Asasi: Journal of Islamic Family Law
type: channel
description: Asasi: Journal of Islamic Family Law is a peer-reviewed academic journal dedicated to advancing scholarly discourse in the field of Islamic Family Law. The journal focuses on publishing original research articles that critically examine classical and contemporary issues within Islamic legal traditions, particularly in the areas of marriage, divorce, inheritance, guardianship, gender justice, and child protection. Asasi serves as a scholarly platform for academics, researchers, practitioners, and policymakers to explore and disseminate ideas that contribute to the understanding and development of Islamic Family Law in various socio-cultural and legal contexts, especially in Indonesia and the wider Muslim world. It welcomes submissions that demonstrate rigorous methodology, critical analysis, and relevance to contemporary debates in Islamic legal thought and practice. The journal is published biannually in April and October by the Islamic Family Law Study Program, Institut Agama Islam Miftahul Ulum Pamekasan, Indonesia. All submitted manuscripts undergo a double-blind peer review process to ensure academic quality and integrity. Asasi is published in open access format, ensuring free and global availability of its content to the academic community and the public.
publisher: Prodi Hukum Keluarga Islam Institut Agama Islam MIftahul Ulum Pamekasan
language: en
publication name: Asasi: Journal of Islamic Family Law
issn: 2775-2887
items: Tatwir al-Syariah dan Rekonstruksi Hukum Keluarga Berkeadilan Gender: Membaca Gagasan Mahmoud Muhammed Thaha
items: Talak dan Fasakh: Analisis Komparatif Empat Madzhab serta Implikasinya terhadap Kepastian Hukum Perceraian di Indonesia
items: Perkawinan Anak dalam Perspektif Sosiologi Hukum Islam
items: Konsep Ishlāh dan Keadilan Restoratif serta Batasan Penerapannya dalam Penyelesaian Perkara KDRT
items: Revitalisasi Peran Tokoh Agama dalam Distribusi Zakat Harta Perspektif Hukum Islam dan Dinamika Sosial Kontemporer
items: Fenomena Mahar : Antara Gengsi, Sensasi, Dan Fatalistis
items: Perspektif Hukum Islam Tentang Perempuan Yang Tidak Menjalani Masa Iddah Pasca Perceraian Di Desa Pasanggar Kecamatan Pegantenan Kabupaten Pamekasan
items: Penerbitan Kartu Keluarga Bagi Pasangan Nikah Siri Perspektif Gender dan Hukum Perkawinan di Indonesia
items: Analisis Metode Penetapan Hukum Perceraian Di Pakistan Perspektif Tahir Mahmood
items: Konsep Keluarga Sakinah Abdi Negara Perspektif Mubadalah (Studi Kasus Condong Kecamatan Gadng Kabupaten Probolinggo)
items: Keadilan Gender dalam Hukum Waris Islam (Studi Komparatif antara Hukum Waris Faraid dan Prinsip Kesetaraan Gender di Era Modern)
items: Childfree dalam Perkawinan: Tinjauan Kritis dalam Perspektif Maqashid Syariah
items: Identitas Anak di Luar Nikah Menurut Permendagri No. 9 Tahun 2016 Tentang Percepatan Akta Kelahiran di Kabupaten Mojokerto
items: Perhitungan Bulan Dan Tanggal Baik Dalam Menentukan Pernikahan Bagi Masyarakat Pagendingan Galis Pamekasan
items: Asas Kepastian Hukum atas Perkara Pengangkatan Anak di Pengadilan Agama
items: Penolakan Mahar Pecahan Nominal Sesuai Tanggal Tertentu Di KUA Kecamatan Bojonegoro Perspektif Hukum Islam
items: Dampak Tradisi Meupahukh Terhadap Perkawinan Dibawah Umur dalam Masyarakat Suku Alas di Aceh Tenggara
items: Nikah Beda Agama dan Dampaknya Terhadap Psikologi Anak Perspektif Maqashid al-Syari’ah
items: Konsep Maslahah dalam Metodologi Tarjih Muhammadiyah
items: Perjanjian Perkawinan Dalam Konsep Maqashid asy-Syari’ah
items: Analisis Urf Terhadap Tradisi Pecotan Dalam Walimatul ‘Urs Di Kecamatan Kotaanyar Kabupaten Probolinggo Provinsi Jawa Timur

