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All Journal Irfani Jurnal Ilmiah Ahwal Syakhshiyyah (JAS) Jurna Ilmiah Hukum Keluarga Islam Vicratina : Jurnal Ilmiah Keagamaan
Ach. Faisol
Universitas Islam Malang
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PENDAPAT HAKIM MENGENAI EFEKTIFITAS UNDANG-UNDANG NOMOR 16 TAHUN 2019 PASAL 7 TENTANG DISPENSASI NIKAH DI PENGADILAN AGAMA KABUPATEN MALANG KELAS 1A Muhammad Fauzul Adhim; Ach. Faisol; Moh. Muslim
Jurnal Hikmatina Vol 3, No 3 (2021): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

This research explains the effectiveness of Law No. 16 of 2019 article 7 About marriage dispensation in The Religious Court of Malang District Class 1A and this research aims to find out how the application of Law No. 16 of 2019 article 7 about the dispensation of marriage and whether or not this Law has been effective. This study uses a qualitative research type with an empirical juridical approach. The results of the study showed that Law No. 16 of 2019 article 7 has not been effectively implemented due to the submission of marriage dispensation in the Religious Court of Malang District Class 1A increased after the enactment of Law No. 16 of 2019. The court has sought to enforce the law to the fullest extent possible to reject applications for marriage dispensation in trials and conduct regular socialization to the public every month in the hope of raising public awareness to comply with the rules and reduce the number of underage marriages.
ANALISIS YURIDIS TERHADAP PERTIMBANGAN HUKUM OLEH HAKIM PENGADILAN AGAMA KABUPATEN MALANG TENTANG DISPENSASI NIKAH (STUDI PENETAPAN NO. 1564/Pdt.P/2020/PA.Kab.Mlg) Mas Hadi Malik Al Mustofa; Ach. Faisol; Syamsu Madyan
Jurnal Hikmatina Vol 3, No 3 (2021): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

A judge in deciding a case must include considerations in the determination or decision that is produced. Legal considerations are also required in the case of a marriage dispensation application. This study aims to describe how a judge considers a marriage dispensation application submitted to the Malang Regency Religious Court to be granted or rejected. Also to find out how the juridical analysis of the determination resulted from these considerations. This research was conducted using qualitative methods. The results obtained by the researcher that the legal considerations by the Malang Regency Religious Court judges on the application for marriage dispensation are judges in handling marriage dispensation cases based on Supreme Court Regulation Number 5 of 2019. By referring to PERMA, it was found that the applicant was worried about the occurrence of something prohibited by religion if the child is not immediately married, because the applicant's child has been engaged to his partner for 2 years. The judge considered that both of them were ready to build a household, and if the marriage was not carried out immediately it would cause greater harm. The stipulation given also has basic legal values including legal certainty, justice, and benefit both to the parties concerned and to the community.
PADA PROSES PERNIKAHAN MASYARAKAT SUKU SASAK DALAM PERSPEKTIF ANTROPOLOGI HUKUM (STUDI DI DESA GONDANG, KABUPATEN LOMBOK UTARA) Ahmad Gautsul Anam; Ach. Faisol; Syamsu Madyan
Jurnal Hikmatina Vol 3, No 3 (2021): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Marriage is something that is very sacred in human life to unite two different people. Besides being believed to be sacred, marriage is a sunnah practice that is carried out in addition to carrying out descendants, it is also a form of worship. There are various kinds of traditions in the marriage process carried out in order to achieve the fabric of love and affection for the two people, that the marriage process is carried out with the demands of religious law and in a tradition that becomes a habit carried out by the local community in carrying out the marriage. The tradition is preserved and made a habit because it can become the identity of a region, and how the provisions of an area to overcome this. As with the marriage tradition found in North Lombok or Gondang Village in particular, that the tradition of returning home has various processes that are used as customs to obtain legal approval in accordance with applicable customary manners and cannot be separated from the guidance of Islamic teachings. So that a tradition can be preserved and made a habit in recognizing the identity of an area.
UPAYA MEWUJUDKAN KELUARGA SAKINAH DALAM PERNIKAHAN PERJODOHAN ORANG TUA (STUDI KASUS DI DESA WADAK KIDUL KECAMATAN DUDUKSAMPEYAN KABUPATEN GRESIK) Ahmad Fudloili; Ach. Faisol; 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

A study entitled "Efforts to Realize Sakina's Family through Parental Arranged Marriage (Case Study in Wadak Kidul Village, Sat Duduk Sanpeyan, Gresic Regency)". Arranged marriages  in marriages  in the village of Wadak Kidul  follow Islamic procedures before the  marriage  is completed. It is advisable to choose a potential partner called Kafaa. Called "Kafaa," a balanced or harmonious couple with an equal, similar, or-matched marriage in the realization of the Sakina family achieves harmony between the couple and promotes the relationship between the family  and the environment. I have been married. Researchers use qualitative research, and this type of research uses case studies. Data collection was based on observational surveys, interviews, and documentation. When it comes to marriage, in the village of  Wadak Kidul, matchmaking is the will of the parents, but the decision depends on the children getting married. What husbands and wives do  to build Sakina's family through matchmaking marriage is mutual trust and respect, and always love for their children.Kata Kunci: Upaya, Keluarga Sakinah, Pernikahan Perjodohan
KONSEKUENSI ABORSI TERHADAP HAK WARIS (ANALISA PEMIKIRAN PARA FUQAHA) Choiro Umi; Ach. Faisol; Syamsu Madyan
Jurnal Hikmatina Vol 1, No 2 (2019): JURNAL HIKMATINA
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

