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All Journal Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam AL-HUKAMA´
Darmawan Darmawan
UIN Sunan Ampel Surabaya
Law, Crime, Criminology & Criminal Justice

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Nafkah Sebagai Konsekuensi Logis Pernikahan Darmawan Darmawan
AL-HUKAMA Vol. 10 No. 2 (2020): December 2020
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2020.10.2.218-242

Abstract

This research aims to find out what are the forms of zahir (material) and inner (non-material) livelihood that a husband must give to his wife? Is the living provided by the husband because of the obedience of the wife or because of the marriage contract? By using a qualitative approach. Zahir livelihoods are related to basic daily necessities, which can be classified as الكسوة (clothing), الطعام (food) and السكن (board), household costs and maintenance, the cost of children's education. While the inner livelihood can be classified as: 1) Husband teaches the values of tauhid, morality and worship. 2) Husband treats wife well, gently. 3) Husband gives sovereignty to wife to interact with society. 4) The husband gives an explanation of what the wife is lacking. 5) Having an intimate relationship between husband and wife. Livelihood is the logical consequence of the marriage contract, both zahir and inner. Zahir is a gift from the husband that must be given to the wife when the marriage contract is completed, provided that they both exercise their rights and obligations. If a wife does not fulfill her obligations as a wife, then the husband is not obliged to provide zahir support to his wife. Meanwhile, the inner livelihood is the living that the husband must give to the wife from the completion of the marriage contract until the end of the marriage, whether the wife is obedient or not.
Kewarisan Anak dalam Kandungan, Anak Zina dan Anak Li’an Darmawan Darmawan
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 21 No 2 (2018): Al-Qanun, Vol. 21, No. 2, Desember 2018
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (351.824 KB) | DOI: 10.15642/alqanun.2018.21.2.310-327

Abstract

Abstract: The child in the womb will receive inheritance, if (1) the child is born alive, and (2) the child is already in the womb of his mother when the muwarrith is died. The child who's born of adultery (zina) is only have a relationship with his mother, in nasab and inheritance. The child of li'an is the child whos's born from teh woman who have been accaused for committing adultery (zina) by her husband , so that child who is born also have the same status as the childr of zina. The accusation was held in a situation of swear to one another between the husband and his wife (the mother of the child of li'an) which caused damage to the husband-wife relationship, so that it was forbidden to reconcile (rujuk) or marry for ever. The child of li'an only has a relationship with the mother who gave birth to him, while the nasab relationship with his father has been demage, so is his inheritance
Transformasi Mahar Perkawinan Melalui Estetika di Desa Paberasan Kabupaten Sumenep Khoirin Nisa'; Darmawan Darmawan
AL-HUKAMA': The Indonesian Journal of Islamic Family Law Vol. 11 No. 2 (2021): Desember 2021
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2021.11.2.140-166

Abstract

One of the essential parts of marriage is the dowry that must be given from the prospective husband to the future wife. Dowry is not included in the pillars of marriage but needs to be delivered to respect the existence of women. This study aims to determine whether the dowry with an aesthetic concept can be affordable? To what extent is the aesthetic limit in the dowry? The research method used in this study is a mixture of library research and field research. In addition to using literature such as books, notes, and several previous studies, this study also collected data through interviews. Giving dowry by carrying out the aesthetic concept, namely using the date of marriage, no prohibition is found. As long as the dowry is affordable and the husband can give it, then it may be done, of course, with due observance, that the dowry does not conflict with the Shari'a. In aesthetics, there are five values, as described by Laurie Schneider Adams, namely: material values, intrinsic values, religious values, nationalism values, and psychological values. The most dominating value in this study is the psychological value because it can bring a reaction of happiness and pleasure to the subject. In the view of psychology, happiness can be created by oneself, and everyone has their parameters for creating happiness for themselves. Aesthetics in this dowry can give value and satisfaction to the subject because it contains beauty.
Co-Authors Khoirin Nisa'