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All Journal Jurnal Kesehatan Lingkungan indonesia Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang JURNAL HUKUM dan KENOTARIATAN Pendidikan Multikultural An-natiq Jurnal Kajian Islam Interdisipliner Jurna Ilmiah Hukum Keluarga Islam
Dwi Ari Kurniawati
Universitas Islam Malang
Religion Education Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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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. 
HAK WARIS ANAK DI lUAR NIKAH PERSPEKTIF HUKUM ISlAM DAN HUKUM POSITIF Lena Ananda; Dwi Ari Kurniawati; 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

Abstract            In essence, children born out of wedlock usual ly get the nickname of adultery or illegitimate chilldren. and thus can cause psychological disturbances against the child, although legally the child also has legal consequences from the actions carried out by both parents. But there are some problems for people who are pregnant outnofgwedlocknincluding the termination of nasab for the child to his biological father and the termination of the inheritancenofochildrennbornkoutnof wedlock. with regard to children outside ofnmarriage canobenseenfromnthe position ofnchildren born out ofowedlock itself. whereas in Islamic law and positive law there is a rule that a child out of wedlock is entitled to his rights, for example his right otonin her it ufromo his biological fathernby means of his biological mother and father engaging in legal marriage according to religion and the State, there will be there is an inheritance right from his biological father in the form of compulsory testament that is equal to l/3 of his assets, and as biological father must meet the needs and rights of the child.Keywords: inheritance right of children, Islamic law, positive legal. 
PENGARUH DISPENSASI NIKAH TERHADAP TERBENTUKNYA POLA PIKIR MASYARAKAT DI KECAMATAN TUTUR KABUPATEN PASURUAN Jazilatul Atoya Fauzia; Ibnu Jazari; 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

The number of requests for dispensation of marrige for underage marriages that have occurred has rasulted in many mindseats being formed, Which have resulted in decreased education due to underage marriages. From this phenomenon, the researcher wants to know the effect of marriage dispensation on the formation of the mindset of the community in Tutur District, Pasuruan Regency. The results of the study used a qualitative approach with the type of field reserch and data collection techniques used interviews, observation, and documentation. This is motivated by the fact that there are still many people who marry underage due to environmental factors, and also the concern of parents which then becomes the habit of the surrounding community. According to what happened in Tutur District, Pasuruan Regency.
TINJAUAN HUKUM ISLAM TERHADAP PERCERAIAN DENGAN ALASAN EKONOMI DAN KEKERASAN DALAM RUMAH TANGGA (Studi Kasus Di Pengadilan Agama Kota Malang 2019) Haijan Haijan; Ahmad Subekti; Dwi Ari Kurniawati
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

 According to the 1slamic law, the principle of divorce is preceded by certain causes of the husband of the wife  , this is in accordance with the opinion of imam  Hanafi  in his book usul   fiqih, that is, 1slamic law always follows its gods whether there are gods or gods. So what   if there is a god  , then the action isdemanded so that in accordance with  whatis desired, then if according to the rules of divorce can be punished.  Divorce is a fact that occurs between married cuples, due to differences in principles  that can not be united again through the way of life. Each retains its own will and desire.  Without trying to budge for the achievement of family  intergrity.  Unwillingness and inability to acknowledge the shortcomings of oneslf and  or others a trivial problem to become large so that it ends in divorce Keywords: divorce economic reasons and violence
PERNIKAHAN WANITA HAMIL PRESPEKTIF HUKUM ISLAM (Studi Kasus di KUA Kecamatan Lasem Kabupaten Remabng) Lailatul Maghfiroh; Dwi Ari Kurniawati; 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

From the background of the research, the researcher formulates how the implementation of marriage in the KUA, Lasem District, Rembang Regency, how the factors that cause pregnant women, and how pregnant marriages are carried out from the perspective of Islamic law. The method obtained in this study is the method of observation, interviews, and documentation. The primary sources in this study were interviews at the Office of Religious Affairs (KUA) Lasem District, Rembang Regency and the perpetrators of pregnant women. Secondary sources carried out by researchers were obtained in the form of the Qur'an, Hadith, and books related to this researcher. The result of this study is that the implementation of marriages for pregnant women in KUA, Lasem District, Rembang Regency is the same as the implementation of marriages in general. Factors for pregnant women out of wedlock in Lasem District, Rembang Regency, namely promiscuity in the cafe environment where they work, lack of parental attention. Marriage of pregnant women from the perspective of Islamic law, namely that there are fiqh experts who think it is legal and some are invalid, according to the Compilation of Islamic Law, pregnant women can be married but those who marry are men who get pregnant (Article 53 KHI)
PEREMPUAN SEBAGAI KEPALA KELUARGA PRESPEKTIF HUKUM ISLAM (STUDI KASUS DI KELURAHAN SUKOMULYO KECAMATAN LAMONGAN) Alif Hadi Saifulloh; Fathurrahman Alfa; Dwi Ari Kurniawati
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 as heads of families from the perspective of Islamic law. This research uses direct research located in the Sukomulyo Village. This type of research is direct, which aims to obtain a complex picture of reality and find patterns of interactive relationships. This research was conducted by describing and analyzing data expressed in the form of sentences or words, namely qualitative.The results of the research obtained are that women become heads of families not because of their own desires but are forced by circumstances, many factors are behind this case such as her husband has died, her husband doesn't want to work and doesn't even want to know about domestic life, and some are want to appreciate a form of ideals that have not been realized, on the other hand all these problems or problems certainly have an impact on children, such as children rarely getting a smile, not getting pocket money, and so on, according to Islamic law, activities that make women the head of the family are allowed as long as not leaving an obligation such as working outside with the husband's permission, working to cover the genitals and so on.
DAMPAK PERKAWINAN DI USIA DINI (STUDI KASUS DI DESA KEDAWANG KECAMATAN NGULING KABUPATEN PASURUAN) Yusrolana yusrolana; Fathurrahman Alfa; 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

