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ASA
Published by Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso
ISSN : 27229882     EISSN : 27229882     DOI : https://doi.org/10.58293/asa.v1i1
Core Subject :
ASA, Journal of Islamic Family Law Studies, is published by Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso as a medium for exchanging information and scientific work between lecturers, alumni, students, readers and observers of Family Law, Islamic Family Law, Civil Law , and Islamic Civil Law, as well as to distribute the results of field or laboratory research and literature studies. This journal is published twice a year, namely in February and August. The editor accepts manuscripts that have never been published in other media from lecturers, researchers, students and practitioners with the writing requirements as stated on the back page (instructions for authors). Submitted manuscripts will be evaluated and edited for uniformity in format, terms and other procedures.
Arjuna Subject : -
Articles 65 Documents
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KONSEP PERJODOHAN PERSPEKTIF PENGASUH PESANTREN SAYYID MUHAMMAD ALWI AL MALIKI DAN IMPLIKASINYA TERHADAP PEMBENTUKAN KELUARGA SAKINAH Muhammad Juhariyanto
ASA Vol 5 No 1 (2023): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i1.64

Abstract

Matchmaking is often a conversation among teenagers at this time, which basically is an effort from the guardian to his child in determining a partner or a marriage that is not based on the independent efforts of the bride and groom to get married. This research is an Empirical Qualitative research that goes directly to the field to get data directly from the object of research (field research). By using descriptive-analytical method, strengthened by data documentation (secondary data) in the form of books, journals, previous research and yellow book literature, Al Quran, and Hadith. The subjects of this research are the caregiver of the pesantren and several alumni of Sayyid Muhammad Alwi Al maliki Islamic Boarding School and their alumni who were married based on matchmaking considerations made by the kiai and also several students who have been matched by the kiai based on his considerations.
PENENTUAN AWAL DAN AKHIR BULAN RAMADAN DENGAN METODE HISAB “URF KHOMASI” DI PESANTREN MAHFILUDDUROR JEMBER Abdul Hanip
ASA Vol 5 No 1 (2023): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i1.65

Abstract

Determination of the beginning of the Kamariah month is one of several branches of astrology that often causes problems. This is due to the use of different methods of determining the beginning of the month. Nowadays, there are many contemporary hisab theories that are more up to date with astronomy. However, in practice there are still many groups that use hisab 'urfi as the basis for determining the beginning of the Kamariah month, especially for determining the beginning of Ramadan and Shawwal. Hisab 'urfi is a calculation method based on the average circulation of the Moon around the Earth, with inaccurate calculation results because it does not pay attention to other astronomical factors. One of the groups that still use the 'urfi hyssab is the Khomasi 'urfi hyssab user at the Mahfilud Duror Islamic Boarding School, Suger Kidul Village, Jelbuk District, Jember Regency. Many contemporary hisab methods that have sprung up and unification efforts by the Government do not make Khomasi 'urfi hisab users budge. They still persist with what they believe so far.
PERNIKAHAN MELANGGAR MASA IDDAH DALAM HUKUM POSITIF DAN SYRIAT ISLAM Ika Susanti
ASA Vol 5 No 1 (2023): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i1.66

Abstract

According to Islamic law, marriage is a contract stipulated by Shara' to allow pleasure between men and women and legalize the pleasure of women with men. Marriage, which in religious terms is called "Nikah", is to make a contract or agreement to bind themselves between a man and a woman to legalize sex between the two parties to create a family life filled with love and tranquility in a way that is approved by Allah SWT. This research is a type of field research. The use of field qualitative types is because "research must go to the field, engaging with the community means participating in feeling what they feel as well as getting a more comprehensive picture of the place situation". In Islam, women who are carrying out the iddah period are prohibited from getting married. Because the fuqaha agree that it is forbidden to propose to a woman during the iddah period. Meanwhile, the iddah period has come into effect since a husband has pronounced a divorce and must be followed by three menstrual periods. The purpose of the iddah period is to carry out the commands of Allah SWT. If the woman has committed a prohibition during the iddah period, by marrying before the iddah period is over, the marriage is considered void according to Article 71 of the Compilation of Islamic Law and Article 22 of the Marriage Law Number 1 of 1974 and an application for annulment of marriage can be submitted according to Article 73 of the Compilation of Islamic Law. If you want to continue your marriage, you must do a new contract that is in accordance with the objectives, pillars and conditions of marriage. Both have had intercourse and have been running for a long time. If one of the two of them is aware of the law in the iddah period, then the hadith applies to an adulterer, namely stoning and binding.
PANDANGAN ASGHAR ALI ENGINEER TERHADAP PEMBERIAN NAFKAH BAGI MANTAN ISTERI Erfan Habibi; Muhammad Holid
ASA Vol 5 No 1 (2023): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i1.67

