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All Journal Journal Analytica Islamica Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam
Yusdi Haq
STDI Imam Syafi'i Jember
Religion Education Law, Crime, Criminology & Criminal Justice

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POLYGAMY AS A RESPONSE TO REJECTION OF SEXUAL RELATIONS: A STUDY OF JEMBER RELIGIOUS COURT DECISION NUMBER 3066/PDT.G/2024/PA.JR, FROM THE PERSPECTIVE OF ISLAMIC FAMILY LAW Muh Zulfikri; Yusdi Haq
Journal Analytica Islamica Vol 15, No 3 (2026): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v15i3.29725

Abstract

This study was prompted by the emergence of a case regarding permission for polygamy based on the grounds that the wife was unable to fulfill her biological obligations, as outlined in the Decision of the Jember Religious Court No. 3066/Pdt.G/2024/PA.Jr. This issue is important to examine because it relates to the construction of the judge’s reasoning in interpreting biological obligations within the household according to Islamic family law and positive law in Indonesia. This study aims to analyze the judge’s reasoning in granting permission for polygamy and to assess its consistency with the principles of Islamic family law. This study employs a normative legal research method using a case study approach through the analysis of court rulings, legislation, Islamic family law literature, and other relevant legal materials. The results indicate that the judge interprets the inability to fulfill biological obligations as part of the condition where a wife cannot perform her duties as stipulated in the Compilation of Islamic Law. However, this reason is not used as the sole basis but is considered alongside other requirements such as the wife’s consent, economic capacity, and readiness to act fairly. This study concludes that judges’ rulings have sought to integrate the principles of justice, public interest, and positive legal provisions into religious judicial practice, thereby contributing to the development of contemporary Islamic family law scholarship.
WAQF MANAGEMENT FOR EDUCATION IN SMK IT SMART INFORMATIKA (Case Study at Solo Peduli Foundation) Ardi Arman Syahada; Yusdi Haq
JURNAL HAKAM Vol 9, No 1 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i1.11183

Abstract

Waqf is a practice that is recommended by Islamic shari'a because it has many virtues in it. The purpose of waqf is to provide benefits from the property that is channeled for the good of the people. 'The purpose of this research is to find out related to the Management of Waqf for Educational Institutions at Smart Informatika Integrated Islamic Vocational School located in Banyuanyar, Banjarsari, Surakarta. The method used is qualitative with a descriptive approach of analysis. The activity carried out by the researcher is to conduct interviews with the administrators of the social institution concerned in addition to collecting data from various literature, articles, journals, and sites on the internet related to the focus of the research. The data source was obtained from primary data sourced from field studies at the Solo Peduli Foundation. Meanwhile, secondary data is obtained from various sources that contain various matters related to waqf management. Efforts made by the Solo Peduli Foundation in managing waqf in the field of education include: in obtaining waqf assets by making invitations on social media and holding social activity events; In transparency related to the use of waqf assets, namely by providing periodic reports related to the development of waqf management. The impact felt from the existence of a school built from waqf assets is: for waqf recipients: get jariyah rewards; for the community: creating jobs and reducing poverty rates; For students: Obtain a proper education and improve skills to be ready for work.
Co-Authors Ardi Arman Syahada Muh Zulfikri