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Analisis Hukum Keluarga Islam Terhadap Pasal 4 Ayat (2) Peraturan Pemerintah Nomor 45 Tahun 1990 tentang Izin Perkawinan dan Perceraian Bagi Pegawai Negeri Sipil Rofi'i, Hilmi Yusron; Zaki, H. Muhammad; Faizal, Liky; Qohar, Abd.
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 4 No 1 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i1.1576

The purpose of this study was to analyze the reasons why female civil servants were prohibited from becoming second, third and fourth wives based on Government Regulation Number 45 of 1990; and to analyze based on Islamic family law against the prohibition of female civil servants to become second, third and fourth wives based on Government Regulation Number 45 of 1990. The results of this study are the Prohibition of Women Civil Servants from becoming the third and fourth second wife is a preventive measure to prevent women who are civil servants from disputes in the family, prevent women from psychological pressure caused by polygamy has an impact on changing attitudes so that can interfere with their performance as a civil servant, to prevent children from psychological pressure that results in children's future growth, and protect the rights of wives and children regarding civilization in the event of a divorce in a polygamous marriage which can harm a woman with a civil servant status and result in imperfect rights support the child. The prohibition of women who are civil servants from becoming the second third and fourth wives in Government Regulation Number 45 of 1990 is in accordance with the maqashid sharia, namely to protect the soul (hifdz nafas) and protect the offspring (hifdz nasl), namely to protect children from the consequences If a civil servant woman becomes a polygamous wife

Fikih Mubadalah and Its Challenges: A Study of Household Conflict Resolution in Lampung Province Rofi'i, Hilmi Yusron; Qohar, Abd; Khudlori, Ahmad; Muslimin, A
Journal of Islamic Mubadalah Vol. 1 No. 2 December (2024)
Publisher : Pondok Pesantren Darul Fata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70992/w0xa2n54

This article is about the method of resolving conflict in the household through the application of mubadalah jurisprudence. The household conflict in question is like inequality in the division of tasks and responsibilities, as well as the lack of balance in decision-making which often becomes a source of disputes between husband and wife. The formulation of the problem in this article is how mubadalah jurisprudence can be applied as a solution to resolving household conflict and what are the obstacles faced in its implementation. The method used is qualitative with a phenomenological approach. Primary data was obtained through in-depth interviews with married couples who face conflict, community leaders, and family consultants. The location of the research was carried out in urban and rural areas in Lampung Province, Indonesia. Data analysis was carried out using the mubadalah theory which emphasizes the principle of mutuality in husband and wife relations. The results of the study indicate that the application of the mubadalah concept can be an effective solution in reducing household conflict, mubadalah prioritizes a more balanced husband and wife relationship. However, obstacles in implementing this principle include the strong patriarchal cultural factor and the weakness of society regarding the principles of mubadalah. The practical contribution of this research is to the understanding of society and institutions implementing Islamic law, such as the Religious Court and the Office of Religious Affairs, when making peace efforts or fostering the bride and groom to understand the importance of the principles of mubadalah.

Implikasi Hukum Adat terhadap Pembagian Warisan Anak Perempuan Perspektif Hukum Keluarga Islam Faizal, Liky; Nur, Efa Rodiah; Qohar, Abd.; Rofi'i, Hilmi Yusron
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5745

Indigenous peoples of Lampung have a tribal culture which is divided into two large customary groups, namely the Saibatin and Pepadun indigenous peoples, and most of the community members embrace Islam, in terms of marital affairs which will continue to be inherited in the family. Indigenous people in general still use the procedures contained in their customary law. This study aims to analyze the position of women in inheritance distribution in Lampung customary law in Way Kanan and Pesisir Barat districts from the perspective of Islamic Family Law in Indonesia. This research is field research, which describes and describes the situation and phenomena more clearly regarding the situation that occurred. This study intensively studied the position of women in inheritance distribution in Lampung customary law in Way Kanan and Pesisir Barat districts from the perspective of Islamic Family Law in Indonesia. Qualitative descriptive research method is research that only describes situations and events. This study does not seek or explain relationships, does not test hypotheses or make predictions, but only describes variable by variable. This study uses a purposive sample. The informants in this study were: Key Informants: 4 traditional leaders, Main Informants: 4 women who were heirs, Supporting informants: 4 indigenous people. Data sourced from primary data and secondary data, with data collection techniques interview, observation, and documentation. The data collection activities are carried out after the research is carried out or compiled. Data collection is one of the processes in research that can help solve the problems being studied, therefore the data collected must be sufficient. Data analysis by collecting data, data reduction, data presentation, and conclusions.