Abstract

When there is a divorce between husband and wife, it creates obligations that must be obeyed by a husband and wife, and these obligations include a former husband who is obliged to provide a gift that must be given to the former wife who has been divorced, the gift is in accordance with the economic conditions of the former husband (according to his ability), The provision of nafkah is as a comfort during the 'iddah period, in Islamic Law the provision of nafkah is only during the 'iddah period, this is different from Asghar's opinion, according to him the provision of nafkah for divorced ex-wives, not only during the 'iddah period, but until remarriage or death. To answer these problems, the authors use theories based on the Qur'an, hadith, to see the verses relating to the provision of maintenance for ex-wives, then use maslahah and gender equality, to see the benefits and for the benefit of providing maintenance for the ex-wife. The criteria for women who are entitled to ongoing maintenance from their ex-husbands are for women who are unable to maintain themselves (poor), because they are very old, have no family or relatives, because it is far from a sense of justice if a woman who has been divorced returns to her parents or to her relatives. Asghar thinks that there are two key words in Surah al-Baqarah (2): 241, which relate to the provision of maintenance for ex-wives: Mata'ah and Ma'ru>f, the Qur'an says that they must not only be released in a good way (Ma'ru>f) but provisions (Mata'ah) are also provided in a good way as well, Asghar Ali Engineer's thinking has relevance to Law No. IX. I year 1974 article 41c This of course also has implications for KHI which only provides maintenance for ex-wives only until the 'iddah period, and the provision of maintenance for divorced ex-wives can be given but by looking at these criteria and also looking at whether the divorce is in accordance with shara', what is the economic status of the ex-wife and also the ex-husband, and also whether there are dependent children on him, and also whether there are children dependent on him.
MEKANISME PENETAPAN SAHAM SYARIAH DALAM KETEGORI INDEKS SAHAM SYARIAH INDONESIA (ISSI) PADA BURSA EFEK INDONESIA (BEI) SURABAYA Ahmad Khoirin Andi
ASA Vol 5 No 1 (2023): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i1.68

Abstract

Determination of sharia shares conducted by the Indonesia Stock Exchange is carried out 2 (two) times a year, namely in June and December with due regard to the issuer's operations. In determining sharia shares, the Indonesia Stock Exchange first submits a list of names of issuers that will be submitted at a joint determination meeting with the Financial Services Authority (OJK) and also the National Sharia Board - Indonesian Ulema Council (DSN-MUI). The determination of sharia shares refers to regulations and fatwas that have been issued by these institutions. Issuers who do not meet the criteria for sharia shares will be issued in the List of Sharia Securities (DES), while issuers that qualify as sharia shares will be included in DES. (2) Factors that affect shares can be categorized as sharia shares are issuers whose operations do not engage in production, service and income activities that are prohibited by Islam, namely usury, maysir, gharar, gambling, and products produced which are forbidden by religion. As well as the articles of association of a listed company remain in sharia principles.
TAJDIDUN NIKAH UNTUK LEGALITAS BUKU NIKAH PERSPEKTIF MASLAHAH Ahmad Khoirin Andi; Muhammad Holid
ASA Vol 5 No 2 (2023): AGUSTUS
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i2.71

Abstract

According to Positive Law, pursuant to newest Law that is [Code/Law] Number 16 Year 2019 about Change of Law Number 1 Year 1974 is connubial of marriage age definition have been turned into 19 year between men age and also woman. (iii) Resistance and constraint in face of nuptials phenomenon is early evaluated from existing invitation aspect that order legislation of marriage only made by complement value after books concept of fiqh traditional. This is one of the cause less maximal it application Legislation Of contemporary Law Family Moslem in field because of by legislation content there are some which interfere in or minimize disagree with philosophic value, and yuridis of sosiologis going into effect in society majority. As for effort conducted for the meminimalisir of nuptials early that is; grow awareness at society for the importance of education at children exself and the rising generation, cultivation of education of religion for every child, and also is same activity of party with KUA District
STUDI ISLAM BERBASIS NORMATIVE ISLAMIC AND HISTORICAL ISLAMIC Wahid Ahtar Baihaqi; Mulyadi
ASA Vol 5 No 2 (2023): AGUSTUS
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i2.72

