Al-Manahij: Jurnal Kajian Hukum Islam最新文献

Negotiating Islamic Law: The Practice of Inheritance Distribution in Polygamous Marriages in Indonesian Islamic Courts 协商伊斯兰法：印度尼西亚伊斯兰法院在一夫多妻制婚姻中的遗产分配实践

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2024-06-12 DOI: 10.24090/mnh.v18i1.10921

Hotnidah Nasution, Ahmad Rifqi Muchtar

{"title":"Negotiating Islamic Law: The Practice of Inheritance Distribution in Polygamous Marriages in Indonesian Islamic Courts","authors":"Hotnidah Nasution, Ahmad Rifqi Muchtar","doi":"10.24090/mnh.v18i1.10921","DOIUrl":"https://doi.org/10.24090/mnh.v18i1.10921","url":null,"abstract":"This research attempts to look at the allocation of inheritance in polygamous marriages, as adjudicated by the Indonesian Islamic courts, commonly known as the Religious Courts. In a polygamous marriage, the inheritance distribution often faces more complex challenges. This research is grounded in an analysis of decisions from the Religious Courts, including both first-instance and appellate court rulings. The findings indicate that inheritance distribution in polygamous marriages relies not just on the Islamic Law Compilation, but also on the Indonesian Civil Code. Moreover, the judges employed two approaches to resolve disputes: Islamic jurisprudence (fiqh) and the Islamic Law Compilation, which is the codified Islamic law in Indonesia. When the judges referred to the classical texts of Islamic jurisprudence, they allocated the entirety of the inherited properties among the heirs. Negotiation occurred when judges opted for the Islamic Law Compilation instead of classical fiqh, leading them to consider the concept of joint property and distinguish it from the estates. Ultimately, the Appellate Court judges appeared more progressive, taking into account the Indonesian context and ensuring justice for wives in polygamous marriages.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"59 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141350430","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

State Islamic University Students’ Perceptions of IsraelAffiliated Products: A Study After the Fatwa of Indonesian Ulema Council No. 83 of 2023 Concerning the Law on Support for the Palestinian Struggle 国立伊斯兰大学学生对以色列附属产品的看法：印度尼西亚乌里玛委员会 2023 年第 83 号法特瓦关于支持巴勒斯坦斗争法的研究

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2024-06-12 DOI: 10.24090/mnh.v18i1.10554

Doli Witro

{"title":"State Islamic University Students’ Perceptions of IsraelAffiliated Products: A Study After the Fatwa of Indonesian Ulema Council No. 83 of 2023 Concerning the Law on Support for the Palestinian Struggle","authors":"Doli Witro","doi":"10.24090/mnh.v18i1.10554","DOIUrl":"https://doi.org/10.24090/mnh.v18i1.10554","url":null,"abstract":"This study aims to describe the perceptions of State Islamic University (UIN) students in Indonesia regarding products affiliated with Israel after the issuance of the Indonesian Ulema Council (MUI) fatwa Number 83 of 2023 regarding support for the Palestinian struggle. This research employed qualitative research methods. The primary data of this study were collected through interviews while the secondary data were obtained from scientific articles, books, and so on. The data collection techniques used in this study were observations, interviews, and documentation. The data analysis techniques included data condensation, data presentation, and conclusion drawing. This study found that the overall perception of UIN students towards Israel-affiliated products was the result of a complex interaction between religious values, humanitarian values, solidarity with Palestine, media information, economic considerations, and political awareness. These factors become reinforcements to their agreement and support for MUI’s steps in supporting Palestine. MUI stipulated Fatwa Number 83 of 2023 concerning the Law of Support for the Palestinian Struggle. One of the substances was a call to boycott products that are clearly affiliated with Israel. This boycott has implications for the company’s reduced financial income due to a decrease in product sales turnover. This can paralyze the performance and operations of the company and as a consequence, their assistance to Israel in carrying out attacks on Palestine will be stopped.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"81 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141352656","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

To What Extent Collateral in PLS Financing Brings Maṣlaḥah? An Analytical Comparison from Islamic Law Outlook with Maqāṣid al-Sharī’ah Index PLS 融资中的抵押品在多大程度上带来了 Maṣlaḥah？从《伊斯兰法展望》与《Maqāṣid al-Sharī'ah 指数》进行分析比较

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2024-05-22 DOI: 10.24090/mnh.v18i1.10575