Tatwir al-Syariah dan Rekonstruksi Hukum Keluarga Berkeadilan Gender: Membaca Gagasan Mahmoud Muhammed Thaha
type: item
description: This study seeks to examine Mahmoud Muhammad Thaha’s ideas on Tatwir al-Shariah, as well as their relevance as a foundation for reconstructing gender-just family law. This research is a literature-based study that analyzes the concept of tatwir al-shariah in Thaha’s perspective; therefore, it belongs to the field of intellectual and figure-based studies. Through this methodological approach, the study concludes that Thaha’s progressive thought on tatwir al-shariah is built upon a methodological distinction between Makkiyah and Madaniyah verses, not merely as markers of the chronology of revelation. Rather, for Thaha, the Makkiyah and Madaniyah classifications serve as a point of departure for understanding the universal and particular dimensions of Islamic teachings. Regarding its relevance to the reconstruction of gender-just family law in Indonesia, Thaha’s thought provides at least three analytical frameworks: leadership within the household (qiwamah), the issue of polygamy, and the right of divorce (talak), which classical Islamic jurisprudence conceptualizes as the husband’s prerogative right. According to Thaha, these three issues should be reoriented toward the vision of the Makkiyah verses, which emphasize equality between men and women. In the Indonesian context, Thaha’s thought correlates with the critiques raised by feminist activists toward the Marriage Law, which is considered gender-biased.
subject: Artikel
  topic: section
creator: Nor Salam
rights: Copyright (c) 2025 Nor Salam (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-14
publication date: 2025-10-14
starting page: 161
ending page: 187
doi: 10.36420/9hzz6093

Talak dan Fasakh: Analisis Komparatif Empat Madzhab serta Implikasinya terhadap Kepastian Hukum Perceraian di Indonesia
type: item
description: This article examines khulu' as a mechanism for divorce at the request of the wife accompanied by compensation, emphasizing the doctrinal debate over its legal status: whether khulu' includes talaq or annulment of a marriage contract. These differences in classification have direct implications for the legal consequences after divorce, such as the finality of the breakup of the marriage, the opportunity for reference, the need for a new contract, and its relationship with the calculation of divorce. This study uses normative legal research methods with a literature study approach and comparative analysis of the views of four madhhabs (Hanafi, Maliki, Shafi'i, and Hanbali). The results of the study show that the Hanafi, Maliki, and Shafi'i madhhabs generally place khulu' as part of the final talaq, so that it does not open unilateral references and requires a new contract if the parties want to get back together. On the other hand, the Hanbali madhhab tends to classify khulu' as the annulment of the marriage contract, which remains final but is not always positioned in the structure of counting talaq. This article also emphasizes that these differences in classification affect the certainty of divorce law in Indonesia, especially in the consistency of terminology and formulation of legal consequences in Religious Court decisions. Thus, it is necessary to affirm the khulu' category and clarity of legal formulation to strengthen the certainty of the status of the parties after divorce.
subject: Artikel
  topic: section
subject: khulu'
  topic: keywords
subject: talak
  topic: keywords
subject: cancellation of contracts
  topic: keywords
subject: four madhhabs
  topic: keywords
subject: legal certainty
  topic: keywords
subject: divorce in Indonesia
  topic: keywords
creator: Fatmawati
creator: Rofikoh
rights: Copyright (c) 2025 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2025-10-10
publication date: 2025-10-10
starting page: 135
ending page: 160
doi: 10.36420/1fm34d05

Perkawinan Anak dalam Perspektif Sosiologi Hukum Islam
type: item
description: This study examines the phenomenon of child marriage practiced among various social groups in Pakong Village through the lens of the sociology of Islamic law, an issue that has not previously been explored with Pakong as its research locus. The research employs a sociological approach to Islamic law in order to analyze the reciprocal relationship between social transformation and Islamic legal norms within the community. Data were collected through interviews and literature reviews, and analyzed using Berger and Luckmann’s theory of social construction along with functionalist theory in the sociology of law. The findings indicate that child marriage in Pakong Village is perceived as a cultural tradition and social heritage transmitted across generations, fundamentally grounded in religious norms, and that marriage at the age of 16 to 18 is considered socially acceptable. The persistence of this practice is sustained by religious justifications and the community’s belief that such cultural traditions do not constitute a social or moral problem.
subject: Artikel
  topic: section
creator: Sawdah Sawdah
rights: Copyright (c) 2025 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2025-10-15
publication date: 2025-10-15
starting page: 116
ending page: 134
doi: 10.36420/eq78q037

