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All Journal Hukum Islam Hamalatul Qur'an : Jurnal Ilmu Ilmu Al-Qur'an
Selinah, Selinah
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Penyelesaian Permasalahan Keluarga secara Mediasi Non Litigasi Perspektif Hukum Islam dan Hukum Positif Selinah, Selinah; Dalimunthe, Paisal Ahmad; Ismail, Hidayatullah
Hamalatul Qur'an : Jurnal Ilmu Ilmu Alqur'an Vol. 5 No. 2 (2024): December 2024
Publisher : Pondok Pesantren Hamalatul Qur'an Jogoroto Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37985/hq.v5i2.277

Abstract

The implementation of non-litigation mediation is very important in the community, considering that the number of family dispute cases brought to religious courts is increasing every day. The implementation of non-litigation mediation in this law results in practice, people in various regions tend to resolve disputes through mediation in accordance with the customs and culture that prevail in their respective environments. This research is a library research. Literature research is a study method that aims to collect information and data by utilizing various material sources available in the library. The results of the study show that from the perspective of Islamic law, mediation is considered an effective tool to resolve disputes in a faster and lower cost way. This process can also help the parties reach a better agreement and fulfill a sense of justice (Shaifullah). Out-of-court consultation refers to Surah An-Nisa verse 35.  Meanwhile, in positive law, conflict resolution methods are known as negotiation, litigation, mediation, and arbitration.  
Perspektif Yuridis dan Hukum Islam terhadap Keabsahan Ayah Angkat sebagai Wali Nikah Selinah, Selinah; Akbarizan, Akbarizan
Hamalatul Qur'an : Jurnal Ilmu Ilmu Alqur'an Vol. 5 No. 2 (2024): December 2024
Publisher : Pondok Pesantren Hamalatul Qur'an Jogoroto Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37985/hq.v5i2.278

Abstract

Marriage registration is often a challenge for marriage registrars at the sub-district level because people often do not understand the laws and regulations related to marriage. One of the obstacles that often arises is the inconsistency of data regarding the status of guardians, even though administratively all requirements have been met during registration. This problem generally occurs when the bride-to-be is an adopted child, where the identity on the birth certificate and ID card includes the surname of the adoptive father. This situation causes difficulties in the recording process, especially related to the determination of the legal guardian as one of the pillars of marriage. If the adoptive father's name is included in the marriage book, this can cause problems later on, such as in terms of inheritance rights and other legal aspects. This research is a library research using a normative approach. There are several problem formulations in this study, including First, how is the perspective of Islamic law on the validity of the adoptive father as a guardian in marriage. Second, what is the juridical perspective regarding the adoptive father as the guardian of the marriage. The method of collecting legal materials used is the collection of library materials, because this method is in accordance with the type of research that has been described earlier. The results of the study show that in the view of Islamic law, nasab describes a strong kinship bond, especially in the relationship of descent between children and parents. The person who has the main right to be the guardian for a woman who is going to marry is the guardian of the nasab line. This is because the nasab relationship is considered the strongest and closest bond, thus providing special rights in terms of guardianship. Meanwhile, Article 6 paragraph (6) of the Law on Marriage and Article 20 paragraph (2) in the Compilation of Islamic Law regarding the position of the marriage guardian show that the adoptive father cannot be the marriage guardian for the Muslim bride. This is because the adoptive father is not included in the category of guardian nasab, because there is no blood relationship with the bride. Therefore, for the adopted children of Muslim women, the right as a guardian falls to the guardian of the judge.
ANALYSIS OF FAMILY ISSUES FROM A PSYCHOLOGICAL PERSPECTIVE AS AN EFFORT TO RECONSTRUCT ISLAMIC FAMILY LAW IN INDONESIA selinah, Selinah; Hairunnas, Hairunnas; Tohirin, Tohirin
Hukum Islam Vol 25, No 1 (2025): Islamic Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v25i1.37554

Abstract

This study examines the reconstruction of Islamic family law in Indonesia by integrating a family psychology approach to strengthen household resilience and prevent breakdowns caused by early marriage, infidelity, divorce, and domestic violence. From the perspective of fiqh munakahat, the reconstruction of Islamic family law is directed towards redefining marriage norms, including psychosocial maturity requirements, financial responsibility, and the division of parenting roles to achieve justice and compassion within the family. Literature review and policy analysis methods were used to examine the emotional readiness of couples, premarital financial literacy, and sharia-based conflict resolution mechanisms. The results of the study indicate that it is necessary to: (1) revise the Marriage Law to emphasise the integration of psychosocial requirements in Islamic marriage licensing; (2) create a psychosocial-based premarital module that must include training in effective communication, emotion management, and conflict resolution strategies in accordance with the principles of al musawah and al ta‘awun to reduce the risk of divorce; (3) involve family psychologists in premarital counselling at BP4 and religious court mediation to enhance couples' coping abilities; (4) establish effective Family Consultation Institutions (LKK) at the sub-district/village level as interdisciplinary education centres. The implementation of this reconstruction framework is expected to produce proactive, holistic Islamic family law that is oriented towards psychological resilience and the well-being of the community
Co-Authors Akbarizan Akbarizan Dalimunthe, Paisal Ahmad Hairunnas, Hairunnas Hidayatullah Ismail, Hidayatullah Tohirin Tohirin