11 research outputs found
Maqasid al-Syari’ah dalam Penegakkan Hukum Lalu Lintas di Indonesia
No full textThe high number of traffic accidents in Indonesia occurred because the traffic law enforcement does not run optimally. This paper tried to explore the rules regarding the traffic that have been contained in the form of Law no. 22 of 2009 concerning Road Traffic and Transportation and other regulations from an Islamic legal point of view, especially through the study of maqashid al-shari’ah. The maqashid al-shari’ah approach is used as an approach because maqashid explains the wisdom behind the rules of Islamic shari’ah. The maqashid approach used by the author in this paper is the maqashid classification used by Jamaluddin al-Athiya which divided maqashid into four domains, they are maqashid al-shari’ah in the individual realm, maqashid al-shari’ah in the family realm, maqashid al-shari’ah in the realm of the ummah and maqashid al-shari’ah in the realm of humanity. It can be concluded that law enforcement in traffic matters in Indonesia is in line with the objectives of maqashid al-shari’ah relating to maqashid al-ummah, especially in terms of maintaining stability, security, and justice. Regulations concerning traffic order are matters of the nature of dharuriyyat at this time because the existence of rules regarding traffic will protect matters that are essential in human life, they are religion, soul, mind, descent, and property.Â
Islam dan Kekerasan terhadap Perempuan
No full textReligious understanding of the texts and doctrines towards women issues has not come to the final. Cultural construction and professional religious interpretation toward religious scripts also contribute on the woman issues especially in relation with unbalanced relationship between man and woman. Many religious interpretations then put women in secondary level with men as the result that they, women, are seen as men belonging that can be authoritatively subjected as much as men wants, including of violence. Up to this time, the domestic violence happens with regards to the women as the victims, and it is supposed that religious understanding is taking part in contributing the “act of violence†towards women’s existence. So that religion, in this case, remains problematic in shaping the social construction of men and women relations. This article aims to explore more causes of women’s violence and attempts to scrutinize religious interpretation on the texts of gender and family issues. This article argues that religious institution and religious education have big role to shape the contemporary religious understanding towards women’s life; and both religious institution and religious education may also become the indispensable foundation of empowering woman by giving new interpretation of the women public space
Islam dan Kekerasan terhadap Perempuan
No full textReligious understanding of the texts and doctrines towards women issues has not come to the final. Cultural construction and professional religious interpretation toward religious scripts also contribute on the woman issues especially in relation with unbalanced relationship between man and woman. Many religious interpretations then put women in secondary level with men as the result that they, women, are seen as men belonging that can be authoritatively subjected as much as men wants, including of violence. Up to this time, the domestic violence happens with regards to the women as the victims, and it is supposed that religious understanding is taking part in contributing the “act of violence” towards women’s existence. So that religion, in this case, remains problematic in shaping the social construction of men and women relations. This article aims to explore more causes of women’s violence and attempts to scrutinize religious interpretation on the texts of gender and family issues. This article argues that religious institution and religious education have big role to shape the contemporary religious understanding towards women’s life; and both religious institution and religious education may also become the indispensable foundation of empowering woman by giving new interpretation of the women public space.</p
Ketahanan Keluarga Melalui Konseling Pra Nikah di Kabupaten Jember
No full textHancurnya ikatan perkawinan memberi gambaran bahwa kemampuan keluarga dalam ketahanan dirinya belum mampu menopang tujuan dari sebuah pernikahan. Dalam mewujudkan keluarga harmonis dan sejahtera diperlukan konseling pra nikah sebagai bekal pengetahuan kepada pasangan yang akan menikah. Artikel ini akan membahas bagaimana peran konseling pra nikah terhadap ketahanan keluarga di Kabupaten Jember dalam tinjauan Maqasid al-Syari’ah Jamal al-Din Atiyyah. Artikel disusun menggunakan metode deskriptif kualitatif dengan teknik pengumpulan data observasi, interview, dan dokumentasi. Data yang diperoleh dianalisis dengan tahapan reduksi data, penyajian data, dan kesimpulan. Kesimpulan yang diperoleh yaitu konseling pra nikah sangat efektif dalam mempersiapkan calon pengantin dalam menghadapi pernikahan dan membantu individu yang akan berkeluarga memahami tugas dan tanggung jawabnya sebagai anggota keluarga sehingga lebih siap menghadapi kehidupan keluarga dan segala permasalahan di dalamnya dalam upaya menjaga ketahanan keluarga. Konseling pra nikah berfungsi sebagai wadah dalam tercapainya tujuan dari pernikahan sebagaimana dalam Maqashid al-Syari’ah Jamal al-Dn Atiyah dalam ranah keluarga. Dengan demikian pasangan yang akan menikah dengan bekal yang didapat dari konseling pra nikah memiliki ketahanan yang kuat dalam menjalani kehidupan keluarganya. Maka akar timbulnya perceraian akibat kurang kokohnya ketahanan keluarga yang berujung pada perselisihan bahkan perceraian dapat dihindari.