Konsep Ishlāh dan Keadilan Restoratif serta Batasan Penerapannya dalam Penyelesaian Perkara KDRT
type: item
description: Domestic Violence (DV) offenses present unique challenges due to the intimate nature of the relationship between the perpetrator and the victim. Modern legal trends increasingly favor Restorative Justice as a means of restoration, a concept that resonates with Ishlāh in Islamic law. However, applying Restorative Justice without strict parameters risks perpetuating violence and neglecting the rights of female victims. This study aims to analyze the conceptual convergence between Ishlāh and Restorative Justice, and to formulate the boundaries of their application in resolving DV cases. This is a normative legal study employing statutory and comparative approaches, analyzed qualitatively. The findings indicate that the intersection of these two concepts lies in the vision of restoration (restitutio in integrum) and the preservation of the family institution (hifz an-nasl), utilizing mediation mechanisms akin to the role of a hakam. However, its application is strictly constrained by Maqashid Syariah principles, specifically by prioritizing the preservation of life (hifz an-nafs) over the preservation of the family unit. Amicable settlement is permissible for minor physical violence classified as complaint-based offenses, psychological violence, and economic neglect, serving as an educational form of ta'zir. Conversely, reconciliation is strictly prohibited in cases of severe physical violence, death, sexual violence, and recidivism, as these constitute ordinary offenses (gewone delict) and violate the fundamental principle of preserving life.
subject: Artikel
  topic: section
creator: Abd. Rahman
creator: Akyun Mobarok
rights: Copyright (c) 2025 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2025-10-15
publication date: 2025-10-15
starting page: 95
ending page: 115
doi: 10.36420/sgegpm26

Revitalisasi Peran Tokoh Agama dalam Distribusi Zakat Harta Perspektif Hukum Islam dan Dinamika Sosial Kontemporer
type: item
description: This study examines how religious leaders in Sentol Daya Village play a central role in the distribution of zakat assets within a socio-religious configuration that remains deeply reliant on their moral and spiritual authority. The main question explored concerns the patterns, mechanisms, and forms of social legitimacy that shape the role of religious leaders in zakat management, as well as how the challenges and opportunities for strengthening this role are understood within the framework of contemporary Islamic law. The study positions itself as an empirical normative analysis that integrates field findings with the islamic law framework and recent scholarship on zakat governance. The discussion develops through an in-depth analysis of zakat distribution practices grounded in social relations, trust, and religious patronage, alongside an evaluation of structural constraints such as limited institutional capacity, the absence of formal governance mechanisms, and local economic dynamics. The main findings indicate that the role of religious leaders remains pivotal due to their strong social legitimacy, yet requires enhanced capacity, transparency, and institutional integration to align more effectively with the demands of modern zakat governance and the broader goals of social justice in Islamic law.
subject: Artikel
  topic: section
creator: Zainurridla Zainurridla
creator: Syamsul Arifin Arifin
creator: Fadllan Fadllan
rights: Copyright (c) 2025 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2025-10-15
publication date: 2025-10-15
starting page: 71
ending page: 94
doi: 10.36420/cwhe9p05

Fenomena Mahar : Antara Gengsi, Sensasi, Dan Fatalistis
type: item
description: Every human being, male or female, according to the sunnatulah (fitrah) desires marriage between the two of them, and no one wants to live alone, unless there are sharia reasons that prevent them from getting married. In every marriage procession, it is ensured that there is a dowry that must be given by the man to the woman as respect, appreciation and proof of the existence of love between two people of different genders with the aim of building a new household (family). Dowry is the pure right of a woman who becomes the wife of a man when a marriage contract takes place between the two. Allah through QS. Al-Nisa: 4 and 24 instructs every man to give a dowry to the woman he marries. The type and level of dowry is not the same between one man and another. Because there are no definite provisions, a phenomenon has emerged among society, including Muslim communities, as if they are competing to give dowries to their wives in fantastic amounts and values. In Indonesia, there was the tragic case of a young man in East Nusa Tenggara committing suicide because he couldn't afford the 250 million rupiah dowry demanded by the bride's family. Several marriages with expensive dowries have also occurred, such as those between Syahrini and Rieno Barack, Bela Luan and Eko Hadi Prayitno, and Lesti Kejora and Rizky Billar. The most recent case involved the dowry offered by Sutarman and Sheila Arika's grandfather for Rp 3 billion, which turned out to be a bad check. As a result, some men and women postpone or even refuse to get married because the dowry is expensive. This article was written in order to reveal Islamic views regarding the ins and outs of dowry and the phenomena that lead and encourage certain individuals or groups of people to give expensive and fantastic amounts of dowry for their marriage. This work originates from literature studies in the Islamic scientific treasury.
subject: Artikel
  topic: section
creator: Abdul Wafa
rights: Copyright (c) 2025 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2025-10-15
publication date: 2025-10-15
starting page: 53
ending page: 70
doi: 10.36420/wr6a3b60