A Critical Analysis of Sayyid Husain al-Ṭabāṭabā’i’s Thoughts on Mut’ah Marriage in The Book of Tafsīr al-Mīzān Faizal, Liky; Qohar, Abd.; Wahid, Ali Abdul; Rofi'i, Hilmi Yusron
al-'adalah Vol 21 No 1 (2024): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v21i1.19381

This article discusses Sayyid Husain al-Ṭabāṭabā’i's thoughts on mut'ah marriage (contract marriage) in his book Tafsīr al-Mīzān. The aim is to gain a broader understanding that can be used as material in preparing better legislative regulations. This research is descriptive library research, using secondary data sources in the form of primary and secondary legal materials. The results of the study show that according to al-Ṭabāṭabā'i, mut'ah marriage is a legal marriage, as explained in Tafsīr al-Mīzān, where the word istamta'tum refers to the term mut'ah marriage. However, the MUI fatwa states that the mut'ah contract is not a valid marriage and is contrary to the laws and regulations in Indonesia. The MUI considers mut'ah marriage to be something that does not follow Sharia principles. Therefore, to prohibit the practice of mut'ah marriage in Indonesia, it is recommended that there be changes to Article 2 of Law Number 1 of 1974 concerning Marriage to read: "A valid marriage is the marriage carried out following religion and is registered in accordance to statutory regulations."

Husein Muhammad's Thoughts on Husband's Iddah and His Contribution to the Development of Family Law in Indonesia Rofi'i, Hilmi Yusron
SMART: Journal of Sharia, Traditon, and Modernity Vol. 3 No. 2 December (2023)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v3i2.20487

This article discusses the thoughts of Husein Muhammad regarding the husband's iddah and his contribution to the development of family law in Indonesia. this article uses a qualitative method, analyzing in depth about the thoughts of Husein Muhammad, related to the iddah period of the husband, this article is a library research or literature study, by studying the literature of Husein Muhammad's work on Iddah, the main data source in this study is the work of Husein Muhammad, the data analysis technique uses an inductive framework using mashlahah and mubadalah analysis. The result of the research is that Husein Muhammad's thinking leads to a more inclusive, progressive, humanist and contextual understanding of family law and is adaptive to the dynamics of Indonesian society which continues to develop by detailing the iddah time frame and the rights attached to that period. Husein Muhammad's thinking on iddah has a positive impact on the development of family law in Indonesia, linking its theoretical aspects to concrete changes in the family law system and providing a strong foundation for further change.Keyword: Husein Muhammad, Iddah Period, Husband, Family Law

ANALISIS PUTUSAN NOMOR 792/PDT.G/2018/PA.KLA TENTANG PELAKSANAAN PUTUSAN DWANGSOM DAN KONTRIBUSINYA DALAM PEMBARUAN HUKUM KELUARGA ISLAM DI INDONESIA Oktavia, Dewi; Rofi'i, Hilmi Yusron; Qohar, Abd; Khudlori, Ahmad
Mabahits : Jurnal Hukum Keluarga Islam Vol 6 No 01 (2025): MEI
Publisher : UAS PRESS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62097/mabahits.v6i01.2234

In making a decision, the Religious Court Judge should have certain considerations in deciding the hadhanah case accompanied by dwangsom. The cumulative hadhanah divorce suit accompanied by the dwangsom determination has been granted by the panel of judges in case Number 792/Pdt.G/2018/PA.Kla. This type of research is library research, namely legal research conducted by means of literature study. By using primary legal materials in the form of Decision on Case Number: 792/Pdt.G/2018/PA.Kla, secondary legal materials in the form of documents related to the research, and tertiary legal materials as a complement. Data management techniques through several stages, namely data examination (editing), data marking (coding), data reconstruction (reconstructing), and data systematization (systematizing). Based on the results of the study, it can be concluded that Decision Number: 792 / Pdt.G / 2018 / PA.Kla concerning Dwangsom in Divorce Cases of Hadhanah Compulsion Lawsuits shows that there will be a Contribution of Dwangsom as a manifestation of the values of welfare and justice in the Renewal of Islamic Family Law in Indonesia. Because in cases of child custody, children as objects of lawsuits cannot be executed on the grounds that the child's position is different from property or objects. Thus, the hadhonah lawsuit accompanied by dwangsom in Decision Number: 792 / Pdt.G / 2018 / PA.Kla is an effort to prevent harm and injustice to the defendant not to hand over the child.