The Abortion case is one concrete example, that in Life today there is no denying, so many crimes that occur in the community. Especially crimes against children and women. Abortion has always been controversial among many people including in Islamic society and caused differences of opinion among the jurists in determining the law. This study aims to find out about the laws of abortion according to the scholars and the forms of punishment that will be accepted by abortionists and especially on the consequences of inheritance. Because to prevent the rampant crime, it is necessary to add learning about this problem so that people are aware of crime. This thesis uses the Normative or Library approach method (library researc). Namely research by collecting data and information with the help of various references contained in the library space that are related to the consequences of abortion on inheritance rights (analysis of thoughts of the jurists). This research is descriptive-analytic by describing and analyzing carefully the consequences of abortion on inheritance rights (analysis of reasoning of the jurists). Kata Kunci : Aborsi, Waris, Para Fuqaha
PERNIKAHAN DI BAWAH UMUR DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM PERDATA (STUDI KASIS MASYARAKAT SASAK DESA LABUAN TERENG LOMBOK BARAT) Khairillah Khairillah; Ibnu Jazari; Ach. Faisol
Jurnal Hikmatina Vol 1, No 2 (2019): JURNAL HIKMATINA
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Underage marriage is not a new phenomenon, but what must be considered and observed in conducting a marriage like this is that the marriage will form a harmonious household or it will only end in things that are not desirable, because marriage is a relationship that must be fostered seriously and mental maturity and mental and physical readiness both in terms of cyclical and psychological in order to form a harmonious household. In Law number 1 of 1974 concerning marriage, it is explained that the minimum age of 19 years old men and women have reached the age of 16 years old may be married, the minimum age limit for a person to hold a marriage is regulated because to have marriage must have readiness and soul mature body so that the achievement of household harmony as the goal of marriage is the formation of an eternal family. In general, underage marriage does not go well and does not achieve household harmony because in addition to mentally and physically from a cyclical and psychological perspective that is not ready, it is also unprepared to bear the burden of the household and not ready to become parents, due to disharmony the ladder finally the marriage that has been built does not last long or ends with divorce, as happened in the Labuan Tereng Village community whose average marriage because it is not enough according to the Law ends in divorce, even though the marriage is valid according to the Islamic religion , mumayyiz, can be responsible and harmonious and the legal requirements for marriage are fulfilled, but the impact of the marriage also needs to be considered for the good of both parties. Therefore this study aims to find out underage marriage laws, the factors behind the occurrence of underage marriage, and the impact of underage marriages that occur in the Sasak community of Labuan Tereng Village.Kata Kunci: Pernikahan dibawah umur pada masyarakat sasak Desa Labuan Tereng, 
ANALISIS PUTUSAN VERSTEK DALAM PERKARA PERCERAIAN STUDI KASUS DI PENGADILAN AGAMA KABUPATEN MALANG Fiki Fathur Rochman; Ach. Faisol; Dzulfikar Rodafi
Jurnal Hikmatina Vol 1, No 2 (2019): JURNAL HIKMATINA
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Divorce has become a problem in family life when a legitimate bond has run aground amidst travel in the family. In this case, seeing many divorce cases in the Malang District Religious Court, the researchers also looked for the problem side, not the problem of divorce, using the verdict. Decisions that have been dropped by the Judge to the second party who are litigating by the Defendant are also the Respondent. The researcher was more interested in the verdict seen from the absence of the parties in this case the Verstek ruling. Where this Verstek ruling was seen from the absence of the Defendant in the trial. So the type in this study uses Kaulitative research using interview methods and documentation. In his case the Verstek verdict in the Malang District Religious Court obtained high results from the hard work of the research proving April 2019 data from 687 The verdict that the Verstek decision reached 442 Verstek Decisions. This shows a very high number can be further about the factors associated with the Defendant's absence.Kata Kunci : Perceraian, Putusan, Putusan Verstek
Perlindungan Anak Di Luar Nikah Dalam Perspektif Hukum Islam Dan Hukum Positif Adzimatul Khusnah; Ach Faisol; Moh Muslim
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

