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All Journal Tazkia Islamic Finance and Business Review Jurnal Ilmu Keluarga dan Konsumen Al-Muzara'ah Journal of Islamic Monetary Economics and Finance International Journal of Zakat (IJAZ) Kasaba: Jurnal Ekonomi Islam As-Syar'i : Jurnal Bimbingan & Konseling Keluarga Jurnal Ilmiah Wahana Pendidikan USRAH: Jurnal Hukum Keluarga Islam Idarah Tarbawiyah: Journal of Management in Islamic Education Jurnal Cakrawala Pendas KOLONI Maslahah: Jurnal Manajemen dan Ekonomi Syariah VISA: Journal of Vision and Ideas Da'watuna: Journal of Communication and Islamic Broadcasting Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga Mimbar Kampus: Jurnal Pendidikan dan Agama Islam Journal of Religion and Social Community At-Tadris: Journal of Islamic Education Al-Infaq : Jurnal Ekonomi Islam Mizan: Journal of Islamic Law
Hambari, Hambari
Universitas Ibn Khaldun Bogor
Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Nursing Public Health Social Sciences Other

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Analysis Of The Concept Of Taklik Talak According To The Syafi'i School Of Thought And Law No. 1 Of 19741 OF 1974 fadli ardiansah, muhammad; Hambari; Salati Asmahasanah
JURNAL ILMU SYARIAH Vol 13 No 1 (2025): JUNI
Publisher : IBN KHALDUN BOGOR

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Abstract

This research discusses the concept of taklik talak from the perspective of the Shafi'i Mazhab and its comparison with the provisions in Law No. 1 of 1974 concerning Marriage in Indonesia. Taklik talak is a conditional agreement pronounced by the husband after the marriage contract, which stipulates the fall of divorce if certain conditions are violated by the wife. In the Syafi'i Mazhab, taklik talak is automatic if the conditions are met, without the need for a judicial process. Meanwhile, in the Indonesian positive legal system, the implementation of talak must go through a religious court decision to be legally valid. This research uses a qualitative approach with a literature study method, examining classical sources in the Syafi'i Mazhab as well as legislation in Indonesia. The results of the research show that there are similarities in purpose, namely, as a form of protection for women's rights in marriage. However, both have fundamental differences in the aspects of implementation and legal force between the two legal systems. This study is expected to contribute to the harmonization between Islamic law and positive law and become a reference for academics and legal practitioners in handling divorce cases related to talaq.
PEMISAHAN MAQASHID SYARIAH DARI ILMU USHUL FIQH DAN PENGARUHNYA PADA PENETAPAN HUKUM ISLAM KONTEMPORER Hambari, Hambari; Ayuniyah, Qurrah
JURNAL ILMU SYARIAH Vol 10 No 1 (2022): JUNI
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v10i1.20334

Abstract

Salah satu permasalahan yang ada dalam Maqashid Syariah (tujuan-tujuan hukum syariah) adalah terkait hubungan antara ilmu Ushul Fiqh dan ilmu Maqashid Syariah, para ulama telah mendiskusikan masalah tersebut, beberapa dari mereka berpendapat bahwa Maqashid Syariah itu bagian dari ilmu Ushul Fiqh, dan beberapa dari mereka yang percaya bahwa Maqashid Syariah merupakan ilmu mandiri yang terpisah. Oleh karena itu, penulis mencoba mengkaji masalah tersebut. Dalam penelitian ini menggunakan pendekatan analitik induktif. Di antara hasil yang dicapai dalam penelitian ini adalah sebagai berikut. Pertama, sebagian Ulama yang melihat bahwa Maqashid Syariah adalah bagian dari Ushul Fiqh beberapa di antaranya adalah Imam Syatibi, Syekh Abdullah bin Bayyah, dan Numan Jaghim. Kedua, para ulama yang melihat kemandirian Maqashid Syariah beberapa di antaranya adalah Imam Muhammad alTahir Ibn Ashur, Ahmad al-Raisuni, Ismail Hasani, Muhammad al-Habib Ibnu al-Khuja dan Jasser Audah. Selain itu berdasarkan analisis kedua pendapat tersebut diperoleh kesimpulan bahwa pendapat kedua membuka ruang untuk mempermudah pada proses penetapan hukum Islam kontemporer dan menjadi catatan perlunya untuk mengokohkan aturan di dalamnya sehingga tidak menimbulkan dampak negatif.
SEXUAL CONSENT IN THE ELIMINATION OF SEXUAL VIOLENCE PERSPECTIVES OF FEMINIST LEGAL THEORY AND ISLAMIC LAW: A COMPARATIVE STUDY. Ratih, Nala; Sutisna, Sutisna; Hambari, Hambari
JURNAL ILMU SYARIAH Vol 11 No 1 (2023): JUNI
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v11i1.20370