Kata Kunci: Ketahanan Keluarga, Konseling Pra Nikah, Maqasid Syari’ah Jamal al-Din Atiya
Fulfillment of Living for Minor Marriages Perspective of The Law. No.1 of 1974 and a Compilation of Islamic Law
No full textLivelihood is a consequence of obligations that arise, one of which is with the marriage bond. But when the marriage is carried out by a minor, of course, other more complex problems arise. Underage marriage, which is mainly carried out by boys, makes it burdened with the obligation to provide when it should be still a student or college student. It also widens job opportunities in the field which is difficult due to the age of the minor. This condition is even worse if the parents of the couple are families who are still on the poverty line. So, the government must take the government seriously to respond to this problem considering that marriages carried out can occur legally because marriage dispensation is allowed. The purpose of this study is to analyze the causes of underage marriage and the concept of fulfillment when viewed from Marriage Law No. 1 of 1974 with the Compilation of Islamic Law. The research method carried out in this study is qualitative with a normative juridical approach. Data collection techniques through literature studies, by inventorying various main and supporting library materials related to the focus of the problem. Data analysis techniques are processed and discussed using descriptive methods. The results showed several factors causing underage marriage which was dominated by pregnancy out of wedlock, economy, technological and information advances as well as culture and religion. As for the fulfillment of bread, the state only regulates, in general, these provisions, both in Marriage Law No. 1 of 1974 and the Compilation of Islamic Law. Fulfilling the income carried out by the husband does not provide distinction to the husband who is underage but is legalized by the government with the marriage dispensation given. Therefore, it is necessary to revise the regulation so that it can guarantee the rights of every citizen are fulfilled
Marriage Law Reform in Indonesia A Maqasid al-Usrah Perspective on Legal Adaptation
No full textThis study explores the reform of Indonesian marriage law through the lens of maqasid al-usrah, the family-centered objectives within Islamic legal theory. It critically assesses whether key legal reforms such as marriage registration, minimum age requirements, regulation of divorce, and prenuptial asset arrangements align with the ethical aims of Islamic family law, including the protection of lineage, dignity, justice, and family welfare. Employing a qualitative library research method, the paper draws on classical Islamic jurisprudence, statutory legal documents, court practices, and the analytical framework of Jamaluddin al-Athiyya. It finds that while Indonesian legislation increasingly incorporates maslahah (public benefit) and maqasid reasoning to justify reforms, the implementation often falls short due to bureaucratic barriers, legal pluralism, and social inequality. For instance, minimum age laws are undermined by widespread judicial dispensations, and formal protections for women are diluted by enduring patriarchal norms and unequal access to justice. The study argues that maqasid al-usrah has been invoked more as a justificatory narrative than as a fully operational legal method. It concludes that meaningful application of maqasid requires not only legal reform but also structural, procedural, and cultural transformation to ensure that laws genuinely promote justice, protect the vulnerable, and reflect the dynamic needs of Indonesian Muslim society. This research contributes to the growing discourse on maqasid-based legal reform and offers a practical framework for evaluating future policy developments in Islamic family law
Problematika Perkawinan Dini (Studi di Kecamatan Kencong Kabupaten Jember)
No full textPermasalahan waris dan hibah masih menjadi penyebab timbulnya sengketa di masyarakat, hal ini memungkinkan terjadi karena mereka belum memahami tentang waris secara mendalam. Salah satunya yang terjadi pada masyarakat Dusun Alasmalang Desa Bondoyudo Kecamatan Sukodono Kabupaten Lumajang. Pada masyarakat Desa Bondoyudo telah biasa dilakukan pembagian harta waris ketika pewaris dalam keadaan hidup, yang mana pada dasarnya konsep pembagian waris dilakukan ketika pewaris telah meninggal dunia. Dalam pembagian harta ini mereka menggunakan akad hibah karena kondisi pewaris masih ada. Penelitian ini merupakan penelitian kualitatif, yaitu penelitian yang metode penelitiannya digunakan untuk meneliti objek yang bersifat alamiah. Penelitian kualitatif adalah penelitian yang memanfaatkan wawancara terbuka untuk menelaah dan memahami sikap, pandangan, perasaan dan perilaku individu atau sekelompok orang. Hasil penelitian menunjukkan pembagian harta dengan cara hibah kepada anak angkat di Desa Bondoyudo Kecamatan Sukodono Kabupaten Lumajang mengandung kemaslahatan karena dapat menyejahterakan orang-orang terdekat yang sangat berjasa dalam hidupnya yaitu terhadap anak angkat dan satu saudara laki-lakinya, dan dapat menunjang kehidupan orang-orang terdekatnya tersebu
Principles of Marriage in the Perspective of Law Number 1 of 1974 Concerning Marriage in the Framework of a Compilation of Islamic Law
