As-Sakinah: Jurnal Hukum Keluarga Islam

Konsepsi mahar perkawinan dalam pandangan penghulu di Kabupaten Merauke

2025-04-25T05:03:21+00:00

Dowry is an obligatory gift from the husband to the wife that is given before, during, or after the marriage contract as an integral part of the contract. Penghulu as marriage registration officials have a strategic role in understanding and explaining the forms of dowry that develop in the community. This research aims to identify variations in the form of dowry in Merauke Regency from the perspective of the Penghulu, and analyze this phenomenon through Lawrence M. Friedman's legal system approach which includes aspects of legal substance, structure and culture. The method used is field research with conceptual, historical, normative, and phenomenological approaches. The results show that the form of dowry in Merauke varies greatly, ranging from gold jewelry, precious metals, cash, a set of prayer tools, to a combination of other forms of dowry. In Friedman's perspective, this variation reflects the emergence of a new conception of dowry that is influenced by social change and the dynamics of local legal culture. This finding confirms that dowry is not just a symbol of marriage, but also a living reflection of law that is adaptive to the social and cultural realities of a multicultural society.

Konsep humanisme religius sebagai bentuk toleransi keluarga multiagama di Malang

2025-05-17T07:46:21+00:00

Religious humanism which is theocentric, has the principle that religion can affect human life, sees individuals and society based on moral values, as is commonly found in religion. In religious humanism, religion can provide a solution. Religious humanism can also be interpreted as Gus Dur's humanism, because it is based on Islamic universalism which is believed to be able to solve human problems. Considering that Indonesia is a country with a pluralistic society, it is feared that religious intolerance will occur. By using the concept of religious humanism, it is hoped that it can become a foothold in maintaining religious harmony. By using a descriptive qualitative approach, this study focuses on the paradigm of religious humanism as a form of tolerance for harmony in multi-religious families. This study reveals that religious humanism can be used as a new paradigm for the author. Because this humanism is a universal humanism, this idea can encompass all aspects of every religion in Indonesia. Even though they have different religions, if someone holds tightly to the same goal in the family, namely humanity, then division will not occur in the family. In line with that, this study will see how Gus Dur's concept of religious humanism as a form of tolerance in multi-religious families in Malang.

Perkawinan beda agama dalam perspektif hukum Islam dan peraturan perundang-undangan di Indonesia

2025-05-26T14:23:18+00:00

This study aims to examine the clarity of the legal status of interfaith couples in the perspective of Islamic law and national law in Indonesia, and analyze the normative conflicts that arise between the two. The approach used is a normative juridical approach with data collection techniques in the form of literature study of legislation, religious fatwas, and relevant scientific literature. The results show that national law through Law Number 1 Year 1974 does not explicitly regulate the legality of interfaith marriages, giving rise to legal uncertainty. Meanwhile, the majority of Islamic law rejects this practice because it is considered contrary to the values of sharia. The conflict between the two creates a legal dilemma that affects the marital status and civil rights of the couple and the children born. This research recommends the importance of harmonization between religious and state law through regulatory reform and increased dialogue between state institutions and religious authorities to create a more just and inclusive legal system.

Teknik keterampilan mediasi: Analisis komprehensif teknik mediator dalam penyelesaian sengketa

2025-06-02T01:44:35+00:00

A mediator has a central role as a facilitator in the mediation process, with full authority to direct the course of mediation in order to reach a fair and balanced agreement for the parties to the dispute. Along with the development of the times and the increasing complexity of social problems, the role of mediators has become increasingly challenging. This requires mediators not only to master procedural aspects, but also to have qualified soft skills to support the effectiveness of non-litigation dispute resolution. This research aims to analyze in depth the techniques of skills that are essential for a mediator in carrying out his duties professionally. This research uses a qualitative approach through the library research method, by examining secondary data sourced from various scientific literature, such as books, journals, research reports, theses, and theses. The data obtained were analyzed descriptive-analytically with a systematic approach to comprehensively describe and elaborate the relevant mediation skills techniques. The results of the study show that there are several main techniques that must be possessed by a mediator, including interpersonal communication techniques, active listening, questioning techniques, and reframing techniques. Mastery of these techniques not only increases the effectiveness of the mediation process, but also strengthens the position of the mediator as an adaptive, empathic, and solutive conflict resolution agent in the face of evolving dispute dynamics. Thus, these skills are the main foundation in building trust between parties and creating sustainable equitable solutions.

Tinjauan etika hukum Islam terhadap pemerkosaan dalam perkawinan: Analisis prinsip mu'asyarah bi al-ma‘ruf dan darar ma‘nawi

2025-06-15T03:48:24+00:00

This research examines the position of marital rape in the perspective of Islamic legal ethics. In the current context, this issue has become a critical spotlight, especially in the discourse of gender justice and rights in marriage. The purpose of this research is to construct the view of Islamic law related to the act of forced sexual intercourse in marriage by tracing normative sources in fiqh, such as the Qur'an, hadith, and the opinions of scholars through the ijtihad approach. The method used in this research is a normative qualitative approach by analyzing classical and contemporary Islamic texts. The results of the study show that marital rape contradicts the principle of mu'asyarah bi al-ma'ruf (good treatment in the relationship between husband and wife) and causes darār ma'nawi or psychological harm to the wife as a victim. This act also violates the principle of equality in the fulfillment of biological rights between spouses, as taught in Islamic legal values that uphold justice and compassion.