Abstract

The critical legal movement in Indonesia is called feminist legal theory (FLT). FLT criticizes laws that have masculine values, they limit social values because the dominant law against men oppresses women. This FLT movement produces the paradigm of sexual consent which is accepted in the laws and regulations in Indonesia. The study describes how sexual consent in the elimination of sexual violence perspective Feminist Legal Theory and Islamic law. The methodology of this study is normative legal research and literature with the approach of legislation (statute approach) and comparison (comparative approach). From this study it can be concluded that sexual consent in the elimination of sexual violence Flt perspective is a sexual activity that is carried out based on consent outside of the consent of one of the parties, including rape. While sexual consent in Islamic law is a relationship that can only be done in a marriage bond outside the marriage bond, the Act includes adultery even though it is done with consent or voluntarily. Sexual consent is not in accordance with the norms of Indonesian life and contrary to Pancasila. Sexual consent as a solution to eliminate sexual violence does not seem to be the answer to the elimination of sexual violence because sexual consent only focuses on “solving the consequences” not “preventing causes”.
ANALYSIS OF THE DECISION ON THE CASE OF WALI ADHAL IN THE MARRIAGE OF A GIRL IN THE BOGOR RELIGIOUS COURT Rossa, Annisa Destiana; Sutisna, Sutisna; Hambari, Hambari
JURNAL ILMU SYARIAH Vol 12 No 1 (2024): JUNI
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v12i1.20373

Abstract

Marriage is a sacred thing in carrying out worship to Allah, by entering into marriage, every thing that is done will produce extraordinary rewards on the side of Allah SWT. In a marriage, it is required to carry out several terms and conditions that have been widely explained in the Al-Quran and hadiths, one of which is the condition and obligation for the validity of marriage is the presence of the guardian (father and brother from the father's side) of the bride. The presence of this guardian in marriage is mandatory and if his presence cannot be done or the guardian is reluctant to attend his child's marriage then the guardian is included in the category of wali adhal. This study uses a research method by analyzing the decision on the marriage case of wali adhal in the marriage of a girl in the Bogor Religious Court, the method used is literature. The results of the decision the judges granted by listing several reasons, one of the reasons is because they already love each other and love each other and have been together for a long time, so the application for marriage is granted while the biological guardian is reluctant to allow her marriage to the prospective husband of her choice, so it is replaced by a guardian judge who is directly appointed by the head of the panel of judges at the Bogor Religious Court, namely the Head of the Religious Affairs Office of East Bogor District, Bogor City asa guardian judge who will marry the applicant with the prospective husband.
EFFECTIVENESS OF THE MEDIATION PROCESS IN RESOLVING DIVORCE CASES AT THE DEPOK RELIGIOUS COURT Basri, Rara Genta Munggarani; Malik, Ibnu; Sutisna, Sutisna; Hambari, Hambari
JURNAL ILMU SYARIAH Vol 12 No 1 (2024): JUNI
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v12i1.20376

