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All Journal Jurnal Ilmiah Ahwal Syakhshiyyah (JAS) Jurna Ilmiah Hukum Keluarga Islam SEAGRI Vicratina : Jurnal Ilmiah Keagamaan
Ahmad Subekti
Universitas Islam Malang
Religion Agriculture, Biological Sciences & Forestry Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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IMPLEMENTASI TES URIEN BAGI CALON PENGANTIN MENURUTi MASLAHAH MURSALAH (Studii dii Kantori Urusani Agamai Kecamatan Prajuriti Kuloni Kotai Mojokerto)i Alfira Deviana; Ahmad Subekti; Dwi Ari Kurniawati
Jurnal Hikmatina Vol 3, No 3 (2021): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Drugi usersi ini Easti Javai continuei toi increase,i iti willi bei interestingi toi examinei alsoi relatedi toi marriagesi whichi arei increasingi ati thei samei time,i soi ai urinei testi policyi appearsi fori prospectivei brides.i Thei observationi methodi usedi isi qualitative,i thisi isi parti ofi ai fieldi researchi strategyi ori casei studyi locatedi ini Easti Java.i KUAi Prajuriti Kulon.i Thei datai isi obtainedi fromi usingi interviews,i thei documentationi ofi thei resultsi ofi thisi observationi isi thati thisi policy.i hasi ai goodi impacti oni people'si livesi accordingi toi maslahahi mursalahi whoi answeri communityi problems.i Thei policyi oni urinei testingi fori prospectivei bridesi asi ani additionali requirementi ini marriage,i includingi thei Kuloni Prajuriti KUAi isi mandatoryi asi ani administrativei requirement.i Thei urinei testi itselfi isi carriedi outi ati thei Mojokertoi Cityi BNNi whichi happensi toi bei noti fari fromi thei Kuloni Prajuriti KUA.i Thei urinei testi itselfi isi carriedi outi toi findi outi thei user'si prospectivei bridei ori not.i Thei goali isi toi protecti thei nexti generationi throughi thei maini gate,i namelyi marriagei
PERTIMBANGAN HAKIM TENTANG CERAI GUGAT SEORANG ISTRI DALAM KEADAAN HAMIL(STUDI KASUS PENGADILAN AGAMA KABUPATEN MALANG) Mukhanad Khabib Mustofa; Ahmad Subekti; Dwi Ari Kurniawati
Jurnal Hikmatina Vol 3, No 3 (2021): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

In the case of divorce, a wife who is pregnant is in a religious court case. And this problem often feels strange in society. This case will be examined by researchers at the Religious Court of Malang Regency. This type of research uses qualitative. The researcher also uses judge interviews to add validity to this case. Thus, this study results that a wife's divorce in a pregnant state is allowed. The results of the judge's interview are khulu'. There is also a verse from the Qur'an in verse At-Talak verse 4 which means: "And women who are pregnant, their iddah is until they give birth to their womb". It is clear that if there is a period of iddah then divorce during pregnancy occurs and is allowed.
