropriate conditions, then data collection techniques through participatory observation, and analysis of relevant legal and policy documents. The results of the study show that the implementation of family law supported by legal education, mediation, and community-based approaches can increase public understanding of the importance of family law, thereby encouraging law-abiding behavior. In addition, the results of the study also indicate that family law plays an important role as an effective social engineering tool in shaping legal norms and values that can increase legal awareness among the community.
ANALISIS HUKUM ISLAM TERHADAP TRADISI PEUTRON ANEUK DALAM ADAT ACEH Ariesman M; Nurfiah Nurfiah; Rosalia Oktafia
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 4 No. 1 (2025): (January 2025)
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.v4i1.2932

Abstract

This study aims to analyze the perspective of Islamic law on the Peutron Aneuk tradition, a cultural practice in Aceh, particularly in Desa Paya Peunaga, Kecamatan Meureubo, Kabupaten Aceh Barat. The research addresses two main issues: (1) How is the ritual process of the Peutron Aneuk tradition conducted in Desa Paya Peunaga, Kecamatan Meureubo, Kabupaten Aceh Barat? and (2) What is the perspective of Islamic law on this tradition? The study employs a field research method with a descriptive approach, incorporating syar’i (Islamic jurisprudence), cultural, and sociological perspectives. Data collection techniques include observation, interviews, and documentation to obtain relevant information about the issues studied. The findings reveal that: (1) The Peutron Aneuk ritual is performed on the seventh day after a baby's birth and includes several ceremonies, such as peucicap, peusijuk, beu kaca, balek hate manok, cuko 'ok, belah kelapa, peugiding tanoh, and marhaban. Each symbol in these rituals holds distinct philosophical meanings. (2) From the perspective of Islamic law, the Peutron Aneuk tradition practiced in Desa Paya Peunaga is considered inconsistent with Islamic teachings. This is due to the absence of explicit guidance from the Qur'an or the Sunnah mandating such practices. Additionally, the implementation of this tradition is not solely regarded as an expression of gratitude to Allah for the blessing of a newborn but also reflects a belief among some community members in the benefits of the tradition outside of Islamic values, which contradicts the principles of tawhid (Islamic monotheism).
PENGARUH INTERVENSI ORANG TUA TERHADAP KEBERLANGSUNGAN RUMAH TANGGA ANAK Akhmad Rudi Maswanto; Ani Ulyatur Rashida
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 4 No. 1 (2025): (January 2025)
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.v4i1.2951

Abstract

Parental intervention in the household affairs of their children is a phenomenon that often occurs in society. This study examines parental intervention from the perspective of Islamic law and positive law to determine its legal implications and limits. Using a normative juridical approach, this research analyzes legal sources, including Islamic law principles and national regulations governing family and household matters. The findings indicate that in Islamic law, parental intervention is permissible as long as it aligns with principles of benefit (maslahah) and does not cause harm (mafsadah). Meanwhile, positive law in Indonesia upholds household independence while still recognizing the advisory role of parents. However, excessive intervention that disrupts household harmony may have legal consequences. This study concludes that parental intervention should be conducted wisely, respecting the autonomy of the child's household while providing guidance in accordance with legal and ethical principles.
URGENSI PERMOHONAN PENETAPAN WALI OLEH ORANG TUA UNTUK PENJUALAN HARTA ANAK PERSPEKTIF UNDANG UNDANG PERLINDUNGAN ANAK Raden Muyazin Arifin; Hafis Baraas
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 4 No. 1 (2025): (January 2025)
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.v4i1.2958

Abstract

Minors need the help of guardians to carry out legal acts, including the transaction of children's property. In Indonesian laws, parents have the right to be the guardians of their children and when acting as guardians all the actions they do must be in the best interests of their children. The prominent number of domestic violence against children, especially those committed by parents, deserves attention. Parents have obligations and responsibilities to their children, including child protection. To exercise their rights as guardians, parents must properly fulfill their obligations and responsibilities towards their children. Therefore, the appeal for guardianship through court is important as a means of verification whether parents have properly fulfilled their obligations and responsibilities. In this study, the first core problem is "What is the urgency of appeal for guardianship as the condition for the transaction of children's property from the perspective of the Child Protection Law. This study uses methods of normative juridical, and literature studies with conceptual, case, and statute approaches to examine and discuss the urgency of the appeal for guardianship for the transaction of children's property. The results of the author's research are as follows: the appeal for guardianship for the transaction children's property is important to protect children's rights and so that children are not economically exploited by transaction that is not in their best interests.
PENGARUH KONSEP KAFA'AH DALAM MEMBINA KEUTUHAN RUMAH TANGGA M. Amir Mahmud; Lukman Hakim; Abdul Hadijah
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 4 No. 1 (2025): (January 2025)
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.v4i1.3030

Abstract

Marriage is an inner and outer bond between a man and a woman with the aim of forming a household that is sakinah mawadah and rahmah. To be able to realize this goal of course requires a harmonious and compatible partner. Islam offers kafa'ah as a medium so that the goals of marriage can be realized. Kafa'ah is equality or equality between a prospective husband and a prospective wife. In Islam, the most important equality that must be seen is in religious matters. Parents or married couples have different kafa'ah standards ranging from a social or religious perspective. For this reason, the research conducted by researchers aims to determine the application of kafa'ah in weddings in Gintangan village. This type of research is field research (field research) which is descriptive analysis in nature. The primary source in this research is the Gintangan village community using a proportional sampling technique, where the data sampling technique takes certain considerations into account, namely people who are married and parents who have married off their children. Data collection techniques use unstructured interview methods and documentation, qualitative data analysis techniques use inductive thinking methods, namely drawing conclusions starting from questions or specific facts leading to general conclusions.

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