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All Journal Kodifikasia: Jurnal Penelitian Islam JURISDICTIE Jurnal Hukum dan Syariah al-Afkar, Journal For Islamic Studies El-Barka: Journal of Islamic Economics and Business Sakina: Journal of Family Studies Al-Syakhsiyyah : Journal of Law and Family Studies IJouGS: Indonesian Journal of Gender Studies Al-MIKRAJ: Jurnal studi Islam dan Humaniora Excelencia : Journal Of Islamic Education & Management Journal of Economics, Law, and Humanities Law and Justice Journal of Islamic Economy Journal of Islamic Economy Jurnal Kajian Hukum dan Sosial
Rohmah Maulidia
Universitas Islam Negeri Kiai Ageng Muhammad Besari Ponorogo, Indonesia
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Isbat Nikah Sebagai Solusi Penolakan Calon Pengantin Perempuan Tanpa Kejelasan Nasab di Pengadilan Agama Pacitan Moch Mu'ti; Rohmah Maulidia; Luhur Prasetiyo
Journal of Economics, Law, and Humanities Vol. 3 No. 1 (2024): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v3i1.3025

Abstract

Case of community rejection of a prospective son-in-law whose lineage is unclear. According to the community, the rejection was based on the seeds, burdens, and unequal weight of the prospective partner in Pacitan. This is what underlies how to find a solution to resolve society's rejection of prospective daughters-in-law who do not have a clear lineage through marriage isbat at the Pacitan Religious Court. This field research using qualitative methods aims to describe how and what the reasons and legal implications of the rejection of women whose fate is unclear are. The results of the research showed that the reason parents rejected their prospective daughter-in-law was because they did not have a clear lineage. This is based on the Javanese law, which is still adhered to regarding selecting prospective marriage partners: seed, bebet, and weight. Still, this problem can be resolved through marriage isbat at the Pacitan Religious Court to change the status on the birth certificate and family card.
Pemikiran Husein Muhammad Tentang Relasi Suami Isteri Perspektif Gender Muchtar Wahyudi Pamungkas; Miftahul Huda; Rohmah Maulidia
Journal of Economics, Law, and Humanities Vol. 3 No. 1 (2024): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v3i1.3034

Abstract

This research was motivated by differences of opinion between the fuqaha and Kiai Husein regarding husband-wife relations. Kiai Husein synchronized the postulates of jurisprudence in solving contemporary development problems using the theory of gender equality. This research includes research that explores data by interviewing related figures and extracting data from his works, known as library research. The findings show that kiai Husein Muhammad's gender equality does not come from gender, whether from women or men. Still, gender is the difference between men and women, which is created by themselves, not by God or the potential that each individual can create.
Perkawinan Cacat Mental dalam Perspektif Hukum dan HAM Ahmad Khoirul Anwar Hidayat; Rohmah Maulidia
Journal of Economics, Law, and Humanities Vol. 3 No. 1 (2024): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v3i1.3158

Abstract

Mentally handicapped marriages are a rare phenomenon because, generally, marriages are given to those who have above-average abilities. These mentally disabled sufferers have a level of intelligence. They are unable to adapt to environmental demands and fear that they will not be able to control their emotions or will not be able to mature in facing a problem. This qualitative research with a field approach aims to determine the legal status of marriage and provide the rights and obligations of husbands and wives with mental disabilities in Karangpatihan and Ngabar from a legal and human rights perspective. The research findings are: 1) The marriage is religiously valid when viewed from the purpose of the marriage. With the condition that it is valid if there is a guardian's permission, as in the opinion of Imam Syafi'i, Hanafi, and Hanbali, and the marriage is not valid according to the rules of taklīfi, because a person who experiences mental disorders does not have the appropriateness to be seen in his actions, 2) Fulfillment of the rights and obligations of people with disabilities mental issues such as the right to justice and legal protection, the right to education, the right to work, the right to health and the right to social welfare have not all been fulfilled.
Efektivitas Hukum dalam Pemenuhan Hak Anak Disabilitas di Panti Asuhan Tunanetra Terpadu ‘Aisyiyah Ponorogo Al Amin Darussalam; Rohmah Maulidia; Umi Rohmah
Journal of Economics, Law, and Humanities Vol. 3 No. 2 (2024): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v3i2.4041

