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HUSNA NASHIHIN
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INDONESIA
Jurnal Syariah, Hukum, dan Ekonomi Islam
Published by Yayasan Azhar Amanaa Yogyakarta
ISSN : -     EISSN : 29629209     DOI : https://doi.org/10.59944/J-shei
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Articles to be received and published in the J-Shei are included in the scope of all aspects of Islam and the Islamic world in the fields of: Islam and Philosophy. Islam and History. Islam and Religion. Islam and Political Science. Islam and International Relations. Islam and Psychology. Islam and Sociology. Islam and Anthropology. Islam and Economics. Islam and Law Islam and Culture Islam and Health Islam and Technology. Islam and Education. Islam and Social Science.
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Articles 35 Documents
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Marriage Prohibition in the Ngliwati Segoro Getih Tradition: Perspectives from Islamic Law and Human Rights Zaenal Arifin; Nashih Muhammad; Salsabila; Muhammed Zaki Tamami
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 1 (2026): Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v4i1.673

Abstract

Every region has its own distinct traditions in conducting marriage ceremonies. In certain communities, traditions are believed to bring blessings and are therefore preserved across generations. One such belief exists in Gemawang Village, where marriage is prohibited if the route to the prospective groom’s house passes through the birthplace of the prospective bride’s mother. This tradition, known as Ngliwati Segoro Getih, is believed to bring misfortune if violated. However, this belief has generated social problems and potential conflicts, particularly among younger generations who increasingly question the relevance and rationality of such myths. This study aims to examine the practice of the Ngliwati Segoro Getih tradition in Gemawang Village, Temanggung Regency, and to analyze it from the perspectives of Islamic Law and Human Rights. The research adopts a descriptive qualitative approach with field research as its design. Data were collected through direct observation, interviews with community leaders, religious figures, and local residents, as well as document analysis. The data were analyzed through data reduction, data presentation, and conclusion drawing, with methodological triangulation employed to ensure data validity.The findings indicate that the Ngliwati Segoro Getih tradition constitutes a prohibition of marriage between a man and a woman when the groom’s residence route passes through the village of the bride’s mother’s origin. From the perspective of Islamic law, this tradition lacks a strong normative basis, as it does not fall under the categories of prohibited marriage due to lineage (nasab), marital affinity (mushaharah), or breastfeeding relations (rada‘ah). From a human rights perspective, the tradition is a cultural practice rather than a legally binding norm and may potentially violate human rights by restricting individual freedom in choosing a life partner. This is an open-access article under the CC–BY-SA license.
Reconstructing the Meaning of Justice in the Practice of Taʿzir: The Perspective of Equality Before the Law at Miftakhurrosyidin Islamic Boarding School Asyharul Muala; Sumarjoko; Kurnia Laili Khamida
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 1 (2026): Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v4i1.674

Abstract

Indonesia, as a rule-of-law state, is obligated to uphold the principle of equality before the law, as enshrined in Article 27 paragraph (1) of the 1945 Constitution. This study seeks to examine the construction of taʿzir practices at Pondok Pesantren Miftakhurrosyidin Temanggung and to critically analyze how the principle of equality before the law is interpreted and implemented within these practices. Employing a qualitative approach, this research is conducted in a natural setting to obtain a comprehensive and in-depth understanding of the mechanisms underlying the implementation of taʿzir. As a field study, data are gathered through direct observation and engagement with the lived practices in the pesantren, particularly concerning the application of legal equality in disciplinary measures. The findings indicate that the imposition of taʿzir follows an internal adjudicative process informed by a conception of justice aligned with Aristotelian thought, which emphasizes proportionality rather than rigid uniformity. In this framework, justice is realized through the allocation of rights and sanctions in accordance with the specific context and social roles of individuals, allowing for both equal and differentiated treatment where appropriate
The Role of GKMNU in Reducing Stunting in Glapansari Village, Temanggung: An Analysis of Maqashid al-Shariah Eka Mahargiani Rokhma; Sumarjoko; Yuda Ardian; Muhammad Zaki Tamami
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 1 (2026): Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v4i1.698