Dini Maulana Lestari, Hadri Kusuma, Sunaryati

{"title":"To What Extent Collateral in PLS Financing Brings Maṣlaḥah? An Analytical Comparison from Islamic Law Outlook with Maqāṣid al-Sharī’ah Index","authors":"Dini Maulana Lestari, Hadri Kusuma, Sunaryati","doi":"10.24090/mnh.v18i1.10575","DOIUrl":"https://doi.org/10.24090/mnh.v18i1.10575","url":null,"abstract":"This study aims to compare the level of maṣlaḥah regarding the existence of collateral in Profit and Loss Sharing (PLS) financing from Islamic banking customers and employees standpoints. This is crucial as PLS financing becomes the main characteristic product of Islamic banks, but it emerges as an unfavorable product due to the high financial risk. The existence of collateral plays a pivotal role in this situation to realize maṣlaḥah. This is an explanatory study with a quantitative approach and survey method, considering 400 respondents, particularly 200 Islamic banking customers and 200 Islamic banking employees, who were conveniently obtained at certain time intervals for a one-shot. An Independent sample t-test is used to calculate the comparison level of maṣlaḥah among these two groups. At the same time, Rasch Model analysis is also used to measure the data based on the demographic characteristics of respondents. The result discovers that although there is a slightly different level of maṣlaḥah between Islamic banking customers and employees in PLS finance practice regarding collateral, it still significantly brings benefit, as it aligns with the concept of ta’widh to prevent financial risk. This finding contributes to Islamic banks as a guideline to understand how to operate and enhance the market share of this financing product based on the Rasch Model Analysis.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"37 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141109230","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

Distributing Philanthropic Funds to Indonesian Muslims amid the Pandemic through a Maṣlaḥah view: Weaving Social Safety Nets or Fortifying the Healthcare System? 通过 "Maṣlaḥah "观点在大流行病中向印度尼西亚穆斯林发放慈善资金：编织社会安全网还是强化医疗保健系统？

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2023-12-29 DOI: 10.24090/mnh.v17i2.10226

Ahmad Zayyadi Doi httpsdoi.org, Arif .24090mnh. Ridwan, Ubaidillah Mowafg Abrahem .7651 Hidayat, Masuwd, Karimatul Khasanah, M. Sobirin

{"title":"Distributing Philanthropic Funds to Indonesian Muslims amid the Pandemic through a Maṣlaḥah view: Weaving Social Safety Nets or Fortifying the Healthcare System?","authors":"Ahmad Zayyadi Doi httpsdoi.org, Arif .24090mnh. Ridwan, Ubaidillah Mowafg Abrahem .7651 Hidayat, Masuwd, Karimatul Khasanah, M. Sobirin","doi":"10.24090/mnh.v17i2.10226","DOIUrl":"https://doi.org/10.24090/mnh.v17i2.10226","url":null,"abstract":"The COVID-19 pandemic has exerted profound effects on the socio-economic landscape of the Indonesian populace, giving rise to vulnerable social segments. Throughout this period, BAZNAS, LAZISNU, and LAZISMU have overseen and allocated philanthropic resources from the Indonesian Muslim community for the mitigation of COVID-19-related challenges. The objective of this study is to address the inquiry regarding the allocation of funds for managing COVID-19 through a maṣlaḥah perspective, utilizing data sourced from documents of the three Amil institutions and insights gathered from interviews. The investigation reveals a congruence between BAZNAS and LAZISNU in their fund distribution practices, both demonstrating a concerted endeavor to leverage Islamic philanthropy for the establishment of social networks. Conversely, LAZISMU places greater emphasis on establishing a social health system amidst the pandemic, as evidenced by health programs being accorded second priority after social humanitarian initiatives. Nevertheless, a comprehensive conclusion may be drawn that all three institutions prioritize health and humanitarian concerns as focal points in the distribution of zakat, infaq, and alms within the context of the pandemic. From the standpoint of the maṣlaḥah theory, the prioritization rationale indicates that the allocation of Zakat, Infaq, and Alms funds is predominantly rooted in maṣlaḥah 'urfiyyah (or maṣlaḥah mulghah ghair mu'tabarah) rather than maṣlaḥah syar'iyyah.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":" 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139144472","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

Understanding of Legal Reform on Sociology of Islamic Law: Its Relevance to Islamic Family Law in Indonesia 法律改革对伊斯兰法社会学的理解：其与印度尼西亚伊斯兰家庭法的相关性