Marriage is something sacred is worth worshiping to God, following the sunnah of the Prophet and carried out on the basis of sincerity and with a sense of responsibility. In Chapter 1 Article 1 of the Law of the Republic of Indonesia Number 1 of 1974 explains that marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on the One Godhead. The purpose of marriage as explained in the Qur'an is Ar-Rum verse 21 "And among the signs of His greatness is Allah created pairs for you of your own kind, so that you tend and feel secure to him, and Allah makes you among love and affection. Indeed, there are truly signs of God's greatness for those who think. The problems discussed in this article consist of two types, namely, how the factors of early marriage in Kedawang Village, and how the positive and negative effects of early marriage in Kedawang Village. In the step of getting the data in this study using by coming directly to the research site. For the method using qualitative descriptive methods. The results of this study were obtained by conducting observations, interviews, and documentation that showed that early marriage is still common, so that the marriage often has a negative impact, namely, in the form of divorce. The location of this study is located in Kedawang Village, Nguling District, Pasuruan Regency, East Java.Kata Kunci: Faktor, Dampak Positif Dan Negatif Perkawinan Usia Dini
PRAKTEK BUDAYA MERARIQ DALAM PERSPEKTIF HUKUM ISLAM (Studi Kasus Desa Tibu Sisok Kecamatan Janapria Kabupaten Lombok Tengah) Syaiful Anwar; Nur Hasan; 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

 The Sasak people recognize Merariq as a culture that initiates marriage, not applying for a girl through her guardian.  Marry ran a secret meeting with the girl and took her away at night to a hiding place.  The bridegroom sneaks out of his parents' house as planned and the groom is usually escorted by his family or close friends.  In some cases, the bride stays in her house and instructs the trustee to kidnap the woman in question for her.  This kidnapping is considered successful if the prospective bride and groom hide themselves in a secret place (usually infiltrating), usually at the home of one of the prospective patriletral relatives of the bridegroom.  Based on this context, the main problem of this research is how to practice merariq culture in the perspective of Islamic law.  And based on the main subject matter, the focus of this research is about the merariq cultural practices that exist in Lombok, the views of religious leaders and traditional leaders about merariq culture, and the views of Islamic law about merariq culture.  In this study researchers used empirical and juridical syar'i sociological approaches and qualitative descriptive types. Kata Kunci : Praktek Merariq, Perspektif, Hukum Islam
EFEKTIVITAS BIMBINGAN PRANIKAH TERHADAP PASANGAN CALON PENGANTIN DALAM MEMBENTbUK KELUARGA SAMAWA DI KUA KECAMATAN JUNREJO Riadhatun Nabila; Ibnu Jazari; 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

Problems in the household are often found in society, the causes also vary, strating from mistakes in the past before or after wading through married life. Divorce can occur due to lack of readinees between prospective married couples and less than optimal in conducting premarital guidance. In this study, researcher conducted research at KUA Junrejo District using descriptive research methods, namely case studies. At the premarital guidance program that implemented by the Junrejo District KUA institution in realizing a sakinah, mawaddah and rahmah family for the prospective bride and groom, the bride and groom have met the requirements set out in the Marriage Law, Religion and the decision of the Director General of Islamic Community Guidance. The effectiveness of premarital guidance for the prospective bride and groom in realizing a sakinah, mawaddah dan rahmah family has been effective, it can be seen from the existing criteria, that is the clarity of the goals to be achieved in the premarital guidance program, clarity og strategy, careful planning, good and appropriate preparation of guidance programs, effective and effecient implementation of premarital guidance, the existance of a supervisory system that is educative by the presenters of premarital guidance. Key Words: Effective, Guidance, Premarital, The Household
Co-Authors Abdul Wahid Ach. Faisol Ahmad Mubbin Ahmad Subekti Alfira Deviana Alif Hadi Saifulloh Annisaa Ningrum Abdillah Dewi Chafshoh Dina Khalidah Dzulfikar Rodafi Emy Ria Wahyu Fathurrahman Alfa Fathurrahman Alfa Ghea Lintang Amour Vanryan Haijan Haijan hairus hairus Humaidi Humaidi Husain Ainulfikri A. Bajuber Ibnu Jazari Inti Haul Khusna Ismail S. Arsyad Jazari Jazilatul Atoya Fauzia Khoiriyah Trianti Khoirul Asfiyak Lailatul Maghfiroh Lena Ananda Leny Septiani Mas Habib Syaifulloh Mirin Primudyastutie Moh Yajid Fauzi Moh zainun Najib Moh. Muslim Muhamad Safar Juniaddin Muhammad Nafis Mukhanad Khabib Mustofa Nur Hasan Nurfatah Zulmi Arif Rahman Pasiyan Rahmatullah Riadhatun Nabila Rini Rahayu Kurniati Septiya Dewi Andini Shofiatul Jannah Siti Marwiyah Solly Aryza sunardi sunardi Syafaatin Fransiska Yuliandra Syahrul Permana Syaiful Anwar Syaiful Hidayat Syamsu Madyan Wulan Nur Diana Yusrolana yusrolana