Abstract

Ponorogoro Integrated Blind Orphanage in fulfilling the protection and fulfillment of the rights of children with disabilities. However, in its fulfillment there are still deficiencies, for example in the rights to public services in Article 19 Paragraphs 1 and 2. Researchers want to analyze further the pattern of protecting the rights of disabled children and how the rights of disabled children are fulfilled at the Aisyiyah Ponorogo Integrated Blind Orphanage by Legal Effectiveness Perspective. The aim of this research is to obtain a complete, clear and detailed picture of the pattern of protection and fulfillment and to describe the fulfillment of the rights of children with disabilities. This research uses an inductive qualitative approach and seen from the formulation of the problem proposed, this research shows that it is real, empirical and can be seen so that researchers can understand the nature of life and care at the 'Aisyiyah Ponorogo Integrated Blind Orphanage. This research is field research, data collection techniques through observation, interviews, documentation. The research results show that the pattern of protecting the rights of children with disabilities at the 'Aisyiyah Ponorogo Integrated Blind Orphanage is implemented in accordance with the understanding of the regulations of Law Number 8 of 2016 concerning Persons with Disabilities which includes the application of the law, law enforcement and implementation of the law. Fulfillment of the rights of children with disabilities is seen from legal effectiveness factors, the effective factors being the legal factors themselves, law enforcement and cultural factors. And what has not been effective are the facilities and community factors which should be fulfilled in accordance with Article 19 paragraphs 1 and 2 of the Law on Persons with Disabilities.
Konstruksi Sosial Suami Istri tentang Tajdid Nikah Wahyu Awaludin; Agus Purnomo; Rohmah Maulidia
Journal of Economics, Law, and Humanities Vol. 3 No. 2 (2024): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v3i2.4042

Abstract

This research aims to explore the dialectical process of couples who perform the practice of tajdid nikah in Cahya Makmur Village. This practice is typically motivated by reasons such as divorce, which encourages couples to reconcile; however, the findings of this study reveal that the motivations behind this practice are diverse, including concerns about divorce, efforts to maintain relationship harmony, economic difficulties, and family discord. Using a qualitative approach and field research methods, data were collected through interviews and documentation. The research findings indicate that the driving factors for tajdid nikah include a desire to improve economic conditions, caution in interpersonal relations, and the roles of P2UKD officials and the support of the village head in implementing this practice. Respondents believe that tajdid nikah serves as a solution to family problems, reporting increased peace of mind and improved economic conditions after performing tajdid nikah, with some even able to purchase private cars. This practice also positively impacts the mental health of respondents, creating a sense of peace and tranquility in their daily lives.
Peran Relasi dalam Keluarga Poligami untuk Pencapaian Keluarga Sakinah Muhammad Arifin; Agus Purnomo; Rohmah Maulidia
Journal of Economics, Law, and Humanities Vol. 3 No. 2 (2024): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v3i2.4048

