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All Journal SAMAWA : Jurnal Hukum Keluarga Islam FENOMENA: Jurnal Penelitian Journal of Modern Islamic Studies and Civilization
Fajriyyah, Latifatul
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Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Istri sebagai Pencari Nafkah Utama: Studi Normatifitas Hukum Islam dan Urusan Domestik di Kelurahan Loa Bakung Kamsiah, Kamsiah; Fajriyyah, Latifatul
FENOMENA Vol 14 No 2 (2022): FENOMENA VOL 14, NO. 2, 2022
Publisher : LP2M UIN Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/fj.v14i2.6375

Abstract

This study aims to: (1) Find out how the portrait of the wife in Loa Bakung replace the husband's duties in earning a living. (2) Knowing how the role of husbands who replace the wife's duties in taking care of the household. (3) Knowing how Islamic law views the role of the wife taking over the husband's duty as the breadwinner. This study uses a qualitative approach. The object of this research is purposive sampling, namely several husbands and wives aged 40-65 years which are carried out by their wives in fulfilling their livelihood for their families. The data were then analyzed by descriptive-analytic method using a review of Islamic Law. This study shows that the husband as a leader is obliged to earn and provide for his family, but due to various reasons such as reduction of employees, the closure of the company, the ability factor that make husbands no longer work can be productive again. So that the wife have to replace her husband in earning a living to meet the needs of her family. In a situation like this, the husband should not actually force the wife to spend her income for household needs, because the husband's obligation to provide a living. There is no way out for the wife except to surrender to the situation as an effort to maintain the integrity of the household.
Penerapan Alat Bukti Kesaksian Testimonium De Auditu Dalam Perkara Permohonan Pengesahan Nikah Di Samarinda Fajriyyah, Latifatul
SAMAWA Vol 2 No 1 (2022): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53948/samawa.v2i1.19

Abstract

The witness testimony that was justified in civil proceedings was someone who has directly involved in an event based on clause 171 verse (1) and (2) HIR, 308 RBg, and 1907 Civil Code. Meanwhile, the witnesses who are presented outside of these provisions are the testimonium de auditu. In its application there is a difference between the Religious Courts (PA) in Decision Number 1003/Pdt.G/2017/PA.Smd and the Religious High Court (PTA) in Verdict Number 14/Pdt.G/2018/PTA.Smd. These differences lead to inconsistencies in the application of the law at the evidentiary stage. This research is a normative study that uses a case, statutory and conceptual approach. The results of this study are, the application of evidence de auditu in the case of a marriage ratification application was accepted as evidence by Judge PA Samarinda because there was an agreement with other evidence. Meanwhile, the Samarinda PTA Judge rejected the de auditu witness as evidence on the grounds that the de auditu witness could not be applied in a disputed case and the legal principles of proof in the application of the law by the PA and PTA Samarinda had not been fulfilled completely. This is because in legal considerations by the PA and PTA Samarinda Judges, they did not provide clear and sufficient legal arguments regarding the acceptance or rejection of the de auditu witness.
Legal Analysis of Daughters' Inheritance Mahjub Siblings According to Ibn Abbas Fajriyyah, Latifatul; Maulana, Muhammad
Journal of Modern Islamic Studies and Civilization Том 3 № 02 (2025): Journal of Modern Islamic Studies and Civilization
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jmisc.v3i02.1538

Abstract

In the decision of the Panel of Judges with Case Number 247/Pdt.P/2020/PA.Smd, only the wife and daughter of the Heir are entitled to inherit the inheritance. The Heir's brothers and sisters are hindered from inheriting by the daughter. Meanwhile, this provision differs from the provisions in fiqh, which do not mention siblings who may inherit together with daughters. This study aimed to analyze the decision of the Samarinda Religious Court in case Number 247/Pdt.P/2020/PA.Smd and to find out why the Judge took the opinion of Ibn 'Abbas and overruled the opinions of other Ulama. This study uses a qualitative research method with a normative legal approach. The study results explain that the Panel of Judges determined case no. 247/Pdt.P/2020/PA.Smd concerning the determination of heirs where a daughter obstructs the inheritance rights of a sibling of the Heir, referring to the Supreme Court Jurisprudence Number 86 K/AG/1994, as well as inheritance provisions concerning the principle of hijab-mahjub in Book II Revised Edition 2013, which contains the legal principle "a daughter may obstruct the inheritance rights of a sibling of the heir", based on the opinion of Ibn 'Abbas. However, the Panel of Judges did not fully understand Ibn 'Abbas' opinion because, according to Ibn 'Abbas, a daughter may obstruct the inheritance rights of a female heir, but he does not make the daughter close the rights of a male heir as an heir.
Co-Authors Kamsiah Kamsiah Muhammad Maulana