Article Per Year (5 Year)
p-Index From 2021 - 2026
3.425
P-Index
This Author published in this journals
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

Published : 53 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 53 Documents
Search

 1   2   3   4   5 
TINJAUAN YURIDIS PERTIMBANGAN MAJELIS HAKIM DALAM MENETAPKAN DISPENSASI PERKAWINAN DI BAWAH UMUR (Studi Penetapan Nomor 1837/Pdt.P/2021/PA. Kab. Mlg) Silvi Chumairotun Nadiyah; 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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (791.022 KB)

Abstract

Underage marriage is a legal act carried out by man and/or women who are not yet 19 years old in a marriage bond. Where to be able to carry out the marriage, you must first obtain a permit in the form of a marriage dispensation from the Religious Court. This study uses a qualitative approach and normative juridical research. while the data collection techniques used are observation, interviews, and documentation. This study describes underage marriage according to Islamic law, the considerations of the panel of judges and underage marriage in the perspective of Law Number 16 of 2019 and KHI. This study reveals that Islamic law does not specifically regulate the age limit for marriage, it can be seen in the absence of arguments that regulate it. Then the phenomenon of underage marriage that occurs in the community, the panel of judges as the holder of authority for the case does not easily grant the application for a marriage dispensation, for that the judge will take into account all aspects. So that the provision of marriage dispensation is in accordance with the provisions of Article 7 paragraphs (1) and (2) of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Resistance and Article 15 paragraph (2) of Presidential Instruction Number 1 of 1974. 1991 Concerning the Compilation of Islamic Law. Keywords: Juridical Review, Panel of Judges, Marriage Dispensation, Underage Marriage
IMPLEMENTASI HAKIM DALAM PENETAPAN HARTA GONO GINI AKIBAT ISBAT POLIGAMI DI PENGADILAN AGAMA KOTA MALANG Mohamad Satria Negara; Ahmad Subekti; Moh Murtadho
Jurnal Hikmatina Vol 1, No 2 (2019): JURNAL HIKMATINA
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (505.883 KB)

Abstract

Polygamy is a marriage in which one party has more than one partner, or a husband who is married to more than one wife. Isbat polygamy is ratification or approval of marriage with a second, third, and later wife. Community property are all assets produced jointly by husband and wife since the marriage contract is held. The author uses qualitative methods that are examined in depth. To check the validity of the data, researchers used triangulation sources. In the decision of Malang City Religious Court Judges, the case is Number 1082 / Pdt.G / 2018 / PA.MLG. That the determination and distribution of community property can be decided if the applicant and the respondent have completed the requirements of the Court, and the Court has absolute conditions, namely filling in the information of the assets with the applicant and the respondent. Guidelines from the judges of the Malang City Religious Courts, namely the manual for the implementation of the duties and administration of religious courts The judge determines the determination and distribution of community property in polygamy permits by referring to the law, and the religious justice guidebook. More tightening the conditions for polygamy permits, so that there is a sense of respect for a woman, so that there is justice in the household.Key Word : Polygamy, Community Property, Isbat Polygamy.
FENOMENA NIKAH SIRRI DITENGAH MASYARAKAT: STUDI KASUS DI DESA SEKOTONG TENGAH KECAMATAN SEKOTONG LOMBOK BARAT Sulsi Suparwadin Anwar; Ahmad Subekti; Humaidi Adi Kahari
Jurnal Hikmatina Vol 3, No 3 (2021): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (977.293 KB)