Abstract

In Law Number 8 of 2016 concerning Persons with Disabilities as a guideline for the 'Aisyiyah Ponorogoro Integrated Blind Orphanage in fulfilling the protection and fulfillment of the rights of children with disabilities. However, in its fulfillment there are still deficiencies, for example in the rights to public services in Article 19 Paragraphs 1 and 2. Researchers want to analyze further the pattern of protecting the rights of disabled children and how the rights of disabled children are fulfilled at the Aisyiyah Ponorogo Integrated Blind Orphanage by Legal Effectiveness Perspective. The aim of this research is to obtain a complete, clear and detailed picture of the pattern of protection and fulfillment and to describe the fulfillment of the rights of children with disabilities. This research uses an inductive qualitative approach and seen from the formulation of the problem proposed, this research shows that it is real, empirical and can be seen so that researchers can understand the nature of life and care at the 'Aisyiyah Ponorogo Integrated Blind Orphanage. This research is field research, data collection techniques through observation, interviews, documentation. The research results show that the pattern of protecting the rights of children with disabilities at the 'Aisyiyah Ponorogo Integrated Blind Orphanage is implemented in accordance with the understanding of the regulations of Law Number 8 of 2016 concerning Persons with Disabilities which includes the application of the law, law enforcement and implementation of the law. Fulfillment of the rights of children with disabilities is seen from legal effectiveness factors, the effective factors being the legal factors themselves, law enforcement and cultural factors. And what has not been effective are the facilities and community factors which should be fulfilled in accordance with Article 19 paragraphs 1 and 2 of the Law on Persons with Disabilities.
Penentuan Calon Suami Dengan Cara Lotre Akibat Kawin Hamil Perspektif Fungsionalisme Struktural Laila Fitrotul Aziza; Abid Rohmanu; Rohmah Maulidia
Journal of Economics, Law, and Humanities Vol. 4 No. 1 (2025): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v4i1.4410

Abstract

This research is a qualitative study with a descriptive-analytical (field research) approach aimed at examining the practice of selecting a prospective husband through a lottery mechanism to solve cases of out-of-wedlock pregnancy, viewed from the perspective of structural functionalism. The primary focus of this study is the social phenomenon occurring in the community of Purwosari Village, Babadan Sub-district, Ponorogo Regency, where a lottery marriage is conducted to determine which man must marry a pregnant woman when the actual father is unknown. The data were obtained through direct field observations, in-depth interviews with community figures, and documentation studies. The primary data sources include local community members, victims, family members, religious leaders, and village officials. Data collection methods comprised participatory observation, in-depth interviews, and document analysis. The data were analyzed qualitatively using Talcott Parsons’ structural functionalism theory, particularly the four AGIL schemes (adaptation, goal attainment, integration, and latency), along with Peter L. Berger’s theory of social construction through the stages of externalization, objectification, and internalization. The results show two main findings: (1) The lottery marriage practice due to out-of-wedlock pregnancy is perceived by some community members as a pragmatic solution, despite contradicting religious norms and legal standards that only permit marriage with the actual biological father; (2) Although considered a temporary solution, this practice raises negative social implications such as normalizing premarital sexual behavior and creating instability in family structures. In conclusion, lottery marriage is a form of social adaptation to urgent situations, yet it cannot serve as a long-term solution due to its moral and legal contradictions.
Wakaf Virtual dalam Perspektif Pejabat Pembuat Akta Ikrar Wakaf: Tipologi Pemikiran PPAIW Ponorogo Labib Suhaily; Miftahul Huda; Rohmah Maulidia
Journal of Economics, Law, and Humanities Vol. 4 No. 1 (2025): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v4i1.4411

Abstract

The phenomenon of virtual waqf pledges carried out by the Waqf Pledge Deed Making Officer (PPAIW) of Jetis District, Ponorogo Regency, emerged amid a vacuum of formal regulations regarding virtual waqf, both in the Waqf Law, Government Regulations, and Indonesian Waqf Board policies. The urgency of this research lies in the differences in views among PPAIW regarding the validity and legality of virtual waqf pledges, which reflect the dynamics of Islamic legal thinking in the context of waqf digitalization. With a qualitative approach, this field research aims to explore the views of PPAIW in Ponorogo Regency regarding the virtual waqf pledge and analyze their thought patterns in responding to this phenomenon. Research data was obtained from informants from PPAIW Ponorogo. Data collection techniques were done through in-depth interviews, observation, and documentation. Data analysis was carried out using Mahsun Fuad's typological theory of Islamic legal thought, dividing the thought spectrum into participatory and emancipatory reasoning. The results of the research show that there are three typologies of PPAIW thinking regarding the virtual waqf pledge, namely: critical-responsive madzhabi reconstruction, emancipatory responsive-sympathetic interpretive reconstruction, and emancipatory responsive-sympathetic madzhabi reconstruction. This conclusion confirms the diversity of thought responses at the local level towards waqf practices in the digital era.
Strategi Bertahan Hidup Janda di Bawah Umur Wafa Suci Ningrum; Miftahul Huda; Rohmah Maulidia
Journal of Economics, Law, and Humanities Vol. 4 No. 1 (2025): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v4i1.4412

