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Status Anak Pasca Perceraian Nikah Siri dalam Hukum Positif dan Hukum Islam : Studi Kasus di Desa Burujukulon Kabupaten Majalengka Eka; Rahayu, Hilma
El 'Ailaah Vol 3 No 1 (2024): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v3i1.224

Abstract

A child's status will greatly influence their future, both in terms of income, guardianship, inheritance, and so on. In positive law, children resulting from unregistered marriages, if their parents divorce, cannot claim rights because they do not have legal legal protection. Meanwhile, in Islamic law, children have rights that must be fulfilled in all aspects, even if the child is the result of a registered marriage or the result of an unregistered unregistered marriage. This research aims to determine cases regarding the status of children after divorce in unregistered marriages in Burujulkulon village, Majalengka district, and to find out the comparison/comparison of reviews of Positive Law and Islamic Law regarding this matter. The research method used by researchers is qualitative research by combining two types of data, namely data obtained from field research in the form of observations, interviews and documentation in Burujulkulon village, Majalengka district. The basis/basis of legal sources used by researchers in the comparison process is positive law from the Law, Civil Code, and Government Regulations. Meanwhile, the Islamic law used comes from the Al-Qur'an, hadith, translated books and the opinions of the jurists. The data that researchers obtained was then reduced, presented and concluded using descriptive - comparative analysis techniques. Based on the research conducted, several conclusions were obtained including: (1) The status of the child which includes four things (recognition, education, livelihood and love, and lineage), in terms of livelihood and education in case A, the child from the unregistered marriage was not getting support from the father to the child, but in terms of recognition, the father admits that the child is his son. In contrast to case B, the child resulting from the unregistered marriage received support, education and recognition from his father; (2) in terms of recognition, education, living and affection in cases A and B, both of them fulfill and are sufficient for children's rights, this shows that there is conformity between the legal regulations that have been established, namely positive law and Islamic law; (3) there are differences in cases A and B, namely differences in registering the child's birth certificate, case A only lists the mother's name, and case B lists the names of both parents. This shows that there is a discrepancy between the legal regulations that have been established, namely positive law and Islamic law in terms of the child's lineage or population status.
TINJAUAN MAQASHID SYARI'AH TERHADAP FATWA PENGHARAMAN NIKAH SIRRI OLEH PCNU CIREBON Eka; Sofiyah, Siti
El 'Ailaah Vol 3 No 2 (2024): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v3i2.251

Abstract

The prohibition of unregistered marriage is the formulation of Bahtsul Masail Fatwa of the PCNU Cirebon District. According to the Bahtsul Masail Nahdlatul Ulama Institute (LBMNU), unregistered marriages are marriages that occur without any notification and registration at the Religious Affairs Office (KUA) and it occurs because there is a problem. This research aims to find out the contents of the fatwa formulating the prohibition of unregistered marriages and to find out the Maqosid Sharia review of the fatwa prohibiting unregistered marriages in the Bahtsul Masail of PCNU Cirebon Regency. This research uses qualitative research methods, with the type of field research. There are two types of data sources in this research, namely primary data and secondary data as supporting data. Then, this research uses two types of data collection techniques, namely semi-structured interviews and documentation. The results of this research, based on the results of the Bahtsul Masail of PCNU Cirebon Regency, state that unregistered marriages are prohibited based on the reasons of the parents/guardians who disapprove the marriage, economics, not being old enough, pregnancy out of wedlock, unclear status of divorce, difficulty in polygamy regulations and contract marriage. Then, the fatwa on the prohibition of unregistered marriages based on a review of Maqosid Sharia is that the marriage that is not in accordance with the principles of Maqosid Sharia Hifzh al-Din (protecting religion), namely the issue of the marriage guardian's disagreement. Then, there are economic issues and not being old enough, if someone continues to carry out the marriage according to the rules then it is valid, and this is in accordance with the Maqosid Sharia principles of Hifzh al-Din (protecting religion), Hifzhal-Nasl (protecting offspring) and Hifzh al-Nafs (protecting soul/honor). Then the issue of pregnancy out of wedlock, if the marriage is by the aim of getting protection from the state, then it is in accordance with Hifzh al-Din (protecting religion), hifzh al-Nafs (protecting soul/honor), and hifzh al-Nasl (protecting offspring). Then, the issue of the difficulty of polygamy regulations is in accordance with the Maqosid Sharia principles of Hifzh al-Nasl (protecting offspring) for children, Hifzh al-Mal (protecting assets) for living and Hifzh al-Nafs (protecting the soul/honor) for one's wife. And the last one is a contract marriage. Contract marriage is not permitted because it is not in accordance with the Maqosid Sharia principles of Hifzh al-Din (protecting religion), Hifzh al-Nasl (protecting offspring), and Hifzh al-Nafs (protecting soul/honor).
Analisis Praksis Pengangkatan Wali Hakim dalam Fikih Munakahat Madzhab Syafi’i dan Hukum Positif Eka; Amrullah, Muhammad Ikhsan
El 'Ailaah Vol 4 No 2 (2025): Settings Vol. 4 No. 2 (2025): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v4i02.306

