Al-Usroh

WANITA KARIER DALAM KELUARGA PERSPEKTIF FEMINISME DALAM ISLAM

Muhammad Zikrurahman — Sun, 17 Dec 2023 00:00:00 +0000

Abstract

The aim of this research is to eradicate the ignorant thoughts that still linger regarding people's beliefs that think that women do not have the right to have a career or that women are only limited to domestic matters. With the means of feminism, women can fight for their rights to have a career according to their competence as long as this does not have a negative impact on them. The method used in this research is a library research method. that library or literature study can be interpreted as a series of activities relating to methods of collecting library data, reading and taking notes and processing research materials. The results of this research show that based on feminism in Islam, women are allowed to pursue careers in accordance with women's characteristics, because Islam has principles of justice and human equality, both women and men, from slavery to traditionalism, authoritarianism (religious, economic, political or other). , racism, sexism, tribalism, slavery or anything that hinders people who want to actualize the Qur'anic vision. Then for women who have a career, of course there are conditions that must be met before starting a career.

THE PRACTICE OF POLYANDRY MARRIAGE IN WOLWAL VILLAGE IN THE PERSPECTIVE OF SOCIOLOGY OF ISLAMIC LAW

Yudi Hamsah, Irma Nur Rahmi — Fri, 29 Dec 2023 00:00:00 +0000

This study aims to find out how polyandry marriages are practiced in Wolwal Village, Alor Barat Daya District, Alor Regency, East Nusa Tenggara Province. This type of research is a type of qualitative research using field research methods, so that researchers go directly to the community and obtain valid data. The procedure of this research is data collection, data reduction, data presentation and the stage of verification or drawing conclusions. Based on the data collected then analyzed using a sociological normative approach, namely by assessing the facts or realities that exist in society or the values that are held in society, whether marriage is in accordance with the rules of Islamic teachings or actually deviates. The instruments used were observation, interviews, and documentation related to polyandry marriages in Wolwal Village. Based on the research results obtained, the researchers concluded that there were polyandry marriages in Wolwal Village. This marriage was caused on the basis of ignorance about the marriage procedure recommended by Islamic law and also other factors that increased within the perpetrator of the marriage so that the marriage took place. Meanwhile, in a sociological review of Islamic law, there is a prohibition in polyandry marriages due to the fact that in this marriage there will be defects in family relations or in society in general and not knowing the biological children of the couple.

PERTENTANGAN MISI KENABIAN DAN HUKUM PERNIKAHAN BEDA AGAMA DI INDONESIA

Arif Sugitanata — Fri, 29 Dec 2023 00:00:00 +0000

The contradictions in the prophetic era over the noble mission also apply to marriage laws, especially the rules for interfaith marriages. The issue has been a long and unavoidable debate. This study seeks to answer the rejection factors and relevance of the contradiction between the prophetic mission and the law of interfaith marriage in Indonesia. Using a literature review methodology, which includes collecting relevant literature, mainly works still related to the research subject, then processed descriptively-analytically. The research suggests a correlation between the factors contributing to society's rejection of the prophetic treatise and the factors influencing Indonesian society's rejection of the interfaith marriage law. The significance lies in the mutual refusal shown by both parties, as they reject the benefits of the situation. Muslims and Indonesians alike have shown resistance to accepting the proposed benefits. On the other hand, it is also essential to recognize that a significant factor contributing to the rejection is a lack of understanding. Every individual must understand that the ideas brought by the prophets encompass genuine truths that require acceptance to safeguard earthly and afterlife existence, as well as the salvation of all humanity. Likewise, individuals in Indonesia need to understand the importance of the regulations about interfaith marriage.

LARANGAN MENIKAH PADA HARI GEBLAK ORANG TUA PERSPEKTIF HUKUM ISLAM

Fadhli Muhaimin Ishaq, Dwi Yuni Parwati — Fri, 29 Dec 2023 00:00:00 +0000

This article examines the Prohibition of Marriage on the Day of Geblak Parents from the Perspective of Islamic Law in Parit Culum II Village, West Muara Sabak District, East Tanjung Jabung Regency, Jambi Province. The purpose of this research is to find out: 1) the prohibition of marriage on geblak day in Parit Culum Village; 2) The reason for the prohibition of marriage on geblak day; 3) the prohibition of geblak marriage from the perspective of Islamic law. This article uses empirical legal research methods and legal anthropology approaches. The data sources used in this research are; field observations and interviews with several informants related to this issue such as interviews with community leaders, traditional leaders, religious leaders, and village officials of Parit Culum II village while secondary data is obtained through several books related to the theory of marriage and customary law. The data obtained is then analyzed by conducting descriptive data analysis. The result of this research is still the belief in an unfavorable day for conducting a wedding ceremony, which is referred to as the day of the parents' geblak. This tradition has been believed by the people of Parit Culum II Village for generations and is still practiced until now. Second, the provisions of the tradition of the prohibition of marriage on the day of the parents' geblak are not found in a clear or definite text in Islam, even though the practice of this marriage prohibition is not punished as haram.