Abstract

This research is motivated by the increasing number of early-age divorce cases, which has resulted in many young women becoming underage widows—girls under 19 years old who have already experienced marriage and divorce, and most of whom already have children. This study is a field research using a case study approach. The data were collected from primary sources such as underage widows, their parents, and representatives from the Women's Empowerment and Child Protection Agency (P3A) and secondary sources, including documents, legislation, and relevant literature. The research was conducted in the Ponorogo, Madiun, and Nganjuk Regencies, with the implementation adjusted to the availability and conditions of the informants. Data collection techniques included in-depth interviews, observation, and documentation. Data analysis was carried out using the Miles and Huberman model, which involves data reduction, data presentation, and continuous drawing of conclusions throughout the research process. The findings show that some underage widows can utilize their livelihood assets to implement consolidation, active, and passive strategies, while others can only survive using basic survival strategies. Most choose to work and pursue education through the Package C program. Although these young widows can endure, they still face significant challenges, and some eventually decide to remarry as a way out of life’s pressures. Underage widows adopt survival strategies rationally, based on their conditions and available resources—by working, continuing education, or remarrying—as a way to cope with pressure and build a future.
Ketahanan Keluarga pada Pasangan yang Belum Memiliki Keturunan Hanan Abimanyu; Abid Rohmanu; Rohmah Maulidia
Journal of Economics, Law, and Humanities Vol. 4 No. 1 (2025): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v4i1.4413

Abstract

This study aims to explore and understand the concept of family resilience in couples who do not yet have children in Balerejo Village, Kebonsari District, Madiun Regency. Family resilience is essential to study because even though they have not been blessed with children, these couples can still maintain the integrity and harmony of their household. This study is a qualitative study with a phenomenological approach. Data were collected through in-depth interviews with four couples who experienced the absence of children in their married life. Data analysis techniques were carried out thematically to find patterns of meaning that shape family resilience. The study results show that family resilience is formed through several essential aspects: open communication, emotional support between couples, involvement in religious activities, and utilization of social resources in the surrounding environment. In addition, couples also demonstrate the ability to manage psychological stress, develop survival strategies, and maintain hope for having children. The strength of interpersonal relationships, spirituality, and adaptation to reality influences the success of couples in preserving family integrity even without children. These findings provide important insights into family survival strategies and resilience, which can be used to strengthen social and psychological interventions for couples in similar situations.
Co-Authors Abid Rohmanu Afidah, Khilyatul Agus Purnomo Agus Purnomo Ahmad Khoirul Anwar Hidayat Al Amin Darussalam Amirudin Nur Muhammad Arsyadani, A. Arfinanto Dewi Iriani Fadhil Wafa Hanan Abimanyu Iza Hanifuddin Khilyatul Afidah Kurnia Hidayati Labib Suhaily Laila Fitrotul Aziza Luhur Prasetiyo Lukman Santoso Lukman Santoso Miftahul Huda Miftahul Huda Moch Mu'ti Muchtar Wahyudi Pamungkas Muhammad Arifin Muhammad Fauzan Nanang Nur Hidayat Nilna Niamatin Putra Rizki Julianto Rofi'ah, Khusniati Sagita, Insharie Amarylis Sakila, Yola Cindytia Siti Komariyah Siti Wafiroh Umarwan Sutopo Umi Rohmah Umi Rohmah Wafa Suci Ningrum Wafa, Fadhil Wahyu Awaludin Widiyarti Widiyarti Zahrotul Abidah Zulfatur Rosidah