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All Journal Istinbath: Jurnal Hukum dan Ekonomi Islam Jurnal Pembelajaran Pemberdayaan Masyarakat (JP2M) An Nahdhoh Jurnal Kajian Islam Aswaja Jurna Ilmiah Hukum Keluarga Islam KOPEMAS
Humaidi Humaidi
Fakultas Agama Islam, Universitas Islam Malang
Religion Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurna Ilmiah Hukum Keluarga Islam

 1 
PENGARUH PERNIKAHAN DI BAWAH UMUR AKIBAT PERJODOHAN DARI ORANG TUA PERSPEKTIF HUKUM ISLAM DAN UNDANG-UNDANG NO. 1 TAHUN 1974 Yuliana Nurfadilah; Dzulfikar Rodafi; 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

Underage marriage is one of the social phenomena for people who are easy to be influenced by the culture of marrying or matching their children who are still small to maintain the honor of the family when he has not found his soul mate. According to Hanafiyah scholars, marriage is a contract that allows a man to have rights and use women's entire body to obtain satisfaction and enjoyment, in Law no. 1 of 1974 concerning the marriage that explained that marriage is a physical and spiritual bond between a person men and women as legal husband and wife in order to form a happy and eternal family based on God Almighty. Researcher using a qualitative approach. Strategies used in research The qualitative research discussed is a field research strategy or case study. The results of studyshow that the effect of underage marriage is due to arranged marriages These parents show positive and negative influences in the family because they can help ease the burden on the family and stay away from public gossip to maintain the good name of the family, and there are fights or incompatibility between couplesbecause they don't know each other and there are also difficulties economy in the household so that the family intervenes to help needs in his family.
DAMPAK PSIKOLOGI TERHADAP ANAK AKIBAT PERNIKAHAN SIRRI DI DESA MANCON KECAMATAN WILANGAN KABUPATEN NGANJUK Ahmad Mubbin; Dwi Ari Kurniawati; 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

Marriage is a matter that has wide implications in the legal relationship between husband and wife. With the marriage, a bond that contains rights and obligations arises. This paper chooses the type of qualitative research, the method used by the author is to see directly the phenomena in the field, summarize the data obtained, and arrange them according to research needs. Focus on objects with clear indicators and variables. Researchers use primary data that is generated directly from the field, observations and interviews with informants while normative library data or written rules are used as secondary data. Findings Their psychological impact on limiting their association with the people around them and their parents during a serial marriage was tested. When at school there is a report card taking, the mother must have taken it because the father does not have guardianship rights for the child. Some children also take social deviant actions such as taking part in illegal motorcycle races just for fun and an outlet because at home, their parents lack love. So they do things that are fun for themselves, don't see what they do as positive or negative.
TINJAUAN HUKUM ISLAM TERHADAP PERAN GANDA PEREMPUAN SEBAGAI ISTRI DAN PENCARI NAFKAH KELUARGA ( STUDI KASUS DI KELURAHAN CIPTO MULYO KECAMATAN SUKUN KOTA MALANG) A. Ridho Maulana Aziz; Humaidi Kaha; Dzulfikar Rodafi
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 dual role of a career woman is a woman who is involved in professional work activities. Generally, careers are pursued by women outside the home. So that career women are classified as those who take part in the public sector. But in the case of career women in Cipto Mulyo Village, Sukun District, Malang City. some work outside the home and some work from home. A career woman who has the obligation to manage the household as well as possible, helps her husband to work for a living because his husband's income cannot be sufficient for the family's economic needs, so they do not pay attention to their obligatory role as housewives as required women may work according to Yusuf Qardawi's theory of Islamic law. The formulation of the problem in this study is: a review of Islamic law on the dual role of women as wives and family breadwinners in Ciptomulyo Village, Sukun District, Malang City? How does Islamic law review the role of career women in educating children in Ciptomulyo Village, Sukun District, Malang City? The type of this research is qualitative research with a descriptive approach while the data collection technique uses observation, interviews and documentation. The analysis used is a deductive method. From this research, it can be concluded that the review of Islamic law regarding the dual role of career women in Ciptomulyo Village, Sukun District, Malang City, that the overall role of career women in improving the family economy and family welfare in Ciptomulyo Village, Sukun District, Malang City has fulfilled According to Yusuf Qaradawi, the conditions for women to work according to Islamic law are lawful work, behaving according to the Shari'a, the work does not make one negligent in being a housewife, and the work does not mix with men. Then in a review of Islamic law regarding the role of career women in educating children in Ciptomulyo Village, Sukun District, Malang City, the role of career women in educating their children is in accordance with Islamic law regarding education for children, namely education about reason, aqidah, morals, worship, and physical.
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
ANALISIS YURIDIS HAKIM TERHADAP KEDUDUKAN WALI DALAM PERMOHONAN PERKARA ISBAT NIKAH (STUDI PUTUSAN PENGADILAN AGAMA KABUPATEN MALANG Nomor 0991/Pdt.P/2019/PA.Kab.Mlg) Yudha Dwi Anggono; Ahmad Subekti; Humaidi Kahari
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 a sacred event that can form the smallest unit, namely the family, in this case it has the main joint for the development of a society, nation and state. Marriage is a sacred, strong and solid agreement to live together legally. Forming a family that is eternal, polite, caring, loving, peaceful and peaceful. In Indonesia, it is regulated according to Law no. 1 of 1974 concerning marriage and the Compilation of Islamic Law (KHI). The existence of a guardian as a pillar of marriage as contained in the thoughts of Malikiyyah, Syafi'iyyah and Hanabilah. Based on the decision of the Malang Regency Religious Court Number 0991/Pdt.P/2019/PA.Kab.Mlg, there has been a rejection of the case in which the applicant did not provide a clear reason for the guardian after his father was absent, namely his grandfather, in fact his grandfather is still alive. The focus of the research in the discussion of the proposed thesis is the position of the guardian, the analysis of the judge's considerations and the solutions offered by the judge to the case number 0991/Pdt.P/2019/PA.Kab.Mlg.
STUDI KOMPARATIF PANDANGAN IMAM AL-GHOZALI DAN IBNU HAZM TENTANG ‘AZL Hamdani Romdon; Ibnu Jazari; Humaidi 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