Abstract

The issuance of the Supreme Court Regulation of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures indicates that the mediation process has received special attention by the Judiciary Institution because this process is a process that has a positive impact on the parties and is linear with the principles of the judiciary, namely fast, simple and low cost. Mediation is a way of resolving disputes through a negotiation process to obtain an agreement between the parties assisted by a mediator. This study used qualitative research methods. The type of research used is a case study, by taking a survey approachand conducting direct observations as well as conducting interviews with mediators and litigants. The research consists of field studies and literature studies (Field Research and Library Research). The Depok Religious Court has carried out the Mediation Process in accordance with the rules Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Courts. The mediation process at the Depok Class 1 A Religious Court in accordance with PERMA No.1 of 2016 is still not effective with a success rate of only achieved about 2% Success with the issuance of a peace certificate, 8% Success by revoking the divorce case and 23% succeeded in peace but still choose Divorce.
ANALYSIS OF MARRIAGE DISPENSATION CASE DECISIONS IN BOGOR REGENCY: REVIEW OF LAW AND SOCIAL ASPECTS Purbayu, Faisal; Sutisna, Sutisna; Hambari, Hambari
JURNAL ILMU SYARIAH Vol 12 No 2 (2024): DESEMBER
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v12i2.20382

Abstract

Marriage dispensation is a complex issue that raises questions regarding the legal and social aspects of it. This research explores marriage dispensation decisions in Bogor Regency, by taking a case study from the Cibinong Class 1 A Religious Court. The analytical method includes legal and social approaches to understand the factors that influence marriage dispensation decisions. Through a normative juridical approach, this research identifies the legal basis underlying marriage dispensation decisions, exploring the legal criteria and considerations used by the Cibinong Class 1 A Religious Court. In addition, a sociologicalapproach is used to uncover the social impact of dispensation decisions, including the role of society and norms that influence the judicial process. Results This research provides an in-depth understanding of how the justice system, especially at the Cibinong Religious Court, handles marriage dispensation cases. Findings suggest that marriage dispensation decisions are influenced by a combination of legal factors and social considerations, paying particular attention to the dissatisfaction and stability of the marital relationship. This research has the potential to provide a more holistic view of the problem of marriage dispensation at the local level, especially in Bogor Regency. The implications of the findings can help improve policies at the regional level and provide a basis for a better understanding of the balance between legal and social aspects in handling marriage dispensation cases.
Analysis of the Decision of the Bogor Religious Court on the Causes of Divorce of Husband and Wife Due to Online Gambling. rahmayanti, putri; Hambari; Rusdi Kasman; Zuhratun Nakhwah
JURNAL ILMU SYARIAH Vol 13 No 1 (2025): JUNI
Publisher : IBN KHALDUN BOGOR

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Abstract

This study discusses the causes of divorce due to online gambling and how the opinion of the Bogor Religious Court judge in deciding Case Number 1273/Pdt.G/PA.Bgr. The method used in this research is qualitative method The type of research conducted by researchers is using library research, namely research by trying to analyze, explain and describe the latest facts and find correlations between one another. The fact that is the object of this research is the decision of the Bogor Religious Court judge with Case Number 1273/Pdt.G/2024/PA.Bgr so that in solving it data collection must be carried out using rules, theories, arguments and so on so that the results are in line with the issues that the author conveys. The results of this study indicate that the causes of divorce due to online gambling can affect a relationship in marriage, including the effects of addiction to online gambling games which cause the husband to be unable to meet the needs of his family and cause conflict that ends in divorce. The reasons raised by the Defendant (wife) are in line with Article 19 of Government Regulation Law (PP) Number 9 of 1975 letters a and letter f and article 116 of the Compilation of Islamic Law (KHI) letters a and letter f. Factors The judge's consideration efforts carried out subjectively and objectively by religion to prevent divorce, regarding divorce cases due to online gambling and factors causing online gambling. Keywords: Religious Court Decisions, Divorce, Online Gambling
ANALISIS EFEKTIVITAS MEDIATOR DALAM MENANGANI PERKARA PERCERAIAN DI KABUPATEN BOGOR STUDI KASUS DI PENGADILAN AGAMA CIBINONG KELAS 1A Nisa Dzun Nur’ain; Hambari; Ade Irma Imamah
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/kx1sf074