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2023-11-20 DOI: 10.24090/mnh.v17i2.7584

Jurnal Kajian, Hukum Islam, Purnama Hidayah Harahap Doi httpsdoi.org10.24090, Akmaluddin .v17i2.7584 Asmuni, Ahmad Rezy Syahputra, Anwar Meidina, Zein, Ahmad Zayyadi, Arif Hidayat, M. Masuwd, Uin Profesor, Kiai Haji, Saifuddin Zuhri, Purwokerto Jl, A. Jend., Yani No, 40-A, Purwokerto, Kata Kunci, Modernisasi Hukum, Sosiologi Hukum, Keluarga Islam

{"title":"Understanding of Legal Reform on Sociology of Islamic Law: Its Relevance to Islamic Family Law in Indonesia","authors":"Jurnal Kajian, Hukum Islam, Purnama Hidayah Harahap Doi httpsdoi.org10.24090, Akmaluddin .v17i2.7584 Asmuni, Ahmad Rezy Syahputra, Anwar Meidina, Zein, Ahmad Zayyadi, Arif Hidayat, M. Masuwd, Uin Profesor, Kiai Haji, Saifuddin Zuhri, Purwokerto Jl, A. Jend., Yani No, 40-A, Purwokerto, Kata Kunci, Modernisasi Hukum, Sosiologi Hukum, Keluarga Islam","doi":"10.24090/mnh.v17i2.7584","DOIUrl":"https://doi.org/10.24090/mnh.v17i2.7584","url":null,"abstract":"This article analyses the understanding of legal modernization in the sociology of Islamic law in Muslim countries regarding Islamic family law in Indonesia. The theory of legal modernization arises from the long history of Islamic legal theory since the Dutch era related to the enactment of Islamic law, both in terms of the struggle between customary law, Islamic law, and state law. The work for the emergence of legal theories such as Receptie theory becomes a filter for Islamic law in its application to Muslim communities in Indonesia. The results of this study indicate that the modernization of law in the form of KHI applies to the Indonesian Muslim community and requires the nation to be more mature in responding to modernity. However, there is an intersection between modernization and legal secularisation in the Islamic world, such as in Turkey, Egypt, Sudan, and Syria. Legal modernization from fiqh towards positivisation has given birth to formulations in Islamic family law in the form of sociological dynamics in contemporary Indonesian Islamic society.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"16 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139255439","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

Religious Court Decisions Regarding the Revocation of Grant (Hibah) in the Perspective of Islamic Jurisprudence 从伊斯兰法理学角度看宗教法院关于撤销赠与（Hibah）的裁决

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2023-11-17 DOI: 10.24090/mnh.v17i2.9767

Jurnal Kajian, Hukum Islam Farkhani Doi https, Ali doi.org10.24090 Badwan, Geno Berutu mnh.v17i2.9767, Fahmi Zulkarnain, Irfanudin, Purnama Hidayah Harahap, Asmuni, Akmaluddin Syahputra, A. Meidina, Anwar Zein, Kata Kunci, Pembatalan Hibah, Putusan Pengadilan, Hukum Islam

{"title":"Religious Court Decisions Regarding the Revocation of Grant (Hibah) in the Perspective of Islamic Jurisprudence","authors":"Jurnal Kajian, Hukum Islam Farkhani Doi https, Ali doi.org10.24090 Badwan, Geno Berutu mnh.v17i2.9767, Fahmi Zulkarnain, Irfanudin, Purnama Hidayah Harahap, Asmuni, Akmaluddin Syahputra, A. Meidina, Anwar Zein, Kata Kunci, Pembatalan Hibah, Putusan Pengadilan, Hukum Islam","doi":"10.24090/mnh.v17i2.9767","DOIUrl":"https://doi.org/10.24090/mnh.v17i2.9767","url":null,"abstract":"This scholarly article examines the judgments rendered by Religious Courts concerning disputes related to the revocation of grants, employing the viewpoint of Islamic jurisprudence and the maslahah theory. In this instance, the judicial panel overseeing the dispute related to the cancellation of the grant primarily invoked the provisions outlined in Article 35, Paragraph 1, and Article 36, Paragraph 1 of the Marriage Act (Law Number 1 of 1974), which pertain to joint property, along with Article 1338 of the Civil Code, addressing agreements. Consequently, the judges disregarded the article pertaining to the right to withdraw the grant’s subject, even though the grant is given without the consent of the other heirs. Meanwhile, in accordance with the maslahah theory, decisions rendered by a panel of judges in the Religious Court ideally aim to actualize the concept of Maqasid al-Shari’ah, specifically focused on the preservation of both property and descendants. This approach helps mitigate adverse consequences that may arise within familial dynamics, particularly in relationships between parents and their heirs. Nevertheless, in accordance with Hans Kelsen’s justice theory, the deliberations undertaken by judges when adjudicating cases involving the revocation of grants often exhibit inconsistency in the application of the pertinent legal framework, thereby leading to a partial realization of the intended concept of justice.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"54 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139264331","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