PENETAPAN ISBAT NIKAH CONTENTIOUS YANG SALAH SATU PIHAKNYA MENINGGAL DUNIA (STUDI KASUS DI PENGADILAN AGAMA KABUPATEN MALANG PUTUSAN HAKIM NOMOR 5457/Pdt.G/2021/PA.Kab.Mlg) Khairunnisa Khairunnisa; Ahmad Subekti; Shofiatul Jannah
Jurnal Hikmatina Vol 4, No 2 (2022): Jurnal Ilmiah Hukum Keluarga Islam (Ahwal al-Syakhshiyyah )
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Marriage isbat is a marriage that is held again because its validity is doubtful, the goal is to obtain a marriage certificate. In general, it is not explained in detail how to apply for a contentious marriage isbat application to a deceased spouse, in practice there are similar cases that were granted by the Malang Regency Religious Court Judges, such as case number 5457/Pdt.G/2021/PA.Kab.Mlg. This study focuses on the basis of the judge's consideration in granting the case and how the views of Islamic law are. The research used is descriptive qualitative using a case study strategy, which intends to understand the phenomena experienced by the research subjects by describing them in words and language. The results showed that in granting the case, the panel of judges was guided by KHI article 7 paragraphs 2 and 3, besides that the panel of judges received testimony from witnesses de auditu. Meanwhile, the marriage isbat in Islamic law is not explained in detail, but is confirmed with Surah Al-Baqarah verse 282 which explains that every muamalah must be recorded, so that couples who are married but do not have a marriage certificate can apply for a marriage isbat.Kata kunci: Contentious Marriage Isbat, Witness De Auditu, Judge's Decision
IMPLEMENTASI PELAYANAN PERNIKAHAN DI MASA PPKM DARURAT PERSPEKTIF MASLAHAH MURSALAH (STUDI DI KUA KECAMATAN JUNREJO KOTA BATU) Achmad Syarifuddin; Ahmad Subekti; Humaidi Humaidi
Jurnal Hikmatina Vol 4, No 2 (2022): Jurnal Ilmiah Hukum Keluarga Islam (Ahwal al-Syakhshiyyah )
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

The Implementation period of Community Activity Restrictions (PPKM) has a major impact on all community activities in Indonesia. Likewise with community service activities organized by government agencies. The Office of Religious Affairs (KUA) as the spearhead of community service is required to provide optimal services in the midst of the Covid-19 outbreak in accordance with the instructions of the Director General of Islamic Community Guidance Number P-001/ DJ. III/Hk.007/07/2021. In this study, researchers conducted research at KUA Junrejo Subdistrict of Batu City using qualitative research methods of case study type. Data collection techniques use interviews, documentation, and observation. The results of this observation for people's lives according to maslahah mursalah who answer the problems of society. Antigen swab test policy for both brides-to-be, marriage guardians and 2 (two) witnesses as an additional condition in marriage in the Emergency PPKM Period. The antigen swab test is useful to reduce the number of Covid-19 spread in Indonesia. Keyword: PPKM Period, Marriage 
Dispensasi Kawin Akibat Hamil Pra-nikah Menurut Perspektif Imam Syafi’i dan Imam Hanafi (Studi Putusan Pengadilan Agama Kabupaten Malang Nomor 0486/Pdt.P/2021/PA.Kab.Mlg) Pitria Nur Rinawati; Ibn Jazari; Ahmad Subekti
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

      The phenomenon of getting pregnant out of wedlock is one of the factors in submitting an application for a marriage dispensation at the Religious Courts. Marriage dispensation is an allowance given to prospective husband and wife who have not reached the minimum age limit regulated in the marriage law. From the context of the research above, the researcher makes the conception of Islamic law regarding marriage dispensation, considerations of religious court judges in deciding cases of marriage dispensation number 0486/Pdt.P/2021/PA.Kab.Mlg and analyzes judge’s decison number 0486/Pdt.P/2021/PA.Kab.Mlg based on the perspective of Imam Syafi’i and Imam Hanafi as the focus of research that will be studied in this study. As in this research process, the researcher uses research methods, in which the research method used is a qualitative approach method and the type of legal juridical normative research. In collecting data, researchers used the interview method, namely using structured interview and researchers also used the documentation method to find data. The dokumentation used is in the form of decisions to be reviewed, books, journals. The results of this study are that Islam does not regulate the age limit for marriage. Then Imam Syafi’i and Imam Hanafi also allow at what age a person can get married, but he recommends marriage should ideally be done when someone has reached puberty. In the decision reviewed by the researcher, the judge in deciding the case number 0486/Pdt.P/2021/PA.Kab.Mlg used the legal basic for the KHI Article 53.
