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All Journal USRATUNA: Jurnal Hukum Keluarga Islam ILJS JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah
Umami, Hafidhul
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PENCATATAN PERKAWINAN DALAM UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN PERSPEKTIF HUKUM ISLAM Umami, Hafidhul; Mudaí, Syaiful
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 4 No. 1 (2020): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

Marriage is a very sacred thing considering that it can legalize the relationship between a man and a woman, but many parties consider marriage to be an ordinary bond as evidenced by rampant prostitution wrapped in abusive marriages or contract marriage. It is important to overcome such things by passing the Marriage Law number 1 of 1974 concerning marriage, one of which is related to marriage registration. Islamic law does not explicitly discuss marriage registration, considering that in early Islam (ancient times) there was not much prostitution engineering in the name of marriage, in modern times there has been a lot of such prostitution to anticipate the emergence of the law on marriage registration. Marriage registration which is a government regulation does not violate the provisions in Islamic law and even supports Islamic law. Because this can bring maslahah and reject madlarat. This is in accordance with the principles of Islamic law, namely paying attention to the benefit of humans.
STUDI PERBANDINGAN MADZHAB TENTANG KHITBAH DAN BATASAN MELIHAT WANITA DALAM KHITBAH Umami, Hafidhul
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 3 No. 1 (2019): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

Preaching is the process of requesting the consent of a woman to be a wife to a man or a request from a man to a woman to be a future wife. The sermon is also a preliminary marriage which is required before there is a bond between husband and wife with the aim that time to enter into marriage is based on willingness obtained from research, knowledge and awareness of each party. But there are also mechanisms or rules that must be implemented in the Sermon. Seeing a woman is permissible in terms of being able to see her face and palms. Even the Hanafi, Maliki and Shafi'i schools argue that looking at the face and hands is sunnah. Because by seeing his face it will be known whether or not it is beautiful, and by seeing the palm of his hand can be known whether his body is fertile or not.
IMPOTENSI SEBAGAI ALASAN FASAKH PRESPEKTIF IMAM AL-NAWAWI DAN IBNU HAZM : (STUDI KOMPARATIF) Mustakim, Ahmad; Umami, Hafidhul; Mujib Ridwan, Abdul
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2023): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

A husband should not neglect his obligations, especially in regards to marital relations. If a husband neglects these obligations, it can have an impact on his wife and can lead to disputes between the two parties, even resulting in the dissolution of the marriage. The dissolution of a marriage can occur for various reasons, one of which is fasakh. The type of research used by the author is library research, using a qualitative approach. The primary sources in this study are the book of Imam al-Nawawi's Majmu' Syrh al-Muhaddab and the book of Ibn Hazm's al-Muhalla, while the secondary sources are obtained from literature related to the research problem. The data collection technique is done through documentation, while the data analysis uses content analysis which will then be compared to the opinions of the two imams. The results of this study are that according to Imam al-Nawawi, if a woman marries an impotent man, the wife is allowed to file for fasakh to the judge and the judge will give a one-year period. If within one year her husband can recover, then the wife remains a valid wife. However, after one year, if the husband does not recover, the wife is given the choice by the judge to either continue the marriage or dissolve it. If the wife is willing to accept her husband's condition, then she remains a valid wife, but if she is not willing to accept it, the judge will dissolve the marriage. Meanwhile, according to Ibn Hazm, in a marital relationship, if a defect is found in either the husband or wife, such as impotence, the marriage cannot be dissolved by fasakh due to the absence of valid evidence or nash, whether from the Qur'an, hadith, ijma', or al-dalil. The only way out if the husband is impotent is by talak pronounced by the husband. The result of the comparison of the opinions of the two imams is that impotence as a reason for fasakh according to Imam al-Nawawi is permissible based on the hadith narrated by Said bin Musayyab and the hadith narrated by Zaid bin Ka'ab. Meanwhile, Ibn Hazm argues that it is not permissible because he rejects the hadith narrated by Said bin Musayyab and the hadith narrated by Zaid bin Ka'ab.
AUTENTIKASI TRANSFORMASI PASAL 852 AYAT (1) KUHPERDATA TERHADAP PEMBAGIAN WARIS SISTEM BILATERAL DI DESA PUHKEREP KECAMATAN REJOSO Umami, Hafidhul
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2023): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