Abstract

This study analyzes and evaluates the role of the Nahdlatul Ulama Family Welfare Movement (GKMNU) in Glapansari Village, Temanggung, in addressing the high prevalence of stunting as an effort to achieve the objectives of Maqashid al-Shariah, particularly the protection of future generations (hifz al-nasl). This village was selected because it has the highest stunting rate in Temanggung Regency, which negatively affects children’s growth and development. GKMNU implements a comprehensive program based on religious values, including health and nutrition counseling for pregnant women, education on Islamic parenting patterns, and spiritual strengthening. GKMNU views stunting as a complex issue requiring not only medical intervention but also religious and moral guidance, in line with the principle of protecting offspring within Maqashid al-Shariah. The program also supports the prevention of early marriage by referring to Law No. 16 of 2019, which stipulates the minimum marriage age of 19 years, aiming to protect children and ensure family sustainability. Despite challenges such as limited nutritional awareness, economic constraints, and cultural barriers, the findings emphasize that the synergy of GKMNU as an agent of social change and a facilitator of programs integrating religious values with national legal regulations is essential for creating healthy and dignified families in a sustainable manner. This family-based approach involving all family members is considered effective in preventing stunting.
Village Regulations on Livestock Management and Their Role in Promoting Maslahah Families Sumarjoko; Dani Fahrurrohman; Muhammad Zaki Tamimi
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 1 (2026): Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v4i1.854

Abstract

This study examines the effectiveness of Village Regulation Number 12 of 2021 concerning livestock management in Banjarsari Village, Bejen District, and its contribution to promoting maslahah families. The research is motivated by the increasing social conflicts arising from the free-ranging management of livestock, particularly chickens and ducks, which has led to environmental sanitation problems, unpleasant odors, crop damage, and tensions among community members. The study aims to analyze the effectiveness of the regulation’s implementation, identify factors hindering its enforcement, and evaluate its relevance from the perspective of Islamic law based on the concept of maslahah. Employing a qualitative method with an empirical juridical approach, data were collected through observation, in-depth interviews, and documentation involving village officials, community leaders, livestock owners, and affected residents. The findings reveal that the implementation of the regulation has not been fully effective due to limited legal awareness, economic constraints, traditional livestock-raising practices, and weak monitoring by village authorities. Nevertheless, the regulation has contributed positively to improving environmental awareness, reducing potential social disputes, and fostering community harmony. From the perspective of Islamic law, the regulation reflects the principles of maslahah and maqāṣid al-sharī‘ah, particularly the protection of life (ḥifẓ al-nafs), property (ḥifẓ al-māl), and social order. Therefore, livestock management through village regulations can serve as an important instrument in supporting the realization of maslahah families and sustainable community welfare.
The Phenomenon of Family Content Creators and Its Implications for the Formation of a Maslahah Family Hidayatun Ulfa; A’yunin Nadhiroh
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 1 (2026): Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v4i1.1064

Abstract

The rapid development of social media has given rise to the phenomenon of family content creators, referring to families who actively share their domestic lives through various digital platforms. This phenomenon offers opportunities for education, entertainment, and economic gain; however, it also raises concerns regarding family privacy, the culture of oversharing, and the potential exploitation of children. This study aims to analyze the legal ethics of the family content creator phenomenon from the perspective of Islamic Family Law and to examine its influence on the realization of a maslahah (harmonious and welfare-oriented) family. The research employs a qualitative descriptive approach using the library research method. Data were collected from books, scholarly journals, articles, and other relevant literature and analyzed through data reduction, data presentation, and conclusion drawing. The findings reveal that the activities of family content creators are fundamentally permissible in Islam, provided that they uphold the principles of maslahah, safeguard family privacy, protect children's rights, and comply with Islamic legal and ethical values. Such activities may generate positive outcomes, including educational benefits, inspiration, strengthened social relationships, and economic opportunities that contribute to the establishment of a maslahah family. Nevertheless, when carried out excessively without due consideration of Islamic ethical and legal boundaries, these activities may result in negative consequences, such as violations of privacy, child exploitation, social pressure, and the disruption of family harmony. Therefore, the use of social media within the family context should be exercised wisely, proportionately, and responsibly to ensure alignment with the objectives of family protection and welfare as prescribed in Islam.

Page 4 of 4 | Total Record : 35

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