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All Journal USRATUNA: Jurnal Hukum Keluarga Islam JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah
Misbachul Fitri, Abd. Basit
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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KONSEP KAFA’AH PERSPEKTIF KITAB IBANAT AL-AHKAM Misbachul Fitri, Abd. Basit; Nafi’ah, Siti
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 2 (2024): Mei 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Kafa'ah in linguistic terms is المساوة والمماثالة which means balance and equal balance, while in terms it is equality between husband and wife in perfection. Kafa'ah is a factor that can encourage the creation of happiness between husband and wife and also reduce the chances of domestic conflict arising and ensure the safety of a woman from failure in building a household. Shaykh Abu 'Abdillah Al'alussy in the book Ibanat al-Ahkam provides an understanding that kafa'ah is a matter of religion. Because marriage is a religious order and is worth worship. With a religion, a person is expected to be able to carry out the teachings of his religion well. Meanwhile, other kafa'ah factors, namely lineage, wealth, employment, independence status are supporting measures. It was also emphasized that apart from religion, nowadays kafa'ah is also seen in terms of personal quality, level of intellectual intelligence and level of education, in this way we are able to bring a more contemporary concept that is able to meet the needs of the times.
Prinsip dan Jenis Tahapan Persidangan Hukum Acara Perdata Misbachul Fitri, Abd. Basit; Hidayati, Erifah
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 9 No. 1 (2025): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65356/usratuna.v9i1.932

Abstract

This article examines the principles and stages of civil procedural proceedings in Indonesia as an effort to realize a judicial system that is simple, fast, and low-cost. The study is motivated by the high number of civil cases resolved through litigation, which has led to case backlogs and reduced judicial efficiency. Using a normative juridical approach, this research analyzes statutory regulations, legal doctrines, and civil court practices. The discussion focuses on the stages of civil proceedings at the court of first instance, beginning with the initial hearing that includes the reading of the statement of claim and the mandatory mediation process, followed by the stages of pleadings, evidence, conclusions, and judgment. The article also elaborates on the possible outcomes of the first hearing, such as default judgments (verstek), dismissal of claims, settlement judgments, and the continuation of proceedings when mediation fails. Furthermore, this study discusses the fundamental principles of civil procedure, including the principle of open court hearings, the principle of audi et alteram partem, judicial impartiality, as well as the principles of justice, equality, and legal certainty. The study concludes that the consistent application of procedural principles and stages, accompanied by the optimization of mediation, is essential to enhance the effectiveness of civil dispute resolution and to strengthen public trust in the judiciary.
Sejarah Tradisi Khitbah Dalam Islam dan Adat Indonesia Misbachul Fitri, Abd. Basit; Miftakhuddin , Mukhammad
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 5 No. 1 (2025): Nopember 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Khitbah (marriage proposal) constitutes an initial stage that holds an important position in the process of marriage, both from the perspective of Islamic law and in the practice of customary law in Indonesia. This article aims to examine the concept, legal basis, principles, and procedures of khitbah in Islam, while also exploring the history and variety of khitbah traditions within several Indonesian customary systems, such as Javanese, Minangkabau, Bugis-Makassar, Batak, and Sundanese customs. The study employs a library research method with normative and historical approaches, through analysis of sources from the Qur’an, Hadith, scholarly opinions, the Compilation of Islamic Law, as well as literature on customary law and legal anthropology. The findings indicate that khitbah in Islam has a clear legal foundation, with its original ruling being permissible (mubāḥ), which may change depending on circumstances, and is regulated by conditions, rights, and limitations intended to safeguard the interests of all parties involved. Meanwhile, the practice of khitbah in Indonesian customary law demonstrates diverse forms and procedures, yet essentially serves the same purpose: expressing serious intent toward marriage and fostering kinship relations between families. This article concludes that there is a strong harmonization between Islamic legal provisions and customary law in the practice of khitbah in Indonesia, reflecting the flexibility of Islamic law in adapting to local socio-cultural contexts without abandoning its fundamental principles.
Co-Authors Hidayati, Erifah Miftakhuddin , Mukhammad Nafi’ah, Siti