Islam is the religion that the majority of the population embraces the state of Indonesia, not only religion of worship, but also as a social system. Islamic law is very global in meet human needs and concerns. Islam too consider family planning issues factually and affectionate and has sponsored human plans invarious individual and social affairs, including the birth plana child.Al-Ghazali who adheres to the Islamic teachings of the Shafi'iyah madhhab in his book Ihya' 'Ulumuddin mentions that 'azl can be done without the consent of the wife. In addition to basing his argument on the hadith of the Prophet, Imam Al-Ghazali also discussed this issue from various aspects, especially from the biological aspect and the economic aspect.Unlike the case with Imam Ibn Hazm, most of his opinions are contrary to the Ulama'. Ibn Hazm who adheres to the Islamic teachings of the Zahiri school strongly opposes the implementation of the practice of 'azl on the grounds of "covered infanticide". With this statement, Imam Ibn Hazm strictly forbids the implementation of the practice of 'azl. 
RASIO LEGIS DISPENSASI USIA PERKAWINAN DALAM UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Farchan Anas; Fathurrahman Alfa; Humaidi Kahari
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 an inner and outer bond between a man and a woman as a happy and eternal husband and wife based on the One Godhead. This has been regulated in Law Number 16 of 2019 concerning marriage, which regulates marriage, one of which is the minimum age limit for marriage. However, this study focuses more on the ratio of the legal age of marriage dispensation according to the law. This study presents the problems and views that are studied in concepts and behavior in social life, namely qualitative research with descriptive research. Data collection techniques used are observation, interviews, and documentation. Based on this research, the results of the study show that, first, the age dispensation according to the Marriage Law is someone who wants to get married but is less than 19 years old. when the bride is not of that age, she can apply for dispensation to the religious court. Two, the comparison of this marriage law is, the difference in the minimum age limit for marriage of prospective brides from 16 years to 19 years as stated in article 7 paragraph (1) but this change has caused a lot of polemics in the community.
FENOMENA MENINGKATNYA KEHAMILAN DI LUAR NIKAH AKIBAT BELIS DI KOTA MBAY KECAMATAN AESESA KABUPATEN NAGEKEO PROVINSI NUSA TENGGARA TIMUR Yusril Mandar; Ahmad Subekti; Humaidi Humaidi
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

