RETHINKING KONSEP NUSYUZ RELASI MENCIPTAKAN HARMONISASI DALAM KELUARGA

Dalam realitas hidup berumah tangga yang terjalin dalam relasi suami istri, biasanya membawa konsekuensi baik dan buruk. Implikasi yang baik berupa terciptanya suasana menyenangkan dan menentramkan bagi keduanya. Sedangkan implikasi yang buruk menyebabkan ketidakharmonisan dalam perkawinan. Konflik perkawinan kerap menyebabkan pertengkaran, perdebatan sengit, bahkan tak jarang terjadi kekerasan pisik dan psikhis, sehingga dapat mengakibatkan terganggunya keharmonisan hubungan suami isteri dan memunculkan nusyuz (kedurhakaan). Faktor terjadinya nusyuz disebabkan oleh berbagai faktor, mulai dari rasa ketidakpuasan salah satu pihak atas perlakuan pasangannya, hak-haknya yang tidak terpenuhi, atau adanya tuntutan yang berlebihan dari satu pihak terhadap pihak yang lain. Selama ini nusyuz selalu disematkan pada istri sebagai pembangkangan atau ketidaktaatan istri terhadap suami, sehingga seakan-akan nusyuz tidak pernah terjadi pada suami. Keadaan yang seperti ini seringkali menjadikan suami melakukan tindakan kekerasan tehadap istri, maka disinilah penting kiranya untuk melakukan pemahaman ulang –rethinking–, terhadap konsep nusyuz dalam perspektif al Quran. Hukum Islam sebagai syari’at yang lengkap telah menetapkan sejumlah aturan sebagai rule of the game guna mengatasi permasalahan ini yang pada prinsipnya merupakan usaha perbaikan dalam menangani konflik agar suami isteri dapat rukun kembali, namun apabila hal itu tidak dimungkinkan, maka dapat diakhiri dengan jalan perceraian baik berupa talak atau khulu’.

MORAL POLITIK GERAKAN MAHASISWA DALAM PERSPEKTIF TINJAUAN FILOSOFIS HUKUM ISLAM

The dynamics of the student movement is a study that will not be interrupted and very interesting. It is a reality both from a historical perspective and in the context of reality that the dynamics of student movements have provided a phenomenon that continues as if it had no end. However the student movement has colored various political events in Indonesia. This is what sometimes does not bring a productive solution This paper aims to discuss some philosophies of Islamic teachings that can be a reference in the student movement.

PENCATATAN PERKAWINAN SEBAGAI REKONSEPTUALISASI SYSTEM SAKSI PERKAWINAN BERBASIS MASLAHAH

Marriage registration is often the subject of discussion among academics in the aspect of legal legitimacy. Is marriage registration a condition of marriage, or the harmony of marriage ?. From all the discourses available, the writer concludes that the recording of marriage in the al-maslahah review is a new witness system, but cannot replace the position of the witnesses who have been introduced and patented in the construction of classical texts and fiqh. its existence is only as complementary, but it is very mandatory to be fulfilled because it impacts on aspects of marriage, both directly and indirectly, such as to the status of the child on a birth certificate, divorce, and other aspects as a result of a marriage, also divorce.

MEMILIH CALON PASANGAN SUAMI-ISTRI DALAM PERKAWINAN ISLAM

Marriage guidance in Islam starts with an explanation of how to choose a potential mate before knitting a marriage bond. Many people observe that the guidance given by Islam is only oriented to the fulfillment of the spiritual aspects and ignores the material aspects which are the means of human life, especially the fulfillment of mental or psychological aspects. This study seeks to analyze the criteria for choosing prospective marriage partners in Islam through the perspective of the psychology of Islamic families. As a new theory, Islamic family psychology has considerable urgency in interpreting the Shari'a rules on family law in a more humane manner, and at the same time to identify mental phenomena that affect the achievement of the objectives of Islamic marriage law. The results of this study state that from a psychological perspective, criteria for choosing a potential partner in an Islamic marriage are still quite relevant and truly influence one's personality in the course of a married life. Actualization of the candidates to choose the candidate pair includes judgments: (1) material aspects in the form of wealth ma> liyyah), social status (h {asabiyyah), beauty or good looks (jasadiyyah); (2) spiritual aspects in the form of a prospective partner's religion; and (3) aspects of comparability or kafa>, especially the perspective and life mission of the prospective spouse.

BUDIDAYA CACING DAN TOKEK DALAM PERSPEKTIF HUKUM ISLAM

This paper discusses the problems that arise now relating to the discovery of the method of raising worms and geckos which were previously unthinkable by humans and even classified as disgusting animals are now an alternative source of food or used as a tool to meet human needs. Problems with worms, geckos and crickets are among the categories of problems that are not textually confirmed by the Quran or the Hadith. So to find out the law applies or requires ijtihad. The legal excavation method in this study uses 3 approaches, namely: Us} u> l Fiqh's Rule Approach, Istis} la> h} methodology approach (exploring the potential for benefit), and the analysis approach of the opinion of fiqh scholars. The result is the worm and gecko cultivation law from the perspective of fiqh law from the point of view of the farmers, which is to be traded or consumed permitted / permissible / halal by considering the benefits.

