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FAKTOR PENYEBAB PERCERAIAN PADA PERNIKAHAN DINI PERIODE TAHUN 2020-2021 STUDI KASUS DI DESA KWADUNGAN KABUPATEN KEDIRI Sinta Dewi Nur Aviva; 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

Based on initial observations, it was found that many people are divorced but do not understand what are the factors that cause divorce and what the impact of divorce, especially on divorce actors in early marriage, is due to lack of socialization and limited public knowledge to seek related information for this.From the background of the research above, the formulation of the problem in this study is what are the factors that influence divorce in early marriage, how is the impact of post-divorce on early marriage.The purpose of this study was to determine the factors that influence divorce in early marriage and to find out how the impact of post-divorce on early marriage.This type of research is a case study with a descriptive approach. Data collection techniques were carried out through passive observation, then with semi-structured interviews, interviews were conducted in depth, and in practice it was more flexible where informants were asked for opinions, or ideas in it, as well as documentation.The results of this study indicate that there are several factors that cause divorce in early marriage, namely economic factors, age/age factors, communication factors, domestic violence factors, and moral factors. While the impact of divorce includes child development, trauma, psychology, reduced self-esteem, and property.Kata kunci: Factors Causing Divorce, Impact of Divorce
UPAYA PASANGAN SUAMI ISTRI BEDA BUDAYA DALAM MEMBENTUK KELUARGA SAKINAH (STUDI KASUS PASANGAN SUAMI ISTRI BEDA BUDAYA DESA WAELO KECAMATAN WAELATA KABUPATEN BURU NAMLEA) Lailiyatur Rohmah; Khoirul Asfiyak; Faridatus Sa’adah
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

A different cultural wedding is a marriage that takes place between a couple who come from a different background. Differences in thought and way of life can lead to a conflict. So the researchers would like to describe the conflicts that developed and how different cultural couples were trying to from the perfect family. The studi uses a qualitative approach with a type of case study. Studies suggest that these cultural background differences resulted in conflict within the marriiage. So couples in different cultures make an effort to resolve these conflicts. The maariages they undergo ore due to an adjustment or adaptation to the environtment and community. And adjustments to the spouse also made.
STRATEGI DEWAN KEMAKMURAN MASJID DALAM MEMBINA KELUARGA SAKINAH, MAWADDAH, WARAHMAH BAGI MUALAF DI KOTA MALANG (Studi Kasus Mualaf Center Masjid Agung Jami’ Kota Malang) Muhammad Badrun Tamam Mageskar; 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

The family is the smallest institution that has leaders and members, has responsibilities between individuals. Every human being desires a family full of love and compassion that is built without oppression without any dominating one party, according to what is commanded in Islam, namely the sakinah, mawaddah and warohmah families, how happy a family is filled with mutual love, affection, protection and mutual respect. . Families like this are formed by themselves and are not inherited from their ancestors, but thanks to the efforts of all members in the family who interact and communicate with each other in one household. To be able to carry out the functions, duties and responsibilities of each in the family with the provisions ordered by Allah SWT so that the whole family is able to live life in the world in accordance with the times. Based on initial observations, that the development of the sakinah mawaddah warahmah family, DKM Agung Jami' Malang City uses a strategy by taking a personal approach to the guidance participants, this is a special strategy used by DKM in fostering sakinah, mawaddah, and warahmah families. This personal approach was taken because the problems of the participants who took the guidance were different, such as those who were married and those who were about to get married. From the background of the research above, the researcher formulates the problem, namely how the strategy used by DKM Agung Jami' Malang City in fostering a sakinah, mawaddah, warahmah family for converts and what are the supporting and inhibiting factors of DKM Agung Jami' Malang City in fostering a sakinah, mawaddah family. , warahmah for converts. The purpose of this study is to describe the strategies used by DKM Agung Jami' Malang City in fostering sakinah, mawaddah, warahmah families for converts and to describe the supporting and inhibiting factors of DKM Agung Jami' Malang City strategies in fostering sakinah, mawaddah, warahmah families for converts. To achieve the above objectives, the research was carried out with the type of research being a case study, the approach used in this study was a qualitative approach. As for the data sources in this study, DKM, who is the head of the Mualaf Center management at the Great Mosque of Jami' Malang City, penghulu, extension workers, treasurer kua, kua staff, and the administration. The method used is observation, interviews and documentation, then the data processing and analysis techniques are carried out in three stages, namely data reduction, data presentation and conclusion drawing. The results showed several DKM strategies in fostering sakinah, mawaddah, warahmah families for converts, namely through lecture strategies, demonstration strategies, individual approaches, settlement discussions. The supporting factors of DKM in fostering include: facilities and infrastructure, readiness of DKM time in providing guidance, the existence of a translation book guide, the existence of self-motivation, the motivation of other colleagues, and the inhibiting factors are the absence of an official structure, the absence of a place to work. specifically in conducting coaching, lack of awareness from converts' families, work and distance traveled. Things that need to be considered as suggestions are the need to establish a center converting institution with an official structure so that the guidance converts can be more focused and maximized in receiving material, it is necessary to have a recruitment system through electronic media owned by the Jami' Great Mosque institution.Kata kunci: Strategi, Dewan Kemakmuran Masjid, Keluarga Sakinah Mawaddah Warahmah, Mualaf
ISTRI KARIR PRESPEKTIF KESETARAAN GENDER DAN HUKUM ISLAM Siti Sa’adatul Kutsiyah; Ach. Faisol; Khoirul Asfiyak
Jurnal Hikmatina Vol 1, No 2 (2019): JURNAL HIKMATINA
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Wives who work outside the home will have a negative impact such as there is no harmony in the household, neglect of all household affairs, and seen from the gender side of the wife who is a woman considered inappropriate for work and career because it is considered to overtake nature. This type of research is a library reseach, the research method used is analysis using normative and syar'I approaches where the normative approach itself is defined as things that follow certain rules or norms and syar'i are the rules contained in the law Islam. This is what can be used as a reference for how religious norms look at wives who have careers. He idea of gender equality has been used to discriminate women. Some theorists believe that the solution is not to replace differences with similarities but to recognize important differences that exist in a woman and a man. in Islam itself the prohibition of a woman working or having a career does not exist as long as they do not deny her nature to keep running her reproductive system as a woman.Kata Kunci: Career wife, gender equality, Islamic law.
IMPLEMENTASI PELAYANAN PERNIKAHAN DI PANDEMI COVID-19 PERSPEKTIF MASHLAHAH MURSALAH (STUDI KASUS DI KUA KECAMATAN LAWANG) Syahrul Permana; Khoirul Asfiyak; Dwi Ari Kurniawati
Jurnal Hikmatina Vol 4, No 2 (2022): Jurnal Ilmiah Hukum Keluarga Islam (Ahwal al-Syakhshiyyah )
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