The Role of the Alliance for Women and Children (APPA) Bojonegoro in Dealing with Toxic Family Relationships from the Perspective of Mubadalah Dyana, Burhanatut; Listyorini, Indah; Rofi'i, Hilmi Yusron
Reslaj: Religion Education Social Laa Roiba Journal Vol. 7 No. 6 (2025): RESLAJ: Religion Education Social Laa Roiba Journal
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/reslaj.v7i6.7386

Family problems are a common phenomenon in society. The number of marriages that are not harmonious, and the inequality in the relationship between husband and wife, ultimately leads to toxic relationships in the family. Examples of toxic relationships that often occur are infidelity, domestic violence, social inequality and others that cause discomfort in household relationships. This study aims to look at the role of the Bojonegoro Alliance for Women and Children (APPA) community in responding to the phenomenon of toxic relationships such as domestic violence, not being provided for, infidelity and others that often occur in families and how to prevent and then overcome such cases. The method used is descriptive analysis with a field research model using interviews and data research at the Bojonegoro Alliance for Women and Children (APPA), which has handled many such cases. The first stage is to analyse the field and cases of toxic relationships in the community, then conduct in-depth research and interviews with the object of study and then analyse the data linked to the concept of Mubadala in the family. The result of this research is that women's organisations are very helpful in preventing toxic relationships in the family. As well as helping women deal with the problem of violence in the family in the form of legal and psychological assistance after the incident.

Analisis Hukum Keluarga Islam Terhadap Pasal 4 Ayat (2) Peraturan Pemerintah Nomor 45 Tahun 1990 tentang Izin Perkawinan dan Perceraian Bagi Pegawai Negeri Sipil Rofi'i, Hilmi Yusron; Zaki, H. Muhammad; Faizal, Liky; Qohar, Abd.
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 1 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i1.1576

The purpose of this study was to analyze the reasons why female civil servants were prohibited from becoming second, third and fourth wives based on Government Regulation Number 45 of 1990; and to analyze based on Islamic family law against the prohibition of female civil servants to become second, third and fourth wives based on Government Regulation Number 45 of 1990. The results of this study are the Prohibition of Women Civil Servants from becoming the third and fourth second wife is a preventive measure to prevent women who are civil servants from disputes in the family, prevent women from psychological pressure caused by polygamy has an impact on changing attitudes so that can interfere with their performance as a civil servant, to prevent children from psychological pressure that results in children's future growth, and protect the rights of wives and children regarding civilization in the event of a divorce in a polygamous marriage which can harm a woman with a civil servant status and result in imperfect rights support the child. The prohibition of women who are civil servants from becoming the second third and fourth wives in Government Regulation Number 45 of 1990 is in accordance with the maqashid sharia, namely to protect the soul (hifdz nafas) and protect the offspring (hifdz nasl), namely to protect children from the consequences If a civil servant woman becomes a polygamous wife

Mut'ah Marriage Law in Perspective of Sayyid Husain Al-Thabaâ€™thabaÃ and Their Relevance with Family Law in Indonesia Qohar, Abd; Zaki, Muhammad; Faizal, Liky; Rofi'i, Hilmi Yusron
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

This study aims to examine Al-Thabaâ€™thabaÃ 's thoughts on Mut'ah marriage and its relevance to family law in Indonesia. This research is a type of library research by descriptive-analytical approach. The primary data in this study are the Qur'an, Hadith, books by Al-Thabaâ€™thabaÃ, the 1945 Constitution, Law Number 1 of 1974 concerning National Marriage Law, PP. Number 9 of 1975 as the implementing regulation of Law no. 1974, and INPRES No.1/1991 on the Compilation of Islamic Law (KHI). This study uses deductive thinking techniques and the data analysis uses maqashid sharia theory. The results show that Al-Thabaâ€™thabaÃ 's thoughts on the permissibility of Mut'ah Marriages are not relevant to the purpose of marriage and the purpose of making legislation. As the purpose of making the law is the value of justice, usefulness, and legal certainty, besides the law is also made to create benefit in society. Al-Thabaâ€™thabaÃâ€™s thought regarding Mut'ah Marriage must be rejected because it violates the values of the legal objectives, namely justice, benefit, and legal certainty, and also harms the values of benefit. To provide firmness to prohibit the practice of mut'ah marriage in Indonesia, it is necessary to amend Article 2 of Law Number 1 of 1974 concerning Marriage to "a legal marriage is carried out following their respective religions and registered following the legislation. invitation".

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