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  • 1
    Online Resource
    Online Resource
    KONTRIBUSI MUI DALAM REKONFIGURASI SYARIAH DI INDONESIA : (Melacak Peran dan Upaya MUI dalam Birokratisasi Syariah di Indonesia)
    Institut Agama Islam Bani Fattah Jombang ; 2020
    In:  Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 8, No. 2 ( 2020-12-01), p. 179-196
    Details
    In: Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman, Institut Agama Islam Bani Fattah Jombang, Vol. 8, No. 2 ( 2020-12-01), p. 179-196
    Abstract: This research describes the contribution of MUI in the reconfiguration of sharia in Indonesia, from being an unwritten law to a binding law. MUI's efforts in reconfiguring sharia are carried out through the bureaucratization of sharia, namely the process of incorporation of sharia into national law which at an empirical level has been lived and carried out by the Muslim community in Indonesia. In contrast to the process of shariatisation or law Islamization which presupposes the replacement of national law with religious law, sharia bureaucratization is the work of labeling sharia law in legislation as an effort to guarantee legal certainty, administrative order, and achieve justice in legal disputes. The significance of the MUI's contribution in the effort to reconfigure Islamic law is evidenced by the issuance of statutory regulations sourced from fatwa products. Reconfiguration efforts are carried out in three ways, namely; First, to provide support for the birth of certain laws and regulations; Second, provide critical support and correction to a statutory regulation; Third, give a sharia fatwa.
    Type of Medium: Online Resource
    ISSN: 2549-1873 , 2338-3186
    URL: Issue
    URL: Article
    DOI: 10.52431/tafaqquh.v8i2
    DOI: 10.52431/tafaqquh.v8i2.295
    Language: Unknown
    Publisher: Institut Agama Islam Bani Fattah Jombang
    Publication Date: 2020
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  • 2
    Online Resource
    Online Resource
    Refleksi Pembatasan Usia Perkawinan dalam Undang-undang Nomor 1 Tahun 1974 tentang Perkawinan menurut Filsafat Hukum Keluarga Islam
    Institut Agama Islam Bani Fattah Jombang ; 2014
    In:  Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 2, No. 1 ( 2014-06-01), p. 60-76
    Details
    In: Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman, Institut Agama Islam Bani Fattah Jombang, Vol. 2, No. 1 ( 2014-06-01), p. 60-76
    Abstract: To realize the ideal family, fulfilling sakînah element, mawaddah and rah?mah is a must, the presence of law No. 1 of 1974 about marriage (UUP) has a significant role in the country predominantly Muslim Indonesia. One form UUP rules for applying the principle of mental and physical readiness is the restriction of a certain age to get married. how UUP set age limits marriage? and what philosophical value if observed with the philosophy of Islamic family law? This research analyzes using descriptive-analytic method with the conclusions; the marriage age restriction as part of efforts for the realization of setting the ideals of marriage as set forth in paragraph (1). Restrictions UUP marriage age still embrace opportunities for UUP exceptions as set out in article 7 paragraph (2). While the philosophical value of these restrictions can be reviewed through the aspects ontological, epistemological and axiological. According to the philosophy of family law, marriage age restriction category as philosophy tashrî’ especially those problems maqâs?id al-ah?kâm in the form of compliance benefit and resist damage.
    Type of Medium: Online Resource
    ISSN: 2549-1873 , 2338-3186
    URL: Article
    DOI: 10.52431/tafaqquh.v2i1.20
    Language: Unknown
    Publisher: Institut Agama Islam Bani Fattah Jombang
    Publication Date: 2014
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  • 3
    Online Resource
    Online Resource
    HUBUNGAN KEPERDATAAN ANAK DI LUAR NIKAH PERSPEKTIF SEJARAH SOSIAL HUKUM ISLAM
    Institut Agama Islam Bani Fattah Jombang ; 2021
    In:  Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 9, No. 2 ( 2021-12-01), p. 259-274
    Details
    In: Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman, Institut Agama Islam Bani Fattah Jombang, Vol. 9, No. 2 ( 2021-12-01), p. 259-274
    Abstract: In Indonesia, children out of wedlock are only related to their mothers. This can be seen in Article 46 UUP. No.1 of 1974 and Article 99 of the KHI. The rules are presumably still based on the classical fiqh understanding of the termination of the lineage of children out of wedlock. Then the Constitutional Court made a decision that the child also has a civil relationship with his biological father. From this problem, two questions arise. First, how is lineage in Islamic law?. Second, how is the civil relationship between children out of wedlock from the perspective of the Social History of Islamic Law? When viewed from the focus of the study, this article includes historical-analytical research. When viewed from the operational data collection studied, this research is a library research. Primary and secondary data were analyzed using descriptive analysis method, by processing the study of the social history of Islamic law to find the meaning of civil relations. The approach used is a historical approach, which describes social phenomena in the past then drawn to the present to become more relevant. There are two research results: first, Based on the analysis, nasab which has been sacred, by some people it turns out that along with the development of the nasab era turned out to still be a difference among scholars with social development. Second, in the perspective of the Social History of Islamic Law, the Constitutional Court's decision regarding the civil relationship of children out of wedlock means the rights that exist within the lineage itself.
