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HAK WARIS ANAK DI lUAR NIKAH PERSPEKTIF HUKUM ISlAM DAN HUKUM POSITIF Lena Ananda; Dwi Ari Kurniawati; Moh Muslim
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

Abstract            In essence, children born out of wedlock usual ly get the nickname of adultery or illegitimate chilldren. and thus can cause psychological disturbances against the child, although legally the child also has legal consequences from the actions carried out by both parents. But there are some problems for people who are pregnant outnofgwedlocknincluding the termination of nasab for the child to his biological father and the termination of the inheritancenofochildrennbornkoutnof wedlock. with regard to children outside ofnmarriage canobenseenfromnthe position ofnchildren born out ofowedlock itself. whereas in Islamic law and positive law there is a rule that a child out of wedlock is entitled to his rights, for example his right otonin her it ufromo his biological fathernby means of his biological mother and father engaging in legal marriage according to religion and the State, there will be there is an inheritance right from his biological father in the form of compulsory testament that is equal to l/3 of his assets, and as biological father must meet the needs and rights of the child.Keywords: inheritance right of children, Islamic law, positive legal. 
PERAN SPBE (SISTEM PEMERINTAHAN BERBASIS ELEKTRONIK) DALAM MENINGKATKAN PELAYANAN PERKARA DI PENGADILAN AGAMA MOJOKERTO Rivaldy Lisyardo Putera; Dzulfikar Rodafi; Moh. Muslim
Jurnal Hikmatina Vol 3, No 2 (2021): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah )
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

To achieve clean, effective governance, transparent, & accountable quality public services & trustworthy is expected to be an electronic based government system. For increase the cohesiveness & efficiency of the based government system electronic is expected governance & governance system management nationally based electronics. The legal basis for this Presidential Decree is: Article 4 paragraph (1) of the 1945 Constitution. This Perpres regulates about: governance-based system governance electronic; electronic-based management system of government; audit information and communication technology; administrators of the government system electronic based; acceleration of electronic-based government systems; as well as monitoring and evaluation of electronic-based government systems.Keywords : goverment, system, electronic.
URGENSI KAFAAH DALAM PERNIKAHAN MENURUT MASYARAKAT DESA BUMIAJI KECAMATAN BUMIAJI KOTA BATU Qurrota A’yunnisa; Ibnu Jazari; Moh. Muslim
Jurnal Hikmatina Vol 4, No 4 (2022): Jurnal Ilmiah Hukum Keluarga Islam (Ahwal Syakhsyiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Married couples must be able to actualize them in building household harmony, so that the goals of a successful marriage, mawaddah, wahrahah can be achieved. In order to form and create a family of faith, mawaddah, wa rahmah, scholars recommend that there be balance, unity, equality (there is an element of kafa'ah) between the prospective husband and wife. Each man has his own way and purpose, so the Messenger of Allah limits him in four factors: wealth, children, beauty, and religion. In this study, researchers used unstructured or free interview techniques with the aim of finding more in-depth information about the urgency of kafa'ah according to the people of Bumiaji Village, Bumiaji District, Batu City. Kafa'ah in marriage to the people of Bumiaji Village Batu urgency showed an interest in something in determining an action. In this case, the urgency of the kafa'ah in Bumiaji Village has only been achieved in terms of its people's wealth, education, and work alone, in terms of religion, it still cannot be fully achieved or only a small part has already been effected'. If there is a lack of trust that leads to divorce, the Bumiaji village government can only help with mediation and the rest are administratively handed back to each spouse and family.Keyword: kafa’ah, marriage
PERAN ISTRI SEBAGAI WANITA KARIR DALAM MEWUJUDKAN KELUARGA SAKINAH STUDI KASUS DESA TUMPANG KECAMATAN TUMPANG KABUPATEN MALANG Indah Savira Dorojatul Hikmah; Khoirul Asfiyak; Moh. Muslim
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 are half of the community, even women are also a male partner in living household life. The study of women is quite interesting to investigate until this era. The family is a domestic group that is bound to each other by marriage and legal ties. As for the research used by the researcher, it uses a qualitative approach and the type of research is a case study. The main results of this study are about the factors that cause a wife to choose a role as a career woman and the steps of a wife as a career woman in realizing a sakinah family. Besides that, here we also discuss the positive and negative impacts of the wife's role as a career woman
PENDAPAT HAKIM MENGENAI EFEKTIFITAS UNDANG-UNDANG NOMOR 16 TAHUN 2019 PASAL 7 TENTANG DISPENSASI NIKAH DI PENGADILAN AGAMA KABUPATEN MALANG KELAS 1A Muhammad Fauzul Adhim; Ach. Faisol; Moh. Muslim
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

