Claim Missing Document
Check
Articles

Found 13 Documents
Search

NUSYU'Z-MARITAL RAPE (KDRT) PERSPEKTIF HUKUM PERKAWINAN ISLAM Rahma Pramudya Nawang Sari
Al-Ahwal: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2012)
Publisher : Universitas Islam Negeri (UIN) Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ahwal.2012.05206

Abstract

Marriage is one of the Allah’s commandments in al-Qur’an and Hadis to those who have been able to do it. In Islam, marriage is not a mere relationship between husband and wife but more than that. According to Islamic law, marriage is an act containing religious values because any action taken by either husband or wife when carrying out their rights and responssibilities in their marriage is a deed with either good or poor values. The concept of nusyu>z found in QS an-Nisa’: 34 and 128 and several hadis known in the Islamic marriage law, basicly nusyu>z is that either the husband or the wife does not do or ignore their rights and responssibilities in their marriage life. The concept of nusyu>z in the perspective of Islamic marriage law is that the husband breaks the sighat or the vow with the aim to protect the right of his wife from the cruel action that he do as the head of family, may do to his wife that can result in a divorce.[Perkawinan merupakan salah satu perintah agama kepada yang mampu untuk segera melaksanakannya sebagaimana perintah Allah dalam al-Qur’an dan Hadis. Perkawinan dalam Islam tidak semata-mata sebagai hubungan antara suami dan istri. Tetapi, lebih dari itu, Islam memandang perkawinan merupakan suatu perbuatan yang bernilai ibadah karena setiap tindakan yang dilakukan masing-masing pasangan ketika menunaikan hak dan kewajibannya dalam perkawinan adalah perbuatan yang bernilai baik dan buruk. Tetapi, hak dan kewajiban itu terkadang tidak dilakukan sebagaimana mestinya yang dalam Islam dikenal dengan istilah nusyu>z. Dalam Q.S. an-Nisa`: 34 dan 128 serta beberapa hadis yang dikenal dalam hukum perkawinan Islam, pada dasarnya nusyu>z adalah tidak melaksanakan atau sikap meninggalkan hak dan kewajiban dalam berumah tangga baik yang dilakukan oleh suami maupun istri. Konsep nusyu>z dalam perspektif hukum perkawinan Islam berimplikasi terhadap pelanggaran sighat taklik talak yang dilakukan oleh suami terhadap istri yang merupakan ikrar suami terhadap istri yang ditujukan guna melindungi hak istri dari tindakan kesewenang-wenangan suami sebagai pemimpin dalam keluarga yang pada saat ini lebih dikenal dengan sebutan kekerasan dalam rumah tangga yang dapat menyebabkan putusnya perkawinan.]
Wanita Karir, Studi Kritis Perspektif Maqashid Syariah Ahmad Syafii Rahman; Siti Aisyah; Moh Shofiyul Huda MF; Rubini Rubini; Rahma Pramudya Nawang Sari
Ulumuddin : Jurnal Ilmu-ilmu Keislaman Vol 12 No 1 (2022): Ulumuddin: Jurnal Ilmu-ilmu Keislaman
Publisher : Universitas Cokroaminoto Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/ulumuddin.v12i1.940

Abstract

Islam exists to liberate mankind from unequal social conditions. Islam rejects all forms of tyranny, exploitation, domination, and hegemony in various aspects of life: economy, politics, culture, gender and others. Basically Islam never forbids women who want to work (career). This study tries to analyze the position of career women in the perspective of Maqashid sharia. This research was conducted using a conceptual approach, namely the Maqashid Shari'ah concept. The results of this study indicate that there are five objectives of maqashid ash-shari'ah, namely to protect or ensure the continuity of one's faith (hifdz ad-din), their lives (hifdz nafs), their minds (hifdz al-'aql), their descendants ( hifdz an-nasl) and their wealth (hifdz mal). All of these five main objectives of sharia are intended to promote the general welfare of mankind. There are many benefits of women working and pursuing their careers. Someone who works will earn income that makes himself independent (hifdz nafs), useful and can give alms to others as recommended by his religion (hifdz ad-din). A person who does alms and good deeds will get his own honor in the eyes of his community (hifdz al 'ird). Independence and honor have noble values ​​that we can find in various verses of the Qur'an and the hadith of the Prophet Muhammad.
Legal Protection of Child Victims of Human Trafficking (Human Trafficking) District in South Central Timor Review of Law Number 35 Year 2014 Regarding Child Protection Evelyn bellatrix Sumbi; Irzani Andi Abdulrahman; Rahma Pramudya Nawang Sari; Arief Budiono
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 7 No. 2 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i2.96