KUA, Lawang District, Malang Regency, by implementing provisions regarding marriage service procedures, which only received a response from the people of Lawang District, Malang Regency, there was acceptance and rejection of these provisions, the refusal was due to the limitation of the number of attendees who participated in the marriage contract process and the necessity to include negative documents for Antigen Swab, the public The reason is that KUA, Lawang District, Malang Regency makes it difficult for people to register marriages.This study uses a qualitative approach and the type of research used is empirical juridical. In using descriptive methods, researchers can study and understand the state and condition of an object through proper interpretation through interview, observation and documentation techniques. The results of the first study were the procedures for marriage services during the Covid-19 pandemic at the KUA, Lawang District, Malang Regency, in accordance with the Circular of the Director General of Islamic Community Guidance No. P-001/DJ/HK.III.007/07/2021. While the results of the second study of marriage services in the Covid-19 pandemic at KUA, Lawang District, Malang Regency, the perspective of mashlahah murslah aims as a form of maintaining a number of foundations for the welfare of mankind, especially in Indonesia through providing protection for them to fulfill the purpose of fulfilling hifzu din (maintaining religion), hifzu nafsi. (guarding the soul), hifzu aqli (maintaining reason) which is included in the main maqasid ash-shari'ah.  Kata kunci: Implementation, Wedding During a Pandemic, Mashlahah Mursalah 
PRESPEKTIF HUKUM ISLAM TERHADAP TRADISI BELIS DALAM PERKAWINAN ADAT MASYARAKAT DESA KOTODIRUMALI KECAMATAN KEO TENGAH KABUPATEN NAGKEO PROVINSI NUSA TENGGARA TIMUR Ismail S. Arsyad; Khoirul Asfiyak; Dwi Ari Kurniawati
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