PERCERAIAN KARENA FAKTOR EKONOMI DI DESA SUNGAI NYIRIH KECAMATAN SELAKAU KABUPATEN SAMBAS

Melly Nuryanti, Marluwi Marluwi, Nur Hakimah — Fri, 29 Dec 2023 00:00:00 +0000

This article examines divorce due to economic factors in Desa Sungai Nyirih, Kecamatan Selakau, Kabupaten Sambas. The purposes of this research were to find out: 1) Indicators of factors that cause divorce in Desa Sungai Nyirih, Kecamatan Selakau, Kabupaten Sambas; 2) The view of Islamic law on divorce due to economic factors in Desa Sungai Nyirih, Kecamatan Selakau, Kabupaten Sambas. This study used qualitative methods as the type of research used to obtain the data, the data sources used in this study were: 1) primary data sources data obtained from interviews with residents who experienced divorce due to economic factors; 2) secondary symbiotic data from books, journals and KHI (Islamic Law Compilation). This study also uses data collection guidelines using observations and interviews and uses data collection tools with interviews and smartphones to document images and sound recordings via cell phones. Based on this analysis, the researcher concluded that: 1) economic factors were one of the effects of divorce because there was no inner livelihood and love lost because of the husband's selfishness in providing a living, there was no level because it was by the husband's ability to meet the needs of life. 2) the view of Islamic law in the Shiqot Taklik Talak, if the husband does not provide for 3 months in a row divorce or the wife demands a divorce from her husband, divorce is allowed if there are problems experienced between the spouses.

PROBLEMATIKA JURU SITA DALAM MELAKSANAKAN TUGAS DI PENGADILAN AGAMA NANGA PINOH

Sofian Sofian, Marluwi Marluwi, Nanda Himmatul Ulya — Fri, 29 Dec 2023 00:00:00 +0000

The objectives of this study are: 1) To find out the problems of the bailiff at the Nanga Pinoh Religious Court in carrying out their duties. 2) To find out whether the bailiff at the Nanga Pinoh Religious Court has carried out his duties in accordance with Law Number 50 of 2009 concerning the second amendment to Law Number 7 of 1989 concerning Religious Courts. The results of the study can be concluded as follows: 1) The problems of the bailiff at the Nanga Pinoh Religious Court in carrying out their duties, namely the infrastructure that is less supportive, because there are villages that do not have road access for motorbikes to pass, during the rainy season natural disasters such as floods and landslides, the names of the parties are different between the nicknames and the names on the ID cards, making it difficult for the bailiff to find the litigants and in divorce cases the address of one of the parties is difficult to find. 2) The bailiff at the Nanga Pinoh Religious Court is only in charge of summoning the litigants. The bailiff at the Nanga Pinoh Religious Court has also carried out his duties in accordance with Law No. 50 of 2009 concerning the Second Amendment to Law No. 7 of 1989 concerning the Religious Courts, judging by the number of cases at the Nanga Pinoh Religious Court in 2021 which have completed 1 cases of polygamy permits, 39 cases of divorce divorce, 119 cases of litigation, 2 cases of joint property, 1 case of child control, 5 cases of guardianship, 18 cases of marriage legality, 87 cases of dispensation for marriage, 11 cases of guardian adhol and 2 cases of determining heirs. where the bailiff has a very important role in resolving the case.

MAKNA NORMATIF TAGAN DALAM WALIMAH URUSY MASYARAKAT PARIT BARU SELAKAU KABUPATEN SAMBAS

Ika Ayuni Lestari, Wagiyem Wagiyem, Arif Wibowo — Fri, 29 Dec 2023 00:00:00 +0000

Objectives of this study: 1) To know more clearly the Tagan practice system at the walimah urusy of the community from Selakau District of Sambas Regency in Parit Baru Village. 2) Legal firmness sourcedfrom the Qur’an, hadith, ijma', or qiyas as well as local personalities of ulama who explain the Tagan tradition in terms of the principle of dain (debt) or similar as a syara' argument. This study uses a qualitative method with the type of empirical-normative research. The techniques for collecting data are library research, interviews, observations, and documentation with primary data sources from the expert and secondary data sources from literacy references. The technique to validate the data is a reliability test with a research site in Parit Baru Village, Selakau District, Sambas Regency. The results of the study: 1) There is a tradition in Barit Baru village called Tagan, and the practice of Tagan was held by the wedding ceremony, the community donates goods, food ingredients, food, drinks, tents, sound music, etc. to the practice organizers as much as they can from the donation, where this donation must be exchanged Later with the same item while the donors are holding the wedding. 2) Tagan traditions based on the dain principle must be paid exactly as they are due, without reducing the level, price, amount and taste. However, with the times that are increasingly advancing and changing, there will of course be significant changes in the quality of the merchandise. So the Tagan should be paid at the fair price of the goods at that time and not following the previous price. The rule of Tagan crowns is permissible and does not contain the elements of usury. The law of Tagan is permissible and does not contain the elements of usury. So linearly, walimatul 'ursy which uses the Tagan tradition is halal.