Abstract

The increase in cases of human trafficking is a problem that has an impact on post-modern civilization. The uneven distribution of opportunities for education for the lower middle class has resulted in many cases of children dropping out of school due to higher education costs, uneven health services in various regions, and the influence of negative issues in the spotlight at home and abroad..In the eastern part of Indonesia, cases of human trafficking generally occur in rural communities with hidden recruitment by the perpetrators coming from the family environment and closest relatives as happened in South Central Timor, among others: Adoption of children who are not appropriate procedural and illegal; Culture (Oko Mama) and family; Become a worker with the promise of a large salary and a decent living; Approach through romance; and kidnapping of victims. Human trafficking cases, both domestically and abroad, are carried out with various modus operandi that are increasingly diverse and complex, so that a comprehensive and synergistic handling is needed. The results of research into criminal acts of human trafficking in East Nusa Tenggara must receive special handling from the government, law enforcement officials, families and communities so that they do not develop which have an effect on children. In addition, children must also receive attention both in growth and development in the community and in terms of education wherever they are and the social impacts that arise on lifestyle changes and on educational orientation..
Pandangan Tokoh Muhammadiyah Di Kota Kupang Terhadap Childfree Rahma Pramudya Nawang Sari; Yahya Nikmat Nobisa; Jakaria M. Sali; Iskandar Iskandar; Bashita Kartika Paradila; Ahmad Syafii Rahman
Ulumuddin: Jurnal Ilmu-ilmu Keislaman Vol 12 No 2 (2022): Ulumuddin: Jurnal Ilmu-ilmu Keislaman
Publisher : Universitas Cokroaminoto Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/ulumuddin.v12i2.1336

Abstract

In marriage that has been prescribed in Islam, having children is one of the goals of marriage because children are the best investment for both parents, religion, society, and the country. But over time, having children is no longer the goal in marriage, there are some couples who choose not to have children. This term is called childfree. In this study, the problems raised by the researcher are: 1) How does the decision of childfree become a life choice for the people of Kupang City. 2) How is childfree according to the view of Muhammadiyah leaders. The purpose of this study was to find out the in-depth reasons for the decision of childfree being the life choice of the people of Kupang City and to find out the views of Muhammadiyah leaders in Kupang City on childfree. The type of research used in this research is field research. The data collection method used in this study was obtained through interviews and documentation. Child-free decisions are decisions that a person makes consciously. Choosing not to have children is not easy, and requires a time-consuming decision-making process that takes into account many factors, including rejection from family members and those closest to you, as well as social pressure. Even so, people with this choice feel that the choice not to have children makes them feel like they are living the free life of their dreams. However, Muhammadiyah leaders in Kupang City did not justify this decision, because it was not in accordance with the purpose of marriage, one of which was to have children. All informants also share the same view, namely, that child-freedom will be allowed if it contains an emergency (maslahah dharuriyat) for example a couple with a medical history does not allow them to have children. Keywords: Childfree, Descendants, Choice, Character View
PANDANGAN MASYARAKAT TERHADAP PELAKSANAAN PROGRAM KELUARGA BERENCANA (KB) DALAM MEWUJUDKAN KELUARGA SAKINAH DI KECAMATAN LEMBOR SELATAN Rahma Pramudya Nawang Sari; Yanti Rosalina Naitboho; Hikmah Hariyati; Jakaria M. Sali; Syarif Idris. PS
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i1.10998

