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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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ISTRI KARIER DALAM MEWUJUDKAN KELUARGA SAKINAH Emy Ria Wahyu; Ibnu Jazari; 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

AbstractIslam does not prohibit a wife from working outside the house, but must still pay attention to the things established by Islam and obtain permission from the husband. If a husband permits his wife to work outdoors, it means that there must be a commitment to help each other in the household chores and educate the child. To create a family of Sakinah in a career wife's household, must perpedomandengan the things that have been in the Qur'an and Hadist. It should also be based on the attitude of honesty, openness, and mutual trust. The purpose of the study was to know how to create a harmonious family and a sacnication in a career women's household in the Brigif dormitory of the 18th Jabung Raider. The methood  used is qualitative whereas the tipe of research that is the casse study in the Brigif dorm of the Raider 18 Jabun. To collect research data using observation, documentation, and interviews, then analyse it with data triangulation. A lot of things are a contributing factor to a career woman. In general, there are two factors that encourage women to pursue a career, namely the desire factor and the demands factor. Economic factors, social factors, education level. Keyword: Peaceful family, household, career woman.  
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
PERLINDUNGAN ANAK DALAM DILEMA PENEGAKAN HUKUM : ANTARA HAK ANAK DAN PENETAPAN DISPENSASI NIKAH DI PENGADILAN AGAMA KOTA TEGAL NO. 30/PDT.P/2020/PA.TG Nurfatah Zulmi Arif Rahman; Khoirul Asfiyak; 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

AbstractMarriage is the law of God that is written in His book the Qur'an which has an important meaning where the cause of marriage raises broad laws, family law and the general public. Among the legal consequences are the issue of the minimum age of marriage to protect the rights of children who are married at an early age as stipulated in article 7 paragraph (1) and (2) with Law number 16 of 2019 concerning Marriage and Law number 35 years 2014. This research was conducted at the Tegal City Religious Court with a descriptive qualitative method that was presented objectively in accordance with facts on the ground. Namely by the interview of the judge concerned and written data from the judge's decision and analyzing the relevance of the judge in deciding the determination of marriage dispensations by considering the Child Protection Act number 35 of 2014. Keywords: Child Protection, Law Enforcement, Marriage Dispensation and Children's Rights
IMPLEMENTASI TAJDIDUN NIKAH PADA MASYARAKAT MADURA (STUDI KASUS DI KUA KECAMATAN AMBUNTEN) Syaiful Hidayat; 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

Astrack: Marriage is a contract or bond to justify the sexual relations between men and women in order to realize happiness in a family life that is overwhelmed with a sense of peace and compassion in a way diridhai Allah SWT. With the onset of the marriage contract a connection between a man and woman is legally established and on each shoulder lies responsibility that must be carried out honestly, Islam gives instructions and various provisions to the husband as the head of the family regarding his obligations that must be fulfilled and in responsible. This study uses a qualitative descriptive qualitative approach, namely a study that describes and describes a problem. The researcher tried to explain and describe the implementation of Tajdidun Nikah in Tamba Agung Timur Village, Ambunten District, Sumenep Regency. This type of research is a case study or field study. Case research is an in-depth study of a particular unit, the results of which research provides a broad and in-depth description of a particular unit. Look at and see the fact that the texts (Al-Qur'an and Hadith) are relatively limited while the problems that arise in the community are relatively unlimited even tend to be complex and complicated, then look for special texts (direct text) to solve all problems directly (one by one) ), both to require, forbid, or justify, will feel illogical and unworthy and are considered burdensome with something heavy and even impossible. Changes that occur in the community now, if compared to the situation in the past have been very different, mainly because there is a paradigm shift, so it is necessary to form a method that is in accordance with the new paradigm currently in use. Based on the results of the research and discussion can be summarized as follows: First, the results of the study show that there are two categories of causes of repeated marriage. First, it is caused by lack of harmony and the legal requirements for a marriage. In the Case of Finding a Good Date, Guardian Nasab, and in the case of Separate Beds. A legitimate marriage is a marriage that fulfills all pillars and conditions. Conversely, a marriage that does not fulfill harmony and conditions, the marriage is not valid. Secondly, it was caused by wanting to complete the Population Administration. Marriage repetition that occurred in KUA Ambunten Sub-district was carried out because it would cause benefits for married couples, if the marriage repetition did not occur then the harm would arise, and would have a negative effect on both partners.
WALI HAKIM DALAM PELAKSANAAN PERKAWINAN MENURUT PRESPEKTIF HUKUM ISLAM DAN HUKUM POSITIF (Studi kasus KUA Kecamatan Wonoayu kabupaten Sidoarjo) Mas Habib Syaifulloh; Dzulfikar Rodafi Rodafi; 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

