scholarly journals Pertukaran Peran Suami-Istri dan Implikasinya Terhadap Waris Perspektif Maqāṣid Al-Syarī‘ah

2019 ◽  
Vol 5 (01) ◽  
pp. 73-80
Author(s):  
Sukarman Sukarman ◽  
Abdul Hadi
Keyword(s):  
Social Change ◽  
Functional Traits ◽  
Islamic Law ◽  
Integral Functional ◽  
Husband And Wife

This paper reviews three main things in families that have integral-functional traits (childcare, livelihood and inheritance). Paradigm of conventional Islamic law divides the role between husband and wife rigidly. for example, living is the duty ofa husband, caring for children is the duty of the wife, and inheritance rights are legal 2 : 1 for husband and wife. With the occurrence of social change that has caused a change in the role of husband and wife both in the form of division of rolesand even the exchange of roles between husband and wife. This is certainly not fair when there is no balance between rights and burden carried out, so we need a fair legal solution. There fore this study analyzes the problem using the perspective of maqâṣid asy-syarî‘ah.

scholarly journals PREWEDDING PHOTO PROCESSION AND THE ROLE OF THE FAMILY IN THEM

2020 ◽  
Vol 10 (2) ◽  
pp. 246
Author(s):  
Aulil Amri
Keyword(s):  
Islamic Law ◽  
Religious Values ◽  
Religious Knowledge ◽  
The Family ◽  
Marriage Contract ◽  
The Law ◽  
Husband And Wife ◽  
As If

In Islamic law, pre-wedding photos have not been regulated in detail. However, pre-wedding photo activities have become commonplace by the community. It becomes a problem when pre-wedding is currently done with an intimate scene, usually the prospective bride uses sexy clothes and is also not accompanied by her mahram when doing pre-wedding photos. Even though there have been many fatwas and studies on the limits of permissibility and prohibition in the pre-wedding procession.The results show that the pre-wedding procession that is carried out by the community in terms of poses, clothes, and also assistance in accordance with Islamic law, the law is permissible. However, it often happens in the community to take photos before the marriage contract with scenes as if they are legally husband and wife and the bride's family knows without prohibiting, directing, and guiding them according to Islamic teachings. In this case the role of the family is very important, we as parents must understand the basis of religious knowledge and how to instill religious values in our children since childhood is the key to this problem dilemma.

scholarly journals Islam Nusantara dan Gagasan Membumikan Islam; Respon Atas Perubahan Sosial dan Kebhinnekaan

2020 ◽  
Vol 7 (2) ◽  
Author(s):  
Muhamad Bin Abdullah Alhadi ◽  
Najwaa Chadeeja Alhady
Keyword(s):  
Social Change ◽  
Islamic Law ◽  
The People ◽  
Muslim Scholars

ABSTRACTCommunity in various activities will bring social change, then every social change generally causes changes in system and legal values. Islam came and responded to these changes, opening widely the possibility of reforming Islamic teachings or Islamic law in accordance with the conditions and needs of the people. Ijtihad conception in Islamic teachings has formulas and rules that have been established, which are intended to create the welfare of the people and the awareness from new influences coming from outside of Islam --especially social change and diversity. This paper not only reveals the Islamic response in general, but also discusses the role of Indonesian Muslim scholars in responding to these changes and diversity. Keyword: Islam nusantara, social change, diversity  ABSTRAKMasyarakat dengan berbagai keragaman aktifitas yang dilakukan akan membawa perubahan sosial, dan setiap perubahan sosial pada umumnya menyebabkan perubahan nilai sistem dan hukum. Islam datang dan memberikan respon perubahan-perubahan tersebut, membuka secara luas kemungkinan untuk mereformasi ajaran Islam atau hukum Islam sesuai dengan kondisi dan kebutuhan umat. Pembaruan pemikiran (ijtihad) dalam ajaran Islam memiliki rumusan dan aturan yang telah ditetapkan, yang dimaksudkan untuk menciptakan kesejahteraan masyarakat dan kesadaran akan pengaruh baru yang datang dari luar Islam --terutama perubahan sosial dan sikap atas keberagaman. Tulisan ini tidak hanya mengungkapkan respons Islam secara umum, namun juga mendiskusikan peran cendikiawan Muslim di Indonesia dalam menanggapi perubahan dan kebhinnekaan tersebut. Kata kunci: Islam nusantara, perubahan sosial, Kebhinnekaan

scholarly journals Editorial Preface

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Nurdin Nurdin
Keyword(s):  
Information System ◽  
Child Care ◽  
Supreme Court ◽  
Islamic Law ◽  
Low Cost ◽  
Psychological Needs ◽  
The Body ◽  
Law And Society ◽  
Husband And Wife