Sandwich Generation in Contemporary Indonesia: Determining Responsibility in Caring for Elderly under Islamic Law and Positive Law 当代印尼的三明治一代:在伊斯兰法和成文法下确定照顾老人的责任

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2023-08-23 DOI: 10.24090/mnh.v17i2.9371

Syufa'at Syufa'at, Syed Muhammad Saad Zaidi, Mutholaah Mutholaah

{"title":"Sandwich Generation in Contemporary Indonesia: Determining Responsibility in Caring for Elderly under Islamic Law and Positive Law","authors":"Syufa'at Syufa'at, Syed Muhammad Saad Zaidi, Mutholaah Mutholaah","doi":"10.24090/mnh.v17i2.9371","DOIUrl":"https://doi.org/10.24090/mnh.v17i2.9371","url":null,"abstract":"The emergence of the term sandwich generation is believed to be a phenomenon that is common in Indonesian society. What's more, the number of baby boomers has become a concern both from a social and economic perspective for the generations below them. Therefore, many dilemmas arise regarding how the Indonesian people respond to sandwich generation, whether this position is a burden or a gift for the perpetrators of sandwich generation. This paper will later answer how the history of the emergence of the term sandwich generation and its development in Indonesia and the perception of sandwich generation on Islamic law perspective. This study uses a qualitative method by collecting library data sourced from related books and journals so as to produce a discussion where the term sandwich generation is a generation that directly supports the generation above and below (the other two generations). The current sandwich generation has actually existed for a long time, even in the era of Prophet Muhammad SAW. The concept of sandwich generation can be interpreted the same as the concept of birrul walidain or devoted to parents. Of course, the concept of birrul walidain is a practice that is highly recommended to be done for every Muslim.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122396320","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: 1

Social Dynamics on the Increasing Divorce of Malay Communities during COVID-19 in Sambas West Kalimantan, Indonesia Perspective of Islamic Family Law 新冠疫情期间印尼西加里曼丹桑巴斯马来社区离婚率上升的社会动态:伊斯兰家庭法视角

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2023-08-23 DOI: 10.24090/mnh.v17i2.8235

A. Asman, Resali bin Muda

{"title":"Social Dynamics on the Increasing Divorce of Malay Communities during COVID-19 in Sambas West Kalimantan, Indonesia Perspective of Islamic Family Law","authors":"A. Asman, Resali bin Muda","doi":"10.24090/mnh.v17i2.8235","DOIUrl":"https://doi.org/10.24090/mnh.v17i2.8235","url":null,"abstract":"The purpose of this study is to find out the causes and provide alternative solutions to the increase in divorce of the Malay community in Sambas Regency, West Kalimantan. The emergence of Covid-19 at the beginning of 2019 as a very scary and deadly virus for mankind in this world. One of them is Indonesia, which has been greatly affected by Covid-19, both from the family economy side and from the family resilience side. One of the cases that occurred in Sambas Regency was that in 2021 there was an increase in divorce during the Covid-19 pandemic, resulting in a change in status. This type of research is a type of qualitative research that prioritizes field studies with a normative juridical approach. The focus in this research is what causes the increasing divorce status of the Malay community during the Covid-19 period in Sambas Regency? And what are the alternative solutions to reduce the high divorce rate during the Covid-19 period in Sambas Regency. The findings of this study are the increase in divorce in Sambas Regency, the existence of conflicts in the families of married couples which results in divorce the main cause of problems in life or family economic resilience, communication in the family is tenuous and marriage. immaturity is caused by being too young to start a household. The alternative solution provided by this study is that husband and wife must communicate actively without prioritizing 2E, namely emotion and egoism to avoid conflict, synergistic active intervention from religious leaders, government, KUA, BBKN and families, to conduct socialization in order to create good relationships for newly married couple or husband and wife who have been married for a long time","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126478094","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

