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All Journal USRAH: Jurnal Hukum Keluarga Islam Al-Hukmi : Jurnal Hukum Ekonomi Syariah dan Keluarga Islam Jurnal Ilmiah Nusantara Adagium: Jurnal Ilmiah Hukum
Ali Khosim
UIN Sunan Gunung Djati Bandung
Religion Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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PENERAPAN NORMA HUKUM NAFKAH IDDAH DALAM PERKARA CERAI GUGAT: ANALISIS RATIO DECIDENDI PUTUSAN HAKIM PENGADILAN AGAMA Nur Aini Asri Devi; Ali Khosim; Riyan Ramdani
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/8m06zy16

Abstract

Iddah alimony is a post-divorce right received by the wife. Iddah alimony due to talaq is specifically regulated in Article 149 of the Compilation of Islamic Law (KHI), while the regulations on ifdah alimony for divorce have not been explicitly contained in a regulation. Because of this gap, the government issued SEMA No. 3 of 2018 as a regulation to protect the rights of wives in divorce lawsuits. However, instead of applying SEMA a quo in legal considerations, the council of judges in several judgments of iddah alimony divorce prefer to use articles 149 of the Code of Civil Code or 152 of the Code of Civil Procedure, even though the two articles normatively only apply to the consequences of talaq. The purpose of this study is to find out the practice of applying the norm of iddah alimony by judges in the Religious Court in the divorce decree and analyze its conformity with the applicable positive law. The research method used is normative legal research that focuses on examining the rules and norms of law in positive law. The results of the study show that the application of articles 149 and 152 of the KHI is not appropriate in adjudicating the maintenance of the divorce lawsuit, and has violated the principle that the decision must contain a correct and appropriate legal basis or reason as contained in article 50 paragraph 1 of Law Number 48 of 2009 concerning Judicial Power. This research is expected to be an input for judges in religious courts regarding the application of legal norms of alimony, and as a new breakthrough for lawmakers to form regulations regarding the legal consequences of divorce lawsuits.
Tafsir Tematik Tentang Kafa’ah (Kesepadanan) dalam Perkawinan: Analisis Hukum Keluarga Perspektif Al-Quran Elliani Fikriyah; Ali Khosim; Athoillah Athoillah
JURNAL ILMIAH NUSANTARA Vol. 3 No. 1 (2026): Jurnal Ilmiah Nusantara Januari 2026
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jinu.v3i1.8082

Abstract

The concept of kafa'ah or equivalence in marriage is one of the fundamental principles in Islamic family law that aims to maintain harmony and social balance. The Qur'an does not mention the term kafa'ah explicitly, but the principle of equivalence is emphasized through QS. an-Nūr: 26, QS. an-Nisā': 25, and QS. al-Ḥujurāt: 13, which emphasizes that ideal equivalence in marriage focuses on the balance of faith, morals, and piety, not social or economic status. The understanding of kafa'ah in the contemporary context has undergone a reinterpretation, shifting from a focus on socio-structural status to an emphasis on ethical-religious aspects, relevant within the framework of maqāṣid al-syarī‘ah to realize welfare and justice. This study uses the thematic interpretation method to analyze the concept of kafa'ah in the Qur'an and its implications in contemporary Islamic family law. The research results show that kafa'ah should be understood as the equivalence of religious values, visions, and responsibilities, not simply equality of social or economic status.
Musyawarah dan Saling Menghormati Antara Suami Istri: Kajian Tafsir Tematik Atas Prinsip Keharmonisan Keluarga (Menjelaskan Nilai Syura dalam Relasi Rumah Tangga dan Pengasuhan Anak) Siti Masitoh; Ali Khosim; Athoillah Athoillah
JURNAL ILMIAH NUSANTARA Vol. 3 No. 1 (2026): Jurnal Ilmiah Nusantara Januari 2026
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jinu.v3i1.8083

