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All Journal Jurnal Hukum Keluarga Islam Jurnal Ilmu Hukum
Awal Mukmin
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Religion Law, Crime, Criminology & Criminal Justice

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Pertimbangan Hakim dalam Menolak Dispensasi Nikah Perspektif Teori Keadilan John Rawls (Studi Penetapan Pengadilan Agama Kabupaten Kediri Nomor 0158/Pdt.P/2018/PA.Kab.Kdr) Awal Mukmin
Al-Qadlaya : Jurnal Hukum Keluarga Islam Vol. 2 No. 2 (2023): Al-Qadlaya
Publisher : Sekolah Tinggi Agama Islam Miftahul Ulum Lumajang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55120/qadlaya.v2i2.1329

Abstract

This study aims to reveal how the judge's considerations in rejecting the marriage dispensation, and how the judge's decision in rejecting the marriage dispensation from the perspective of John Rawls' theory of justice. This research is an empirical legal research using a qualitative descriptive approach. Data collection techniques are interviews and documentation. Data analysis techniques are carried out by codifying data, presenting data, drawing conclusions. The analysis in this study uses John Rawls' theory of justice. The results of this study indicate that: First, the judge's consideration is the condition of the prospective bride and groom including age, economics and knowledge, readiness of both parents, the arguments for the application and statutory regulations. Second, the judge's consideration in the two determinations lies in the readiness of the prospective bride and groom in terms of age, occupation and knowledge. Third, in the perspective of John Rawls' Justice theory: First, based on the concept of original position and the veil of ignorance, the applicant as a citizen agrees that the religious court with all its regulations is an institution established to protect and provide the rights of every citizen. Second, based on the principle of freedom of basic rights, the judge's decision has two sides, on the one hand the decision has granted the applicant's rights, and on the other hand it has also prevented the applicant's rights. In the principle of difference, the difference in the results of the determination given by the judge will still provide advantages and benefits to the applicant.
PENGARUH PERCERAIAN TERHADAP TUMBUH KEMBANG ANAK DALAM KELUARGA (Studi Kasus Di Desa Tertek Dusun Jombangan Kecamatan Pare) Debi Defura; Awal Mukmin
Jurnal Ilmu Hukum Vol. 3 No. 2 (2025)
Publisher : Institut Agama Islam Hasanuddin Pare

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Abstract

This study discusses the Influence of Divorce on Child Development in Families that occurred in Tertek Hamlet, Jombangan Village, Pare District. The purpose of this study was to determine the influence of divorce on child development and how to overcome these impacts. With the aim of determining the various Influences of Divorce on Child Development in Families in Tertek Village, Jombangan Hamlet. The type of research used in this study is Field Research, which is an event of data in the field. The results of this study are: first, Divorce can have a significant impact on child development. Children who experience parental divorce tend to experience stress, confusion, and emotional changes that can affect their mental and social well-being. In addition, divorce can also affect the relationship between children and their parents, damage family stability, and affect children's daily lives in terms of the security, attention, and support they receive. Second, the methods used by parents to help children overcome the impact of divorce are by providing emotional support, open communication, and maintaining children's mental health. Emotional support from parents can help children feel heard, understood, and loved in the difficult situation of divorce. Open communication between parents and children is also important to allow children to express their feelings, understand the situation better, and feel more connected to their parents. In addition, maintaining children's mental health by paying attention to their psychological and emotional needs can help children cope with the psychological impact of divorce.
MONEY POLITIC DALAM PEMILU LEGISLATIF TAHUN 2024 PERSPEKTIF HUKUM ISLAM STUDI KASUS DI DESA TULUNGREJO KECAMATAN PARE KABUPATEN KEDIRI Adinda Nurul Habibah; Awal Mukmin
Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Institut Agama Islam Hasanuddin Pare

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Abstract

Money politics is an effort to gain support and votes by giving money, goods, or promises of office to voters during elections. This practice of money politics is prohibited by Law No. 7 of 2017 and in Islamic law, it is absolutely forbidden because it is similar to bribery. This research attempted to examine in more depth the factors causing the involvement of Tulungrejo village residents in money politics and how the law on money politics carried out by the Tulungrejo community is based on the perspective of Islamic law. This study uses a qualitative approach (field research), namely by obtaining primary data sources from several campaign teams and recipients of money involved in money politics in Tulungrejo Village, Pare District, Kediri Regency and secondary data from several literature studies on money politics, then data collection is carried out using methods in the form of interviews, observations, and documentation. The results of the research conducted, the author concluded several factors that cause the people of Tulungrejo Village to be involved in money politics, including the pragmatic mindset of the community, economic factors, educational factors, environmental factors, and legal factors. Money politics, according to the majority of scholars, is haram. The existence of rules is permitted because there is a specialization. And this specialization applies to someone who is in a state of emergency. The conditions for emergency are that the emergency has already occurred, not future, is the only way ordered by sharia, is carried out according to the level of not excessive, in a state of emergency it is obligatory to avoid something that causes more negativity, it is not permissible to immediately carry out actions that are not included in rukhsoh. Referring to the several factors above, the practice of money politics that occurs in Tulungrejo Village is included in the category of forbidden.
Co-Authors Adinda Nurul Habibah Debi Defura