This research explains the effectiveness of Law No. 16 of 2019 article 7 About marriage dispensation in The Religious Court of Malang District Class 1A and this research aims to find out how the application of Law No. 16 of 2019 article 7 about the dispensation of marriage and whether or not this Law has been effective. This study uses a qualitative research type with an empirical juridical approach. The results of the study showed that Law No. 16 of 2019 article 7 has not been effectively implemented due to the submission of marriage dispensation in the Religious Court of Malang District Class 1A increased after the enactment of Law No. 16 of 2019. The court has sought to enforce the law to the fullest extent possible to reject applications for marriage dispensation in trials and conduct regular socialization to the public every month in the hope of raising public awareness to comply with the rules and reduce the number of underage marriages.
ANALISIS HUKUM ISLAM TERHADAP FATWA MAJELIS ULAMA INDONESIA NOMOR 02/MUNAS-VIII/MUI/2010 TENTANG NIKAH WISATA Eriskha Nur Subihatin Nisa’; Khoirul Asfiyak; Moh. Muslim
Jurnal Hikmatina Vol 3, No 2 (2021): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah )
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Humans are social creatures who have in common to live in pairs between men and women. Marriage is the inner and outer bond between men and women as husband and wife, and the purpose is to establish a happy and eternal family based on Almighty God, as stated in Article 1 of the law. RI. Law No. 1 of 1974 on Marriage. With regard to marriage in Indonesia, marriages still exist between foreign Muslims and indigenous Muslim women who are married in accordance with current regulations. This is the reason to analyze the practice of tourist marriages that occur and to find out how the MUI fatwa on tourist marriages is from the perspective of Islamic law. This research was conducted by reviewing the MUI fatwa No 02/MunasVIII/MUI/2010  tourist marriages, to find out how MUI stilpulates fatwa, as well as an understanding of the community towards the law of marriage. The method used in this study is library research, and its nature is to use deductive thinking methods for descriptive analysis. And the result of this research is a form of mut’ah marriage which is haram and this is included in the category of new problems because the discussion is not found in classical fiqh book. Keywords: Analysis, Fatwa, and Marriage Tourism
PERAN LEMBAGA PENDIDIKAN PRA-NIKAH DALAM PENCEGAHAN TINGGINYA KHULU’ PADA RUMAH TANGGA ISLAM ( Studi Kasus Pada Lembaga Pendidikan Pra-Nikah di Kota Malang: Klinik Nikah ) Zahrah Salsabila; Khoirul Asfiyak; Moh. Muslim
Jurnal Hikmatina Vol 4, No 4 (2022): Jurnal Ilmiah Hukum Keluarga Islam (Ahwal Syakhsyiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Khulu's divorce during the COVID-19 pandemic in Malang City is very increased. The main cause of lack of communication, and constant disputes. Therefore, it is recommended to take pre-marital education. Divorce is common, from time to time and this issue turns into an interesting issue to observe. Therefore, it is important to have a pre-wedding educational institution to provide education for prospective brides. The observed method usedIs quantitative. This is part of this field research strategy or case studyThe subjects were the Malang Marriage Clinic Education Institute employees and 5 alumni of the institution. Data is obtained by using data reduction, data presentation, and drawing conclusions or verification during the observation. The results of this observation indicate that the COVID-19 pandemic impacts divorce due to abnormal family and continuing differences of opinion. Keywords: Pandemic Covid-19, Divorce, Khulu’, Marriage Clinic Education
Perlindungan Anak Di Luar Nikah Dalam Perspektif Hukum Islam Dan Hukum Positif Adzimatul Khusnah; Ach Faisol; Moh Muslim
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

 AbstrakThe results of the study concluded that according to decision of the constitutional court No. 46/PUU-VIII/2010 which equates the legal status between a legal child and an extramarital child in connection with civil law. In Islamic law and positive law, parents both have the full obligation to care for and protect children. The safi’I school and the Hanafi school of law allow the marriage of pregnant women out of wedlock, because according to them there are no iddahs for pregnant women. According ti Imam Maliki and Imam Hambali, they both agreed that the status of the child out of wedlock was only for the mother and her mother’s family. That is because men are not allowed to marry pregnant women out of wedlock. Kata Kunci: Perlindungan Anak
PEMBINAAN AKHLAK SISWA MELALUI KEGIATAN EKSTRAKURIKULER BADAN DAKWAH ISLAM MAN 1 KOTA MALANG Hesti Dwi Rahayu; Muhammad Hanif; Moh. Muslim
VICRATINA Vol 5, No 5 (2020)
Publisher : Vicratina : Jurnal Ilmiah Keagamaan

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Moral development has a function in an effort to prevent negative impacts arising from the current development. Time has changed the lifestyle of students. Starting from the decline in social life ethics and moral ethics. To correct these problems, there needs to be an effective effort to develop student morale in schools. One of them is through religious activities held at school, namely the Islamic Da'wah extracurricular activities that have been carried out at MAN 1 Malang City. Although the Islamic Da'wah extracurricular activities have been carried out, it does not rule out the possibility that not all students want to participate fully in this activity. The method used in this research is to use a qualitative research approach and type of case study research. Data collection techniques using participant observation, using unstructured interview methods and using the documentation method. The results showed that the morals of students in MAN 1 Malang city as a whole had good morals, although some others still showed bad behavior. This can be improved through activities carried out by Islamic da'wah bodies which are the focal point of religious activities in MAN 1 Malang city, with the hope of realizing intelligent learners in science that are also accompanied by noble morals. Keywords: Moral Development, Extracurricular Activities, Islamic Da’wah Agency
STRATEGI GURU DALAM MENINGKATKAN MUTU PEMBELAJARAN PENDIDIKAN AGAMA ISLAM DI MTs NEGERI BATU PADA ERA MILENIAL Nadila Farkhatun Amalda; Moh Muslim; Atika Zuhrotus Sufiyana
VICRATINA Vol 7, No 6 (2022)
Publisher : Vicratina : Jurnal Ilmiah Keagamaan

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Abstract

This study uses a descriptive qualitative research approach. The purpose of this study was to describe the planning, implementation, and evaluation of the application of students' spiritual attitudes at MTs Negeri Batu. In this study, the researcher acted as an instrument as well as data collection. The results of the research that has been carried out are 1) Planning for the application of spiritual attitudes carried out by Islamic Religious Education teachers at MTs Negeri Batu by designing a learning implementation plan (RPP), determining KI-1 attitude indicators, and planning habituation; 2) Implementation of the application of spiritual attitudes carried out by the teacher carrying out habits such as: prayer at the beginning and after the learning process, reading tahlil, reading the Qur'an, praying dhuha, praying duhur, applying 5s (smile, greeting, greeting, polite , polite), implementing the 5m Health protocol