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STRATEGI PENGHULU DALAM RANGKA MEMBENTUK KELUARGA SAKINAH MAWADDAH WARAHMAH MELALUI KHUTBAH NIKAH (STUDI KASUS DI KUA LOWOKWARU)STRATEGI PENGHULU DALAM RANGKA MEMBENTUK KELUARGA SAKINAH MAWADDAH WARAHMAH MELALUI KHUTBAH NIKAH (STUDI KASUS DI KUA LOWOKWARU) Meylinda Rosyidah; Khoirul Asfiyak; Dzulfikar Rodafi
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

Generally, the marriagee sermon only provides advice to the bride and groom and the people present to achieve the goal of forming a sakinah mawaddah warahmah family. This study aims to describe the strategy used by the head of the KUA Lowokwaru Malang to distribute knowledge in building a sakinah family through marriage sermons and describe the inhibiting and supporting factors in delivering the marriage sermon. This research used a qualitative approach. The type of research was a case study whose respondents were through data collection such as observation, interviews, and documentation. This study indicates that the strategy of the head of KUA Lowokwaru Malang in forming a sakinah family is through marriage guidance, routine counseling by BP4, and the sakinah heritage program through interpersonal communication strategies and the use of good language. Supported by the penghulu's knowledge in delivering the marriage sermon. Moreover, the inhibiting factors are the personality of the different penghulu and constraints on the number of marriages. The conclusion of this study is to look at the condition of human resources at KUA Lowokwaru. It is necessary to hold a more in-depth briefing and add more professional human resources to implement the sakinah family coaching program.Keywords: Strategy, sakinah family, marriage sermon
IMPLEMENTASI PENYELESAIAN PERKARA BERBASIS E-COURT DAN E-LITIGASI MENURUT PERMA NOMOR 1 TAHUN 2019 (STUDI KASUS DI PENGADILAN AGAMA MALANG) Mar’atus Sholikah; 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

E-court is a court instrument as a form of service to the community in terms of online case settlement. The Malang Religious Court is a court that has implemented e-court since November 28, 2018 which initially referred to RERMA number 3 of 2018 and changed to PERMA Number 1 of 2019, but the Malang Religious Court has not yet received an e-court award certificate, thus raising the purpose of research to to describe the implementation of e-court and e-litigation, and to describe the application of e-court in realizing case administration services effectively and efficiently. This study uses a qualitative approach and the type of case study research, data collection techniques used are non-participant observation, semi-structured interviews and documentation. The results of the study show that the process of implementing e-Court and e-litigation is already running according to where the account creation process for Other Users is carried out in court and for Registered Users it is carried out independently via the web, case registration is online, down-payment of fees that have been detailed automatically in e-court, summoning the parties for a trial, and conducting the trial until the decision. And the application of e-court in realizing case administration services effectively and efficiently, namely: realizing the simple principle, the fast principle, the low cost principle in litigation.
ANALISIS PERTIMBANGAN HAKIM TERHADAP PUTUSAN SELA DALAM PERKARA ISBAT NIKAH NO. 1009/Pdt.P/2018/PA.Kab.Mlg. Ali Akbar Ruhullah Muhammadi; Ibnu Jazari; Khoirul Asfiyak
Jurnal Hikmatina Vol 2, No 1 (2020): Jurnal Ahwal Syakhsyiyyah
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Tussen Vonnis (Interlocutory Verdict) is a term used for decisions rendered still in trial before the final verdict. This term can be traced since the Dutch legal period listed in Rechtsreglement voor de Buitengewesten (R.Bg.) and Het Herziene Inlandsch Reglement (HIR). Over time and the increasingly rapid development of law in Indonesia so that the term stipulation for cases (voluntair) in addition to the term that has been used is the decision for the case (contentious). In the study of this interim decision, the researcher used a familiar methodology, namely a qualitative research method. The analysis technique used is descriptive juridical analysis which will clearly analyze legally how the term interlocutory verdict is actually not appropriate to use in this case (voluntair) so it is necessary to bring up the term interlocutory determination, thus it is in accordance with judicial logical thinking. Tussen Vonnis (Interim Decision) is term Keywords: interlocutory verdict, judges consideration, juridical analysis
PERAN ISTRI SEBAGAI WANITA KARIR DALAM MEWUJUDKAN KELUARGA SAKINAH STUDI KASUS DESA TUMPANG KECAMATAN TUMPANG KABUPATEN MALANG Indah Savira Dorojatul Hikmah; Khoirul Asfiyak; Moh. Muslim
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