Abstract

The development and enrichment of Islamic studies should pay attention to the epistemology carried by the insider-outsider perspective. Epistemologies that have developed in the Islamic world such as al-bayan (rationalism), al-burhan (empiricism) and al-irfan (intuition) must be strengthened with epistemologies that develop with advances in knowledge that are commonly used as a scalpel for outsider analysis such as the phenomenology of religion, distanciation (distancing from the object), appropriation (appropriation of the object for the horizon of the self), ideology criticism (criticism of prejudice and religious illusions), imaginative variation (play of imagination of meaning), deconstruction (demolition of illusions and established doctrines), and hermeneutics (methodology and philosophy of interpretation). With the collaboration of insider and outsider epistemology, the tension between insider and outsider studies can be bridged. Regarding the latter, the idea of an inside-outsider crosscheck, where a scholar's study of a society's religion must be verified by members of that society, deserves to be appreciated.
PERNIKAHAN MELANGGAR MASA IDDAH DI TINJAU DARI PERSEPEKTIF HUKUM ISLAM DAN HUKUM POSITIf Muhammad Heru Hresnawanza; Taufik
ASA Vol 5 No 2 (2023): AGUSTUS
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i2.73

Abstract

Marriage is a sunnah of the prophet that even if it is not recommended, humans in their nature will do marriage themselves. However, keep in mind that every time there is a meeting there must be a separation as well as marriage. So that if there has been a divorce then a woman carries out the iddah time but there are many incidents that do not do that rule so that it needs to be discussed by researchers. This research is a type of field research (field reseach) using qualitative methods. The types and sources of data used are primary data and secondary data, data collection techniques using observation, interviews and documentation. The results of this study are that a woman who has divorced her husband and carried out the iddah period, there are rules that must be avoided by the woman, including not being allowed to remarry, using perfume, and wearing clothes that can cause fitnah.
IMPLIKASI PERGESERAN KONSEP GENDER TERHADAP FORMULASI HUKUM ISLAM Siti Kholida
ASA Vol 5 No 2 (2023): AGUSTUS
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i2.74

Abstract

This research is quantitative in nature. The data required in this study were collected using the following techniques: interviews, questionnaires and literature studies. The data collected was then processed by editing and coding techniques and then transferred into data recapitulation. Furthermore, the data that has been processed is analyzed by quantitative methods using different test techniques with the chi kwadrad formula and relationship test techniques with the product moment test formula. These techniques were used as estimation tools to determine the differences in attitudes based on the gender of the respondents with the rigidity and flexibility of their responses to the shifting concept of gender. Then the results of the analysis are presented in a descriptive-qualitative manner so as to illustrate the rigidity and flexibility of Islamic legal formulations and their gender shift patterns. From this research, it is assumed that the findings will be obtained that the responses of lecturers and students, both men and women, to the shifting concept of gender do not show any significant differences. In this case, lecturers and students, both male and female, respond to the shifting concept of gender with relatively similar attitudes and views and agree that gender is a socio-cultural construction of the standard image in the division of labor between men and women and not as nature as sex.
PERNIKAHAN DINI PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA Achmad Al-Muhajir; Amrotus Soviah
ASA Vol 5 No 2 (2023): AGUSTUS
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i2.75

Abstract

This research aim to know, view punish Islam and related positive law of nuptials phenomenon early. This research type that is research qualitative and use descriptive approach. As for source of used data that is primary data and data of sekunder. Technique data collecting cover: Observation, Interview and Documentation. Obtained data from result of research processed by using data analysis descriptively qualitative. Result of this research indicate that (i) Conception nuptials of age early according to Islam is immeasurable, its nucleus; core, nuptials early as long as fufilled its foundation condition of validity according to fiqh. (ii) According to Positive Law, pursuant to newest Law that is [Code/Law] Number 16 Year 2019 about Change of Law Number 1 Year 1974 is connubial of marriage age definition have been turned into 19 year between men age and also woman. (iii) Resistance and constraint in face of nuptials phenomenon is early evaluated from existing invitation aspect that order legislation of marriage only made by complement value after books concept of fiqh traditional. This is one of the cause less maximal it application Legislation Of contemporary Law Family Moslem in field because of by legislation content there are some which interfere in or minimize disagree with philosophic value, and yuridis of sosiologis going into effect in society majority. As for effort conducted for the meminimalisir of nuptials early that is; grow awareness at society for the importance of education at children exself and the rising generation, cultivation of education of religion for every child, and also is same activity of party with KUA District

Page 4 of 7 | Total Record : 65

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