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Legalitas Poligami; Studi Atas Aturan Praktik Poligami diberbagai Negara Islam 一夫多妻制的合法性;研究伊斯兰国家一夫多妻制的规则
ASASI: Journal of Islamic Family Law Pub Date : 2022-04-27 DOI: 10.36420/asasi.v2i2.193
Luthfiyah Luthfiyah, Ali Imron Al-Farisyi
{"title":"Legalitas Poligami; Studi Atas Aturan Praktik Poligami diberbagai Negara Islam","authors":"Luthfiyah Luthfiyah, Ali Imron Al-Farisyi","doi":"10.36420/asasi.v2i2.193","DOIUrl":"https://doi.org/10.36420/asasi.v2i2.193","url":null,"abstract":"This article examines the existence of laws and regulations from various Islamic countries (only part of them). The study carried out is the existence of polygamy practices in various countries based on juridical law which is used with the aim of wanting to know the extent to which the implementation of the polygamy law is binding on each community with adherents of different religions and social conditions. The method used in this research is a normative juridical research with a statute approach. The results of this study indicate that there are fundamental differences from each country as an example, such as Indonesia, which is not an Islamic country, so it does not emphasize polygamy for its people, apart from that the principle of monogamy takes precedence. The difference is with the country of Somalia which is so loose in the practice of polygamy.","PeriodicalId":148783,"journal":{"name":"ASASI: Journal of Islamic Family Law","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114528318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Upaya Istri Sebagai Wanita Karir Dalam Membentuk Keluarga Sakinah 妻子作为职业女性在组成一个Sakinah家庭方面的努力
ASASI: Journal of Islamic Family Law Pub Date : 2022-04-20 DOI: 10.36420/asasi.v2i2.169
Akh Syamsul Muniri, Nur Shofa Ulfiyati
{"title":"Upaya Istri Sebagai Wanita Karir Dalam Membentuk Keluarga Sakinah","authors":"Akh Syamsul Muniri, Nur Shofa Ulfiyati","doi":"10.36420/asasi.v2i2.169","DOIUrl":"https://doi.org/10.36420/asasi.v2i2.169","url":null,"abstract":"A wife as a career woman has both positive and negative impacts on their household life. Therefore, forming a sakinah family for career women certainly has many challenges and obstacles. So far, the stigma that is often attached to society that women must look beautiful, look beautiful, look gentle and be at home with enough to take care of the household can be considered as psychological violence. Thus, career women's efforts to build family harmony so that they become a sakinah family, the strategy is to maintain commitments obtained from agreements between husband and wife and good communication between husband, wife and children. It is this commitment and communication that is important for career women, because women who work in the domestic sector and in the public sector have limited time and energy to carry out the two roles they have. Therefore, career women need support from the closest people around them so that life continues to run harmoniously.","PeriodicalId":148783,"journal":{"name":"ASASI: Journal of Islamic Family Law","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134326486","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Tinjauan Fiqh ‘Urf Terhadap Praktik Perjanjian Perkawinan (Studi Empiris Adat Dayak Ngajudi Kota Palangka Raya) 《婚姻盟约》实践的Fiqh ' Urf概述(传统经验研究达亚克赌博城市帕洛阿尔托)
ASASI: Journal of Islamic Family Law Pub Date : 2022-04-20 DOI: 10.36420/asasi.v2i2.195
Nurulia Shalehatun Nisa
{"title":"Tinjauan Fiqh ‘Urf Terhadap Praktik Perjanjian Perkawinan (Studi Empiris Adat Dayak Ngajudi Kota Palangka Raya)","authors":"Nurulia Shalehatun Nisa","doi":"10.36420/asasi.v2i2.195","DOIUrl":"https://doi.org/10.36420/asasi.v2i2.195","url":null,"abstract":"Marriage agreements in Indonesia are regulated in the Civil Code (KUHPerdata), Compilation of Islamic Law (KHI), and Law Number 1 of 1974 concerning Marriage (Marriage Law) jo. Decision of the Constitutional Court Number 69/PUU-XIII/2015 so that the marriage agreement is legal and lawful. The marriage agreement in the Dayak Ngaju indigenous people is called a symbol. Perlambang is one of a series of traditional Dayak Ngaju marriage procedures. This paper aims to analyze the practice of marriage agreements that grow and live to become a culture of the Dayak Ngaju indigenous people in Palangka Raya City when viewed from the point of view of 'Urf. This writing is the result of research qualitative or empirical studies.The marriage  agreement made to the Ngaju Dayak indigenous people has an important role, even though it is part of a series of traditional marriage rituals which in fact originates from the Hindu Kaharingan religion, but in its journey along with the introduction of Islam among the people, it has experienced various adaptations and adjustments to Islamic beliefs. . So that in practice, marriage agreements in the Dayak Ngaju customary community can still be carried out and benefited even by people who are Muslim. \u0000 ","PeriodicalId":148783,"journal":{"name":"ASASI: Journal of Islamic Family Law","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126647881","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Profetika Hukum Keluarga Islam Dalam UU Tindak Pidana Kekerasan Seksual 伊斯兰家庭法在性侵犯刑法中的教授
ASASI: Journal of Islamic Family Law Pub Date : 2022-04-20 DOI: 10.36420/asasi.v2i2.146