Perspektif Hukum Islam Tentang Perempuan Yang Tidak Menjalani Masa Iddah Pasca Perceraian Di Desa Pasanggar Kecamatan Pegantenan Kabupaten Pamekasan
type: item
description: In Islamic teachings, divorce is an act that is permissible yet disliked, accompanied by the obligation for women to observe the iddah period following separation. However, modern social dynamics demonstrate a growing tendency to reject this obligation, particularly among women. This study aims to analyze women’s understanding of the implementation of iddah, identify the factors underlying non-compliance with this obligation, and examine this phenomenon from the perspective of Islamic law. The research focuses on women in Pasanggar Village, Pegantenan District, Pamekasan Regency. This study employs a qualitative approach with an empirical legal research design (field research). Data collection techniques include interviews to explore women’s understanding and reasons for not observing iddah, observations to examine social factors and the community’s level of awareness regarding iddah practices, and documentation to complement data obtained from interviews and observations. The findings indicate that most women in Pasanggar Village possess a good understanding of the obligation to observe iddah, including its duration and procedural regulations. However, some women do not fully comply with the iddah period or only observe it briefly. Contributing factors include economic demands, work contracts, the absence of iddah maintenanc.
subject: Artikel
  topic: section
creator: Habib Habib
creator: Khoirinnisak Khoirinnisak
creator: Fatimatuz Zahroh
rights: Copyright (c) 2025 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2025-10-15
publication date: 2025-10-15
starting page: 25
ending page: 52
doi: 10.36420/7xerkj40

Penerbitan Kartu Keluarga Bagi Pasangan Nikah Siri Perspektif Gender dan Hukum Perkawinan di Indonesia
type: item
description: This study aims to determine how family cards are issued to unregistered married couples, as well as to analyze gender and marriage laws in Indonesia regarding the issuance of family cards to unregistered married couples. In this study, the author uses a normative legal research method, with a statute approach. The legal material analysis used is descriptive analysis, followed by an evaluation of the contents of the articles in the Permendagri. The final step is a systematic interpretation of these articles. The findings of this study are as follows: first, the issuance of a family card for unregistered married couples only requires the attachment of an SPTJM and statements from two witnesses as a substitute for a marriage certificate/marriage certificate excerpt, as stipulated in Article 5 paragraph (2) letter b of the Minister of Home Affairs Regulation No. 109 of 2019 concerning forms and books used in population administration. Second, the issuance of family cards to unregistered married couples is considered a violation of Indonesian marriage law, as Article 2 paragraph (2) of the Indonesian Marriage Law stipulates that every marriage must be registered in accordance with applicable regulations. From a gender perspective, the issuance of family cards to unregistered married couples is considered detrimental to women and children, as it creates legal uncertainty for women. Even if unregistered married couples have family cards, these documents cannot be used as authentic proof of their marriage. If legal problems arise, women will lose their civil rights and cannot seek justice. Furthermore, if domestic violence occurs, the Law on the Elimination of Domestic Violence (PKDRT Law) cannot be enforced
subject: Artikel
  topic: section
creator: Fathimatuz Zahroh
creator: Khoirinnisak Khoirinnisak
creator: Habib Habib
rights: Copyright (c) 2025 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2025-10-15
publication date: 2025-10-15
starting page: 1
ending page: 24
doi: 10.36420/v84rf533

Analisis Metode Penetapan Hukum Perceraian Di Pakistan Perspektif Tahir Mahmood
type: item
description: This study aims to analyze the methods of divorce law formulation in Pakistan, focusing on the development of family law within the context of Muslim society. As a predominantly Muslim country, Pakistan faces challenges in formulating laws that align with Islamic principles while addressing the social needs of its people. This research examines the historical background of divorce law formation, including the influence of the Hanafi school of thought and reforms introduced through the Dissolution of Muslim Marriages Act of 1939 and the Muslim Family Law Ordinance (MFLO) of 1961. By analyzing the law-making process, the study identifies ongoing debates between conservative and modernist groups in shaping laws that are just for women. The research employs a literature review and legal document analysis as its methodology. The findings reveal that although the MFLO 1961 grants women the right to divorce, social stigma surrounding divorce remains strong, particularly in rural communities. The study also finds that two legal reform methods have been utilized—Intra-Doctrinal Reform and Extra-Doctrinal Reform—reflecting efforts to accommodate societal needs while adhering to Islamic principles. With the rising divorce rate in Pakistan, the study emphasizes the importance of legal awareness and public education in combating stigma and enhancing understanding of women's rights in the context of divorce.
subject: Artikel
  topic: section
subject: divorce law
  topic: keywords
subject: Pakistan
  topic: keywords
subject: MFLO 1961
  topic: keywords
subject: women's rights
  topic: keywords
subject: legal reform.
  topic: keywords
creator: Fakhri Izzul Muiz
rights: Copyright (c) 2024 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2024-10-15
publication date: 2024-10-15
starting page: 102
ending page: 119
doi: 10.36420/40qmr961

