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All Journal Al Fuadiy: Jurnal Hukum Keluarga Islam Comprehensive Journal of Islamic Studies
M. Abdul Hakim
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Other

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STATUS JANDA AKIBAT PERCERAIAN DAN IMPLIKASINYA TERHADAP KELUARGA : Studi Teori Fungsionalisme Struktural di Desa Gedangsewu Kecamatan Pare Kabupaten Kediri M. Abdul Hakim
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v5i2.692

Abstract

Being widowed due to divorce is an emotional challenge, which makes women who are widowed will face severe challenges, especially in terms of relationships or relationships with their family environment, especially children and parents due to their new status, if the widow is really ready and able to face the new reality as a widow and single parent, maybe they can survive carrying out their function as a single parent, but if on the contrary, this will have a negative impact and is prone to post-divorce conflict on family harmony, especially towards children and parents. Plus economic problems and the social burden of accepting the reality of being a widow. This research is qualitative research. Based on its type, it includes field research. The data collection method used is observation and interview. Then analyzed using Robert K. Merton's Structural Functionalism theory. This research produced two important findings. First, as a result of the divorce, a wife or widow has a new role or dual role in the family, namely domestic and public roles, widows assess themselves that their family is harmonious. The harmony in building their family is seen from the way they build relationships with family members, in terms of leadership and decision-making in the family. then the division of roles in the household and solving problems in the household. Second, widowed women consider themselves to have carried out the functions of the family structure well. From the process of roles or functions carried out by the widows, four typologies of roles or functions of widows were found as they played or functioned as economic functions, family functions, social functions, and religious functions, from each function or typology, they have manifest functions, namely expected functions (intentional) and latent functions (unintentional).
DASAR WAJIB MEMATUHI UNDANG-UNDANG PERKAWINAN DAN KHI Nelli Fauziah; M. Abdul Hakim
Comprehensive Journal of Islamic Studies Vol. 1 No. 1 November (2023): Comprehensive Journal of Islamic Studies (STAIZA)
Publisher : Tim Jurnal STAI KH. Zainuddin Ponpes Mojosari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63829/js.v1i1nov.6

Abstract

The Marriage Law (UUP) and KHI are legal products authorized by the Indonesian government. As a country of law, the Indonesian people are obliged to obey it. But in reality, there are still many people who ignore the applicable laws and assume that the UUP and KHI are only rules from the state, not sharia from Allah SWT that must be obeyed. This paper aims to prove the obligation to comply with the UUP and KHI. This research includes library research with data collection methods from primary data in the form of the UUP and KHI itself, the nash Al-Qur'an and hadith which are the basis for the obligation to obey ulil amri, then collect secondary data on related studies from books, journals, and other supporting sources. While the approach used is a socio-legal approach with data analysis methods in the form of descriptive analytics. The purpose of writing this article is to analyze the process of forming laws in Islam, UUP and KHI, parse family law issues in UUP and KHI that are different from classical fiqh, describe the urgency of legal change in the theory of law is a tool of social engineering, and describe the basis for compulsory compliance with UUP and KHI. The results of this study prove that the basis for the obligation to obey the Marriage Law and KHI is the same as the basis for the obligation to obey the Qur'an, Sunnah, and ulil amri, because both are products of government ijtihad (ulil amri). Government ijtihad is a manifestation of collective ijma', which is the result of the thoughts and agreements of leaders (umara>), scholars, Muslim jurists and scholars, practitioners and academics who are experts in their fields. So that the obligation to obey the UUP and KHI can be said not to conflict with sharia and in line with the aim of achieving the benefit of society.
Upaya Hukum Verzet terhadap Putusan Verstek M. Abdul Hakim; Nelli Fauziah
Comprehensive Journal of Islamic Studies Vol. 1 No. 2 Mei (2024): Comprehensive Journal of Islamic Studies (STAIZA)
Publisher : Tim Jurnal STAI KH. Zainuddin Ponpes Mojosari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63829/js.v2i1mei.14

Abstract

In the context of legal case resolution through the processes of verstek and verzet, the decision rendered in a verstek trial is considered a formal and substantive resolution of the case. The defendant who loses in such a trial is not granted the right to refile the case unless they choose to file an objection or verzet. Legal guidelines related to the verzet procedure can be found in Article 129 HIR/153 R.Bg and Supreme Court Circular Letter No. 9 of 1964, which provide explanations regarding various interpretations of verstek. The right to file an objection (verzet) is granted to the defendant or their legal representative, who must have been granted special power of attorney in accordance with Article 123 HIR/147 R.Bg and Article 125 HIR/149 R.Bg. Once a verzet is filed, the judicial process involves a panel of judges who will re-examine the case, summoning all parties involved in the verzet to provide clarification and relevant evidence. In the specific context described, the husband acts as the party filing the objection against the verzet, while the wife is the party objected to, and both are summoned according to applicable legal procedures. This entire process reflects the judiciary's effort to ensure justice and legal certainty in resolving disputes between the involved parties.
Co-Authors Nelli Fauziah