ANALISIS YURIDIS TERHADAP PERTIMBANGAN HAKIM DALAM MEMBERIKAN DISPENSASI NIKAH DIBAWAH UMUR DI PENGADILAN AGAMA KABUPATEN MALANG KELAS 1A Ahmad Fauzan Mubarok; Ahmad Subekti; Shofiatul Jannah
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Marriage in Indonesia is regulated in Law No. 16 of 2019 concerning the age limit for prospective grooms and brides to be at least 19 years old. This requires that people who will perform marriages be aged by applying for a marriage dispensation in the Religious Court. In this case the judge of the Religious Court may grant or even refuse such dispensation as per the judge's consideration. In consideration the judge must lead to the benefit of reducing the hypocrisy that will occur in the future
TINJAUAN HUKUM ACARA PERDATA TERHADAP PENGAMBILAN KETERANGAN SAKSI DI PENGADILAN AGAMA ( STUDI KASUS DI PA KABUPATEN MALANG ) Usamah Salim Bob Said; Ahmad Subekti; Syamsu Madyan
Jurnal Hikmatina Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

AbstractThis writing is motivated after reviewing the divorce case trial process in the religious court. when the judge calls two witnesses as evidence in the case of divorce simultaneously, but there are some judges who do not approve the matter of calling two witnesses together. So from the findings the authors found there were differences between the positive law in force regarding the procedure for hearing or taking witness statements in religious courts, especially in Malang district religious courts.The method  in this research is field research. This study aims to study intensively about the background and is carried out by going directly to the field to explore the data needed. The results of this study explain the ability to collect witnesses' information simultaneously. In general, the Panel of Judges is bound by legal evidence that is regulated in the Act. The evidence in accordance with the provisions of the Indonesian Civil Procedure Code. Among others: (1) evidence of letters (2) evidence of witnesses (3) evidence of alleged or prejudice (4) evidence of oaths. The law in theory is generally different in practice. The law is no longer as understood, which is more in accordance with its scope.Keywords: witness, religious court. 
PANDANGAN HAKIM TERHADAP DISPENSASI PERNIKAHAN ANAK DI BAWAH UMUR (Studi Kasus di Pengadilan Agama Kota Malang) Anita Anita; Ahmad Subekti; Dwi Ari Kurniawati
Jurnal Hikmatina Vol 2, No 1 (2020): Jurnal Ahwal Syakhsyiyyah
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Marriage is an important event in human life because marriage is not only related to the two candidates' personal husband, but also involves family and community affairs, for those who are married must meet certain conditions, one of them is age. If one prospective bride does not meet the specified age requirements, she must file a marriage dispensation at the local Religious Court. Therefore, the researcher conducts research on "the judge's view of the marriage dispensation of minors" in which the researcher examines the case regarding the dispensation of underage marriage at Malang City Religious Court. This description aims to find out about the grounds and considerations of judges in resolving the dispensation of underage marriages, about the factors that cause the dispensation of underage marriages and also the judge's views regarding the underage marriage dispensation of minors. The method used in this case study is a qualitative approach. This type of research is field research where researchers go directly to the location. Data collection tools used by researchers in the form of interviews and documentation and data analyzed with data in the form of data reduction, data presentation and verification. Keywords: The Judge’ s Views, Marriage Dispensation, Underage Marriage.