Konsep Keluarga Sakinah Abdi Negara Perspektif Mubadalah (Studi Kasus Condong Kecamatan Gadng Kabupaten Probolinggo)
type: item
description: This study is based on couples who undergo long distance marriage. Longdistance marriage One phenomenon shows a situation where couples are physically separated. While your partner is at home. This phenomenon is common in Indonesia, especially in the village of Condong, Gading District, Probolinggo Regency, including couples who are married to a Civil Servant. The purpose of this study is to study and describe aspects of interpersonal and family communication patterns used in civil servant families, as well as the rules and distribution of roles that occur in the television margin, as well as aspects of interpersonal and family communication patterns. The research method used is a descriptive research method with a qualitative approach. Constructivism paradigm and interpersonal communication theory. Through data recording methods, namely interviews and documentation. As far as the subjects of this study are concerned, couples from families in the civil servant area who are currently telegraphing or experienced. Not living with a partner for at least 1 year totaling 3 couples, and taking informants using purposive sampling. The results show that interpersonal communication among family members is effective despite long-distance physical separation. Despite the separation from her husband, this couple can prove that the commitment, goals, and communication patterns they have in their family life can maintain this family's interpersonal relationship to remain harmonious. Existing communication can build family intimacy and intimacy. Effective communication in interpersonal relationships can promote aspects of communication such as (a) openness (b) Empathy; (c) Support (d) Positive posture (e) Family equality The family communication patterns that emerge in long-distance marriages use multidimensional and reciprocal patterns.
subject: Artikel
  topic: section
subject: Sakinah
  topic: keywords
subject: State Servant
  topic: keywords
subject: and Mubjadi families
  topic: keywords
creator: Hazem Mofid
creator: Imam Syafi’i
creator: Hawa’ Hidayatul Hikmiyah
rights: Copyright (c) 2024 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2024-10-15
publication date: 2024-10-15
starting page: 80
ending page: 101
doi: 10.36420/7j98kn29

Keadilan Gender dalam Hukum Waris Islam (Studi Komparatif antara Hukum Waris Faraid dan Prinsip Kesetaraan Gender di Era Modern)
type: item
description: This study explores gender justice within the framework of Islamic inheritance law, focusing on a comparative analysis between the faraid system and modern principles of gender equality. The faraid system, as a classical Islamic legal framework, strictly regulates inheritance distribution, including gender-based differences in shares. In contrast, the principle of gender equality demands equal treatment of men and women in all aspects of life, including inheritance rights. This research aims to examine how faraid can be contextually interpreted to achieve substantive justice for women while upholding the core principles of Islamic law. Using a qualitative approach and comparative analysis, the study finds that there is room for ijtihad in the application of Islamic inheritance law, allowing for a balance between normative Islamic justice and contemporary demands for gender equality.
subject: Artikel
  topic: section
creator: A. Fahrur Rozi
creator: Muhammad Romli Muar
rights: Copyright (c) 2024 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2024-10-15
publication date: 2024-10-15
starting page: 64
ending page: 79
doi: 10.36420/sq83sj42

Childfree dalam Perkawinan: Tinjauan Kritis dalam Perspektif Maqashid Syariah
type: item
description: The phenomenon of childfree marriage has become an important issue in social and religious discourse, particularly in the context of Islam. This study examines the concept of childfree marriage from the perspective of Maqashid Syariah, focusing on hifz an-nasl (protection of lineage) and the concept of maslahah (benefit) in Islamic law. The findings indicate that childfree has developed as a social phenomenon influenced by various cultural and individual factors. From the perspective of Maqashid Syariah, having children is classified as dharuriyyat (a fundamental necessity) to ensure the continuity of future generations. The decision to be childfree in marriage may be justified if it is based on maslahah dharuriyyat, such as health risks or difficult social conditions. However, if the decision is solely driven by hajiyat or tahsiniyat considerations, such as career priorities, personal freedom, or concerns about physical appearance, it may conflict with Islamic legal objectives. This study also identifies three main factors influencing the decision to be childfree in marriage. First, medical and mental health factors, including maternal health risks, psychological disorders, and past trauma, which relate to hifz an-nafs (protection of life). Second, economic factors, such as financial instability and high living costs, which are linked to hifz al-maal (protection of wealth). Third, personal factors, including career ambitions, lifestyle preferences, and beauty standards, which influence hifz al-din (protection of religion) and hifz al-aql (protection of intellect). Therefore, the decision to be childfree in marriage is not merely a personal preference but must also be evaluated within the framework of Maqashid Syariah to ensure alignment with Islamic values. This study suggests further research on the social and religious implications of this phenomenon and encourages scholars and academics to provide legal and ethical guidance for couples considering a childfree ma…
subject: Artikel
  topic: section
subject: Childfree
  topic: keywords
subject: Maqashid Syariah
  topic: keywords
subject: Islamic Law
  topic: keywords
creator: Toriq Alqusni
creator: Siti Nurjanah
creator: Azmi Siradjudin
rights: Copyright (c) 2024 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2024-10-15
publication date: 2024-10-15
starting page: 37
ending page: 63
doi: 10.36420/kd5mwb10