In Mbay Flores, East Nusa Tenggara (NTT) province, the dowry or what they call it belis is very high. Belis is calculated so expensive, the range of dowry that must be prepared by the groom from 80 million to 120 million, depending on educational background and social status. And this makes the people (youth) in Mbay object to the large and expensive burden of buying and selling. This causes a lot of marriages outside of marriage. Between dowry or what they call belis is closely related to the systematic life of society. This means that if there is no belis, it means that there is no marriage. Belis, or commonly known as a dowry at weddings in other cities in Indonesia, is usually given the equivalent but not so in the Mbay Flores community, East Nusa Tenggara. Belis, which is also stated as a dowry, the amount exceeds the usual dowry. In the Mbay Flores community, the dowry or belis is sometimes even in the form of their livestock such as cows or buffalo and the most important thing is the Mbay traditional cloth "Lipha Dowik" a cloth with floral motifs typical of the Mbay custom. The formulation of the problem in this study: 1) How is the conception of Islamic law related to pregnancy out of wedlock in Mbay Flores, East Nusa Tenggara? 2) Does belis affect the increase in pregnancy out of wedlock in the Mbay Flores community, East Nusa Tenggara? 3) How to determine the number of belis in the marriage of the Mbay Flores community, East Nusa Tenggara? . The approach used is descriptive qualitative with the type of phenomenological research, with the methods of observation, interviews, and documentation. Kata kunci: Phenomenon, Pregnant out of wedlock, Belis
FENOMENA NIKAH SIRRI DITENGAH MASYARAKAT: STUDI KASUS DI DESA SEKOTONG TENGAH KECAMATAN SEKOTONG LOMBOK BARAT Sulsi Suparwadin Anwar; Ahmad Subekti; Humaidi Adi Kahari
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

Sirri marriage is a legally valid marriage because it fulfills the pillars and conditions of marriage. However, because there is no written evidence in the form of a marriage certificate, it is still illegal under state law. The implementation of sirri marriages will have an impact in the future in their marital affairs in the form of child custody, property rights in the event of divorce in the future. Covering the area that the author will examine, the middle Sekotong village, Sekotong sub-district, West Lombok, there are still many marriages that are carried out in a sirri. The actions taken by the people of the village of Sekotong Tengah, Sekotong sub-district, West Lombok, must be based on the factors that cause them to carry out sirri marriages. The results of the study show that: (1) The implementation of sirri marriage is carried out according to the customs that apply in sekotong Tengah. Some of the Facts and Reasons for Sirri Marriage in Indonesian people's lives, are reality, the reasons ranging from the high cost of registering marriages to personal reasons that must be kept secret. The wedding will be held as usual, inviting many people from relatives to neighbors. The event is carried out the same as a wedding in general, except that it is not registered with the KUA. (2) The factors that cause unregistered marriages, there are many reasons why the marriage was carried out, namely: Because it was an application. To save costs and avoid administrative procedures that are considered cumbersome. Because the future wife is already pregnant out of wedlock. One of the bride and groom is not old enough to get married through KUA. (3) the impact of sirri marriage is: for the wife, it is not legal in the eyes of the law, automatically will not be able to get an inheritance from her husband and cannot also sue her husband because he is not given a living. For his son, his father's name could not be written on the birth certificate, and others would doubt if he had a real father. As for her husband, he will feel free in the eyes of the law, because there are no dependents on his wife and children.
Co-Authors A. Ridho Maulana A. Ridho Maulana Aziz Ahmad Mubbin Ahmad Subekti Alif Hadi Saifulloh Anam, Ahmad Gautsul Devi Juni Wardani Dwi Ari Kurniawati Dzulfikar Rodafi Farchan Anas Farhana Farhana Fathurrahman Alfa Fitrah Sugiarto Hamdani Romdon Jazari Khairunnisa Khairunnisa Khoirul Asfiyak M Badrun Tamam M. Anwar Fuadi M. Husni M. Zulqifli Akbar Mar'atus Sholikah Mauliddan Mauliddan Putri Nailatul Iqna’ah Qurrota A’Yunnisa Rahmatia N Mahalil Rani Maysaputri Retno Agus Winanti Robit Haris Sauqi Rossa Meilynda Salma Lailatussiam Siti Nur Khoiriyah Sofwatur Rohman Sulsi Suparwadin Anwar Syafrizal Syafrizal Wahid Wahid Yudha Dwi Anggono Yuliana Nurfadilah Yusril Mandar Zulfikar Rodafi Zurida Islaha