FAKTOR-FAKTOR PENYEBAB TINGGINYA CERAI GUGAT DI KABUPATEN SINTANG

Indah Lestari, Marluwi Marluwi, Nanda Himmatul Ulya — Fri, 29 Dec 2023 00:00:00 +0000

The aims of this study are: 1) To find out the factors that cause the high rate of divorce in the Sintang Religious Court; 2) To find out the stages of handling a lawsuit for divorce in the Sintang Religious Court. This research uses qualitative methods, while the type of research used is empirical research that uses data in the field as the main data source. The data sources of this study used primary data sources, namely in the form of interviews with judges and clerks of the Sintang Religious Court whose subjects had been determined, then secondary data sources, namely from books, documents, journals and other data sources that could complement this research. The technique used in this research data collection is observation, interviews and documentation. The data collection techniques in this study were using interview guidelines, observation guidelines and smart phones. And the researcher's data analysis technique used data reduction, data exposure and drawing conclusions. Furthermore, the data validity technique is using triangulation techniques between data sources. Based on the analysis conducted by the researchers, it can be concluded that: 1) The factors that cause the high level of divorce in the Sintang Religious Court are due to continuous disputes and quarrels, leaving one party, economy, apostasy, domestic violence (domestic violence), gambling, drunk, sentenced to prison, disabled and forced marriage. However, among the factors above, the most dominant in the Sintang Religious Court is due to continuous disputes and quarrels between husbands. 2) The following are the stages of handling the divorce petition at the Sintang Religious Court, namely: reconciliation efforts, reading of the plaintiff's lawsuit, the defendant's answer, the defendant's reply, the defendant's duplicate, proof, the conclusions of the parties, the panel of judges' deliberation and the judge's decision.

PELAKSANAAN AKAD NIKAH DI KANTOR URUSAN AGAMA KECAMATAN SUNGAI AMBAWANG KABUPATEN KUBU RAYA PADA SAAT PEMBATASAN SOSIAL DI MASA PANDEMI COVID-19

Asi Sastika, Ardiansyah Ardiansyah, Arif Wibowo — Fri, 29 Dec 2023 00:00:00 +0000

In a marriage if you want to be declared legal according to religion and state, of course it must be recorded at the local District Office of Religious Affairs (KUA) in order to have clear legality, but due to the Covid-19 outbreak, the community is hampered and the implementation is different. So that the purpose of this research is 1) Knowing what the social impacts during the covid-19 pandemic are for people who carry out contracts at the KUA, Sungai Ambawang District. 2) Knowing how to carry out the marriage contract between the guardian and the prospective groom at the KUA, Sungai Ambawang District when socializing. Using qualitative research methods, namely field research and sociological juridical approach. The data sources used primary data in the form of interviews with the head and head of the KUA Sungai Ambawang District and secondary data in the form of books, articles, journals and other documents. Data collection techniques in the form of interviews and documentation. Data collection tools using interview guidelines and soft phones. then checked for validity using source triangulation. The data analysis technique uses data reduction, data presentation and conclusion drawing. So it can be said that: 1) The social impact during the covid-19 pandemic for people who carry out the marriage contract at the KUA, Sungai Ambawang District is to minimize wedding financing because there is no reception. And when planning a festive wedding reception is on the agenda and something may not happen. And 2) the implementation of the marriage contract at the KUA, Sungai Ambawang District at the time of social registration by registering online through simkah.web. And at the time of the implementation, keep shaking hands normally, only applying health protocols and using gloves for the prospective groom and the head of the village/guardian to avoid direct transmission of COVID-19.

KONSEP ALTERNATIF PENYELESAIAN SENGKETA DAN APLIKASINYA DALAM HUKUM KELUARGA

Nor Salam — Fri, 05 Jan 2024 10:55:57 +0000

This study is methodologically a descriptive study that focuses on tracking the basic concepts of alternative dispute resolution as well as their application in the context of family law (fiqh al-usrah). The conclusions of this study show that even historically, the birth of the concept of alternative dispute resolution is more related to the business world which requires patterns of dispute resolution quickly and efficiently. However, legal dispute resolution patterns based on this model can also be applied in the field of fiqh al-usrah. In fact, dispute resolution through such a process is in line with the moral ideal of the Quran which requires that any dispute resolution must be built on the principle of al-ishlah, including in the context of family law.