Identitas Anak di Luar Nikah Menurut Permendagri No. 9 Tahun 2016 Tentang Percepatan Akta Kelahiran di Kabupaten Mojokerto
type: item
description: This document examines the legal identity of children born out of wedlock through the perspectives of Islamic law, the Civil Code, and the regulations in Minister of Home Affairs Regulation No. 9 of 2016. The study uses a qualitative literature review approach to understand the legal challenges faced by children born out of wedlock in Indonesia. Under Islamic law, children born out of wedlock do not have a legal relationship with their biological fathers and only have a civil connection to their mothers. This impacts certain rights, such as inheritance, which are limited for these children. Data from the Population and Civil Registration Office (Dukcapil) in Mojokerto shows that in 2023, 362 children were recorded as born out of wedlock, highlighting the need for greater attention to legal recognition and protection of these children’s rights in both civil law and other areas. The study also highlights the important role of Regulation No. 9 of 2016, which aims to speed up the issuance of birth certificates for all children, including those born out of wedlock, as a progressive step toward ensuring their civil rights. With the rising number of children born out of wedlock, public awareness of children’s rights and the need for proper legal recognition should be continuously increased. This research seeks to provide a deeper understanding of the rights of children born out of wedlock, the legal challenges they face in obtaining fair legal recognition, and the importance of regulatory support to ensure their civil rights are fully protected.
subject: Artikel
  topic: section
subject: Permendagri
  topic: keywords
subject: Identitas Anak Diluar Nikah
  topic: keywords
creator: Muhammad Said Agil Satriya Jaya Wardana
creator: Putri Putri
creator: Moch. Syakroni Adi Wijaya
rights: Copyright (c) 2024 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2024-10-15
publication date: 2024-10-15
starting page: 15
ending page: 36
doi: 10.36420/g4z2sg91

Perhitungan Bulan Dan Tanggal Baik Dalam Menentukan Pernikahan Bagi Masyarakat Pagendingan Galis Pamekasan
type: item
description: There are two main problems in this research. First, how to determine a good month and date for marriage according to the Pagendingan people. Second, the views of the Pagendingan people in determining good months and dates for marriage. This research uses a qualitative approach. The results of this research show that according to the Pagendingan community, to determine the month and date of a good wedding, they use nafi' knowledge and are based on the values ​​of Islamic teachings. According to the views of the Pagendingan community regarding determining good months and dates in marriage, there are various views, some recommend following weton, some say, weton petangan (calculation) is not recommended, all days and dates are good, but there are certain days that are considered the best. If someone already believes in weton calculations, then they should pay close attention to it with the aim of hoping for goodness from Allah SWT for what they have done.
subject: Artikel
  topic: section
subject: Calculating good months,
  topic: keywords
subject: calculating good dates
  topic: keywords
subject: determining marriage
  topic: keywords
creator: Syukron Mahbub
creator: Abdul Munib
creator: Urwatul Wusqo
creator: Didik Hariyadi
rights: Copyright (c) 2024 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2024-10-15
publication date: 2024-10-15
starting page: 1
ending page: 14
doi: 10.36420/27exrz47

Asas Kepastian Hukum atas Perkara Pengangkatan Anak di Pengadilan Agama
type: item
description: The Religious Court has the authority to examine, decide and resolve child adoption cases for people who are Muslim. This authority is regulated in Article 49 letter a number 20 of Law Number 3 of 2006 concerning Amendments to Law Number 7 concerning Religious Courts. In carrying out its authority, the Religious Court is based on the principle of Islamic personality, so ideally a person who is Muslim and wishes to apply for an adopted child should apply to the Religious Court. However, in reality the majority, including Muslims, submitted their petition to the District Court. The problem is, the District Court in deciding cases regarding applications for adopted children is based on customary law or Western law (BW), which in fact is different from Islamic law. The implications of adopting a child through the District Court will give rise to problems in the future, especially in inheritance issues, for example disputes between adopted children and other heirs
subject: Artikel
  topic: section
subject: Legal certainty
  topic: keywords
subject: adoption
  topic: keywords
subject: religious courts
  topic: keywords
creator: Mohammad Ramli
rights: Copyright (c) 2024 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2024-04-15
publication date: 2024-04-15
starting page: 215
ending page: 236
doi: 10.36420/99wcx169