Women are half of the community, even women are also a male partner in living household life. The study of women is quite interesting to investigate until this era. The family is a domestic group that is bound to each other by marriage and legal ties. As for the research used by the researcher, it uses a qualitative approach and the type of research is a case study. The main results of this study are about the factors that cause a wife to choose a role as a career woman and the steps of a wife as a career woman in realizing a sakinah family. Besides that, here we also discuss the positive and negative impacts of the wife's role as a career woman
PANDANGAN TOKOH MASYARAJAT TENTANG KAFA’AH SEBAGAI DASAR MEMBANGUNG KELUARGA SAKINAH DI DESA PATOKPICIS KECAMATAN WAJAK KABUPATEN MALANG Muhammad Amrul Afifi; Khoirul Asfiyak; Shofiatul Jannah
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

Every human being certainly cannot live alone without other humans, therefore humans were created in pairs. God arranges it in marriage. Marriage is an inner and outer marriage between a man and a woman as husband and wife with the aim of forming a lasting and eternal family based on the One Godhead. Generally people will want an eternal marriage and (sakinah), because this is the main goal of a marriage, a sakinah family will foster peace in the heart, a sakinah family can be achieved by determining kafa'ah before marriage, kafa'ah is between candidates for marriage. husband and wife, the event covered several things including wealth, social level, religion, and descent. By determining kafa'ah before marriage, it is hoped that it will facilitate the achievement of the ideals of the sakinah family which is a dream for every human being and can minimize the existence of long squabbles and can prevent divorce.Kata kunci: Views of comunity leaders, kafa’ah, sakinah family
ANALISIS HUKUM ISLAM TERHADAP FATWA MAJELIS ULAMA INDONESIA NOMOR 02/MUNAS-VIII/MUI/2010 TENTANG NIKAH WISATA Eriskha Nur Subihatin Nisa’; Khoirul Asfiyak; Moh. Muslim
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

Humans are social creatures who have in common to live in pairs between men and women. Marriage is the inner and outer bond between men and women as husband and wife, and the purpose is to establish a happy and eternal family based on Almighty God, as stated in Article 1 of the law. RI. Law No. 1 of 1974 on Marriage. With regard to marriage in Indonesia, marriages still exist between foreign Muslims and indigenous Muslim women who are married in accordance with current regulations. This is the reason to analyze the practice of tourist marriages that occur and to find out how the MUI fatwa on tourist marriages is from the perspective of Islamic law. This research was conducted by reviewing the MUI fatwa No 02/MunasVIII/MUI/2010  tourist marriages, to find out how MUI stilpulates fatwa, as well as an understanding of the community towards the law of marriage. The method used in this study is library research, and its nature is to use deductive thinking methods for descriptive analysis. And the result of this research is a form of mut’ah marriage which is haram and this is included in the category of new problems because the discussion is not found in classical fiqh book. Keywords: Analysis, Fatwa, and Marriage Tourism
PERAN LEMBAGA PENDIDIKAN PRA-NIKAH DALAM PENCEGAHAN TINGGINYA KHULU’ PADA RUMAH TANGGA ISLAM ( Studi Kasus Pada Lembaga Pendidikan Pra-Nikah di Kota Malang: Klinik Nikah ) Zahrah Salsabila; 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

