Dakwatul Chairah
UIN Sunan Ampel Surabaya

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Pelaksanaan Ijab Kabul Pernikahan di Masa Pandemi Covid-19 di KUA Kecamatan Sampang Madura Dakwatul Chairah
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 11 No. 1 (2021): Juni 2021
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2021.11.1.57-75

Abstract

This study aims to determine the implementation of the ijab kabul during the Covid-19 pandemic at the KUA, Sampang District, where there seems to be a change in the legal behavior of the community, where the Ijab and Kabul must be continuous and comply with health protocols. The method used is descriptive qualitative, which describes and studies in depth the practice of ijab and kabul at the KUA in Sampang District and then analyzes it based on the perspective of Islamic law or fiqh. This study found that, KUA Sampang District, Sampang Madura Regency issued a new procedure in the marriage contract. In the implementation of the Ijab and Kabul, the Penghulu as the representative of the female guardian performs ageppak bumih (clapping hands to the earth) after saying the Ijab so that the prospective groom immediately answers (kabul) the consent that was said by the Penghulu. They view that the marriage contract must be carried out in one assembly, where the ijab must be continuous with the kabul. In the implementation of the ijab kabul, the headmaster and the groom face each other, are about one meter apart, and do not shake hands. The penghulu claps his hands to the earth to remind the groom to immediately say Kabul, because there should be no time lag between ijab and kabul. This does not cause the marriage contract to be canceled, because ageppak bumih is an act of reminding the groom to immediately pronounce his kabul, answer the consent of the penghulu and so that the marriage contract remains valid.
Implementasi Kaukus dalam Mediasi Berdasar PERMA RI Nomor I Tahun 2016 Perspektif Hakim Mediator Pengadilan Agama Pasuruan Dakwatul Chairah
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 23 No 2 (2020): Al-Qanun, Vol. 23, No. 2, Desember 2020
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alqanun.2020.23.2.215-237

Abstract

The phenomenon of failure to implement mediation as a modus operandi for divorce settlement in the Religious Courts is because the mediator has not fully used robust mediation techniques in dispute resolution. Caucus techniques as regulated in Perma NO. 1 of 2016 article 14 letter e is a technique that has been used by mediating judges in the Religious Courts. However, mediator judges have various considerations. There are those who do caucus techniques when there is pressure on the parties, do caucus techniques when the parties are less open in disclosing their problems or there is hidden information or do caucus techniques when communication is less conducive. The results of research at the Pasuruan Religious Court, the mediator judges differed in their opinion on the caucus technique in mediation, some said that the caucus technique did not affect the success of the mediation and some were of the opinion that the caucus technique was very effective in reconciling the parties, the implementation of the caucus technique should be done in any mediation. The success rate of implementing the caucus by the mediator judge PA Pasuruan, from 2018 to become a Mediator at the State Religious Court 71% of 24 mediation cases succeeded in peace 19 cases, in 2019, 81% of 31 mediation cases succeeded in peace 26 cases, and in 2020 when they became The mediators at the Pasuruan Religious Court reached 100%. The 14 cases mediated by all of these cases were all successful”.