Abstract

Marriage n the view of slam and the state s a sacred bond that s the foundation of the formation of the family and society. One of the mportant elements n the marriage contract s the existence of a marriage guardian, whose validity s a condition for the validity of marriage according to the majority of scholars and the state. However, n practice, t s not uncommon for cases where the guardian of the nasab s unknown, reluctant to marry without sharia reasons, or s unable to carry out his function, so the role of the guardian judge as a replacement s needed. This study aims to examine and compare the provisions for the appointment of guardian judges according to the fiqh munakahat madzhab Shafi'i and positive law. Using qualitative methods and literature review research types, this study examines the legal basics, procedures, and principles used n each legal system. The results of the study show that the two have similarities n terms of the urgency of guardian judges to maintain the validity of marriage and protect women's rights. However, there s a fundamental difference n the mechanism of mplementation: Shafi'i jurisprudence tends to be normative, and flexible, while positive law emphasizes formal procedures through state nstitutions. This study concludes that these different approaches need to be harmonized n practice so as not to cause legal doubts and to ensure protection for all parties n the mplementation of the marriage contract.
Improving Work Welfare Through Workload Analysis of Wreda Officers PPOS GBKP Sukamakmur Deliserdang Eka; MR Tuapattinaja, Josetta; Fauzia, Rahma; Lestari Sitepu, Yuni
ABDIMAS TALENTA: Jurnal Pengabdian Kepada Masyarakat Vol. 8 No. 1 (2023): ABDIMAS TALENTA: Jurnal Pengabdian Kepada Masyarakat
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/abdimastalenta.v8i1.10365

Abstract

Caregivers are people who assist others in need. Caregivers at the Prosperous Parents Service Foundation (YAPOS) consist of caregivers, cooks, and general workers who double as cleaning workers. All caregivers interact directly with YAPOS residents, namely the elderly, who are cared for by their families. The workload and the division of shifts, which only consist of two changes, certainly burden the caregivers. Excessive workload on weaving can cause high work stress. The workload must be measured immediately to provide input for YAPOS leaders to provide interventions on increasing or decreasing the number of caregivers to achieve a practical and ideal workload. This workload measurement can be carried out objectively so that it becomes the basis for assigning tasks and responsibilities in the future. The measure will also result in valuable work time and the amount of workload felt by the caregivers.
Pemberian Hak Asuh Anak kepada Ayah Pasca Perceraian dalam Putusan Pengadilan Agama Kuningan No. 2037/Pdt.G/2028/Pa Kng. : (Analisis Hukum Islam dan Hukum Positif) Eka; Diah Sugiarti, Lilis
AL-MASHALIH (Journal of Islamic Law) Vol. 5 No. 01 (2024): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v5i01.239