    Type of Medium: Online Resource
    ISSN: 2549-1873 , 2338-3186
    URL: Issue
    URL: Article
    DOI: 10.52431/tafaqquh.v9i2
    DOI: 10.52431/tafaqquh.v9i2.598
    Language: Unknown
    Publisher: Institut Agama Islam Bani Fattah Jombang
    Publication Date: 2021
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  • 4
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    Online Resource
    TASHRIFAN JOMBANG: Telaah Epistemologi Kitab Al-Amtsilah Al-Tashrifiyah Karya Kyai Ma’shum Bin Ali
    Institut Agama Islam Bani Fattah Jombang ; 2022
    In:  Muróbbî: Jurnal Ilmu Pendidikan Vol. 6, No. 1 ( 2022-03-01), p. 1-18
    Details
    In: Muróbbî: Jurnal Ilmu Pendidikan, Institut Agama Islam Bani Fattah Jombang, Vol. 6, No. 1 ( 2022-03-01), p. 1-18
    Abstract: Abstract: Sharaf science as a part of Arabic grammar can be said to be compulsory science in Islamic boarding schools, whether salaf, modern, or integrated. This study will examine the book of tashrif entitled Al-Amtsilah Al-Tashrifiyah by Kyai Ma'shum bin Ali by focusing on the epistemological aspect as far as the nature of tashrif is concerned, the systematics and model of preparation, and the sources and validity of tashrif scholarship in it. This qualitative research utilizes library data through documentation techniques. Content analysis and descriptive-analytic techniques were used in this study to analyze the collected data. Meanwhile, in drawing conclusions, Miles and Hubermen's interactive model is used. This research concludes two things. First, the book of Al-Amtsilah Al-Tashrifiyah is basically a book that contains a collection of examples of the interpretation of a word, both terminology and lughawi patterns. The systematics of this book starts with an example of word interpretation in a term tashrif pattern and is followed by a lughawi tashrif. The presentation of the tasfhrifan book uses a combination of two models, namely tables and songs. Second, the compilation of the book Al-Amtsilah Al-Tashrifiyah refers to the formulation of tashrif which is theoretically-coceptual in accordance with the sharaf rules contained in the books of Nadham al-Maqshud, al-Alfiyyah Ibn Malik, Syarh Qathr al-Nada, Awdlah al- Masalik, The Book of Sibawaih. More than that, the order of pentasrifan, especially the terminology, in the book Al-Amtsilah Al-Tashrifiyah is identical to the idea and pattern of pentasrifan developed by Imam Sibawaih.
    Type of Medium: Online Resource
    ISSN: 2580-6963 , 2579-4191
    URL: Issue
    URL: Article
    DOI: 10.52431/murobbi.v6i1
    DOI: 10.52431/murobbi.v6i1.605
    Language: Unknown
    Publisher: Institut Agama Islam Bani Fattah Jombang
    Publication Date: 2022
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  • 5
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    Online Resource
    USIA NIKAH PERSPEKTIF MAQASHID PERKAWINAN : TELAAH SYARAT USIA MINIMUM PERKAWINAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR:22/PUU-XV/2017
    Institut Agama Islam Bani Fattah Jombang ; 2020
    In:  Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 8, No. 1 ( 2020-06-01), p. 1-18
    Details
    In: Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman, Institut Agama Islam Bani Fattah Jombang, Vol. 8, No. 1 ( 2020-06-01), p. 1-18
    Abstract: This research departs on academic anxiety related to the rationale of determining marriage age requirements in the statute, which is not regulated in classical fiqh. The main issues to be examined are concerning: (1) Determination of marriage age requirements according to Islamic law (2) Equalization of male and female marriage ages according to Islamic law (3) Correlation of equal marriage age with marriage maqashid. The results of the study concluded that; (1) Determination of the age requirement of marriage, however it is not discussed in classical fiqh, but has an academic foundation in accordance with Islamic law; (2) Equalization of male and female marriage age is in accordance with the principle of equality (al-musawah) in Islamic law; (3) Equalization of marriage age has a positive correlation in realizing maqashid marriage.