 AbstrakThe results of the study concluded that according to decision of the constitutional court No. 46/PUU-VIII/2010 which equates the legal status between a legal child and an extramarital child in connection with civil law. In Islamic law and positive law, parents both have the full obligation to care for and protect children. The safi’I school and the Hanafi school of law allow the marriage of pregnant women out of wedlock, because according to them there are no iddahs for pregnant women. According ti Imam Maliki and Imam Hambali, they both agreed that the status of the child out of wedlock was only for the mother and her mother’s family. That is because men are not allowed to marry pregnant women out of wedlock. Kata Kunci: Perlindungan Anak
STUDI ANALISIS TENTANG HUKUM ADOPSI ANAK PERSPEKTIF KITAB AL-FATAWA KARYA SYAIKH MAHMUD SYALTUT DAN KOMPILASI HUKUM ISLAM (KHI) Moh zainun Najib; Ach. Faisol; Dwi Ari Kurniawati
Jurnal Hikmatina Vol 3, No 3 (2021): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

This study aims to describe the concept of adopted child status from the perspective of the book of Al-Fatawa by Sheikh Mahmud Shaltut and its relevance to the context of Islamic law applicable in Indonesia (KHI). This type of research is library research with a qualitative approach. The primary data source used in this study is the book of Al-Fatawa by Sheikh Mahmud Shaltut. While the secondary data sources are books, books, journals, and books that are related to what the author is discussing. The data collection technique in this research is documentation. Then analyzed with content analysis techniques and contextual analysis. The findings of this study are that the adoption of children is sunnah or allowed, but it is not allowed if it is decided that the lineage is with the biological parents and the adopted child has the same position as the biological child of the adoptive parents. The status of an adopted child according to Shaykh Mahmud Shaltut and KHI is not to decide on lineage with his biological parents, the child's status is still a biological child for his biological parents. The legal impact of adopted children in the inheritance of Islamic law does not include heirs, as well as according to Sheikh Mahmud Shaltut in Kitab Al-Fatawa, as for the alternative in getting a share of the inheritance of the adoptive parents by way of a will. In the Indonesian context, Islamic law regarding the status of adopted children in the book al-Fatawa by Mahmud Shaltut has relevance to the Compilation of Islamic Law (KHI) located in Article 171 (h).
HUKUM ISLAM DAN HUKUM POSITIF: ANALISIS TERHADAP TINDAK PERSEKUSI (STUDI KASUS DI DESA KEDUNGBOTO KECAMATAN BEJI KABUPATEN PASURUAN) Ahmad Mudzakkir; 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

The aim of this study is to find out the problems in cases study of persecution in which focus of the research as follow; 1) the process of persecution 2) analysis of persecution and 3) factors leading persecution.  To make specify goal, this study employs a qualitative approach, and the type of research is a case study. The results of this study, 1) the persecution in Kedungboto village is an action that often occurs and begins from the societies’ unconsciousness towards the law, so it appeared giving rise to vigilante actions, 2) the persecution started from the community and motivation needs to be grown to obey existing regulations. Thus, there is no arbitrary action, and 3) the factor leading persecution occurred due to the lack of awareness of the law and the limited the beliefs of society toward law enforcer. This makes the society become accustomed and often done. Kata Kunci: Hukum Islam, Hukum Positif, Tindak Persekusi
Co-Authors A.Herly Fanisbet Abd Wafi Abdul Jalil Abdul Jalil Abdul Jalil Abid Sohih Ach Baidlawi Bukhari Achmad Egi Nurkholis Adi Sudrajat Adzimatul Khusnah Ahmad Fudloili Ahmad Muchyidin Asad Ahmad Mudzakkir Aldy Candra Andriyansa Aliy Ahmad Anam, Ahmad Gautsul Anwar Sa’dullah Atika Zuhrotus Sufiyana Atika Zuhrotus Sufyana Chalimatus Sa'dijah Choiro Umi Devi Pujiyanti Dia Ayuni Lestari Dwi Ari Kurniawati Dyah Latifatul Husna Dzulfikar Rodafi Ertanti, Devi Wahyu Farhana Nur lailita Faridatus Sa’adah Fathurrahman Alfa Fiki Fathur Rochman Fina Maulani Wahdah Humaidi Humaidi Ibnu Jazari Iin indrawati Indhra Musthofa Jamzuri Malik MD Jazari Khairillah Khairillah Khoirul Asfiyak La Aliman Aririn Sampulawa Lidia Sandy Kartika Marniati Dwiputri Sudirman Mas Hadi Malik Al Mustofa Masruhan Zamil Miftahul Alifah Ardiyana Moch. Eko Ikhwantoro Moh Yajid Fauzi Moh zainun Najib Moh. Eko Nasrullah Moh. Muslim Muhammad Fauzul Adhim Muhammad Ro’uf Muhammad Sulistiono Muhammd Zulqifli Akbar Mutiara Sari Dewi Nanda Rizkiya Putra Nila Rosyidah Nindya Angi Gayo Nur Hasan Nur Hikmah Nurhasan Nurhasan Nurul Hikmah Poppy Nafasati Sugiharto Qurroti Ayun Renda Anggrahini Rizka Maulidiyanti Rosichin Mansur samsia samsia Shofiatul Jannah Silfia Afriani Siti Sa’adatul Kutsiyah Syamsu Madyan Tathaka Wisada Putra Tulungagung Uswatun Hasanah Venny Rahmalia Silvana Yusfia Arifatul Azizah Zakiyah Nur Aini