De Jure: Jurnal Hukum dan Syar'iah最新文献

The Concept of Kafa’ah in the Nineteenth Century Javanese Muslim Scholars’ View: A Study on the Ulama Rifi’yah’s Thought 19世纪爪哇穆斯林学者视野中的Kafa’ah概念——乌拉玛·里菲耶思想研究

De Jure: Jurnal Hukum dan Syar'iah Pub Date : 2023-07-27 DOI: 10.18860/j-fsh.v15i1.20074

Imaro Sidqi, Mhd. Rasidin

{"title":"The Concept of Kafa’ah in the Nineteenth Century Javanese Muslim Scholars’ View: A Study on the Ulama Rifi’yah’s Thought","authors":"Imaro Sidqi, Mhd. Rasidin","doi":"10.18860/j-fsh.v15i1.20074","DOIUrl":"https://doi.org/10.18860/j-fsh.v15i1.20074","url":null,"abstract":"This study aims to analyze the views of the Rifa’iyah scholars in Kandeman District, Batang Regency, regarding the concept of kafa’ah in marriage, as well as to know and understand the factors behind the concept of kafa’ah that they constructed. This juridical-sociological research used a historical-sociological approach. The results showed that in the views of the Rifa’iyah scholars in Kandeman District, Batang Regency, towards the concept of kafa’ah, which is interpreted as equal or balanced, Rifa’iyah scholars in the area understand that the urgency function of kafa’ah lies in creating a harmonious family even though kafa’ ah does not determine whether or not a marriage is valid. According to Ulama Rifa’iyah, the essential criterion for kafa’ah must be of the same religion. Then, the scholars provide recommendations following the formation of the kafa’ah conception contained in the Tabyinal al-Islah Book that a prospective wife must be of a lower degree than a prospective husband so that a wife respects/obeys her husband. However, if the context is the other way around, it is not a problem as long as the wife obeys her husband. The concept of kafa’ah, formed among the Rifa’iyah scholars in Kandeman District, Batang Regency, was caused by various factors, including religion, beauty, lineage, and wealth. There are supporting factors, namely educational, social and cultural factors","PeriodicalId":338293,"journal":{"name":"De Jure: Jurnal Hukum dan Syar'iah","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122101382","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 Psychological Well-Being in Building Resilience of Indonesian Muslim Families: A Study of Hussein Muhammad's Thought 印尼穆斯林家庭的心理健康:穆罕默德思想的研究

De Jure: Jurnal Hukum dan Syar'iah Pub Date : 2023-07-27 DOI: 10.18860/j-fsh.v15i1.22102

Lina Nur Anisa

{"title":"The Psychological Well-Being in Building Resilience of Indonesian Muslim Families: A Study of Hussein Muhammad's Thought","authors":"Lina Nur Anisa","doi":"10.18860/j-fsh.v15i1.22102","DOIUrl":"https://doi.org/10.18860/j-fsh.v15i1.22102","url":null,"abstract":"The relationship between husband and wife in the household is strongly influenced by the socio-cultural conditions of a society. In Indonesia, there are still many facts of life in husband-wife relationships that are still dominated by men in most aspects of life, both the distribution of rights and obligations as well as the authority and involvement of the parties in determining important family steps and decisions. This is because the culture in Indonesia is built on an unbalanced or unequal order in which men are placed as superior parties over inferior women. Husein Muhammad’s thinking can place the issue of husband-wife relations in a balanced and fair manner with all the variations of interpretation from century to century, from one hadith to another, and from one interpreter to another. His notion is also undoubtedly relevant to the concept of psychological well-being, which states that for a person to bring out their best potential, a person must be psychologically well, and one of the aspects that can affect psychological well-being is the pattern of relationships in the family. So, a balanced and fair relationship pattern will bring out the best potential in the family.","PeriodicalId":338293,"journal":{"name":"De Jure: Jurnal Hukum dan Syar'iah","volume":"16 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128896692","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 Phenomenon of Development Misyar Marriage from the Perspective of Islamic Law and Human Rights 伊斯兰教法与人权视域下的密萨尔婚姻发展现象

De Jure: Jurnal Hukum dan Syar'iah Pub Date : 2023-07-23 DOI: 10.18860/j-fsh.v15i1.19013