URGENSI TES URIN BAGI PASANGAN CALON PENGANTIN PERSPEKTIF ISTIHSAN AL-SYARAKHSY

In carrying out marriage there are harmony and conditions that must be met, includes the existence of a prospective husband, prospective wife, marriage guardian, two witnesses, and qobul consent, the provision is based on KHI article 14 in chapter IV concerning the terms of marriage. But in 2019, the East Java region imposed a urine test on the bride and groom as additional marriage conditional. Urine test conducted for the bride and groom is a policy of the regional office of the ministry of religion in East Java in an effort to reduce the number of drug abuse. Because the number of drug users in East Java is very high and has expanded to remote areas of the village so that prevention and control effort are needed evenly, efficiently and structured. With the enactment of the policy of the regional office of the ministry of religion in East Java above, the religious affairs office obliges the bride and groom to take a medical and urine test. Implementation of this urine test will not obstruct the marriage process of the bride and groom, if one or both brides are proven to use narcotics, the bride and groom will get rehabilitation treatment by the East Java BNNP. This is done so that the condition in question does not become worse after marriage. Using the analysis of Istihsan al Syarakhsy shows that there is harmony and as a reinforcement that the urgency of urine tests for brides is a form of response both done in an effort to get justice and benefit.

NASAB BAYI TABUNG DALAM PRESPEKTIF HUKUM ISLAM DAN MAQASID SYARI’AH

The main problem in this research is how the reasons for determining nasab IVF and how is the study of Maqasid al-Shari'ah about nasab ?. This research is classified as research (Librative qualitative research). In answering the existing problems, the authors collected data through documentation by utilizing several books that deal with problems. And then analyzed using descriptive methods of analysis with a deductive mindset that is expressed data in general and then drawn to specifics. The results of this study reveal that there are two ways of making IVF that are justified by religion and fulfill the legal requirements of Islamic law. Namely: 1) Fertilazation in Vitro (FIV) by taking the husband's sperm and wife's ovum then processed in vitro (tube), and after fertilization, then transferred in the wife's uterus. 2) Intra Felopian Tuba Gramet (GIFT) by taking husband's sperm and wife's ovum, and after fertilization occurs, it is immediately planted in the oviduct (fallopian tube). In terms of the Maqasid al-Sharia'h, the text is one of the goals of creating benefit, regularity and expediency to protect offspring. In the perspective of Maqasid as-Shari'ah categorized as al-Muhafadzah ala an-Nasl (maintaining offspring), namely: guaranteeing the sustainability of the human population to stay alive and develop healthy and sturdy, both character and religion.

PERAN BMT GLOBAL MADANI INDONESIA DALAM PENANAMAN NILAI ENTREPRENEUR MAHASISWA ES (EKONOMI SYARIAH) INSTITUT KH.ADUL HALIM PACET MOJOKERTO

Research with the title The Role of BMT Global Madani Indonesia In instilling entrepreneurial values of ES students (Islamic Economics) Institute of KH Abdul Chalim Pacet Mojokerto, BMT Global Madani Indonesia Pacet Mojokerto is present as a place for students to instill entrepreneurial values as well as intermediary institutions (fund collectors and channelers) in order to fulfill the commitment to participate in building small and medium classes of Indonesian Muslims, blessed by Allah SWT. This research uses the type of field research, so that this research is carried out intensively, in detail, and in depth on the object under study, because it is more broadly that the approach ultimately determines the results obtained.

HISTORISITAS DAN SUMBER DALIL UṢUL FIQH SHI’AH

In the history of the development of Islamic law, the existence of fiqh is one of the sciences that has given birth to a variety of methodologies in Islamic legal studies. Broadly speaking, the existence of fiqh proposals can be represented by the presence of Sunni and Shi'a fiqh proposals. As a theological group in Islam, Shi'ah has a different concept of fiqh from Sunni. This research is descriptive in nature, providing an explanation of the history of the development of shia fiqh, law in the perspective of shia, the propositions of shia fikh, and Istinbat in the perspective of shia. The conclusions from this study, that the Shi'a fiqh proposal is divided into two groups, namely Akhbariyyun and Uṣuliyyun. In the process of determining the law, the Akhbariyyun group returned the matter to the Qur'an and Sunnah based on the determination of their Imams. The Akhbariyyun group holds that only their imams have the authority of ijtihad to establish laws based on the Qur'an and Sunnah. As is known, scholars' Shi'ah call Dalil al-Qur'an, Sunnah, Ijma, and ‘Aql as the proposition Ijtihadi. Thus it can be said that Uṣul Shi’ah Akhbariyyun is; Al-Kitab, namely al-Qur'an, Sunnah and words, deeds, and taqrir of the Imam. The Uul Uṣuliyyun group, namely; Al-Kitab, Sunnah, and the words, deeds, and taqrir of the Ulema and Ijtihad which in their terms are called the proposition ‘Aql.

HIKMAH DIBALIK KAEDAH DUA BANDING SATU PADA HUKUM WARISAN

The principle of balanced justice in Islamic inheritance law dictates that men and women are equally entitled to appear as heirs, with different forms. Based on the qath'i text, the just and balanced means in the Islamic inheritance law is that the male portion is equal to the share of two women (2: 1 for male and female). The difference in costs is not due to gender issues, but rather the differences in duties and responsibilities imposed on men are greater than those imposed on women in the context of Islamic society, according to conventional standard theory which states: "The greater and heavier the burden is men, the greater the rights that will be obtained ", due to the costs that must be incurred to carry out greater responsibilities.