M. Mohsi
{"title":"Profetika Hukum Keluarga Islam Dalam UU Tindak Pidana Kekerasan Seksual","authors":"M. Mohsi","doi":"10.36420/asasi.v2i2.146","DOIUrl":"https://doi.org/10.36420/asasi.v2i2.146","url":null,"abstract":"Sexual harassment is unwanted sex-related approaches, including requests for sex, and other behavior that verbally or physically refers to sex. Sexual violence is an important topic that needs to be solved, given the high rate of sexual violence from year to year. The Law on the Elimination of Sexual Violence is a way that is expected by the Indonesian people as an umbrella of law and rule of law to take action against all forms of sexual crimes that plague Indonesian citizens. in this study tries to analyze the urgency and relevance of these rules for the development of law in Indonesia. reviewing regulations from the prophetic aspects of Islamic law and the reconstruction of Islamic law, as well as the spirit of legal moderation and responding to current issues related to forms of violence that befall society, especially children and women.","PeriodicalId":148783,"journal":{"name":"ASASI: Journal of Islamic Family Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126389828","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Hubungan Teori Hukum Dengan Praktik Penegakan Hukum Di Indonesia 法律理论与印尼执法实践的关系
ASASI: Journal of Islamic Family Law Pub Date : 2022-04-20 DOI: 10.36420/asasi.v2i2.194
M. Holil
{"title":"Hubungan Teori Hukum Dengan Praktik Penegakan Hukum Di Indonesia","authors":"M. Holil","doi":"10.36420/asasi.v2i2.194","DOIUrl":"https://doi.org/10.36420/asasi.v2i2.194","url":null,"abstract":"Indonesia is a state of law, all state apparatus must act in accordance with the law and all people who live within the scope of Indonesia must obey the law. However, the applicable law in Indonesia has not yet shown its effectiveness, so that the purpose of the law has not been properly achieved. The term that is very familiar is \"the law is blunt up and sharp down\", such is the law in Indonesia. The law is very binding and cruel to the common people, while it is as if the law does not apply to those in power. The law for rulers and people with money can be traded, as evidenced by the rampant bribery that occurred in the State of Indonesia. So in the eyes of society, the law will fall when there is money. One of the problems of law enforcement among the people of Indonesia is that the public is generally against the law, the law is very far from the word justice and the apparatus is arbitrary towards the common people.","PeriodicalId":148783,"journal":{"name":"ASASI: Journal of Islamic Family Law","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129435574","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Mediasi Keluarga Islam Menurut Al-Qur’an Dan Tafsir Ibnu Kastir 伊斯兰家庭的调解，根据可兰经和伊本·卡斯提尔的解释
ASASI: Journal of Islamic Family Law Pub Date : 2021-10-15 DOI: 10.36420/asasi.v2i1.111
Itsbat Itsbat
{"title":"Mediasi Keluarga Islam Menurut Al-Qur’an Dan Tafsir Ibnu Kastir","authors":"Itsbat Itsbat","doi":"10.36420/asasi.v2i1.111","DOIUrl":"https://doi.org/10.36420/asasi.v2i1.111","url":null,"abstract":"In life there are many conflicts that need to be straightened out. The fundamental factor that causes familial conflict in humans is the non-fulfillment of their interests as desired. Islam has provided a way of mediation in overcoming the conflict. In the Qur'an itself there are many verses that explain forms of mediation, one of which is conflict mediation in family disputes. Some scholars differ on the interpretation of the mediating verses in the Qur'an. Imam Abu Al-Fida 'bin Katsir Al-Qurasyi in his book Tafsir Ibn Kathir on the verse of mediation. There is a family dispute resolution process through a third party known as a hakam (mediator). There is also a settlement without a mediator, namely with the ishlah of both parties.","PeriodicalId":148783,"journal":{"name":"ASASI: Journal of Islamic Family Law","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122266816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Konstelasi Pemikiran Hukum Keluarga di Tunisia 突尼斯的家庭法律思想星座
ASASI: Journal of Islamic Family Law Pub Date : 2021-10-15 DOI: 10.36420/asasi.v2i1.118
Fahmi Assulthoni
{"title":"Konstelasi Pemikiran Hukum Keluarga di Tunisia","authors":"Fahmi Assulthoni","doi":"10.36420/asasi.v2i1.118","DOIUrl":"https://doi.org/10.36420/asasi.v2i1.118","url":null,"abstract":"Tunisia is one of the many Muslim countries that continue to strive to build a family law system which is a permanent rule of law for Muslims. Both before and after Tunisia's independence, legal reforms were intensively carried out, including legal reforms in the field of family law. One of the laws implemented in Tunisia is the Tunisian Code of Personal Status (CPST) or other names Majallah Al-Akhwal Ash-Shakhshiyyah. The legal reforms carried out by Tunisia cannot be separated from the progressive thoughts that have colored family law policies which in the next stage will become state policies. This article is presented in a descriptive form using a literature study approach as the study material. The results of the study concluded that the Tunisian State carried out many Islamic family law policies based on the development of family law in the world and the needs of its citizens.","PeriodicalId":148783,"journal":{"name":"ASASI: Journal of Islamic Family Law","volume":"22 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131521150","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Perlindungan Harta Kekayaan Dalam Pengaturan Perjanjian Perkawinan Di Indonesia 在印尼安排婚姻协议时保护财产