Penolakan Mahar Pecahan Nominal Sesuai Tanggal Tertentu Di KUA Kecamatan Bojonegoro Perspektif Hukum Islam
type: item
description: Dowry is a mandatory gift from a man to a woman after performing a marriage contract. The determination of dowry is often based on symbolic aspects such as adjusting the dowry to a certain nominal fraction according to the wedding date or other dates that are considered sacred. This phenomenon triggered the Marriage Registrar at the Bojonegoro Religious Affairs Office to reject the dowry on the grounds that the dowry with a certain nominal fraction contained elements of waste and futility. This attracts researchers to study and study more deeply the analysis of Islamic law on the rejection of nominal fractional dowry according to a certain date at the Bojonegoro Religious Affairs Office (KUA). The results of this study show that the reason why the Marriage Registrar (VAT) of KUA Bojonegoro refused, is because in the dowry there is a nominal fraction that has no value and has no benefit so that it seems to be symbolic. In addition, how to get the nominal denomination money by buying and selling that contains elements of usury. In addition, the acquisition of the dowry is considered difficult. The refusal made can be punished as mubah (permissible) according to Islamic Law because in its practice in the dowry there are fractions that are not valuable and useful and contain riba so that they do not meet the valid conditions for dowry that have been explained in Islamic Law.
subject: Artikel
  topic: section
subject: Dowry cheating
  topic: keywords
subject: Nominal fraction
  topic: keywords
creator: Ririn Fauziyah
creator: Ali Hamdan
creator: Muhammad Abul Khoir
rights: Copyright (c) 2024 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2024-04-15
publication date: 2024-04-15
starting page: 198
ending page: 214
doi: 10.36420/7rjra391

Dampak Tradisi Meupahukh Terhadap Perkawinan Dibawah Umur dalam Masyarakat Suku Alas di Aceh Tenggara
type: item
description: This study aims to analyze the practice of mepahukh tradition in the Alas tribal community as a process of finding a mate for young people and young women of the Alas tribe who have an impact on child marriage. In this study the author uses a type of field research (field research) and is qualitative research. Through the approach of sociology of Islamic law, the author tries to examine the impact of the traditional practice of mepahukh child marriage in the Alas tribal community. As for this study, there are also two types of data sources used by the author, namely primary data and secondary data. The results showed that the practice of Meupahukh tradition in the Alas tribal community, especially in Alur Buluh Village, Bukit Tusam District, Southeast Aceh Regency, had an impact on child marriage. As through social construction theory, Peter Berger and Thomas Luckman see society as a process that takes place in three dialectical moments at once, namely externalization, the impact of Meupahukh tradition on underage marriage occurred because there was no policy from the government, neither local regulations nor policies from the Aceh customary council that regulated the minimum age of marriage. Objectification, assuming that marriage is an easy thing and as a way to get out of the village or area where they live and economic factors. Internalization, there is no age limit for young men and women to follow the procession of the Meupahukh tradition even this tradition is also followed by children who are still in elementary school. The involvement of children in the Meupahukh tradition can certainly encourage underage marriage.
subject: Artikel
  topic: section
subject: Meupakhuh Tradition
  topic: keywords
subject: Underage Marriage
  topic: keywords
subject: Alas Tribe
  topic: keywords
creator: Dina Fadhila
rights: Copyright (c) 2024 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2024-04-15
publication date: 2024-04-15
starting page: 178
ending page: 197
doi: 10.36420/7t1p2t63

Nikah Beda Agama dan Dampaknya Terhadap Psikologi Anak Perspektif Maqashid al-Syari’ah
type: item
description: This research explores the psychological impact of interfaith marriages on children in the Tapal Kuda area of East Java. Children from interfaith marriages only have multicultural awareness. However, it also has an impact on children's psychology. In this context, children often feel trapped between two different belief systems resulting from interfaith marriages, which can cause confusion and stress. Different beliefs and beliefs give children choices, which, of course, make children psychologically stressed by following one of them's beliefs. Pressure to choose one religion over another or to meet the expectations of both parents can cause significant internal conflict. This study uses a qualitative approach with case studies. The results show that these children show strong multicultural awareness but also experience significant challenges related to religious identity and mental health. Social pressure and confusion regarding religious identity often trigger their emotional instability, leading to feelings of anxiety, stress, and lack of self-confidence, ultimately affecting their mental health. Therefore, an inclusive approach is needed from families, communities, and educational institutions to support their mental health. This view is consistent with the principles of Maqashid al-Syari’ah, especially regarding protecting one's nasab (hifz an-nasl), protecting the soul (hifz al-nafs), and protecting religion (hifz al-din).
subject: Artikel
  topic: section
subject: Psychological Impact of Children
  topic: keywords
subject: Interfaith Marriage
  topic: keywords
subject: Maqashid al-Syari’ah
  topic: keywords
creator: Saini Saini
rights: Copyright (c) 2024 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2024-04-15
publication date: 2024-04-15
starting page: 147
ending page: 177
doi: 10.36420/fc3n7s59