Abstract

Child custody is a very important issue after divorce and receives special attention in the law. In the decision of case no. 2037/Pdt.G/2018/PA.Kng, the Panel of Judges decided to give custody of a five year old child to his father, which was different from what was supposed to be. This attracted the attention of researchers because it contradicts the provisions contained in Article 105 of the Compilation of Islamic Law (KHI) and Law No. 1 of 1974 concerning Marriage Article 41. These articles emphasize that children who have not reached the age of twelve (not yet mumayyiz/point of age where children attain the ability to differentiate between good and evil, right and wrong) should have been given custody to his mother. This research aims to find out the basic considerations of the Panel of Judges as well as the views of Islamic Law and Positive Law regarding granting child custody to fathers after divorce. Qualitative methods were used in this research, using library research and documentation data collection techniques. The research results show the following: 1). The judge's basis for deciding this case used Article 41 of Law no. 1 of 1974 concerning marriage, Article 26 paragraphs (1 and 2) letters (a and b) of Law no. 23 of 2002 concerning Child Protection, as well as Article 156 letters (c) and (d) Compilation of Islamic Law, as well as the Kifayah Al Akhyar Book Juz II page 152. 2). The view of Islamic law regarding the consideration of the panel of judges in deciding the case of granting child custody to the father after divorce, when viewed from the perspective of munakahat jurisprudence, is not in accordance with Islamic law. However, from the maqashid sharia perspective, the Panel of Judges has considerations of muhafazah al-nasl/al-nasb or preserving offspring. The Positive Law view is in accordance with positive law. Even though in making a decision on this case, the Panel of Judges did not consider the order of people entitled to receive child custody as regulated in Article 156 letter (a) of the Compilation of Islamic Law, yet the Panel of Judges used its authority based on Article 41 of Law no. 1 of 1974 concerning marriage
Pemberian Hak Asuh Anak Belum Mumayiz Kepada Ayah Pasca Perceraian dalam Perspektif Hukum Islam Zakiyyah, Nisrina Maitsa; Eka; Hendra Karunia Agustine
El 'Ailaah Vol 5 No 1 (2026): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v5i1.364

Abstract

Custody of a child who has not yet reached the age of discernment (mumayyiz) after divorce is not always granted to the mother if the judge of the Religious Court has a different opinion. In some cases, the father can obtain custody even though the mother is still present. Such is the case in the Religious Court of Sumber Decree Number 2083/Pdt.G/2023/PA.Sbr, where the panel of judges granted custody of the first child, aged 11, to the father, despite no specific reasons being found during the trial to indicate that the mother was unfit to hold custody. The purpose of this research is to find out why custody of a non-mumayyiz child after divorce was granted to the father in the Religious Court of Sumber Decree Number 2083/Pdt.G/2023/PA.Sbr, as well as to analyze it from the perspective of Islamic law. This study uses a qualitative method with a descriptive approach and a case study design. The analysis was conducted by reducing data, presenting data, and drawing conclusions. The results of the study show that the granting of custody of a non-mumayyiz child to the father after divorce in the Religious Court of Sumber Decree Number 2083/Pdt.G/2023/PA.Sbr was due to the child’s closer emotional bond with the father, as the child had been cared for by the father for some time. In Islamic law, as long as the mother is still alive and fit to care for the child, she is more entitled to custody. However, in this case, the judge considered the specific circumstances, so granting custody to the father was deemed in line with the primary goal of hadlanah, which is to uphold the child’s best interests and welfare.
KAJIAN KOMPARATIF ONTOLOGI VAISESIKA DARSANA DAN KITAB PANATURAN HINDU KAHARINGAN Arya Maulana Pratama; Eka; Pela Marselina
Sanjiwani: Jurnal Filsafat Vol 17 No 1 (2026)
Publisher : Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Vaisesika Darsana of Hindu philosophy is one of the Sad Darsanas. It imparts knowledge about the nature of reality, the elements that make up the world, and the law and order in the cosmos. The Holy Panaturan Scriptures of Hindu Kaharingan have teachings about the creation of the universe, the relationship between humans and God, ethical values, and life equality. Both view the order of the universe similarly and believe that God is the primary cause of all things. The purpose of this study is to examine the relationship between Vaisesika Darsana and cosmology and ethical teachings in Panaturan and its relevance for reconstructing the spiritual values ​​of the Hindu Kaharingan community. The method used is a literature study method with a descriptive qualitative approach through analysis of the Vaisesika Darsana text, the Panaturan Book, and other sources, then compared conceptually and thematically. The research showed the relevant concepts of Padartha in Vaisesika Darsana and cosmological doctrine of regulation of the creation, which categorically asserts God (Isvar/Ranying Hatalla Langit) as creator-regulator of nature, as well as equalized a polemic for creating balance among man, nature, and God. The conclusion of this study is, Vaisesika Darsana philosophy has correlation concept with Panaturan teaching in cosmology and ethics aspects that reflect the continuity of classical Hindu values ​​to the Panaturan Hindu Kaharingan teaching in basic life religious harmonious ethics.
ANALYSIS OF THE ROLE OF SANOLO VILLAGE GOVERNMENT IN FAMILY ECONOMIC WELFARE FROM A SHARIA ECONOMIC PERSPECTIVE (CASE STUDY OF SALT FARMERS IN SANOLO VILLAGE, BIMA REGENCY) Eka; H.ihwan P. Syamsudin; Husniah, Dinah
JURNAL ECONOMINA Vol. 5 No. 4 (2026): JURNAL ECONOMINA, April 2026
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/economina.v5i4.1961

