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All Journal JISIP: Jurnal Ilmu Sosial dan Pendidikan Menara Tebuireng : Jurnal Ilmu-Ilmu Keislaman
Al-Amin, Habibi
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Religion Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Implementation of Fulfillment of Children's Rights Post-Divorce in the Jombang Religious Courts Maghfuri, Muhammad Zainul; Al-Amin, Habibi
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 8, No 2 (2024): JISIP (Jurnal Ilmu Sosial dan Pendidikan) (Maret)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v8i2.6699

Abstract

The issue of fulfilling children's rights after divorce has become an important study of researchers in the field of Islamic law over the past five years. The issues of fulfilling children's rights after divorce have become a serious problem, where children's rights are often overlooked, especially with regard to basic rights. In this study, there are 2 (two) problem formulations that are the focus of this research. First, the implementation of the fulfillment of children's rights after divorce based on decision No. 3118/Pdt.G/2021/PA.Jbg, Second, the efforts that must be taken by the mother if the decision on children's rights after divorce is not fulfilled by the ex-husband (father). research and discussion that has been analyzed. In this case, it does not fully reach the target, the mother is fully trying alone to fulfill the rights of the child where the ex-husband (father) should have played a role but did not maximally carry it out as stated in the decision. Then the legal consequences for the ex-husband who does not carry out his obligations in fulfilling child maintenance, the mother can submit a child maintenance lawsuit to the Chairman of the Religious Court for further execution. Because the law itself does not regulate the existence of legal sanctions against decisions that have been condemned when not implemented. So that it becomes an obstacle for the mother not to submit a request for execution for several reasons: the former husband (father) remarried, the mother is able to finance child maintenance independently and lack of knowledge about the law.
Mahar Uang Hiasan Menurut Perpektif Madzhab Imam Syafi’i dan Imam Hanafi Janna, Sirojul; al-Amin, Habibi
Menara Tebuireng Vol 19 No 1 (2023): September
Publisher : Universitas Hasyim Asy'ari (UNHASY) Tebuireng Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/menaratebuireng.v19i1.5132

Abstract

This research is a qualitative field research. The author used three data collection techniques to obtain data, namely interviews, observation and documentation. The author uses data analysis techniques in the form of objective interpretations. The conclusion from the general research is that giving a dowry of decoration is permissible as long as it has economic value. Giving dowry in the form money, goods or services must have benefits for the life of his wife, including fulfilling the dowry requirements in Islamic law. The majority of married couples use dowry money as a symbol of marriage to make it look more impressive and unique. Imam Asy-syafi’I defines dowry as something that is obligatory because of marriage or intercourse, or the passing of a woman’s honor without power, such as the result of breastfeeding and the without al of witnesses. According to imam syafi’I the complete pillars of marriage are as follows: prospective wife, prospective husband, 2 witnesses, guardian, shighat. According to imam Hanafi, dowry is giving a number of assets which are the rights of the wife, because of marriage ties or because of different types of sexual relation based on Islamic law. The imam Hanafi school of are the right of the wife, due to a marriage contract, or due to actual intercourse. Meanwhile, according to imam malik, dowry is the cause and effect of the halal relationship between husband and wife. Imam hambali’s opinion is that dowry is a reward for a marriage, whether it is stated clearly in the marriage contract, determined after the contract is agreed upon by both parties, or determined by the judge. Keyword: dowry money decoration
Co-Authors Janna, Sirojul Maghfuri, Muhammad Zainul