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All Journal Istinbath: Jurnal Hukum dan Ekonomi Islam Syakhshiyyah Jurnal Hukum Keluarga Islam Siyasah : Jurnal Hukum Tata Negara
Fathoni, Muhammad Nur
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Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Konsep Nafkah Menurut Muhammad Syahrur dan Kompilasi Hukum Islam Hidayat, Riyan Erwin; Fathoni, Muhammad Nur
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 2 No 2 (2022): Syakhshiyyah Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v2i2.6139

Abstract

 Livelihood is meeting the needs of food, shelter, and the wife's treatment, and it is clear that a husband is obliged to provide maintenance to his wife. Based on the law, maintenance is a husband's obligation to his wife that must be met in the form of household needs in accordance with the husband's ability. However, at present, there are various disputes regarding what conditions are included in subsistence, especially in terms of types of subsistence. Therefore, this research is a study that discusses the concept of living according to Muhammad Syahrur and the Compilation of Islamic Law. About how the relevance of his thoughts. To know the relevance of Muhammad Syahrur and the Compilation of Islamic Law regarding maintenance. The type of research used is library research, so the research is not a "trial and error" activity (a step of activity carried out to try and try again). Based on the explanation of Law Number 1 of 1974 concerning marriage and KHI, it can be concluded that the husband is obliged to provide maintenance for his wife because maintenance is the second obligation of the husband to his wife after the husband gives the dowry to the wife.
Kawin Hamil Perspektif Mazhab Fikih, Kompilasi Hukum Islam dan Maqāshid Syarī’ah (Sebuah Kajian Komprehensif) Fathoni, Muhammad Nur; Angkasa, Nawa; Tarmizi, Tarmizi
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 3 No 1 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v3i1.6797

Abstract

Marriage based on the provisions of Allah and His Messenger will make a happy household in this world and the hereafter based on sharia. The development of current trends in communication, information and technology can disrupt the noble value of marriage if it is misunderstood and misused. The real negative impact that occurs in society is the increasing number of women who become pregnant outside of marriage due to promiscuity. This study aims to examine the law of pregnant marriages in terms of three legal perspectives; Mazhab Fikih, Compilation of Islamic Law (KHI) and Maqāshid Shariā'h. This research is literature research with a literature approach. This type of research is library research with a document study approach where primary and secondary data are obtained from books, journals, books and references that discuss pregnant marriages. The results of this study found that the Ulama Mazhab Fikih discusses the act of pregnant marriage in Fikih and there is khilafiyyah related to the provisions and conditions for pre-marrying women who are pregnant outside of marriage and after marriage. The Compilation of Islamic Law (KHI) which regulates pregnant marriages in article 53 has fulfilled the five main objectives of sharia (adh-Dharūriyyah al-Khamsah); maintaining religion, soul, intellect, offspring/honor, and property after being reviewed with Maqāshid Sharī'ah.
Menelaah Konsep Menggilir Istri pada Poligami dalam Kitab Fathul Qorib Toidin, Khaerun Umam; Fathoni, Muhammad Nur
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 4 No 1 (2024): Syakhshiyyah: Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v4i1.8155

Abstract

Penelitian ini bertujuan untuk mengetahui hukum poligami dan tujuan menggilir istri pada poligami dalam kitab Fathul Qorib Penelitian ini menggunakan metode studi kepustakaan (library research) dengan mencari sumber-sumber literatur seperti buku, artikel ilmiah dan referensi keilmuan yang relevan dengan penelitian ini. Hasil penelitian ini untuk hukum poligami itu diperbolehkan dengan syarat adil dan mampu dalam hal memberikan nafkah. Konsep menggilir pada poligami dalam kitab Fathul Qorib yakni adil dalam menggilir istri, tidak boleh melanggar giliran, ketika hendak bepergian dan pengantin baru.
THE BEST INTERESTS OF THE CHILD FROM AN ADULT PERSPECTIVE (A Case Study on Child Marriage Dispensation Cases at the Sukadana Religious Court) Fathoni, Muhammad Nur; Oktora, Nency Dela; Wijayati, Mufliha
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.769

