ASASI: Journal of Islamic Family Law

Perhitungan Bulan Dan Tanggal Baik Dalam Menentukan Pernikahan Bagi Masyarakat Pagendingan Galis Pamekasan

2025-02-18T03:58:53+00:00

There are two main problems in this research. First, how to determine a good month and date for marriage according to the Pagendingan people. Second, the views of the Pagendingan people in determining good months and dates for marriage. This research uses a qualitative approach. The results of this research show that according to the Pagendingan community, to determine the month and date of a good wedding, they use nafi' knowledge and are based on the values of Islamic teachings. According to the views of the Pagendingan community regarding determining good months and dates in marriage, there are various views, some recommend following weton, some say, weton petangan (calculation) is not recommended, all days and dates are good, but there are certain days that are considered the best. If someone already believes in weton calculations, then they should pay close attention to it with the aim of hoping for goodness from Allah SWT for what they have done.

Identitas Anak di Luar Nikah Menurut Permendagri No. 9 Tahun 2016 Tentang Percepatan Akta Kelahiran di Kabupaten Mojokerto

2025-04-08T05:03:07+00:00

This document examines the legal identity of children born out of wedlock through the perspectives of Islamic law, the Civil Code, and the regulations in Minister of Home Affairs Regulation No. 9 of 2016. The study uses a qualitative literature review approach to understand the legal challenges faced by children born out of wedlock in Indonesia. Under Islamic law, children born out of wedlock do not have a legal relationship with their biological fathers and only have a civil connection to their mothers. This impacts certain rights, such as inheritance, which are limited for these children. Data from the Population and Civil Registration Office (Dukcapil) in Mojokerto shows that in 2023, 362 children were recorded as born out of wedlock, highlighting the need for greater attention to legal recognition and protection of these children’s rights in both civil law and other areas. The study also highlights the important role of Regulation No. 9 of 2016, which aims to speed up the issuance of birth certificates for all children, including those born out of wedlock, as a progressive step toward ensuring their civil rights. With the rising number of children born out of wedlock, public awareness of children’s rights and the need for proper legal recognition should be continuously increased. This research seeks to provide a deeper understanding of the rights of children born out of wedlock, the legal challenges they face in obtaining fair legal recognition, and the importance of regulatory support to ensure their civil rights are fully protected.

Childfree dalam Perkawinan: Tinjauan Kritis dalam Perspektif Maqashid Syariah

2025-04-08T05:14:25+00:00

The phenomenon of childfree marriage has become an important issue in social and religious discourse, particularly in the context of Islam. This study examines the concept of childfree marriage from the perspective of Maqashid Syariah, focusing on hifz an-nasl (protection of lineage) and the concept of maslahah (benefit) in Islamic law. The findings indicate that childfree has developed as a social phenomenon influenced by various cultural and individual factors. From the perspective of Maqashid Syariah, having children is classified as dharuriyyat (a fundamental necessity) to ensure the continuity of future generations. The decision to be childfree in marriage may be justified if it is based on maslahah dharuriyyat, such as health risks or difficult social conditions. However, if the decision is solely driven by hajiyat or tahsiniyat considerations, such as career priorities, personal freedom, or concerns about physical appearance, it may conflict with Islamic legal objectives. This study also identifies three main factors influencing the decision to be childfree in marriage. First, medical and mental health factors, including maternal health risks, psychological disorders, and past trauma, which relate to hifz an-nafs (protection of life). Second, economic factors, such as financial instability and high living costs, which are linked to hifz al-maal (protection of wealth). Third, personal factors, including career ambitions, lifestyle preferences, and beauty standards, which influence hifz al-din (protection of religion) and hifz al-aql (protection of intellect). Therefore, the decision to be childfree in marriage is not merely a personal preference but must also be evaluated within the framework of Maqashid Syariah to ensure alignment with Islamic values. This study suggests further research on the social and religious implications of this phenomenon and encourages scholars and academics to provide legal and ethical guidance for couples considering a childfree marriage.

Keadilan Gender dalam Hukum Waris Islam

2025-04-08T05:23:57+00:00

This study explores gender justice within the framework of Islamic inheritance law, focusing on a comparative analysis between the faraid system and modern principles of gender equality. The faraid system, as a classical Islamic legal framework, strictly regulates inheritance distribution, including gender-based differences in shares. In contrast, the principle of gender equality demands equal treatment of men and women in all aspects of life, including inheritance rights. This research aims to examine how faraid can be contextually interpreted to achieve substantive justice for women while upholding the core principles of Islamic law. Using a qualitative approach and comparative analysis, the study finds that there is room for ijtihad in the application of Islamic inheritance law, allowing for a balance between normative Islamic justice and contemporary demands for gender equality.