It is undeniable that marriage  is a sacred process wich for some residents in the territory of Indonesia, always  includes the practice of traditional customs in it. The community of  Kotodirumali Village, Keo Tengah District, Nagekeo Regency, East Nusa Tenggara is no exception who have a special term or designation in the practice of traditional marriage customs known as Belis. This study  present problems and perspectives  that are tudied  in terms of concepts and behavior  in the social and cultural world throught qualitative research methods with descriptive research types. The results of the study show that, First, Belis includes the form of offerings from the groom’s family to the brde’s family, also includes all forms of a series  of traditional tradition, broadly referred to as Belis. Second, the Belis tradition in marriage does not interfere in the slightest with the legal status of validaty of the marriage. Third, there is no pracitece of the Belis tradition in marriage that deviates, or contradicts the conditions stipulated in Islamic law as a limitation in carrying out all forms of traditional practice.  Keywords: Belis, Marriagge, Tradition
AKIBAT HUKUM (IMPLIKASI YURIDIS) PERKAWINAN BEDA AGAMA PERSPEKTIF PASAL 2 JO PASAL 21 UNDANG-UNDANG PERKAWINAN NO 1 TAHUN 1974 Muhammad Nafis; Khoirul Asfiyak; Dwi Ari Kurniawati
Jurnal Hikmatina Vol 1, No 2 (2019): JURNAL HIKMATINA
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Indonesia has different: culture such us group and ras, many factors  Indonesia has different culture, the fortos is the geografi situation, because the high factor has many style. After all, even though it must have been really bad for men who were visited by men and women who were living in some place. The problem of married with the other religion is still a polemic,  in the reality of people’s lives the practice of interfaith marriage in Indonesia can’t be avoided, while the implementation of interfaith marriage it self in community is relate very difficult. In the conception of Indonesia law, the  problem of marriage has been regulated nationally, in law number one of concerning marriage, which is officially valid from the date of promulgation, in 2 of January 1974. Then became effective in 1 october 1975 though regulation the government of republic Indonesia No. 9 of 1975 concerning the implementation of number law 1 of 1975 concerning marriage. The purpose of this research how to find the legal impact (juridical implication) of interfaith marriage in the perspective  of article 21 of marriage law no 1 of 1974. This research is a library research that is legal  normative legal research, using several approaches, is the legislative approaches other related approaches to regulation. The research specification in this paper are descriptive analytical in nature, so that later in the expected to be able to know the implementation of inter faith  marriage to compherensive frame of law number I of 1974 concerning marriage. The result of this research that law no 1 of 1974 concerning marriage, there are no stret rules for inter faith marriage in Indonesia.  So that this raises a polemic in understanding and the implementation , even relatively inconsistent this can be show in article 2 paragraph (1), article 8 letter (f) and article 21 paragraph (3) and (4) number one of 1974 years concerning marriage. Keyword : Interfaith Marriage, The validity of marital law, Law No. 1 of 1974. 
PERAN ISTRI SEBAGAI WANITA KARIR DALAM MEWUJUDKAN KEHARMONISAN KEHIDUPAN RUMAH TANGGA DI DESA WAJAK KECAMATAN WAJAK KABUPATEN MALANG M. Anwar Fuadi; Khoirul Asfiyak; Humaidi Kaha
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

 The role of a wife is to serve her husband and raise children and be the main madrasa for a child. As for being a wife, it is not forbidden to have a career in the field. With the existence of gender justice, this causes justice for a woman to be able to have a career. However, Islam still respects and upholds the status of women. In Islamic teachings it does not prohibit women from having a career or working outside the home on condition that they do not neglect their obligations as housewives and do not violate the rights of their husbands or exceed the limits of their husband's leadership. The main goal in carrying out the role of being a wife and being a career woman in realizing harmony in the household is also based on mutual understanding, openness, trust in each other and being able to divide time appropriately. With the rights and obligations of husband and wife so that it appears the relationship between the two, namely between husband and wife, they must complement each other in various problems in the household
PERBANDINGAN PEMBAGIAN HARTA WARIS DALAMPERSPEKTIF HUKUM ISLAM DAN HUKUM ADAT Iswawan Sulaiman; Ibnu Jazari; Khoirul Asfiyak
Jurnal Hikmatina Vol 1, No 2 (2019): JURNAL HIKMATINA
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Islamic inheritance law is a rule that regulates the transfer of property from a deceased person to another person to give property to an heir who is part of obtaining inheritance according to the portions that have already become a portion that will divide to the heirs given by the heir. "In our country, the Republic of Indonesia, the applicable national inheritance law has not been formed until now there are three types of inheritance law that are valid and accepted by Indonesian society, namely Islamic law, customary law and European civil law (BW)." (Jazari, 2019: 31) . The form of the inheritance legal system is very related to the system of people who still have family characteristics. In the family system there are still links with Indonesian people who are still based on lineage, which are related to lineage systems such as: Patrilineal, matrilineal and bilateral. However, customary inheritance law in Indonesia is still affected by the lineage system that is still valid in the regions of the community which still uses offspring systems in the form of pure patrilineal systems, alternerend matrilineal or bilateral (although difficult in Indonesia), and also there is a multiple unilateral system (dubbel-unilateral). This lineage system is influenced by the determination of heirs as well as inherited parts of the inheritance (both material and immaterial). The inheritance law in customary law is something that has a connection with the rules about the transfer of property from the deceased to those who are still alive in the distribution of family and relatives. But it has a difference in doing division. Kata Kunci: PerbandinganHarta Waris, Hukum Islam, Hukum Adat
KUALITAS PELAYANAN SISTEM INFORMASI MANAJEMEN NIKAH (SIMKAH) PADA MASA PANDEMI COVID-19 (STUDI DESKRIPTIF DI KUA KECAMATAN JUNREJO KOTA BATU) Abdul Rahman Haq al Alif; Khoirul Asfiyak; Shofiatul Jannah
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