Abstract

This study examines how the child's best interests principle is applied in child marriage dispensation cases at the Sukadana Religious Court, emphasizing the contrasting viewpoints of applicants (parents or guardians) and judges. This topic is significant due to the high prevalence of child marriages at the Sukadana Religious Court, which frequently leads to various adverse effects on children's development. This research employs a qualitative approach combining normative and empirical methods, utilizing a case study framework. It includes an analysis of decisions from the Sukadana Religious Court, in-depth interviews with judges, and a review of case applicants. The results reveal that applicants and judges have yet to apply the child's best interests principle fully. Second, the applicants tend to focus on quick solutions to social, moral, or cultural pressures, such as out-of-wedlock pregnancies, premarital sexual relations, or concerns about family shame. Third, judges adopt a normative approach by assessing the child and their partner's physical, psychological, and financial readiness. However, they often prioritize solutions to the urgent situations presented by the applicants. The study concludes that strengthening the implementation of the child's best interests requires stricter regulations in decision-making, offering pre-marriage education and awareness programs on children's rights, and improving judges' competencies. This study recommends collaboration between the courts, educational institutions, and community organizations to strengthen public understanding of the child's best interests as the primary principle in child protection.
Tinjauan Hukum Implementasi Mahar dalam Pernikahan Fathoni, Muhammad Nur; Siti Wahyuni
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 4 No 2 (2024): Syakhsiyah: Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/npnntt30

Abstract

This study aims to investigate investment dowries in marriage by focusing on their definition, legal aspects, and practical implementation, particularly in the context of Article 31 of the Compilation of Islamic Law (KHI). Utilizing methods of legal document analysis and literature review, the study examines the legal norms governing marriage and investment dowries as outlined in Article 31 of the KHI. The results of this study are expected to provide an in-depth understanding of the concept and legal provisions related to investment dowries in marriage, with a focus on the perspective of Article 31 of the KHI. By involving surveys of participants with experience or knowledge of investment dowry practices, the research also explores the practical implementation of such practices in society. This study contributes both conceptually and practically by detailing the legal perspectives contained in Article 31 of the KHI and providing insights into how the implementation of investment dowries can influence marital dynamics and family finances. Thus, this research not only delves into the legal aspects but also offers a practical understanding of how investment dowries are interpreted and implemented in societal life, particularly concerning the regulations within Article 31 of the KHI.
Implementasi Kode Etik Profesi Kepolisian Negara Republik Indonesia Studi Kasus AKBP Achiruddin Hasibuan Fathoni, Muhammad Nur; Salim, Choirul; Hermawaty, Nety
Siyasah Vol. 3 No. 1 (2023): Siyasah Jurnal Hukum Tata Negara
Publisher : IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/siyasah.v3i1.6972

Abstract

This study aims to complement previous research data to analyze and examine the legal process for violating the POLRI code of ethics carried out by Adjunct Police Chief Commissioner (AKBP) Achiruddin Hasibuan as a basis for carrying out his duties, knowing and analyzing accountability if POLRI commits a violation of the code of ethics, and must responsible for violating the code of ethics, the code of ethics is made based on the professional standards of members, the code of ethics in carrying out their duties. In Regulation of the Head of the State Police of the Republic of Indonesia No. 14 of 2011 concerning the Polri Professional Code of Ethics in Article 1 explains the KEPP explanation, as follows: "POLRI Professional Code of Ethics, hereinafter abbreviated as KEPP, is a norm or rule which constitutes a unified ethical or philosophical basis relating to actions or speech related to things that are obligatory, prohibited, proper or inappropriate to be done by members of the Police in carrying out their duties. and job responsibilities”.
Co-Authors Hermawaty, Nety Hidayat, Riyan Erwin Mufliha Wijayati Nawa Angkasa, Nawa oktora, nency dela Salim, Choirul Siti Wahyuni Tarmizi Tarmizi Toidin, Khaerun Umam