Khulu's divorce during the COVID-19 pandemic in Malang City is very increased. The main cause of lack of communication, and constant disputes. Therefore, it is recommended to take pre-marital education. Divorce is common, from time to time and this issue turns into an interesting issue to observe. Therefore, it is important to have a pre-wedding educational institution to provide education for prospective brides. The observed method usedIs quantitative. This is part of this field research strategy or case studyThe subjects were the Malang Marriage Clinic Education Institute employees and 5 alumni of the institution. Data is obtained by using data reduction, data presentation, and drawing conclusions or verification during the observation. The results of this observation indicate that the COVID-19 pandemic impacts divorce due to abnormal family and continuing differences of opinion. Keywords: Pandemic Covid-19, Divorce, Khulu’, Marriage Clinic Education
TINJAUAN HUKUM ISLAM TENTANG ZAKAT OBLIGASI MENURUT PEMIKIRAN FIQIH YUSUF QARDHAWI M. Faqih; Khoirul Asfiyak; Nur Hasan
Jurnal Hikmatina Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

AbstrackAs human beings, human beings cannot be separated from social life, one of which is in zakat activities. Zakat in Islam is the right of the poor who are found in some rich people's wealth. Along with the times, the modern economy is also growing. The emergence of these bond transaction instincts many fiqh scholars still debate about zakat which must be issued for bond transactions. The purpose of this study is to describe the view of Islamic law regarding the zakat of bonds and to describe the thoughts of Yusuf Qardhawi about zakat on bonds. As for getting maximum results, the type of research used is library research, while the method used is descriptive and comparative. In this study, Yusuf Qardhawi assumed that stocks and bonds are analogous to commercial assets, which are potential to develop, so from that the provisions of zakat law are equated with commercial assets without differentiating between stocks and bonds in the enforcement. The provisions of the Nisab are 84 grams of gold or 588 grams of silver from the capital and the proceeds, or added with other assets and the amount of zakat that must be issued as much as 2.5%.  Kata Kunci: Zakat Obligasi, Obligasi Menurut Hukum Islam.
DASAR YURIDIS SOSIOLOGIS PENGESAHAN RUU NO 16 TAHUN 2019 TENTANG BATAS USIA MENIKAH BAGI LAKI-LAKI DAN PEREMPUAN Wahyudi Setiawan; Khoirul Asfiyak; Nur Hasan
Jurnal Hikmatina Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

AbstractBackground :marriage law number 16 year 2019 is the end result of the long dialogue of the Indonesia people regarding marriage law, wich has been carried out from 1950 to 2019 the purpose of the ratification of law number 16 of 2019 on marriages is to make social changes and foster marital behavior in the community,wich at that time tended to harm women and children, because of the number of underage marriages, ratification of law number 16 year 2019 concerning marriage can not be separated from law number 1 of 1974 concerning marriage in which the law is considered by a group of citizens as a law that discriminates against women because in article 300 the civil code states that children namely those aged 21 years, in the law childrens welfare law also states that children are those who are 18 years old, for this reason a group of citizens submitted a request for revision to the constitusional court (MK) so that the constitusional court gave an order to the House Of Representatives (DPR) to immediately revise the old marriage law to create a healthy marriage physically and spriritually.Keywords: Background, yuridicial marriage, marriage law,discrimination 
ANALISIS TERHADAP SUAMI YANG TIDAK MEMBERIKAN NAFKAH KEPADA ISTRI KARIR ( PRESPEKTIF HUKUM ISLAM DAN HUKUM POSITIF) Annisaa Ningrum Abdillah; 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

The marriage relationship between husband and wife will give rise to rights and obligations in both. In Islamic Law and Positive Law has been set about how these rights and obligations are clearly and in detail. One of the things that makes a husband's duty is about living. In the household, a husband is obliged to provide for his wife and family in the form of clothing, boards, and food. From time to time, there are many wives who work and even have a greater income than the husband so the problem arises whether the husband is still obliged to provide for the wife's career. Such questions will be discussed in this study. This research uses the library method by utilizing library resources to obtain research data. The results of this study concluded that husbands are still obliged to provide for wives even if the wife's career. And the husband and wife have their own rights and obligations that have been stipulated in the Positive Law and Islamic Law.Keywords: living, wife career, islamic law, positive law
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