International Journal of Contemporary Islamic law and Society volume 2 issue 1 offers six   articles covering topics of Islamic law studies. Various issues relating to Islamic family law are interestingly presented to contribute to the body of knowledge and practices. Academia and practitioners in Islamic law studies may gain insight from reading these articles.   The first article is titled “The Role of Husband and Wife in Child Care From Islamic Law Perspectives” written by Minhar Minhar, Zainal Abidin, and Hilal Malarangan from Postgraduate studies Institut Agama Islam Negeri Palu. This paper discusses the role of husband and wife in child care from Islamic perspective. The second article is titled “Effectiveness of Marriage Services Through Information System Management (SIMKAH) at Palu City Religious Court” written by Imam Muslih, Nurdin Nurdin, and Marzuki Marzuki. The paper discusses the effectiveness of marriage services through Marriage Management Information System (SIMKAH) at Palu city religious court. The third article is titled “Analysis of the Case of Divorce and Its Settlement in the Religious Court of Palu City” written by Rinalti Rinalti, Syahabuddin Syahabuddin, and Ermawati Ermawati. This paper discusses the cases of divorce and its settlement in the Religious Court of Palu. The fourth paper is tittled “ Analysis the Fulfilment of Physical and Psychological  Needs of Convicted Criminal From An Islamic Law Perspective” written by Syaifuddin Syaifuddin, Muhammad Akbar, and Mummad Syarif Hasyim. The paper discusses the implementation of conditional leave (CL) in fulfilling prisoners' physical and psychological need of  prisoners from Islamic law perspectives. The fifth article is titled “ The Effectiveness of Indonesia Supreme Court Regulation Number 1 Year 2016 Concerning Mediation of Marriage Disputes” written by Sukaenah Sukaenah, Rusli Rusli, M. Taufan B. This paper discusses the effectiveness of Indonesia Supreme Court Regulation No. 1 year 2016 concerning mediation  marital disputes in the Religious Court. The last paper is title “ The Effectiveness of the Implementation of the Principle of Simple Court Procedures, Fast and Low Cost in a Case of Divorce Lawsuit” written by Muhammad Haekal, Abidin Abidin, and Siti Musyahidah.  The purpose of the study is to investigate the effectiveness of the implementation of simple, fast and low-cost religious court procedures in the divorce case at the Religious Court, Palu.   I hope the articles presented in this issue add further empirical evidence to the growing body of research that examines various fields from Islam perspectives.  The articles could trigger other research to study other field of study with Islam perspectives Islamic institutions in Indonesia.    Nurdin Nurdin Editor-in-Chief IJCILS:  International Journal of Islamic Contemporary law and Society Volume II, Issue 1

scholarly journals DINAMIKA HUKUM ISLAM DAN PERUBAHAN SOSIAL

2018 ◽  
Vol 15 (1) ◽  
pp. 1
Author(s):  
Titin Samsudin
Keyword(s):  
Social Change ◽  
Social Interaction ◽  
Islamic Law ◽  
Social Process ◽  
Social Community ◽  
Concrete Form ◽  
The Social ◽  
Way Of Thinking ◽  
The Way

Abstract The dynamism of Islamic law must have an effect on the process of social interaction. In vice versa, social status that absorbed through interaction between religion and society will have an implication to the social process. social change in society always demands changes in the law, so legal change can lead to social change. Sociologically, the society always changes. The change of a society can be influenced by the way of thinking and the value of existing in society. The more advanced the way of thinking of a society will be more open problematika that happened, The more problematic faced by society hence the settlement demand also getting harder. So it takes a serious effort in solving it. Thus the role of Islamic law in answering all issues that are increasingly growing in the social community is very urgent done. As an illustration and concrete and concrete form of the dynamic of Islamic law.  Abstrak Dinamisasi hukum Islam pastilah berpengaruh terhadap proses interaksi sosial. demikian pula sebaliknya status sosial yang terserap melalui interaksi antara agama dan masyarakat akan berimplikasi terhadap proses sosial. perubahan sosial dalam masyarakat selalu menuntut adanya perubahan hukum, demikian pula perubahan hukum dapat menimbulkan perubahan sosial. Secara sosiologis masyarakat senantiasa mengalami perubahan. Perubahan suatu masyarakat dapat dipengaruhi oleh polapikir dan tata nilai yang ada dalam masyarakat. Semakin maju cara berpikir suatu masyarakat maka akan semakin terbuka problematika yang terjadi, Semakin banyak problematika yang dihadapi oleh masyarakat maka tuntutan penyelesaiannya juga semakin berat. Sehingga membutuhkan upaya yang sungguh-sungguh dalam menyelesaikannya. Dengan demikian peranan hukum Islam dalam menjawab semua persoalan yang semakin hari semakin berkembang dalam sosial masyarakat sangatlah urgen dilakukan. Sebagai gambaran dan bentuk konkrit serta nyata dari dinamisnya hukum Islam.