    Type of Medium: Online Resource
    ISSN: 2549-1873 , 2338-3186
    URL: Issue
    URL: Article
    DOI: 10.52431/tafaqquh.v8i1
    DOI: 10.52431/tafaqquh.v8i1.232
    Language: Unknown
    Publisher: Institut Agama Islam Bani Fattah Jombang
    Publication Date: 2020
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  • 6
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    Online Resource
    KONSEPSI MAHRAM SEBAB PERZINAAN DALAM HUKUM ISLAM : Kajian Aplikasi Qiyas Dalam Persoalan Larangan Perkawinan Anak Hasil Zina Dengan Ayah Biologisnya
    Institut Agama Islam Bani Fattah Jombang ; 2019
    In:  Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 7, No. 2 ( 2019-12-01), p. 35-50
    Details
    In: Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman, Institut Agama Islam Bani Fattah Jombang, Vol. 7, No. 2 ( 2019-12-01), p. 35-50
    Abstract: Jurisprudence books divide the concept of marriage into two groups, First, the group that is permissible for marriage. Second, the group that is not allowed or forbidden to be married (mah}ram). The concept is based on the presence or absence of blood relations between the bride and groom. So in the fiqh study mah}ram is divided into three in general namely mah}ram bi nasab, mah}ram bi mus}aharah and mah} ram bi roudlo`. However, there is a relationship where the scholars disagree, namely whether a male adulterer has an affair with a daughter resulting from adultery ?. This is interesting to study considering that both fiqh books and laws in Indonesia have stated that children born outside a legal marriage (both adultery and siri) only have a nasab relationship (mah}ram) with the mother and family of the mother . To answer the problem of whether a male adulterer has a relationship with a daughter of adultery and may or may not get married, the writer will examine the criteria of mah}ram contained in the books of fiqh. After obtaining data about the forms of security, it is then analyzed using the legal excavation method in the form of qiyas. In the qiyas methodology there are stages to finding `illat law. The technique of determining `illat can be done by using two common methods, namely using the theorem naqli and` aqli. So that the 'illat law emerges 'illat similarity between cells of genetic material contained in sperm and milk so as to make both of them a major influence on the mental and physical health of a child born or breastfed that is inherited from the genetic cells of his parents. From these findings, it can be concluded that the marriage between biological father and daughter resulting from adultery is prohibited.
    Type of Medium: Online Resource
    ISSN: 2549-1873 , 2338-3186
    URL: Issue
    URL: Article
    DOI: 10.52431/tafaqquh.v7i2
    DOI: 10.52431/tafaqquh.v7i2.216
    Language: Unknown
    Publisher: Institut Agama Islam Bani Fattah Jombang
    Publication Date: 2019
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  • 7
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    Online Resource
    Pranata Perkawinan dalam Agama Islam dan Kristen; Sebuah Studi Komparatif Integratif
    Institut Agama Islam Bani Fattah Jombang ; 2016
    In:  Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 4, No. 2 ( 2016-12-14), p. 32-58
    Details
    In: Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman, Institut Agama Islam Bani Fattah Jombang, Vol. 4, No. 2 ( 2016-12-14), p. 32-58
    Abstract: Not been much found a study evaluating the comparative-integrative among one religion to another religion related regulation of marriage are sourced directly from the scriptures respective religion, in particular Islam and Christianity. This is to give a balanced understanding and response to gender issues, social inequality relation of husband and wife is exhaled by Western scholars-Christians who are quite a lot of cornering the teachings of Islam. Starting from this idea authors conducted research using descriptive-analytic method to then compare giving rise similarities and differences to material for further research. The study concluded that marriage in Islam can be said to have a double dimension; vertical and horizontal dimensions, whereas the more dominant Christian vertical dimension though there is also a horizontal dimension, as well as striking differences more visible on the issue of legal origin of marriage, polygamy, the permanence of marriage and the problem of intermarriage
    Type of Medium: Online Resource
    ISSN: 2549-1873 , 2338-3186
    URL: Issue
    URL: Article
    DOI: 10.52431/tafaqquh.v4i2
    DOI: 10.52431/tafaqquh.v4i2.61
    Language: Unknown
    Publisher: Institut Agama Islam Bani Fattah Jombang
    Publication Date: 2016
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  • 8
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    Online Resource
    Substantive Maturity in ‘Āishah’s Marriage
    LP2M IAIN Pekalongan ; 2021
    In:  HIKMATUNA: Journal for Integrative Islamic Studies Vol. 7, No. 1 ( 2021-06-20), p. 31-43
    Details
    In: HIKMATUNA: Journal for Integrative Islamic Studies, LP2M IAIN Pekalongan, Vol. 7, No. 1 ( 2021-06-20), p. 31-43
    Abstract: This study aims to analyze the substantive maturity of Aishah's marriage, where based on the hadist of the Prophet, Aishah married the Prophet at the age of 6 years and started married at the age of 9 years. The information contained in the hadith is closely related to the issue of child marriage in the mainstream discourse of protecting children's rights, particularly the rules for limiting the age of marriage that have been implemented so far. The method used in analyzing the above problems is descriptive with an approach to the history of Islamic law. This study notes that 'Aishah marriage has fulfilled the substantive maturity element, both physically which is marked by reproductive readiness and non-physical with indicators of intellectual maturity. Besides that, the age of marriage 'Aishah is done by determining the element of purpose (al-ḥadf) in the form of maturity quality and the component of means (al-wasÄ«lah) in the form of age. Thus, this element has significance for religious legality guarantees related to the rules for the age limit of marriage that apply in Muslim countries.  