Abstract

Sirri marriage is a legally valid marriage because it fulfills the pillars and conditions of marriage. However, because there is no written evidence in the form of a marriage certificate, it is still illegal under state law. The implementation of sirri marriages will have an impact in the future in their marital affairs in the form of child custody, property rights in the event of divorce in the future. Covering the area that the author will examine, the middle Sekotong village, Sekotong sub-district, West Lombok, there are still many marriages that are carried out in a sirri. The actions taken by the people of the village of Sekotong Tengah, Sekotong sub-district, West Lombok, must be based on the factors that cause them to carry out sirri marriages. The results of the study show that: (1) The implementation of sirri marriage is carried out according to the customs that apply in sekotong Tengah. Some of the Facts and Reasons for Sirri Marriage in Indonesian people's lives, are reality, the reasons ranging from the high cost of registering marriages to personal reasons that must be kept secret. The wedding will be held as usual, inviting many people from relatives to neighbors. The event is carried out the same as a wedding in general, except that it is not registered with the KUA. (2) The factors that cause unregistered marriages, there are many reasons why the marriage was carried out, namely: Because it was an application. To save costs and avoid administrative procedures that are considered cumbersome. Because the future wife is already pregnant out of wedlock. One of the bride and groom is not old enough to get married through KUA. (3) the impact of sirri marriage is: for the wife, it is not legal in the eyes of the law, automatically will not be able to get an inheritance from her husband and cannot also sue her husband because he is not given a living. For his son, his father's name could not be written on the birth certificate, and others would doubt if he had a real father. As for her husband, he will feel free in the eyes of the law, because there are no dependents on his wife and children.
ZONA MERAH PERNIKAHAN DINI DI MUSIM PANDEMI (Sebuah Studi Kasus di Malang Raya) Ahmad Subekti; Ulil Fauziyah
Jurnal Hikmatina Vol 3, No 3 (2021): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (831.17 KB)

Abstract

Penanganan dari maraknya pernikahan dini di Malang Raya pada masa pandemi yaitu dengan cegah cerai dini dengan cara membekali kursus pranikah kepada calon pasangan suami istri, khususnya pembekalan mental agar pernikahan tidak mudah pecah walapun diterpa masalah. Berdasarkan uraian-uraian masalah di atas maka penelitian ini berfokus pada pernikahan dini yang sedang marak terjadi di Malang Raya khususnya pada masa pandemi covid-19. penelitian ini didasarkan pada jenis penelitian lapangan (Field Reseach) yaitu penelitian tentang pernikahan dini yang mengalami peningkatan baik di Kota Malang atau Kabupaten Malang saat masa pandemi covid-19. Dengan menggunakan metode kualitatif yang dilaksanakan secara deskriptif analitis dengan menganalisis data-data Informan terdiri dari praktisi Pengadilan Agama Kota Malang, pengadilan Agama Kab. Malang serta keluarga pelaku pernikahan dini. Hasil penelitian Dalam menentukan sesorang diperbolehkannya melakukan perkawinan, ahli fiqih berbeda pendapat dalam hal syarat baligh. Menurut Imam Maliki dan Syafi’i mensyaratkan adanya aqil baligh bagi laki- laki dan perempuan dalam melaksanakan perkawinan, sedangkan menurut menurut Imam Hanafi tidak ada syarat baligh dalam perkawinan karena adanya hak ijbar. Sedangkan undang- undang perkawinan di Indonesia mensyaratkan batas minimum usia pernikahan adalah 19 tahun untuk calon mempelai laki- laki dan perempuan, meskipun pernikahan merupakan masalah pribadi yang mana seharusnya tidak perlu adanya campur tangan dari pemerintah, namun untuk menghindari pertambahan penduduk yang tidak terkontrol dan kestabilan sosial, maka pemerintah berhak untuk membuat peraturan yang berkaitan dengan masalah ini.Kata kunci: Pernikahan dini, Pandemic covid-19
PENYELESAIAN SENGKETA HUKUM WARIS ANTARA HUKUM ADAT DAN HUKUM ISLAM DI (DESA MAUBASA TIMUR KECAMATAN NDORI KABUPATEN ENDE) Susianti Ago; Ahmad Subekti; Dzulfikar Rodafi
Jurnal Hikmatina Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (255.314 KB)