In Circular Number: P-006/DJ.III/Hk.00.7/06/2020 Regarding Services Towards a Covid-Safe Productive Society. Wedding services during this pandemic require the bride and groom to register their marriage online via the simkah website. Based on initial observations, it was found that many people did not understand the procedures and mechanisms for online marriage registration due to the lack of socialization regarding this new policy and there is also an error on the simkah website. The formulation of the problem from this research is How is the Quality of Marriage Management Information System (SIMKAH) Services during the Covid-19 pandemic. This type of research is a case study with a descriptive approach, Data collection is done through passive observation, then by semi-structured interviews,and the documentation. Quality of Service of the Marriage Management Information System (SIMKAH) during the Covid-19 pandemic at the KUA, Junrejo District, the availability of facilities and infrastructure (Tangibles / Physical evidence) Having competent human resources (Reliability / Reliability) Serving fairly and putting the interests of the applicant first (Emphaty / Reliability) Concern) Receive criticism and facilities (Responsiveness / Responsiveness), carry out socialization to the community (Emphaty / Concern), do not charge service fees (Assurance / Guarantee)
Co-Authors Abd Razaq An-nafa`i Abdul Qadir Assagaf Abdul Rahman Haq al Alif Ach. Faisol Adi Sudrajat Ahmad Mudzakkir Ainus Said Alfian Wahyudi Ali Akbar Ruhullah Muhammadi Anggraheni, Ika Annisaa Ningrum Abdillah Anwar Sa'dullah Anwar Sa’dullah Anwar Sa’dullah Arief Ardiansyah Ayuni Lestari, Niken Azhar Haq Bahroin Budiya Baiq Wahdaniyah Binti Khoirun Ni'mah Binti Nur Aini Chalimatus Sa’dijah Dendi Kuswanto Dwi Ari Kurniawati Dwi Wasilah Wati Dzulfikar Rodafi Eko Nasrulloh Eriskha Nur Subihatin Nisa’ Ertanti, Devi Wahyu Faisol Amin Fakhrudin, Syafrizal Faridatus Sa’adah Faridatus Sa’adah Fathurrahman Alfa Fita Mustafida Ghea Lintang Amour Vanryan Hanum Farahdiva Harun Albaritsi Hilda Ulil Aidiyah Muhid Humaidi Humaidi Ibnu Jazari Ika Ratih Sulistiani Imam Safi’i Indah Savira Dorojatul Hikmah Indhra Musthofa Ismail S. Arsyad Iswawan Sulaiman Jazari Kafihatul Jalaliyah Lailatil Faiqoh Lailiyatur Rohmah Lintang Yahya Liyatus Zahroh Lutfia Sefta Bramastia M Badrun Tamam M. Anwar Fuadi M. Faqih Mardhiah Abidahtus Farida Mar’atus Sholikah Mas Imam Roji Ma’rufa, Hanif Meylinda Rosyidah Moch Eko Nasrulloh Moh Murtadho Moh. Muslim Muh. Imam Mutaqin Muhammad Amrul Afifi Muhammad Firdausi Muhammad Hanief Muhammad Jefri Muhammad Mualimur Rifqi Muhammad Nafis Muhammad Sahlan Alhanani Hamid Muhammad Sulistiono Muslim, Moh Mutiara Sari Dewi Mutoharoh Mutoharoh Nabila Maya Dalillah Nova Elda Nur Hasan Nurfatah Zulmi Arif Rahman Nuril Khausumah Nursya’baniyah Nurdin Nurul Fidiyanti Nurul Hidayati Nurul Izza Husain Nuuril Huda Afrina Putri Wahyuni Rachmad Arif Ma’ruf Rina Husnul Qotimah Riyadu Sholikhah Rosichin Mansur Rukhuddin Maulana Fakhrur Rizal Shahila Nur Azizah Shinta Margaretta Shofiatul Jannah Sinta Dewi Nur Aviva Siti Masruchah Siti Sa’adatul Kutsiyah Sofiatul Mukarromah Syahrul Permana Syaiful Hidayat Syella Noverawati KS Wahyudi Setiawan Wirdatul Istiqomah Wulan Nur Diana Yorita Febry Lismanda Yuli Fitriani Yulia Kristanti Yuliatiningsih Yuliatiningsih Zahrah Salsabila zainul majdi Zuhkhriyan Zakaria