Abstract

Awareness of the importance of creating a sakinah family is the ideal that every married couple hopes for. There are a lot of efforts that must be made by all families to make this happen. The Ministry of Religion, through the Advisory Body for the Development and Preservation of Marriage (BP4) tries to provide an idea regarding efforts to form a sakinah family, namely by providing four main efforts that must be made. One of them is the implementation of the family planning (KB) program. The method used is a qualitative descriptive method with interview data collection techniques and documentation. Based on the conclusions in this research, the implementation of family planning in Golojong village, Nangalili Village, South Lembor District, West Manggarai Regency, is largely possible to create a sakinah family. Because they can maintain birth spacing, have an adequate economy, can save money, and married couples understand and love each other and always carry out the obligations commanded by Allah SWT. So that the family is more harmonious, safe, peaceful and peaceful in the family.
Peran Pengurus Wilayah Nahdatul Ulama Dalam Membumikan Islam Moderat Di Kota Kupang Naitboho, Yanti Rosalina; Sari, Rahma Pramudya Nawang; Sali, Jakaria M.; Solo, Mohamad Idul Wegha; Arifin, Zainul
Ulumuddin: Jurnal Ilmu-ilmu Keislaman Vol 13 No 1 (2023): Ulumuddin: Jurnal Ilmu-ilmu Keislaman
Publisher : Universitas Cokroaminoto Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/ulumuddin.v13i1.1337

Abstract

Absolute Moderate Islam has been explained in Q.S Al-Baqarah verse 145. This provision is arranged in accordance with the Decree of the Minister of Religion Number 93 of 2022 regarding the strengthening of religious moderation, which must be done in a directed, systematic, comprehensive, sustainable manner. , targeted and responsible way. The existence of religious moderation is based on strengthening the rights of the community in maintaining tolerance and, prospering community life, as well as preventing the emergence of religious conflicts. This research is a type of qualitative descriptive research with the collection of documentation data taken directly from the office of the District Manager of Nahdatul Ulama Timur Nusa Tenggara and interviews with the Nahdatul Ulama Timur Nusa Tenggara regarding the role that has been carried out and the Muslim and non-Muslim community as actors who respond to the impact of the application Moderate Islam on community life. Data processing through the stages of data inspection, classification, triangulation, data analysis, and conclusions. The results of this study found that the role of Nahdatul Ulama Regional Management in grounding Moderate Islam in the City of Kupang has been proven to be effective with the implementation of the vision and mission with supporting factors, namely the strengthening factor of Ukhuwah Islamiyah, the strengthening factor. Brotherhood of Insaniyah and factors that strengthen the relationship between religious leaders.
Perspektif Hukum Islam Dalam Pelaksanaan Nafkah Anak Setelah Perceraian Di Desa Nanga Sari, Rahma Pramudya Nawang; Surabaya, Syarif Idris Pua; Kalsum, Umi; Natonis, Nurhayati; Sutantriyati, Ari
Ulumuddin: Jurnal Ilmu-ilmu Keislaman Vol 14 No 1 (2024): Ulumuddin: Jurnal Ilmu-Ilmu Keislaman
Publisher : Universitas Cokroaminoto Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/ulumuddin.v14i1.2131

Abstract

In-depth examination of parents' post-divorce financial obligations is provided by this study, which takes into account the Compilation of Islamic Law in Nanga Mbaur Village, Sambi Rampas District, East Manggarai Regency. Researchers used a qualitative descriptive method that uses primary data sources that are directly gathered from informants via documentation and interviews. The study's findings suggest that parents should not assume they will always be able to provide for their children's needs when a divorce is decided. The imposition of child support following the divorce ruling was not carried out because of a number of reasons, including a deficiency of human resources, family dynamics, economic considerations, third-party considerations, and religious knowledge.
Kedudukan Ine Ame dalam Upacara Adat Pemakaman di Desa Bareng Kecamatan Buyasuri Kabupaten Lembata: Studi Fenomenalogi dan Hukum Islam Kalsum, Umi; M. Sali, Jakaria; Sari, Rahma Pramudya Nawang; Natonis, Nurhayati
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 3 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga (In Press)
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i3.7322