Pramai Shella Arinda Putri.J, Yandri Radhi Anadi, Nurdeng Deuraseh

{"title":"The Phenomenon of Development Misyar Marriage from the Perspective of Islamic Law and Human Rights","authors":"Pramai Shella Arinda Putri.J, Yandri Radhi Anadi, Nurdeng Deuraseh","doi":"10.18860/j-fsh.v15i1.19013","DOIUrl":"https://doi.org/10.18860/j-fsh.v15i1.19013","url":null,"abstract":"Misyar marriage is one of several Muslim terms in the Middle East. Due to the evolution of life and society, this marriage is a significant phenomenon in Islamic circles. Misyar marriage is performed by a man under the correct contract and conditions, where both parties must give up some rights that are incomparable with the conditions of other marriages Misyar marriage demands that women relinquish certain rights ordinarily associated with marriage, which raises concerns for human rights, particularly those governing discrimination against women. On the contrary, human rights uphold the values of rights and dignity regardless of gender, particularly for women who should receive the same treatment and rights as men, one of which is discussed in the conventions on eradicating all forms of discrimination against women and the rights of the child. This study examines the phenomenon of Misyar marriage through the lens of Islamic law and human rights, employing legal doctrinal or normative research methods, a statutory approach, and a historical perspective. The findings of this study indicated that Misyar marriage differs from other marriages and has a connection to human rights, particularly women's rights to marry. Some scholars believe that this Marriage is permissible and valid. However, according to the following opinion, Misyar marriage is prohibited. This is a violation of international law and not a violation of human rights because the conditions for marriage are not satisfied.","PeriodicalId":338293,"journal":{"name":"De Jure: Jurnal Hukum dan Syar'iah","volume":"1231 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114651366","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 Strategy of the Islamic Welfare Organization Malaysia (PERKIM) in Managing Mualaf Family Conflicts in Malaysia 马来西亚伊斯兰福利组织(PERKIM)管理马来西亚穆斯林家庭冲突的策略

De Jure: Jurnal Hukum dan Syar'iah Pub Date : 2023-07-23 DOI: 10.18860/j-fsh.v15i1.17383

J. Jamilah, Sellyianasari Binti Mohd Yusof, E. Rahmawati, Melinda Aprilyanti

引用次数: 0

Administration Reagent of Aceh Family Law Qanun: Siri Marriage Motives Towards the Legality of Polygyny 亚齐家庭法管理试剂:一夫多妻制合法性的Siri婚姻动机

De Jure: Jurnal Hukum dan Syar'iah Pub Date : 2023-07-23 DOI: 10.18860/j-fsh.v15i1.21352

Said Amirulkamar, I. Iskandar, Fatimah Zuhrah, M. Anzaikhan

{"title":"Administration Reagent of Aceh Family Law Qanun: Siri Marriage Motives Towards the Legality of Polygyny","authors":"Said Amirulkamar, I. Iskandar, Fatimah Zuhrah, M. Anzaikhan","doi":"10.18860/j-fsh.v15i1.21352","DOIUrl":"https://doi.org/10.18860/j-fsh.v15i1.21352","url":null,"abstract":"The proposal of qanun on polygyny by the Acehnese elite (executive and legislative) was aimed at the wider community because of the rampant phenomenon of siri marriage. Siri marriage is not prohibited in Aceh, and administrative requirements are even relaxed for ordinary people. This gap raises the question of whether the Acehnese elite proposed qanun polygyny for the benefit of the community or for subjective interests. This article is classified as field research with a qualitative approach. The methodology used is a descriptive-analytical study. The results of the study found that the administration reactor or key factor of the family law qanun in Aceh lies in the condition where the administration of polygyny requirements is tightened beyond the provisions of The Compilation of Islamic Law (KHI) and Siri Marriage requirements are loosened under the KHI provisions. The motive was an attempt by Acehnese elites to have their siri wives recognized (legality) in Aceh's polygyny qanun. This finding can be an input for family law studies to create regulations that are more objective and independent, especially in regions that have special autonomous rights.","PeriodicalId":338293,"journal":{"name":"De Jure: Jurnal Hukum dan Syar'iah","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129735644","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

Implementation of Maqāṣid Sharī’ah in Reform of Case Management of Violence against Women and Children Maqāṣid shari ' ah在暴力侵害妇女儿童案件管理改革中的实施

De Jure: Jurnal Hukum dan Syar'iah Pub Date : 2023-07-13 DOI: 10.18860/j-fsh.v15i1.20666

Kutbuddin Aibak

引用次数: 0

Legal Age Equality in Marriage According to Indonesian Positive Law in the Studies of Gender and Maqāṣid Al-Sharia 从印尼成文法的性别研究和Maqāṣid Al-Sharia看婚姻中的法定年龄平等

De Jure: Jurnal Hukum dan Syar'iah Pub Date : 2023-07-06 DOI: 10.18860/j-fsh.v15i1.17696