Konsep Maslahah dalam Metodologi Tarjih Muhammadiyah
type: item
description: This article aims to analyze how the concept of maslahah is applied in the tarjih methodology in the Muhammadiyah tarjih council. There are three reasons why this research is important. First, Maslahah is a concept pioneered by ushul scholars, and its existence in the methodology of Islamic law istinbath many accept but also not a few who reject it as an epistemology of Islamic law. Second, Muhammadiyah as an Islamic-based community organization is one of the organizations engaged in da'wah, and has a Tarjih assembly as a forum tasked with studying and producing Islamic law in the form of tarjih decisions and fatwas. Third, through the Tarjih Assembly, which plays a role in issuing Tarjih decisions or fatwas on Islamic law, it does not escape using various Islamic legal methodologies used in the assembly. The results of this study show that the Muhammadiyah tarjih council uses maslahah considerations in legalizing certain problems. While the methods used in achieving maslahah include Qiyas, Istihsan, Maslahah Mursalah and saddu al-dzariat.
subject: Artikel
  topic: section
subject: Maslahah
  topic: keywords
subject: Muhammadiyah
  topic: keywords
subject: Tarjih Methodology
  topic: keywords
subject: Islamic Law
  topic: keywords
creator: Soni Zakaria
creator: Agus Supriadi
rights: Copyright (c) 2024 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2024-04-15
publication date: 2024-04-15
starting page: 127
ending page: 146
doi: 10.36420/8ceeya67

Perjanjian Perkawinan Dalam Konsep Maqashid asy-Syari’ah
type: item
description: A marriage agreement is an agreement made between a husband and wife when they are still married. Marriage agreements aim to protect the rights of each party and minimize conflict between husband and wife. However, on the other hand, there is a negative stigma that marriage agreements are considered taboo, unethical and full of individualistic and materialistic attitudes. Therefore, it is necessary to clearly understand the nature of the marriage agreement itself. This research aims to analyze the sociological basis and examine marriage agreements from the perspective of Maqashid Syari'ah. This research uses the Mashlahah theory. The research method used is normative juridical analysis, with data collection techniques through the study of documents, books, articles, magazines and dictionaries, then using the following techniques: analysis techniques, especially data simplification and data presentation and finally conclusions. The results of the first research show that the sociological basis of marriage agreements lies in the need for regulations that allow husband and wife to sign agreements as a step to minimize conflict between the two of them. Second, the marriage contract is in accordance with the principles of maqashid sharia, namely religious protection, soul protection, spiritual protection, property protection and child protection.
subject: Artikel
  topic: section
subject: Marriage agreement
  topic: keywords
subject: sociological basis
  topic: keywords
subject: Maqashid Syari'ah
  topic: keywords
creator: Moh. Subhan
rights: Copyright (c) 2024 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2024-04-15
publication date: 2024-04-15
starting page: 110
ending page: 126
doi: 10.36420/mtrbm060

Analisis Urf Terhadap Tradisi Pecotan Dalam Walimatul ‘Urs Di Kecamatan Kotaanyar Kabupaten Probolinggo Provinsi Jawa Timur
type: item
description: The majority of people in Kotaanyar Regency use the pecotan tradition as a medium of invitation in carrying out walimatul 'urs to invite people to attend and donate in return in the form of money or goods. However, in the current situation, people continue to preserve the pecotan tradition, even though some people feel forced to do it. This is interesting for researchers to study and examine more deeply the status of the Pecotan Tradition using the 'urf analysis approach on walimatul 'urs in Kotaanyar District, Probolinggo Regency, East Java Province. The results of this research indicate that the status of the Pecotan Tradition using the 'urf analysis approach in walimatul 'urs has fulfilled the requirements to become a tradition ('urf) and is in accordance with the law. So it can be implemented in social life because it has a good goal by helping each other between communities when implementing Walimah al-'urs.
subject: Artikel
  topic: section
subject: Urf
  topic: keywords
subject: Pecotan Tradition
  topic: keywords
subject: Walimatul Urs
  topic: keywords
creator: Muhammad Zainuddin Sunarto
creator: Alfin Haidar Ali
creator: Robiatul Adawiyah
rights: Copyright (c) 2024 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
date: 2024-04-15
publication date: 2024-04-15
starting page: 92
ending page: 109
doi: 10.36420/xtwxbg73