Abstract

Abstract Indonesia has people of all kinds of religions, customs, and cultures, and has created a host of breakaway legal system, a system of western heirs, a system of islamic law, and a system of tribal heirs. Each of the legal systems of the heir is set in place. Because most indonesians are muslims, the system of inheritance is governed according to the islamic laws found in khi and its terms stemming from the qur 'an and the hadiths. Although the legacy of Islam is clear, its practices in society still do not socialize well. For more valid research, researchers have decoded it to an empirical type of research. Researchers picked up the research locations in the Muslim communities of maubasa east village, ndori district, ende flores, east southeast nusa. The reason for the location to be taken, first because it is here in its natural division that still applies to tribal laws. Second because of the large number of islamic societies, however, such customs are still used in inheritance division. The aim of this research is to describe the execution of the law of inheritance in the village of maubasa east, the division of inheritance according to hokum and islamic law, and the knowledge of the division of property according to customs and islamic law. To achieve that goal in the study is done with a qualitative type of repressive. Data collection procedures are conducted using observation methods of observation, interview methods of Tanya and documentative methods of records and photos. The results are (1) heir law in the village of maubasa east, The difference between the application is that a daughter has no inheritance from her parents because she has a husband and her husband is the one who has to support her family. (2) the appendage of property according to the hokum of custom and the law of Islam that a daughter of the middle child has no hold on to the hart of inheritance while the hokum of the deceased child is required by the islamic heir. Third, the child's position according to traditional law and islamic law is the same as a girl who has no part in making decisions because a woman is weak and easily exploited. Keywords:  Customary, Female, Inheritance
TINJAUAN NU TERHADAP TALAK DILIHAT DARI PERSPEKTIF HADITS ABGHADH AL-HALAL ILALLAHI AT-THALAQ (STUDI KASUS DI PC NU KOTA MALANG Dina Khalidah; Ahmad Subekti; Dwi Ari Kurniawati
Jurnal Hikmatina Vol 3, No 2 (2021): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah )
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1028.212 KB)

Abstract

Success in fostering the desired goal household for every married couple. However in living life certainly will not be separated from problems. If love and harmony cannot be realized again, then Islam offers divorce as a final solution, but basically divorce is a lawful act but is hated by Allah SWT. There are more and more cases of cracks in the household that lead to divorce, especially among the Indonesian Muslim community, then this becomes an excuse to study and deepen the meaning of the hadith abghad al-halal ilallahi at-thalaq, and to find out how NU views divorce when viewed from the perspective of the hadith. This research was conducted at the PCNU office in Malang city, to find out how the views of NU as the most influential Islamic community organization regarding of divorce, especially when viewed from the perspective of the hadith abghadh al-halal ilallahi at-thalaq, as well as knowing what impacts will occur to those who experience the divorce. Then the method used in this activity is qualitative research and descriptive method. And the result of the research are a contribution of thought to the law of divorce in marriage which often occurs in social life. As for this hadith, it is included in the category of the famous ahad hadith. Keywords: Abghadh, Halal, Divorce and NU
PERNIKAHAN ADAT JAWA DADUNG KEPUNTIR DALAM PERSPEKTIF MASLAHAH MURSALAH (STUDI KASUS DESA SEKAPUK KECAMATAN UJUNGPANGKAH KABUPATEN GRESIK) Putri Nailatul Iqna’ah; Ahmad Subekti; Humaidi Humaidi
Jurnal Hikmatina Vol 3, No 2 (2021): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah )
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (446.221 KB)

Abstract

In the view of Islam, marriage is to complete the worship of a Muslim. and in Islam, marriage can also make a partner capable of creating devout people in accordance with the values of goodness in Islam. Javanese traditions and customs are also not left behind in arranging a marriage in the Javanese community. As is the case with the Javanese tradition of Dadung Kepuntir in Sekapuk Village, Ujungpangkah District, Gresik Regency. This Javanese custom is a Javanese traditional marriage where two families marry brother to sister, while sister to brother. The marriage is an anticipatory step so that it does not occur in marriage. In this study, data collection uses three ways, namely, observation, interviews, and documentation. In The resullts of this study can be conclued that the Dadung Kepuntir marriage has been the belief of the local community since the time of their ancestors. Even though the entiire comunity of Sekapuk Vilage, Ujungpangkah District, Gresik Regency embraces Islam, the majority of peoplle are stil woried so much is being considered before getting married. Keywords: Marriage, Dadung Kepuntir Javanese custom, Maslahah Mursalah
PERANAN PENYULUH AGAMA DALAM MEMBERIKAN BIMBINGAN TERHADAP CALON MEMPELAI DI KANTOR URUSAN AGAMA (KUA) KECAMATAN KLOJEN KOTA MALANG Nabilah Lukman Manu; Ahmad Subekti; Fathurrahman Alfa
Jurnal Hikmatina Vol 2, No 1 (2020): Jurnal Ahwal Syakhsyiyyah
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (656.83 KB)