Abstract

This study aims to analyze the role of the Sanolo Village Government in improving the economic welfare of salt farming families in Sanolo Village, Bima Regency, from a sharia economic perspective. This research used a qualitative method with a case study approach. Data were collected through observation, interviews, and documentation studies relevant to the socio-economic conditions of the salt farming community and village government policies. The results indicate that the Sanolo Village Government plays a significant role in supporting the improvement of family economic welfare through various empowerment programs, assistance with production facilities, and strengthening community economic institutions. From a sharia economic perspective, these efforts align with the principles of justice, welfare, and social responsibility, although several obstacles remain in their implementation, such as limited access to capital and fluctuations in salt prices. In conclusion, the village government plays a significant role in improving the economic welfare of salt farmers. However, strengthening sharia-based economic strategies is needed to create a more just, sustainable, and equitable welfare for the community.
THE BENEFITS OF TRADITIONAL GAMES ON EARLY CHILDHOOD GROSS MOTOR DEVELOPMENT IN THE DIGITAL ERA eka
Awladuna: Jurnal Pendidikan Islam Anak Usia Dini Vol. 3 No. 02 (2025): Awladuna: Jurnal Pendidikan Islam Anak Usia Dini
Publisher : Universitas Darunnajah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/awladuna.v3i02.807

Abstract

Penelitian ini bertujuan untuk mengoptimalkan perkembangan motorik kasar anak usia dini melalui penerapan permainan tradisional berbasis outdoor learning di era digital. Pendekatan yang digunakan adalah kualitatif dengan jenis studi kasus yang dilakukan di Kelompok Bermain Tunas Harapan. Subjek penelitian terdiri atas anak usia 4–6 tahun, guru, dan orang tua yang dipilih secara purposive. Data dikumpulkan melalui observasi, wawancara mendalam, dokumentasi, dan catatan lapangan, kemudian dianalisis secara tematik menggunakan model Miles dan Huberman. Hasil penelitian menunjukkan bahwa permainan tradisional seperti engklek, lompat tali, dan bakiak mampu meningkatkan keseimbangan, koordinasi gerak, kekuatan otot besar, serta rasa percaya diri anak. Kegiatan outdoor juga mengurangi ketergantungan anak terhadap gawai serta meningkatkan interaksi sosial. Guru dan orang tua merespons positif pendekatan ini karena relevan dengan kebutuhan perkembangan anak. Penelitian ini menyimpulkan bahwa permainan tradisional berbasis outdoor learning efektif sebagai strategi pembelajaran motorik kasar yang kontekstual, menyenangkan, dan berakar pada nilai budaya lokal
Co-Authors Abdul Mannan, Siti Sofiyah Adi Aspian Nur Aditia Adzinat Robbi Malik Aguswan Aguswan Al Amrie, Machmud Amrullah, Muhammad Ikhsan Arya Maulana Pratama Budiman Cecep Kusmana Dela Diah Sugiarti, Lilis Dinah Husniah Divina Dea Rudita Elly Nielwaty, Elly Erinaldi Fara Merian Sari Gabrielle H.ihwan P. Syamsudin Hasriani Hendra Karunia Agustine Hernimawati Hernimawati Iin Wijayanti Ika Kurniati, Neng Kartika Lestari Sitepu, Yuni Miftakhul Rohman Mirad, Abdul Misran Moch Bayu Fadilah Moch Ma'ruf Iskandar MR Tuapattinaja, Josetta MUSTAMIN IDRIS Nur Nurhaeda nurpeni Pela Marselina Prihati Rahayu, Hilma Rahma Fauzia Rahmi Rezky Ringgo Dwika Riza Ryan Sulaiman Zuhdi Surya Dailiati Trio Saputra Trio Saputra Vinanti Dwi Purnama Wasiah Sufi Widia Astuti Yovi Zakiyyah, Nisrina Maitsa