Familia: Jurnal Hukum Keluarga

CONCEPTION OF ṬALĀQ BĀ‘IN KUBRĀ (STUDY OF TAFSĪR BI AL-MA'ṠŪR LETTER AL-BAQARAH VERSE 230)

Isqi Dzurriyyatus Sa'adah — 2024-06-26

This study aims to understand how the tafsīr bi al-ma'ṡūr approach can interpret the verse on divorce in Surah al-Baqarah: 230, including its correlation with other verses in the Qur'an, hadith, and the sayings of companions. The method used is a qualitative method with a library research approach. The results of this study conclude that tafsīr bi al-ma'ṡūr is a method of interpretation by comparing the verse of the Qur'an with the Qur'an itself, the Qur'an with the hadith, the Qur'an with the words of the companions, The concept of ṫalāq bā'in kubrā with the al-ma'ṡūr approach provides a more comprehensive perspective than other interpretive approaches, because it not only refers to the textual context of the Qur'anic verse in explaining the legal consequences of ṫalāq bā'in kubrā but also explores authentic traditions and scholarly views in detail. The position of muhalil and nikah muhalil as a legal consequence must be pursued in a way that is by the provisions of the Shari'a, not implemented under the pretext of the first husband's return to the ex-wife who has been imposed ṫalāq bā'in kubrā which gives the impression of playing with sacred religious rules.

THE PHENOMENON OF FEMINISM'S SUCCESS (Gender Studies of Liberal Feminism and Radical Feminism)

Wafa Suci Ningrum — 2024-06-28

The feminist movement originated from women's awareness of oppression and the desire to achieve equal rights and roles with men. To understand the concept of the feminist movement in depth, the focus of the research is narrowed down to the liberal feminism and radical feminism movements and the phenomena that occur in society related to these two schools of feminism. The descriptive-analytical approach in the qualitative research method is used by collecting data from various literatures and articles and observing the social phenomena that occur. The results show that liberal feminism is a movement that fights for women's rights, especially in the fields of education, politics, and roles in the public sphere. On the other hand, radical feminism rejects the institution of family because it tends to oppress women by limiting their rights. Phenomena such as widowhood, celibacy, and childlessness that are rampant in society prove that the feminist movement, especially liberal feminism and radical feminism, has a considerable influence on the fabric of society. Adherents of these phenomena feel that by embracing feminist views, they can be liberated from patriarchal culture while still gaining independent rights over themselves and freely expressing life choices without being bound by obligations to husbands and children.

FAMILY HARMONY: THE INTEGRATION OF LOVE, EFFECTIVE COMMUNICATION, AND LIFE BALANCE IN THE PERSPECTIVE OF ISLAM AND FAMILY PSYCHOLOGY

Heni Halimatussyadiah — 2024-06-29

As the most fundamental unit of society, the family plays a crucial role in shaping individuals' character and quality of life to create harmonious relationships. Therefore, it is necessary to conduct an in-depth study to explore and analyze the concept of integration of family harmony theory through the perspective of Islam and family psychology, which focuses on three critical aspects: 1, Fostering love as the primary foundation, 2. Developing effective communication to maintain healthy family relationships, 3. Achieving balance in family life.

The research methodology employed is a qualitative approach, leveraging existing literature to draw insights from various pertinent research findings. The analysis reveals that the establishment of a sakinah, mawaddah, and rahmah family, as perceived through the lens of Islam and family psychology, necessitates heightened awareness, commitment, and tangible efforts from each family member. This involves the enhancement of positive, intense, and affectionate communication patterns, which serve as a cornerstone in fostering healthy and harmonious relationships. The implications of this research are anticipated to inspire the community to strive for the creation of a harmonious family in accordance with Islamic values and the science of family psychology, in an integrated manner.

THE PHENOMENON OF MARRIAGE DISPENSATION AND EARLY MARRIAGE FROM THE PERSPECTIVE OF MAQASHID SHARI'AH AND HUMAN RIGHTS

Rino Cahya Pratama — 2024-06-29

In Ponorogo District, marriage dispensation cases increased significantly by 148% in 2020 and 10% in 2021. So, it is essential to examine the basis of the judge's considerations in determining marriage dispensation from the perspective of maqashid sharia and human rights towards the rights of children, who are always at the center of the problem in determining marriage dispensation applications. This research uses an empirical juridical legal approach with qualitative methods. Data were obtained through a literature study and in-depth interviews with judges at the Ponorogo Religious Court. The results show that three main aspects form the basis for determining marriage dispensation applications. First, the soul, mind, and offspring are protected at the dharuriyah level. This is based on the many cases of pregnancy of children out of wedlock, which have the potential to result in death for children and mothers who are psychologically disturbed due to the impact of pregnancy. Second, the economic aspect is included in the level of hajiyah, where children are married off based on financial needs related to the needs of human life. Third, This educational aspect is included in the level of hajiyah, where there are many cases of children who are no longer in school due to various material and non-material factors, making them vulnerable to promiscuity. In addition, the human rights analysis shows that although early marriage can potentially violate children's rights, in specific contexts and with careful consideration, marriage dispensation can be granted without violating human rights principles as long as the fundamental rights of children are protected and respected.

DYNAMICS OF WIFE FRIENDSHIP IN THE HOUSEHOLD SYSTEMIC ANALYSIS OF THE CAUSES AND STRATEGIES FOR BUILDING HARMONY

Agung Pratama Dharma — 2024-06-29

Penelitian ini menyelidiki fenomena perilaku cerewet pada istri dalam konteks rumah tangga, mengidentifikasi penyebabnya, dan mengeksplorasi strategi untuk mengelola dinamika tersebut demi mencapai keharmonisan dalam hubungan. Perilaku cerewet dipahami sebagai kebutuhan berkomunikasi dan diakui, sering kali muncul dari ketidakpuasan dalam dinamika hubungan, perbedaan kepribadian, serta tekanan kehidupan sehari-hari. Menggunakan studi kepustakaan dengan jenis penelitian kualitatif dan analisis deskriptif-analitik berdasarkan teori sistem keluarga Minuchin. Hasil penelitian menunjukkan bahwa, perilaku cerewet pada istri dalam rumah tangga bisa dimengerti melalui faktor-faktor seperti ketidakpuasan dalam hubungan, perbedaan kepribadian, gaya komunikasi, dan tekanan sehari-hari. Seringkali, kecerewetan merupakan cara untuk menegaskan diri dan mengekspresikan ketidakpuasan. Mengatasi hal tersebut membutuhkan empati dan komunikasi efektif, termasuk mendengarkan aktif, memahami emosi yang mendasarinya, serta menetapkan waktu untuk dialog. Selain itu, pengembangan hobi bersama, penggunaan humor, dan introspeksi diri mendukung dinamika hubungan yang sehat. Berdasarkan analisis teori Salvador Minuchin tentang penyesuaian diri dalam keluarga memberikan penekanan pada batasan, subsistem, dan fleksibilitas yang jika diterapkan, dapat mengurangi kecerewetan dan meningkatkan harmoni keluarga. Komitmen bersama untuk mendukung dan memahami satu sama lain serta adaptasi dinamika keluarga merupakan kunci untuk memperkuat hubungan dan menciptakan keharmonisan.