AbstractMarriage in the Indonesian legal system, especially for those who adhere to the Islamic religion requires a guardian in marriage. These obligations can be seen in the regulations issued by the government, including in the Compilation of Islamic Law Article 19 to Article 23 and Minister of Religion Regulation Number 11 Year 2007 regarding Marriage Registration Article 18. The necessity for the guardian in marriage is basically an agreement of the majority of scholars, except Madzhab Hanafiyah which does not require a guardian for women, especially if the woman has grown up and is able to account for every word and deed. (1) What is the Position of Judge Guardian in Marriage in the perspective of Islamic Law and Positive Law in KUA of Wonoayu District and (2) How is the Legality of Judge Guardian in Perspective of Islamic Law and Positive Law in KUA of Wonoayu Sidoarjo District ?. This study aims to determine as clearly as possible the position of the guardian judge in KUA Wonoayu District, and to determine the validity of the guardian judge according to positive law and Islamic law. The research method used is the field research method where this research is descriptive in nature. Data collection method is done through observation, and interviews. Source of data used comes from primary data and secondary data. Analysis of the data used is qualitative data analysis with an inductive thinking approach. Based on the results of the study concluded that, the position of guardian judge in KUA Wonoayu District Regulation of the Minister of Religion Number 2 of 1987 concerning the Guardian Judge, Regulation of the Minister of Religion Number 11 of 2007 concerning Marriage Registration, KHI Article 23 paragraph 2 and Al-Quran Surah 2 Al-Baqarah paragraph 232 and authorize the KUA to appoint a guardian of the judge as marriage guardian. the position of the judge's guardian as a guardian in marriage is considered valid according to positive law and Islamic law based on positive law namely KHI Article 23 paragraph 2 where the change from the guardian nasab to the judge's guardian is because the trustee is made after the decision of the Religious Court regarding the guardianship of the guardian. based on Islamic law namely Al-Qu'ran 24th letter An-Nur verse 32 there is an order to marry men and women who are alone who deserve to be married, then the second letter to Al-Baqarah verse 232. So in this case the KUA should carry out the marriage contract in accordance with the provisions of the law, to the bride and groom to always ask for permission from the trustees of the nasab and the trustees of the nasab to achieve mutual benefit.   Keywords: guardian judge, marriage, law
“ISTRI KARIR MENURUT HUKUM ISLAM DAN PESPEKTIF GENDER” Ghea Lintang Amour Vanryan; Khoirul Asfiyak; 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

 AbstrackThis study aims to determine the effect of career women's attention on the success of their children's education, the strategy of career women in allocating time to pay attention to their children's education, factors that support and inhibit career women to pay attention to children's education. The main problem in this research is how is the career wife according to Islamic law and gender perspective, with sub-problems: l) how is the career wife according to the view of Islamicklaw? 2) What about a career gender perspective wife? This research is a research study (library research). The preparation of this thesis, using data collection methods in accordance with its clarification The results of the research and analysis of the author: (l) A career for a wife is based on two factors, the first is an internalo factor, which is to assist the husband in meeting the needs of the family economy.dThe two externa factors are work and career for wives who require them to leave their homes. the assessment that is owned by a woman (wife) also influences the creation of a working wife profile. The belief that a wife must make herself as much as possible, and expand her network of activities. (2) The assessment of the worlld of work they live in requires that they have to arrange time between their familly and profession. (3) Generally not found in fiqh literature which forbids wives from working, as long as there is permission from the husband and guarantees of security and safety. Scholars distinguish between a career wife who can reduce the rights of a husband or an emergency and the second is a wife who works outside the home at work that does not contain risks. The implications in this paper reinforce that permitting a woman as a wife to workbfor the public, as long as it does not make him neglect of his role in maintaining religious, customary and moralopnorms, and can fulfill the conditions and ethics of a wife who works outside the home. In addition, as a housewife must be able and master time management. Keywords: Career wife, Islamic law, Gender 
IMPLEMENTASI KONSEP KELUARGA SAKINAH PADA KALANGAN KELUARGA DIFABEL (STUDI KASUS DI KELURAHAN BAKALANKRAJAN KECAMATAN SUKUN KOTA MALANG) Wulan Nur Diana; 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