Peran Kiai Dalam Menyelesaikan Konflik Keluarga

2021 ◽  
Vol 1 (2) ◽  
pp. 184-193
Author(s):  
Muhammad Habib ◽  
Muhammad Shaleh ◽  
 Muhammad Hasbi
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Married Couples ◽  
Mediation Process ◽  
Family Conflicts ◽  
Interesting Phenomenon ◽  
Library Research ◽  
The People ◽  
Husband And Wife

An interesting phenomenon that occurs in the people of the Tanjung Pura Subdistrict, Langkat Regency, who still consider the kiai to be a highly respected and respected figure. In terms of problems that occur between husband and wife such as nusyuz and syiqaq, people still believe that by telling the kiai, they will get the best solution as an effort to resolve conflicts that occur in their families. This type of research is juridical-empirical law research (Socio-Legal Research). This research was conducted by looking for field data (field research) and library research, namely analyzing data sources on books. Data collection techniques were carried out by conducting interviews with kiai and communities in several villages in the Tanjung Pura District, Langkat Regency. The purpose of this study was to determine the role played by the kiai in resolving family conflicts in Tanjung Pura District, Langkat Regency and to find out the review of Islamic law and its legislation related to the resolution of family conflicts involving a kiai. The results of the research that have been carried out conclude that the kiai has a role in reducing family conflicts in the community in the Tanjung Pura District, Langkat Regency, including the first role of the kiai in providing good solutions to problems faced by married couples, secondly the role of the kiai in trying to reconcile husband and wife. -wife who is in disagreement, the three roles of the kiai are good protectors in an effort to resolve family conflicts. Islam gives up the freedom of settlement to reach an agreement to make peace for those who are in dispute. This is done because Islah-shulh is part of Islamic teachings to resolve a dispute or conflict peacefully. However, it is different from the laws and regulations which have their own rules in the implementation of mediation in court. In accordance with Perma No. 1 of 2016 Article 13 that to be a mediator in the mediation process must have a certificate. With regard to efforts to resolve family conflicts by involving the kiai as hakam, this is permissible. However, the role of the kiai as a mediator or hakam can only be carried out in an effort to resolve disputes that have not been submitted to court with the consent of the conflicting parties. Unless, the kiai already has a certificate as a mediator. Keywords: kiai; mediator; Family

scholarly journals The Role of Husband and Wife in Child Care From Islamic Law Perspectives

2020 ◽  
Vol 2 (1) ◽  
pp. 1-19
Author(s):  
Minhar Minhar ◽  
Zainal Zainal ◽  
Hilal Malarangan
Keyword(s):  
Child Care ◽  
Islamic Law ◽  
Theory Approach ◽  
Religious Behavior ◽  
The Village ◽  
Grounded Theory Approach ◽  
Depth Interviews ◽  
Islamic Values ◽  
Husband And Wife

This paper discusses the role of husband and wife in child care from Islamic perspective. This study uses qualitative methods and data was gathered through observation, in-depth interviews, and written material. Data analysis was analyzed using grounded theory approach. The results show that parenting activities in the village of Tinggede are not only about rising children, but also about educating, guiding, and protecting children from childhood to adulthood in accordance with Islamic values, norms and culture. The parents expect their children can grow and develop naturally, harmony, and balance based on Islamic teaching. Parenting in Islamic law (hadhanah) is a responsibility of both parents who must get special attention from their parents in particular during childhood period. The authors conclude that parents should accompany their children with Islamic values and norms to inculcate religious behavior of their children.

scholarly journals Pengaruh Ketimpangan Pendapatan Suami Istri terhadap Tingginya Kasus Cerai Gugat Di Pengadilan Agama Kelas 1B Kabupaten Ponorogo

Mahakim ◽  
2019 ◽  
Vol 3 (2) ◽  
Author(s):  
Arlinta Prasetian Dewi ◽  
Budi Setiawan
Keyword(s):  
Income Inequality ◽  
Case Studies ◽  
Migrant Workers ◽  
Islamic Law ◽  
High Rate ◽  
Income Gap ◽  
Female Workers ◽  
The Relationship ◽  
Husband And Wife

Ponorogo is a city that has a high rate of divorce cases. From the divorce cases, the majority of submissions come from female workers who work as migrant workers, the implication is that the wife has a far greater income than her husband giving rise to a shift in the role of husband and wife which also results in a shift in rights and obligations. Although Islam allows a wife to work (in the context of helping her husband), it is expected that the husband and wife have considered together the good and bad consequences that may arise from the decision. Income gap or income inequality between husband and wife if not interpreted wisely can have an impact on the disharmony of the relationship between the two can even reach the stage of divorce. This research will explain an analyze the effect of income inequality between husbnad and wife on the high cases of divorce in Ponorogo. For that, researcher will examine this income inequality in the view of the sociology of Islamic law in the Ponorogo community in particular and driving factors the rise of female workers in Ponorogo and things that arise when the wife’s income is greater than her husband. The paradigm of this research is used a qualitative paradigm with emphasis on case studies in teh field. The result of the research stated that income inequality where the wife has a greater income than the husband is not a main problem in divorce cases, but there are other factors as a trigger such as the inability of the husband in managing finances, the wife’s takings is only for consumptive activities and even tends to spree, the interference from the husband’s family, especially in financial matters, lack of understanding of religion, and infidelity. This hiigh financial ability of the wife ultimately makes the wife dare to sue for divorce of her husband.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

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