Al-Qadha <p>AL-QADHÃ is an academic scholarly journal published by Ahwal Asy Syakhsiyah. This&nbsp;Journal published twice a year in June and December. This journal has specifications in the field of Islamic jurisprudence and legislation and communicates the research of the lecturers related to the field. this journal is expected to contribute to the academics in studying Islamic law especially in the field of family law both from the aspect of Islamic law and civil law that has been applicable in Indonesia</p> <p>&nbsp;</p> en-US (SYARIAH) (Muhazir) Sat, 16 Nov 2019 20:59:50 +0700 OJS 60 TA'ARUF LOCALITY: INTEGRATION OF ISLAMIC LAW AND CUSTOMARY LAW OF THE PHENOMENON USING TRIBE GREDOAN IN BANYUWANGI <p>This research is a study which used a qualitative approach with the type field <br>research, which is related to the Gredoan tradition as the event of looking for a life partner<br>in using community located on Macan Putih Village, Kabat district in banyuwangi. In this<br>paper will explain how is the custom to find a mate in Banyuwangi society that has lasted<br>since long ago. Gredoan is the relations between customary law and Islamic law which<br>seeks to integrate between the customary laws with Islamic law in matters of marriage. the<br>Contributions of research are: First, there is public space in the form of practice the ta'aruf<br>process towards marriage in Banyuwangi Using society which known as gredoan custom.<br>Second, that Islamic law turns out to have spaces to accommodate the customs as the joints<br>of Islamic law. gredoan Tradition as an al-„urf in using community of banyuwangi in<br>ta'aruf process towards marriage, it obtains legitimacy by the maqāṣid al-syarīʿah which is<br>based on the rules is al-âdat al-Muhakkamah.</p> Qurrotul Ainiyah Copyright (c) Thu, 27 Jun 2019 00:00:00 +0700 HISTORI PEMBERLAKUAN PERADILAN AGAMA ERA KERAJAAN ISLAM DAN PENJAJAHAN DI INDONESIA <p>The journey of the Religious Courts that has been passed in such a long period of<br>time means that we are talking about the past, namely the history of the Religious Courts.<br>With the entry of Islam into Indonesia, which for the first time in the first century Hijri (1 H /<br>7 AD) brought directly from Arabia by merchants from Mecca and Medina, the community<br>began to implement the teachings and rules of Islamic religion in everyday life. The Religious<br>Court is one of the Special Courts under the authority of the Supreme Court as the highest<br>court in the Republic of Indonesia. As an Islamic Judiciary that had been established long<br>before Indonesia's independence, the Religious Courts certainly could not be separated from<br>the changes that occurred considering the reign of the Government of Indonesia had been held<br>by various people with different backgrounds, politics and goals, surely it would have an<br>impact on the existence Religious Courts both materially and immaterially, including during<br>the Dutch and Japanese colonial rule in Indonesia.</p> Faisal Copyright (c) Fri, 28 Jun 2019 00:00:00 +0700 KONSEP MAHRAM DALAM HUKUM ISLAM ANALISIS HADIS DALAM KITAM AL- MUWATA’ IMAM MALIK <p>Mahram in Islamic law is a necessity for women seeking traveler with reaching<br>distance masafah Qasar, though many occur polimik and debate on the issue, but the Islamic law<br>exists to balance the life of mankind in general especially those of Muslims. The problem in this<br>paper is How the concept of mahram according to Islamic law? How intent mahram in the book<br>of hadith al-Muwata 'Imam Malik? Mahram in Islamic law are those forbidden to marry a<br>woman either nasab, musaharah or rida '(suckling). Mahram in the book of al-Muwata 'Imam<br>Malik are the ones that have been mentioned in the Koran and Hadith dimena they can maintain<br>and preserve women from the threat that the bus makes these women are not at ease, comfortable<br>and peaceful so that if women who travel or other sebaginya unaccompanied by mahramnya the<br>devil and the devil upon him, the quality of the chains and Matan hadith of Abu Hurairah that<br>has takhrijed by Imam Malik is Sahih.</p> Chaliddin Copyright (c) Fri, 28 Jun 2019 00:00:00 +0700 KEDUDUKAN MAZHAB, TAKLID DAN IJTIHAD DALAM ISLAM <p>The Mazhab is interpreted as a way of thinking of a mujtahid in finding law from the <br>original source, namely the Qur'an and Hadith, or the opinion of a mujtahid. The mazhab means to<br>follow the opinion of Islamic jurists. The mazhab can also be interpreted as submitting to the<br>Imam of the mazhab or religious followers of the mazhab of law. The mazhab or follow the<br>mazhab as an alternative for those who are clouds or people who are unable to do ijtihad.</p> Muhammad Zuhdi Karimuddin Copyright (c) Fri, 28 Jun 2019 00:00:00 +0700 ANGGOTA TUBUH TERKHITBAH YANG BOLEH DI PANDANG MENURUT IBNU HAZM <p>To reach an ideal household (mawaddah warohmah), various preparatory efforts are<br>needed as early as possible to support the marriage. This preparation must have started since the<br>introduction process until there is a determination to get to the marriage level. Broadly speaking,<br>preparations that must be required include a prospective husband and wife must be ready or<br>mature physically, mentally (psychologically), socially and sexually. Khitbah in Indonesian is<br>the same as engagement, engagement or proposal. The word "khitbah" comes from Arabic which<br>is a masdar form of the word تطخ which means to propose or propose. In the Indonesian Islamic<br>Encyclopedia explained that Khitbah means the proposal or proposal, which is the proposal of a<br>man who wants to marry a woman, whether she is still a girl or already a widow. In this case<br>proposal can be done by men and women in accordance with the customs that apply to the<br>community or the environment they live. Ibn Hazm has his own minhaj (method) in<br>understanding texts, that is, the Zhahiri minhaj which is very different from the school of<br>worship that is adopted by jumhur. In understanding a text Ibn Hazm took directly from the<br>provisions of the text al-Qur'an and the hadith, he only looked at what they can see from the<br>outside only. Not proclaiming the law, not searching for „illat, he eve n said that the text must be<br>understood in its final way. Ibn Hazm argues that when preaching a man can see the whole body<br>of his future wife without exception. Whether it's aurat or not.</p> Muhammad Alwin Abdillah, Rasyidin Copyright (c) Fri, 28 Jun 2019 00:00:00 +0700