different from most families, for couples with disabilities who have physical limitations that can be an obstacle to carrying out activities in general, it is possible that they are able to live happily at home for years, thus giving rise to the aim of research to describe Families with Disabilities in Understanding Family Concepts. Sakinah and to describe the Efforts of Families with Disabilities in Forming Sakinah Families This study uses a descriptive qualitative approach, the type of research is case study, data collection techniques use non-participant observation, and structured interviews, the data sources of this study were obtained from 3 couples with disabilities in Bangkalankrajan Village, Sukun District, Malang City. The results of the study show that families with disabilities in understanding the concept of a sakinah family are happy families, patient with each other, understanding and supporting each otherIn realizing a sakinah family, the three couples with disabilities strive together to maintain good communication between members so as to minimize quarrels in the household, families provide support to each family member, understand each other''s conditions, help each other, try to patient and work together in educating children in goodKata kunci: Implementation, Couple, Sakinah Family, Disability
TINJAUAN NU TERHADAP TALAK DILIHAT DARI PERSPEKTIF HADITS ABGHADH AL-HALAL ILALLAHI AT-THALAQ (STUDI KASUS DI PC NU KOTA MALANG Dina Khalidah; Ahmad Subekti; 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

Success in fostering the desired goal household for every married couple. However in living life certainly will not be separated from problems. If love and harmony cannot be realized again, then Islam offers divorce as a final solution, but basically divorce is a lawful act but is hated by Allah SWT. There are more and more cases of cracks in the household that lead to divorce, especially among the Indonesian Muslim community, then this becomes an excuse to study and deepen the meaning of the hadith abghad al-halal ilallahi at-thalaq, and to find out how NU views divorce when viewed from the perspective of the hadith. This research was conducted at the PCNU office in Malang city, to find out how the views of NU as the most influential Islamic community organization regarding of divorce, especially when viewed from the perspective of the hadith abghadh al-halal ilallahi at-thalaq, as well as knowing what impacts will occur to those who experience the divorce. Then the method used in this activity is qualitative research and descriptive method. And the result of the research are a contribution of thought to the law of divorce in marriage which often occurs in social life. As for this hadith, it is included in the category of the famous ahad hadith. Keywords: Abghadh, Halal, Divorce and NU
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).
MEMBUMIKAN KONSTITUSI INDONESIA SEBAGAI UPAYA MENJAGA HAK KEBHINEKAAN Abdul Wahid; Sunardi Sunardi; Dwi Ari Kurniawati
Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 2 No 2 (2019): Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang
Publisher : Fakultas Hukum Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/yur.v2i2.2787

Abstract

ABSTRACTIndonesian constitution is the foundation of law which regulates the society, nation, and state of people in this country. One thing to highlight in the constitution is in relation with the life concession towards diversity (kebhinekaan) and non-diversity. Every citizen has the right to diversity so that this right demands everyone and anyone for respect. However, there are still several people who do not respect this right to diversity in the society. It could be proven by many people imposing their opinion, attitude, and behavior to others even though it is evident that this shows the practice of unconstitutionality. Based on these problems, it is necessary to have a discussion regarding how to ground the Indonesian constitution as an effort to safeguard the right to diversity. Constitutionality means that there is recognition, that every Indonesian citizen has the right to diversity, so that this right requires every person or party to respect him, and not harass or play with him.Key words: Diversity, Rights, Constitution, Citizen ABSTRAKKonsitusi Indonesia merupakan hukum dasar yang mengatur kehidupan bermsyarakat, berbangsa, dan bernegara bagi rakyat di negara ini. Salah satu yang digariskan dalam konstitusi adalah mengenai pengakuan hidup atas keragaman (kebhinekaan), dan bukan keragaman. Setiap warga negara mempunyai hak kebhinekaan, sehingga hak ini menuntut setiap siapapun atau pihak manapun untuk menghormatinya. Sayangnya, di tengah masyarakat, masih banyak pihak yang tidak menghormati hak kebhinekaan ini. Terbukti tidak sedikit pihak yang memaksakan pendapat, sikap, dan perilakunya pada orang lain untuk mengikutinya, meskipun jelas-jelas ini merupakan wujud praktik inkonstitusionalitas. Berdasarkan permasalahan tersebut maka perlu adanya pembahasan terkait bagaimana cara untuk membumikan konstitusi indonesia sebagai upaya menjaga hak kebhinekaan. Secara konstitusionalitas berarti ada pengakuan, bahwa setiap warga negara Indonesia mempunyai hak kebhinekaan, sehingga hak ini menuntut setiap siapapun atau pihak manapun untuk menghormatinya, dan bukan melecehkan atau mempermainkannya.Kata kunci: Kebhinekaan, Hak, Konstitusi, Warga Negara
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