ASASI: Journal of Islamic Family Law Pub Date : 2021-10-15 DOI: 10.36420/asasi.v2i1.112
Akh Syamsul Muniri, Nur Shofa Ulfiyati
{"title":"Perlindungan Harta Kekayaan Dalam Pengaturan Perjanjian Perkawinan Di Indonesia","authors":"Akh Syamsul Muniri, Nur Shofa Ulfiyati","doi":"10.36420/asasi.v2i1.112","DOIUrl":"https://doi.org/10.36420/asasi.v2i1.112","url":null,"abstract":"The main purpose of marriage is the formation of an eternal, happy, and loving family between husband and wife. However, to anticipate the possibility of problems in marriage, of course a marriage agreement is needed, especially in the distribution of assets. The arrangement of the marriage agreement on the assets of husband and wife is in principle to provide legal protection for husband and wife against their property, if in the future they must divorce. However, the implementation of the marriage agreement as regulated in the Civil Code and Law no. 1 of 1974 concerning Marriage is still limited in time when making a marriage agreement. The legal reforms carried out by the Constitutional Court have given a time limit for the holding of a marriage agreement to be wider so that the factor of wanting to protect each other's property or protect themselves or their families from the threat of domestic violence can be anticipated through a marriage agreement.","PeriodicalId":148783,"journal":{"name":"ASASI: Journal of Islamic Family Law","volume":"142 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121556305","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Perlindungan Hak Asasi Manusia Dalam Konsep Pembatasan Usia Pernikahan Pada Uu No 16 Tahun 2019 《保护人权》在2019年第16条婚姻年龄限制的概念上
ASASI: Journal of Islamic Family Law Pub Date : 2021-10-15 DOI: 10.36420/asasi.v2i1.110
Ainullah Ainullah
{"title":"Perlindungan Hak Asasi Manusia Dalam Konsep Pembatasan Usia Pernikahan Pada Uu No 16 Tahun 2019","authors":"Ainullah Ainullah","doi":"10.36420/asasi.v2i1.110","DOIUrl":"https://doi.org/10.36420/asasi.v2i1.110","url":null,"abstract":"The protection of human rights has a guarantee from the legal system in Indonesia. The Marriage Age Restriction regulated in Law No. 16 of 2019 is a new rule as a form of revision to natural rules. The latest regulation states that the age of marriage is nineteen years for both the prospective husband and the prospective wife. The results of the analysis show that the state has protected the rights of every citizen who wants to get married. Although the regulation has been promulgated through a new regulation, the state is still present in order to fulfill aspects of human rights, one of which is by enforcing marriage dispensation rules, for anyone who wants to marry under the age of marriage.","PeriodicalId":148783,"journal":{"name":"ASASI: Journal of Islamic Family Law","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132351662","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Studi Fenomenologis Pernikahan Dini Dikalangan Santri Di Pondok Pesantren Wilayah Kecamatan Palengaan 桑翠在芒氏省寄宿学校的寄宿处对早婚现象的研究
ASASI: Journal of Islamic Family Law Pub Date : 2021-10-15 DOI: 10.36420/asasi.v2i1.109
M. Muchlis
{"title":"Studi Fenomenologis Pernikahan Dini Dikalangan Santri Di Pondok Pesantren Wilayah Kecamatan Palengaan","authors":"M. Muchlis","doi":"10.36420/asasi.v2i1.109","DOIUrl":"https://doi.org/10.36420/asasi.v2i1.109","url":null,"abstract":"Early marriage among santri is a social phenomenon in society. This early age is more about the age of education that is being undertaken. the practice for santri is different from that among young people who incidentally ended up in divorce on the basis of previous research. while the santri based on their religious beliefs are better able to defend it. This study uses qualitative research with a phenomenological study approach to reduce individual experiences of phenomena to a description of an essence by presenting primary data, namely the results of observations, interviews, and documentation. Early marriage among the students of Islamic boarding schools in the Palengaan sub-district, some are married and continue their education or choose to drop out of education, some are married to be the choice of students with the blessing of both parents and teachers. The factors are the will of parents, family, lack of parental education, their own will even because of economic limitations to continue to higher education. The impact of early marriage is positive and negative, but what dominates more is the negative impact, especially the social impact related to social relationships to become a complete family in the social structure and the psychological impact that makes mender to take part because of the immature mental, spiritual and so on. encouraged by the age of the students who are still early. \u0000 ","PeriodicalId":148783,"journal":{"name":"ASASI: Journal of Islamic Family Law","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116641981","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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