    Type of Medium: Online Resource
    ISSN: 2503-3042 , 2460-531X
    URL: Issue
    URL: Article
    DOI: 10.28918/hikmatuna.v7i1
    DOI: 10.28918/hikmatuna.v7i1.3319
    Language: Unknown
    Publisher: LP2M IAIN Pekalongan
    Publication Date: 2021
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  • 9
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    Online Resource
    Penerapan Karakter Kemandirian melalui Kegiatan Pramuka pada Kelas IV MI: Studi Kasus di MI Nadlatul Ulama Sumokali
    Institut Agama Islam Uluwiyah Mojokerto ; 2022
    In:  Al Kayyis Vol. 5, No. 01 ( 2022-04-18), p. 1-10
    Details
    In: Al Kayyis, Institut Agama Islam Uluwiyah Mojokerto, Vol. 5, No. 01 ( 2022-04-18), p. 1-10
    Abstract: The implementation of habituation of self-reliance character education for students can be done by participating in scouting extracurricular activities. Scouting is an interesting and fun educational process for children and youth under the guidance and responsibility of adults. Scout education activities are carried out in non-formal and informal environments. This study aims to determine the character of independence through scouting activities in class IV MI Nadlatul Ulama Sumokali. This type of research is a qualitative approach with a case study design. The data collection methods used in this research are interviews, observation, and documentation. Data analysis is done by reducing data, presenting data, and drawing conclusions. Resulting in the conclusion of the application of the character of Independence carried out by class IV students of MI Nadlatul Ulama Sumokali in scouting activities through two main activities namely first, routine training activities through several rigging skills, marching skills, Semaphore and Morse skills , and Pioneering Agility, Second , activities Camps that are carried out independently or collectively, such as the Persemi camp (Saturday and Sunday camps) and collective camps conducted by the sub-district and district kwarda.
    Type of Medium: Online Resource
    ISSN: 2620-7214
    URL: Issue
    URL: Article
    DOI: 10.47759/kayyis.v5i01
    DOI: 10.47759/kayyis.v5i01.282
    Language: Unknown
    Publisher: Institut Agama Islam Uluwiyah Mojokerto
    Publication Date: 2022
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  • 10
    Online Resource
    Online Resource
    OMBUDSMAN DALAM PERSPEKTIF FIQH SIYASAH : OMBUDSMAN IN FIQH SIYASAH PERSPECTIVE
    Institut Agama Islam Negeri (IAIN) Fattahul Muluk Papua ; 2022
    In:  AL-AQWAL : Jurnal Kajian Hukum Islam Vol. 1, No. 2 ( 2022-11-30), p. 85-96
    Details
    In: AL-AQWAL : Jurnal Kajian Hukum Islam, Institut Agama Islam Negeri (IAIN) Fattahul Muluk Papua, Vol. 1, No. 2 ( 2022-11-30), p. 85-96
    Abstract: This article contains the Islamic system of government, judicial power (Al-Qada), divided into three regions: Willayat al-Mazalim, Willayat al-Mazalim, and Willayat al-Hisba. Wilayat al-Mazalim is a power in the field of justice which is higher than the power of judges from the power of Muhtasib. This body examines matters that are not within the jurisdiction of ordinary judges. The agency investigates cases of abuse carried out by rulers, judges, or children of powerful people. In this study, the role of institutional control is very important in the study of Siyasah Fiqh. Without supervision, the government will not function. In this regard it has also been shown that the meaning of custodian of the state is found in the Qur'an to refer to a "group of people" who perform the supervisory function, namely al-amr bi al-ma`rufwaal. -nah'yanal-munkar. Hisbah is a contrived task performed by rulers and thus custodians of fiqh. Wilayat al-Hisbah is responsible for safeguarding the truth and preventing evil.
    Type of Medium: Online Resource
    ISSN: 2829-9736
    URL: Issue
    URL: Article
    DOI: 10.53491/alaqwal.v1i2
    DOI: 10.53491/alaqwal.v1i2.360
    Language: Unknown
    Publisher: Institut Agama Islam Negeri (IAIN) Fattahul Muluk Papua
    Publication Date: 2022
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