MASA IDDAH WANITA KARIR YANG DI TINGGAL MATI SUAMI ENURUT IMAM SYAFI’I DAN KOMPILASI HUKUM ISLAM Rifki Zaenul Fawwas; ibnu Jazari; Ahmad Subekti
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Women as citizens and human resources have the same rights and obligations as well as opportunities with men to play a role in development in all fields. The role of women as equal partners to men is realized through increasing the independence of their active role in development, including efforts to create a family of faith and piety, healthy, as well as for the development of children, youth and youth. In this study, the authors use library research, namely research conducted by reviewing or reviewing library sources. The type of research from this study is a text study, namely examining texts in the form of scientific works with the title Kitabul Fathul Qarib Fathul Mu'in Safinatun Najah and various other sources of study, either in the form of classic books by scholars. The results of the research of the Imam Syafi'i madzab agreed that the iddah obligation had been divorced by her husband or because of the husband's death. The period of iddah that is left for her husband to die is to wait for 4 months and 10 days if she is not pregnant, and a career woman who is a follower of Imam Syafi'i which basically is not allowed to leave the house, but if there is an excuse, she can leave the house
PENGABULAN PERMOHONAN IZIN POLIGAMI DITINJAU DARI PRESPEKTIF HUKUM ISLAM (STUDI KASUS NOMOR PERKARA 466/Pdt.G/2020 DI PENGADILAN AGAMA KABUPATEN MALANG) Fatimatus Zahroh; Ahmad Subekti; Abdul Wafi
Jurnal Hikmatina Vol 4, No 2 (2022): Jurnal Ilmiah Hukum Keluarga Islam (Ahwal al-Syakhshiyyah )
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Polygamy is a marriage system in which one party has or marries several members of the opposite sex at the same time. Termologically, polygamy can be understood as a condition where a husband has more than one wife. A polygamous husband can have two, three, four wives at the same time. Basically the permissibility of polygamy is absolute and fair, it is an obligation for husbands to their wives and children because of religious demands. Second, the approval of the wife is the most important thing in the case of a polygamy application which will later be considered by the judge in granting or refusing a polygamous permit for a polygamist. Third, the most important requirement in considering polygamy is financial ability. When a husband decides to remarry, the first thing that should come to his mind is the issue of the responsibility for living and living for two families at once. Livelihood, of course, does not stop just being able to feed and drink for his wife and children, but more than that how he planned the living expenses budget down to the issue of proper education, housing and all other necessities. Making the decision of the Malang Regency Religious Court Number 466/Pdt.G/2020/PA.Kab.Mlg as the main analysis material. Kata kunci:Acceptance, Polygamy, Islamic Law.
Co-Authors A. Arinal Haq Abdul Wafi Achmad Syarifuddin Ahmad Fauzan Mubarok Alfiah Ekariani Alfira Deviana Anita Anita Anwar Sadullah Anwar Sa’dullah Asrul Rohan As’at Nursalim Ma’as Hamzah Atika Zuhrotus Sufiyana Atisatul Mukaromah Azhar Haq Bahroin Budiya Binti Uswatul Chasanah Chalimatus Sa'dijah Dewi Khotmawati Dina Khalidah Duvaliani Nadya Karenina Dwi Ari Kurniawati Dzulfikar Rodafi Faridatus Sa’adah Fathurrahman Alfa Fatimatus Zahroh Haijan Haijan Humaidi Humaidi Humaidi Humaidi Ibnu Jazari Imam Syafi’i Indhra Musthofa Jazari Karamunir Karamunir Khairunnisa Khairunnisa Khoisiria Ainulzana Khullatus Sofiyah Kukuh Santosa Maulidiyah Wati Misbakhul Munir Mitahul Ayu Fasarotin mizatul khaula Moh Murtadho Moh. Muslim Mohamad Fahri Kolanus Mohamad Satria Negara Muhammad Alfan Salim Muhammad Dwiki Ilhamsyah Muhammad Fahmi Hidayatullah Muhammad Hanief Muhammad Hanif Muhammad Irfan Aribah Mukhanad Khabib Mustofa Nabilah Lukman Manu Nadea Octamia Putri Nun Maulana Khaidir Al Muzli Nurhasan Nurhasan Nurul Hamidah Apriyanti Pitria Nur Rinawati Putri Nailatul Iqna’ah Rahmat Nuryadin Sudirman Rani May Saputri Saputri Rifki Zaenul Fawwas Rosichin Mansur Rossa Meilynda Shofiatul Jannah Silvi Chumairotun Nadiyah Silvynia Efrida Siti Badriyah Sri Hindarti Sulsi Suparwadin Anwar Susianti Ago Syamsu Madyan Ulil Fauziyah Umu Latifah Usamah Salim Bob Said Yudha Dwi Anggono Yusril Mandar Zainul Arifin