MOHAMMED ABAGISSA, Busyro Busyro, E. Yenti, S. Amin, Hanif Aidhil Alwana

引用次数: 1

The Development of Indonesian Marriage Law in Contemporary Era 印尼婚姻法在当代的发展

De Jure: Jurnal Hukum dan Syar'iah Pub Date : 2023-07-04 DOI: 10.18860/j-fsh.v15i1.17461

Nurul Miqat, Handar Subhandi Bakhtiar, Safrin Salam, Kunthi Tridewiyanti, Kayode Muhammed Ibrahim

引用次数: 0

Critical Study of Amina Wadud's Thought in the Issue of Inheritance 阿米娜·瓦杜德继承问题思想批判研究

De Jure: Jurnal Hukum dan Syar'iah Pub Date : 2023-07-04 DOI: 10.18860/j-fsh.v15i1.22217

F. Zenrif, S. Bachri

{"title":"Critical Study of Amina Wadud's Thought in the Issue of Inheritance","authors":"F. Zenrif, S. Bachri","doi":"10.18860/j-fsh.v15i1.22217","DOIUrl":"https://doi.org/10.18860/j-fsh.v15i1.22217","url":null,"abstract":"This study aims to examine the main arguments presented by Amina Wadud on inheritance in her book \"Quran and Women\" and evaluate the validity of her arguments. The scope of this research will include an analysis of Wadud's method of interpreting the Quran as outlined in the book Quran and Women which influenced her thoughts on Islamic inheritance and a critical study of her thoughts. This research is a type of qualitative research with a critical study approach. The results of the study show that a critical study of Wadud's thinking shows that she generalizes the 2:1 provision on the shares of men and women which actually only applies in certain cases. In addition, Wadud's demands for reinterpretation cannot be done without adequate interpretive science tools. Science explains that justice need not be interpreted as equality. There are two categories of justice, according to Aristotle: commutative justice and distributive justice. So that there can be no justification for questioning the Quran's just inheritance allocation. Furthermore, the provisions in the inheritance verse in the Quran are qath'i provisions so there is no justification for doing ijtihad which is presumptive (dzanny) in a reassuring text (qath'i). In addition, Wadud's thoughts are also considered less specific and do not provide a real format for how the redistribution she proposes. Therefore, Wadud's rereading in terms of inheritance is considered incomplete or incomprehensive of the Qur'an.","PeriodicalId":338293,"journal":{"name":"De Jure: Jurnal Hukum dan Syar'iah","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128544111","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

Istiḥsān Method and Its Relevance to Islamic Law Reform: Content Analysis of Fatwa of Majelis Ulama Indonesia on Corneal Transplant Istiḥsān方法及其与伊斯兰教法改革的相关性:印尼伊斯兰教宗法特瓦关于角膜移植的内容分析

De Jure: Jurnal Hukum dan Syar'iah Pub Date : 2023-07-04 DOI: 10.18860/j-fsh.v15i1.18442

Johari Johari, M. Maghfirah, Ahmad Maulidizen, Habiburrahman Rizapoor

{"title":"Istiḥsān Method and Its Relevance to Islamic Law Reform: Content Analysis of Fatwa of Majelis Ulama Indonesia on Corneal Transplant","authors":"Johari Johari, M. Maghfirah, Ahmad Maulidizen, Habiburrahman Rizapoor","doi":"10.18860/j-fsh.v15i1.18442","DOIUrl":"https://doi.org/10.18860/j-fsh.v15i1.18442","url":null,"abstract":"The progress of science in the field of medicine has brought immense advantages to human existence. Nonetheless, these advancements have both positive and negative consequences for humanity. They also give rise to deliberation and disagreement, particularly concerning Islamic jurisprudence, as not all medical technological breakthroughs can be embraced without reservation in society. This study is a descriptive, analytic, and comparative literature review. The ushuliy approach is employed to examine the methodology utilized by the two organizations in determining their stance on human corneal transplants. The primary source material used in this research is the fatwa issued by Majelis Ulama Indonesia in 2009 regarding Corneal Transplants. The data for this research was collected through a documentation method, which involves gathering information from various articles and books. The collected data was then analyzed using content analysis, which involves a descriptive and scientific examination of the key messages. The findings of this study reveal that Majelis Ulama Indonesia holds the view that corneal transplants can be performed on individuals in need, with the intention of Tabarru' (acts of charity), if there are no alternative medical options available, based on the principle of Maslahah (benefit or public interest).","PeriodicalId":338293,"journal":{"name":"De Jure: Jurnal Hukum dan Syar'iah","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114977392","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