No full textIslam is the most complex religion among other religions in all lines of human life, all are regulated in Islam both human relations with God (Hablu minallah) to human relations with humans (Hablu minannas). In the realm of human relations with humans (Hablu minannas), 0basically humans are social creatures, of course, in socializing humans are required to be able to approach emotionally. In Islam, there is an order to carry out obligatory worship that is highly recommended for Muslims, it is called marriage, the meaning of marriage according to Islamic law is marriage, which is a very strong contract or mitsaqan ghalidzan to obey Allah's commands and carry it out in the form of worship, the purpose of marriage in Islam aims to create a household life that is sakinah, mawaddah, and rahmah. Marriage, of course, has a principle, the conditions for carrying out a marriage are five contents of the principles of marriage, the first is the principle of freedom to choose a partner, the second is the principle of equality, the third is mu'asyarah bil ma'ruf, the fourth is the principle of deliberation, the fifth is the principle of mutual acceptance of the five contents of this principle, making it a basic principle in carrying out a marriage. Indonesia is a state of law, all things have rules governing humans that are coercive and remember as well as a marriage that has sacred value, all of which are regulated in law number 1 of 1974 concerning marriage, whose contents in the law include the basics of marriage, the conditions, and pillars of marriage, all of which are contained in the law taken from the essence of Islamic law concerning marriage and all of which are in a collection called the Compilation of Islamic Law
Analysis of the Implementation of Policies and Programs by the Situbondo Regency Government in Efforts to Reduce Early Marriage Rates
No full textGeneral Background: Early marriage remains a persistent social problem in Indonesia, contributing to educational discontinuity, psychological vulnerability, health risks, and weakened family resilience. Specific Background: In Situbondo Regency, despite stricter legal frameworks and the implementation of multiple preventive programs by the local government, marriage dispensation cases remain relatively high, indicating implementation challenges. Knowledge Gap: Previous studies have largely focused on the causes and impacts of early marriage, while limited attention has been given to in-depth analysis of how local government policies and programs are implemented and what factors shape their effectiveness. Aims: This study aims to analyze the implementation of early marriage prevention policies and programs by the Situbondo Regency Government and to identify supporting and inhibiting factors influencing their outcomes. Results: Using a qualitative empirical approach, the findings show that programs such as PERAK CINTA, BRUS, BINWIN, premarital health checks, psychological counseling, and cross-sector coordination have been implemented with clear objectives and structured mechanisms, yet their effectiveness is constrained by limited resources, uneven communication, strong cultural norms favoring early and unregistered marriages, and low community awareness. Novelty: This study integrates policy implementation analysis with local socio-cultural dynamics using the Van Meter and Van Horn framework in the context of early marriage prevention. Implications: Strengthening budget allocation, community education, and cross-sector synergy is essential to enhance the effectiveness and sustainability of early marriage prevention policies at the local level.
Highlights:
Policy Execution: Early marriage prevention policies are implemented through structured, cross-sector programs with clear operational mechanisms.
Implementation Barriers: Cultural norms, limited resources, and low community awareness significantly constrain policy effectiveness.
Strategic Implication: Strengthening community engagement and inter-agency coordination is crucial for sustainable prevention outcomes.
Keywords: Early Marriage, Policy Implementation, Local Government, Prevention Program
THE INFLUENCE OF SPIRITUAL WELL-BEING ON SOCIAL INTERACTION AND ATTITUDES OF TASAMMUH STUDENTS IN ISLAMIC BOARDING SCHOOLS
No full textIslamic boarding schools engaged in education have long been involved in community-based development as an essential part of forming a tasammuh attitude. This article aims to analyze and measure the intervening role of social interaction on the influence of spiritual well-being on the tasammuh attitude of students at the Miftahul Midad Islamic Boarding School, Lumajang Regency, East Java. This research involved 150 santri parents through an online survey which consisted of social interaction index, the influence of spiritual well-being, and tayammum attitudes. The study results show that 1) The more substantial the spiritual well-being of a santri, the better the pattern of social interaction influences by 77.3%. 2) The better the spiritual well-being of a santri, the better the tasammuh attitude of a santri is to be willing to accept other people's opinions even though they have different religious understandings with an influence of 48.0%. 3) the better the pattern of social interaction, the better the tayammum attitude of a santri to accept other people's opinions even though they have different religious understandings, with an influence of 40.6%. 4) the better the spiritual well-being of a santri, the better it is in social interaction to accommodate an open attitude with others so that santri can have a tayammum attitude to be willing to accept the opinions of others even though they have different religious views