The Power of Husband-Wife Communication in Building Family Resilience and Preventing Divorce: A Study of Maṣlaḥah Mursalah 夫妻沟通在建立家庭弹性和预防离婚中的力量:Maṣlaḥah Mursalah的研究

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2023-08-23 DOI: 10.24090/mnh.v17i2.7651

Mufrod Teguh Mulyo, Khoiruddin Nasution, Samin Batubara, Siti Musawwamah, R. Abdullah

{"title":"The Power of Husband-Wife Communication in Building Family Resilience and Preventing Divorce: A Study of Maṣlaḥah Mursalah","authors":"Mufrod Teguh Mulyo, Khoiruddin Nasution, Samin Batubara, Siti Musawwamah, R. Abdullah","doi":"10.24090/mnh.v17i2.7651","DOIUrl":"https://doi.org/10.24090/mnh.v17i2.7651","url":null,"abstract":"This paper is prepared based on the research on 18 couples of husbands and wives from a faculty at a state Islamic university in Yogyakarta. The research found that good communication between husbands and wives in household life could build family resilience and prevent divorce. This study used normative-sociology approach combined with the maṣlaḥah mursalah and convergence theories, which was further combined with the Ibnu Miskawaih and K. Hajar Dewantoro’s theories. The data was collected by distributing questionnaires to 18 couples of husbands and wives. The study found that a good communication between wives and husbands could be built through verbal and non-verbal communications. These verbal and non-verbal communications had the same strength in building a good communication, depending on the situations. There were times when it was more appropriate to use verbal communication, while there were also times when non-verbal communication was the right choice. It could, therefore, be said that communication played a crucial role in building family resilience. Thus, analyzed using the maṣlaḥah mursalah theory, it was not an exaggeration to state that building communication is a necessity for husbands and wives. It is not even exaggerating to say that building a good communication is an obligation that husbands and wives cannot ignore.\u0000 ","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116519937","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

Phenomena of Domestic Violence Against Women and Divorce in 2020-2022 in Indonesia: An Islamic Perspective 2020-2022年印尼家庭暴力与离婚现象:伊斯兰视角

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2023-08-23 DOI: 10.24090/mnh.v17i2.7686

H. Hasanudin, O. S. Mukhlas, Muhammad Farhan Bin Mat Noradin, Ending Solehudin, Dedah Jubaedah

{"title":"Phenomena of Domestic Violence Against Women and Divorce in 2020-2022 in Indonesia: An Islamic Perspective","authors":"H. Hasanudin, O. S. Mukhlas, Muhammad Farhan Bin Mat Noradin, Ending Solehudin, Dedah Jubaedah","doi":"10.24090/mnh.v17i2.7686","DOIUrl":"https://doi.org/10.24090/mnh.v17i2.7686","url":null,"abstract":"The phenomenon of domestic violence for women which leads to divorce has increased dramatically since 2020-2022. In fact, acts of domestic violence have never been justified in religious teachings. Therefore, this study aims to explore the phenomenon of domestic violence against women and divorce in 2020-2022 in Indonesia as well as Islamic views on both. This research uses a qualitative approach to the phenomenological method with data sources taken from reports on social media such as Youtube, Instagram, and Facebook about the phenomenon of domestic violence and divorce in 2020-2022. The research process is divided into three stages, namely the orientation stage, the reduction stage, and the selection stage. The results of this study reveal that: First, the phenomenon of domestic violence against women and leading to divorce has increased; in 2020 there were 226,062 cases increasing to 349,635 cases in 2022. From the search results, cases of domestic violence were caused by several factors such as: 1) unstable family economy due to the pandemic situation spanning 2020-2022; 2) jealousy among spouses because of social media, 3) spouse's family interferes too much in household affairs, and; 3) early marriage; Second, Islamic syari'at through the Qur'an and Sunnah condemns acts of domestic violence in the household for any reason according to the demands of QS: 4: 21, QS: 4: 34, and HR. Bukhari No. 4942. The findings of this study indicate that married couples need to be given education on how to navigate the household ship before they get married so that it is not easy to do domestic violence between partners.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131162340","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