Inheritance law is the rules that regulate a person's assets after the owner dies. In general, inheritance or distribution of inheritance can be carried out using three models, namely using patrilineal, matrilineal and bilateral or parental systems. This research aims to determine the distribution of inheritance in Puhkerep village, Rejoso subdistrict and the reasons behind it, as well as the views of Article 852 of the Civil Code on the distribution of inheritance in Puhkerep village, Rejoso subdistrict. This research is field research where the author went directly to observe, interview and research the inheritance distribution system in Puhkerep village, Rejoso subdistrict and the data was compared with KUHPer article 852 in order to find authentication between KUHPer article 852 and the findings in Puhkerep village, Rejoso subdistrict. From the results of the researchers' findings, many people in Tinampuh village, Rejoso subdistrict, share inheritance between men and women equally (1:1) because the culture in Tinampuh village, Rejoso subdistrict, on average, both men and women work equally for meet daily needs, and for heirs who inherit their parents, one share is added. According to the Civil Code article 852, the division of inheritance in Tinampuh village, Rejoso district, has a point of similarity, namely that men and women are equalized in the distribution of inheritance, however there is a slight difference, namely the addition of one share for heirs who share their parents.
HUKUM TUKAR CINCIN PADA SAAT KHITBAH MENURUT PANDANGAN HUKUM ISLAM Umami, Hafidhul
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2024): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

The engagement process is carried out with various different processions in each region, depending on the customs of the region. Nowadays, the factor of modernization has brought foreign culture into a trend and lifestyle that is followed by the wider community. The proposal which is also commonly called engagement in today's era is carried out with a ring exchange procession which is originally not part of Islamic law. The ring exchange tradition is the procession of attaching rings to the bride and groom during the proposal procession witnessed by each family as a symbol of interest or commitment to move towards something more serious. This ring exchange procession is also considered a complement to the engagement event that is carried out. The ring exchange is generally carried out with each party who is engaged putting the ring on their partner's finger in turn. In this procession, it is not uncommon for men and women to touch each other directly to put on the ring. As for the ring used in the exchange, it is a ring made of gold, while the use of gold rings for men is forbidden or prohibited by Islamic law.
Kedudukan Menteri Triumvirat dalam Mengisi Kekosongan Jabatan Presiden di Indonesia dalam Perspektif Siyasah Syar’iyyah Maryam, Siti; Umami, Hafidhul; Huda, Avivul
Bahasa Indonesia Vol 10 No 1 (2025): Islamic Law: Jurnal Siyasah, Maret 2025
Publisher : Lembaga Penelitian Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v10i1.1449

Abstract

This study analyzes the position of the Triumvirate Ministers in filling the vacancy of the President's office in Indonesia from the perspective of Siyasah Syar'iyyah. The Triumvirate Ministers, consisting of the Minister of Foreign Affairs, the Minister of Home Affairs, and the Minister of Defense, play a crucial role as interim presidential executors when simultaneous vacancies of the President and Vice President occur, as stipulated in Article 8 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. From the perspective of Siyasah Syar'iyyah, this mechanism aligns with the concept of temporary leadership to prevent harm due to power vacuums. Imam Al-Mawardi emphasizes the importance of promptly filling leadership vacancies to maintain stability and the welfare of the ummah. This research employs a normative juridical method with statutory, historical, and comparative approaches. The findings indicate that the position of the Triumvirate Ministers as interim presidential executors has a strong foundation both in Indonesia's positive law and in the concept of Siyasah Syar'iyyah, thereby preventing harm due to power vacuums.
PEMBERIAN HARTA WARIS TERHADAP ANAK DIBAWAH UMUR DALAM PERSPEKTIF HUKUM ISLAM Umami, Hafidhul; Novianta Ahsana
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 2 (2025): Mei 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

The inheritance of minors remains a crucial topic in Islamic inheritance law, reflecting the religion’s commitment to justice and protection of vulnerable heirs. Islamic law, as detailed in the Qur’an and Hadith, not only specifies the shares of each heir but also emphasizes the safeguarding of minors who are legally incapable of managing their inherited assets. These protections include the appointment of a responsible guardian (wali) to manage the estate on behalf of the child until they reach legal maturity or are deemed capable by law. The guardian is entrusted to act with integrity, avoiding misappropriation, and to ensure that the child’s property is preserved and utilized in their best interest. This paper discusses the legal foundations, procedures, and ethical responsibilities surrounding the inheritance rights of minors in Islam. It also highlights the broader implications of this legal framework in ensuring social justice and the preservation of wealth within the family unit.
Co-Authors Huda, Avivul Mudaí, Syaiful Mujib Ridwan, Abdul Mustakim, Ahmad Novianta Ahsana SITI MARYAM