Abstract

Mediation is a mandatory dispute resolution mechanism in civil cases, including divorce cases in Religious Courts, as regulated by Supreme Court Regulation Number 1 of 2016. The high divorce rate in Bogor Regency, particularly at the Cibinong Class IA Religious Court, indicates that marital conflicts are often unresolved by the parties. This study aims to analyze the effectiveness of mediators in handling divorce cases and identify the factors influencing mediation outcomes.This research uses a qualitative approach with a case study method and field research design. Data were collected through in-depth interviews, direct observation, and document analysis. The findings show that mediator effectiveness is influenced by competence, professionalism, communication skills, mediation techniques, and institutional support. However, mediation is often hindered by emotional tensions, prolonged conflicts, and lack of good faith from the parties. Supporting factors include the mediator’s patience, persuasive approach, and shared interests such as children and family continuity. Overall, mediation has not fully achieved optimal effectiveness in resolving divorce disputes. Mediator effectiveness plays a crucial role in determining the success of mediation in divorce cases. Strengthening mediator capacity and encouraging good faith among parties are essential to improve mediation outcomes.
Nikah Sirri dan Pengaruhnya pada Kesejahteraan Keluarga (Studi Kasus di Desa Puspanegara, Kecamatan Citeureup) Muhammad Wildan Arrosyid; Sutisna Sutisna; Hambari Hambari
KOLONI Vol. 2 No. 4 (2023): DESEMBER 2023
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/koloni.v2i4.545

Abstract

Currently in Indonesia unregistered marriages or unregistered marriages are still common among ordinary people, because they are considered to be cheaper to implement and are a way out with a quick procedure and are considered legal. The aim of this research is to find out more about the factors that support the occurrence of sirri marriages in Puspanegara village, Citereup District, Bogor Regency and their influence on family welfare and to look in depth at the views of Islamic law and positive law on sirri marriages. The method used in this research is descriptive qualitative research and the technique for determining the sample is the snowball sampling technique. The results of this research show that the factors that cause people in Puspanegara Village, Citereup District, Bogor Regency to carry out unregistered marriages are due to a lack of understanding of marriage registration regulations, economic factors, the occurrence of pregnancies outside of marriage, parental coercion, the absence of a divorce certificate and the community's views. This kind of marriage has effects such as the wife and children not being able to claim their rights, such as the difficulty of obtaining birth certificates and children's schooling, the difficulty of obtaining rights to inheritance or shared assets, it can give rise to new poverty, marriages become vulnerable and cannot be maintained and trigger the emergence of polygamy. wild. It is hoped that the government, both village officials and the local KUA, will work together with various parties to hold outreach or counseling regarding the necessity of carrying out official marriages and provide education about the consequences and risks associated with unregistered marriages in the Puspanegara Village Community, Citeureup District, Bogor Regency, as well as holding mass marriage isbats.
Co-Authors Abdillah, Muhamad Fikry Haikal Ade Irma Imamah Agung, Ujang Pupuh Agus Siswanto Ahmad Faisal Ajrania, Sri Anas, Sahrun Annisa, Annisa Destiana Arif Ali Arif Asriani Asriani Ayuniyah, Qurrah Dedi Supriadi Diah Krisnatuti Didin Hafidhuddin MS Euis Sunarti fadli ardiansah, muhammad Fadli Fadli Fahmi Irfani Hilman Hakiem Ibdalsyah Ibdalsyah Indah, Rossa Istighfarani, Syifa Kasman, Rusdi Malik, Ibnu Mubarak, Zahid Muflihah, Siti Nur Inayah Muhammad Ilham Rabbani Muhammad Wildan Arrosyid Muntaha Artalim Zaim musthofa Nisa Dzun Nur’ain Oktavia, Riska Pesha, Indry Nirma Yunizul Purbayu, Faisal Qurroh Ayuniyyah Rahmayanti, Putri Rara Genta Munggarani Basri Ratih, Nala Retno Triwoelandari Rossa, Annisa Destiana Sa'diyah, Maemunah Sahrun Anas Salati Asmahasanah Salsabila, Inas Yamina Sri Nurul Milla Sutisna Sutisna Sutisna Sutisna Sutisna Sutisna Syarifah Gustiawati Mukri Zinedine Zidan Zuhratun Nakhwah