Article Per Year (5 Year)
p-Index From 2021 - 2026
0.659
P-Index
This Author published in this journals
All Journal AT-TURAS: Jurnal Studi Keislaman Al-Hukmi : Jurnal Hukum Ekonomi Syariah dan Keluarga Islam MAHAKIM: Journal of Islamic Family Law
Khoirul Hidayah
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
Pemberian Hak Administrasi Kependudukan Bagi Pasangan Kawin Belum Tercatat Perspektif Tujuan Hukum Gustav Radbruch Mohammad Wildan Raja Mahasina; Isroqunnajah Isroqunnajah; Khoirul Hidayah
MAHAKIM Journal of Islamic Family Law Vol 7 No 2 (2023): July 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i2.239

Abstract

This study's purpose is to see the application of policies to accommodate population administration rights for unregistered married couples at the Population and Civil Registration Office of the Gresik Regency. This research is field research presented with a qualitative descriptive approach based on Gustav Radbruch's theory of legal objectives. Data is obtained by going directly to the field by conducting interviews with relevant department employees and documentation. The results of this study indicate that the provision of population administration rights for unregistered married couples at the Population and Civil Registration Office of Gresik Regency is following policy procedures and does not violate the rules. Based on Gustav Radbruch's idea of legal philosophy about the purpose of law, the granting of population administration rights for unregistered married couples has fulfilled the elements of legal objectives, namely justice, legal certainty, and legal benefits. Legal justice is indicated by the fulfillment of the constitutional rights of unregistered married couples to obtain public services equally. Married couples who do not have a marriage certificate or marriage certificate can still record their marriage as husband and wife on the family card. Legal certainty is indicated by the fulfillment of procedures by applicable regulations. Legal expediency is indicated by the fulfillment of the civil rights of children of unregistered married couples in the form of ownership of birth certificates containing the names of the father and mother parents.
Relevansi Hukum Adat Himpun Satempap Sajari Terhadap Kemaslahatan Perkawinan Masyarakat Melayu Jambi: Perspektif Najmuddin At-Thufi M. Ilham Kholiq; Roibin Roibin; Khoirul Hidayah
Al-Hukmi : Jurnal Hukum Ekonomi Syariah dan Keluarga Islam Vol. 7 No. 1 (2026): Al-Hukmi : Jurnal Hukum Ekonomi Syari’ah dan Keluarga Islam
Publisher : Fakultas Syariah dan Ekonomi Islam, Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/alhukmi.v7i1.9541

Abstract

This study examines the implementation of the Himpun Satempap Sajari customary tradition in Malay marriage practices in Muaro Tabun Village, VII Koto District, Tebo Regency, Jambi Province, and analyzes it from the perspective of Najmuddin At-Thufi’s concept of maslahah. The study aims to describe the stages, functions, and social relevance of the tradition in contemporary society. This research employs an empirical legal research method using a field research approach. Data were collected through observation, interviews with customary leaders, religious figures, and community members, as well as documentation studies. The data were analyzed using the interactive analysis model of Miles and Huberman, including data reduction, data presentation, and conclusion verification. The findings indicate that Himpun Satempap Sajari consists of several stages, namely Baangkat Bapak, Ngantar Tando, Himpun Ahli Waris, Himpun Sanagari, and Pasang Patauh. These traditions reflect values of solidarity, mutual cooperation, deliberation, and social harmony. From the perspective of Najmuddin At-Thufi’s maslahah theory, the tradition contains social benefits because it strengthens kinship and social relations within the community. However, excessive economic burdens and social sanctions may potentially create social hardship for certain families. Therefore, the implementation of customary practices should prioritize public welfare and adjust to contemporary socio-economic conditions.
Reformulation of Mafqud Husband Regulations in the Indonesian Marriage Law System in the Perspective of Maslahah Al Buthi Miftakur Rohman; Tutik Hamidah; Khoirul Hidayah
JURNAL AT-TURAS Vol 12, No 2 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/at-turas.v12i2.11233

Abstract

One of the issues that often arises in the context of marriage is the case of "missing husband/wife."This term refers to a situation where the husband is absent or not present in the household for a long time, causing the marriage to be halted or threatened.In the Indonesian marriage law system, this issue refers to UUP No. 01 of 1974 Article 39 and KHI Article 116 point b.This type of research is normative with a legal, comparative, and conceptual approach.This research examines the urgency of reformulating the provisions for a missing husband in the Indonesian marriage law system through the perspective of maslahah al-Buthi.The analysis shows that the two-year waiting period as regulated in KHI Article 116 b and UUP No. 01 of 1974 Article 39 creates serious legal uncertainty for the wife and children, negatively impacting inheritance rights, economic and psychological well-being, and violating the principle of distributive justice.Based on the principle of maslahah al-Buthi, it is recommended to reduce the waiting period to one year to expedite dispute resolution and minimize harm.This reformulation aligns with the goals of national law—human rights protection, gender justice, and legal certainty—while creating synergy between progressive Islamic legal values and modern norms.The implementation of this proposal is expected to achieve a faster determination of marital status, improve economic access for wives, and prevent family poverty, thereby supporting the attainment of family welfare and harmony.
Co-Authors Iffaty Nasyi’ah Isroqunnajah M. Ilham Kholiq Miftakur Rohman Mohammad Wildan Raja Mahasina Roibin Roibin Tutik Hamidah