Abstract

The traditional funeral ceremony involving ine ame is a funeral system that is still maintained and preserved. funeral system that is still maintained and continues to be preserved. In connection with this, the actions taken are real actions that are a form of respect for the deceased and his family. In Islamic law, the funeral process has been properly regulated such as informing the news of grief, bathing, shrouding, praying, burying. This research is an attempt to find out more about the traditional funeral ceremony found in the kedang community in bareng village, buyasuri sub-district, lembata district. This research uses a field research method with a qualitative descriptive approach. this research produces (1). The implementation process begins with informing the Ine Ame party, negotiating the ine ame party, luggage or kahalar, discussing customary fines such as Ote', belis, the attitude of the family, and finally reciprocity in the form of Atabelake. (2). The view of Islamic law regarding traditional funeral ceremonies This is a form of ceremony that can be said to be contrary to the provisions of Islamic law. Thus, it can be concluded that the traditional funeral ceremony in village of bareng, buyasuri sub-district, lembata district is contrary to Islamic law.
LAW AND ETHICAL PARADIGMS IN THE DISCOURSE ON WESTERN PHILOSOPHY AND ISLAMIC PHILOSOPHY Citra Widyasari S; Mukarramah Mukarramah; Iskandar Iskandar; Rahma Pramudya Nawangsari
Kanz Philosophia: A Journal for Islamic Philosophy and Mysticism Vol. 10 No. 1 (2024): June
Publisher : Sekolah Tinggi Agama Islam Sadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20871/kpjipm.v10i1.338

Abstract

There are differences in the approach to law and ethics in Western philosophy compared to law and ethics in Islamic philosophy. Western philosophy itself is divided into several schools, including natural law philosophy, legal realism or positivistic philosophy, historical philosophy of law, sociological philosophy of law, and utilitarianism. These schools have different views on the position of law and ethics. In the discourse of Islamic philosophy, Law and Ethics or Morality are seen as interrelated principles. While Western philosophy is divided into several schools and dichotomizes between Law and Ethics, in Islamic philosophy they are integrated into the view that law and ethics are a unity and represent the spirit of Islamic teachings. This research aims to explain the role of law and ethics in Western philosophical schools. This research will explain how Western philosophical thought relates to law and ethics, and how the integration of law and ethics occurs in the context of Islamic philosophy. This research is a type of literature review or bibliographic study. The method applied in this research is descriptive analysis using a comparative approach. In the issue of Law and ethics, Western philosophical schools are divided into two views: those that unite law and those that separate law and ethics. The view that unites law and ethics includes natural law philosophy and historical philosophy of law. The view that separates law and ethics includes legal realism, positivism, social jurisprudence, and utilitarianism. Meanwhile, in the context of Islamic philosophy, the relationship between law and ethics is considered an integrated dimension in human life that cannot be separated.
Legal Policy for Women Workers in Indonesia: A Review of Contemporary Islamic Law Abdul Rahim Hakimi; Citra Widyasari S; Mukarramah Mukarramah; Rahma Pramudya Nawang Sari
MILRev: Metro Islamic Law Review Vol. 3 No. 1 (2024): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v3i1.9023

Abstract

The Indonesian government issued Regulation in Lieu of Law (Perppu) Number 2 Year 2022 on Job Creation by amending several contents of the regulation. After the issuance of the regulation, attention has been focused on the regulation of the protection of women in law. Therefore, this study aimed to determine the effect of Government Regulation on Job Creation regarding the welfare of women workers in the review of contemporary Islamic law through siyāsah dusturiyāh. The analysis was conducted through library study, using data sources acquired from the literature pertaining to the Government Regulation in Lieu of Law on Job Creation. The results showed that in contemporary Islamic legal study, the concept of siyāsah dusturiyāh emphasized policy formation to achieve benefits measured through Maqasid Shari'ah. According to Perppu, every citizen was able to secure employment and receive fair as well as dignified compensation and treatment in labor relations, including the protection of women workers. However, several aspects did not work in accordance with the objectives and had a negative impact on women workers. These included the threat of low wages, the expansion of the outsourcing system, and the obligation of prolonged leave, which no longer persisted. In this context, Perpu was not consistent with the purpose of the benefit of women workers.