Abstract

The role of religious counselors is very important, because it is expected to be able to provide wise guidance to the two brides who want to get married. So there is no compulsion in marriage or other obstacles to get married. Therefore, a Islamic Counselor in the Office of Religious Affairs in the Klojen District of Malang City continue to try to provide counseling as a way of preaching to convey Islamic knowledge to become a provision marriage for the bride and groom who will get married. Through this study, a researcher interested in conducting research that will focus on her studies about the role of a religious counselor in providing guidance to the bride and groom, so that the realization of a sakinah, mawadah, warahmah family. This research uses qualitative research which is located in the Office of Religious Affairs in Klojen District in Malang City. The research approach used is a psychological approach. Sources of data in this study are primary data sources and secondary data sources. Data collection techniques used were observation, interview, and documentation techniques. The implications of this study are for every bride and groom before entering into a marriage contract, they are should know their respective backgrounds. And the most important thing for the bride and groom is to increase the knowledge of religion in order to stabilize themselves for their partners. Because only with religion can happiness be achieved in family life, then whenever there are problems they are able to solve it independently. Keywords: The Role of Religious Counselor, Counseling, Bride and Groom.
PERTIMBANGAN HAKIM DALAM PENETAPAN DISPENSASI KAWIN AKIBAT HAMIL DILUAR NIKAH PADA PENGADILAN AGAMA KABUPATEN MALANG Rossa Meilynda; Ahmad Subekti; Syamsu Madyan
Jurnal Hikmatina Vol 3, No 3 (2021): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (758.376 KB)

Abstract

Marriage dispensation is a concession or waiver granted by the Religious Courts to prospective husbands and wives who do not meet the material requirements in marriage, namely they have not met the maximum age limit.The purpose of this study was to determine the basis of judges' considerations in determining marriage dispensation due to pregnancy outside of marriage at the Malang Regency Religious Court, Knowing the contents of the determination of the Malang Regency Religious Court Judge Council class in granting marriage dispensation applications due to pregnancy outside of marriage, What are the functions and duties of judges at the Court Religion. And the researchers took the research location at the Malang Regency Religious Court. In this research, the method used is descriptive method and qualitative approach. From the results of this study, it can be concluded that the Judge of the Religious Court of Malang Regency in determining the Marriage Dispensation is in accordance with existing regulations and has been guided by Law No. 48 of 2019 and uses the legal basis in accordance with Law No. 1 of 1974 concerning marriage, fiqiyah rules and the Compilation of Islamic Law.
KAWIN PAKSA DALAM PERSPEKTIF FIQH ISLAM DAN GENDER Misbakhul Munir; Ahmad Subekti; Dzulfikar Rodafi
Jurnal Hikmatina Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (301.712 KB)

Abstract

AbstractIn married life in the daily life of marriage is a necessity for mankind, that's why if there is a male or female household to use a lot of consideration for the choice of their children in determining the match, the bride and groom who will carry out the marriage and the guardian or parents the act of forcing their children to force marriage means forced marriage. Forced marriages are parents arranged or forced children to marry without the consent and willingness of the child and not his right to choose his partner. In Islamic law there is no compulsion for someone to marry with the choice of their parents. The concept of gender as an act of forced marriage which is considered as a discrimination against women. Keywords: forced marriage, the concept of gender
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