Abstract

Human well-being, peace, and tranquility can be achieved and begin with a harmonious household. A safe home, characterized by mutual love and respect, will produce good individuals who will not disturb the atmosphere or pose a danger to society. Implementing the concept of a harmonious family requires a strong commitment from each family member. This involves a willingness to support, respect, and understand one another. This paper uses qualitative research, which examines social phenomena from the perspective of participants. In traditional husband-wife relationships, there is a division of duties and roles between husband and wife. The husband is responsible for earning a living, while the wife is responsible for managing the household and raising children. Male leadership over women is not a form of discrimination against women, but rather a form of Islamic respect for women's status as wives who must be protected.
Analisis Pertimbangan Hukum Hakim dalam Mengabulkan Perceraian Akibat Pisah Rumah dan Pisah Ranjang di Bawah 6 Bulan Dalam Tinjauan Sema No. 3 Tahun 2023 (Studi Putusan NO. 5960/Pdt.G/2023/Pa/Bdg) Nurul Mazidah; Ali Khosim; Harry Yuniardi
Al-Hukmi : Jurnal Hukum Ekonomi Syariah dan Keluarga Islam Vol. 7 No. 1 (2026): Al-Hukmi : Jurnal Hukum Ekonomi Syari’ah dan Keluarga Islam
Publisher : Fakultas Syariah dan Ekonomi Islam, Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/alhukmi.v7i1.9498

Abstract

Divorce due to persistent disputes and quarrels is one of the dominant cases examined by the Religious Courts, so guidelines are needed that can guarantee uniformity in the application of the law and avoid disparities in decisions in similar cases. This is the background to the formation of SEMA Number 3 of 2023 as an amendment to SEMA Number 1 of 2022 which stipulates guidelines regarding the provisions of a minimum separation period of six months as a condition for divorce, unless there is an element of domestic violence (KDRT). This study uses a qualitative method with a normative juridical approach that aims to analyze the position of SEMA in the Indonesian legal system as well as the legal considerations and judge's decision in Decision Number 5960/Pdt.G/2023/PA.Bdg which applies a different approach from the guidelines formulated in SEMA Number 3 of 2023. The results of the study indicate that persistent disputes and quarrels are one of the reasons for divorce as regulated in Article 116 of the Compilation of Islamic Law. The SEMA is not included in the hierarchy of laws and regulations, but has a position as a policy regulation (beleidsregel) that serves to provide guidelines for judges in deciding cases. In the a quo case, the judge granted the divorce suit even though the parties had not separated for six months as the indicators formulated in SEMA Number 3 of 2023. The decision was based on trial facts that showed continuous disputes and quarrels and no hope of living together again. This study concludes that the judge's legal considerations remain based on positive legal provisions regarding the grounds for divorce, with an emphasis on realizing benefits and welfare for the parties rather than fulfilling the formal indicators stipulated in the SEMA.
Pendekatan Tafsir Fiqhi dalam Menafsirkan Al-Qur’an: Analisis Karakteristik dari Kitab-Kitab Tafsir Fiqhi dalam Perspektif Hukum Islam Muhammad Frayoga Mustafa Syam; Athoillah; Ali Khosim
Adagium: Jurnal Ilmiah Hukum Vol 4 No 1 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/adagium.v4i1.274

Abstract

This article examines the Islamic jurisprudence (fiqh) approach to interpreting the Qur'an through an in-depth study of the methodology and characteristics of the interpretation contained in Al-Qurtubi's monumental work, Al-Jami` li Ahkam al-Quran. The study focuses on how Al-Qurtubi combines Islamic jurisprudence (fiqh) with Islamic exegesis (tafsir) to explain Qur'anic verses related to sharia laws in a detailed and structured manner. The method used in this interpretation emphasizes understanding the legal context, Islamic jurisprudence principles, and the integration of evidence from the Qur'an, hadith, and the opinions of previous scholars. The results of the study indicate that Al-Qurtubi's interpretation has systematic and comprehensive characteristics in explaining Islamic law, thus becoming a primary reference for scholars and researchers in the fields of interpretation and fiqh. This study also highlights the contribution of Islamic jurisprudence (fiqh) interpretation in enriching the understanding of the Qur'anic text, especially in the context of the application of Islamic law.
Co-Authors Athoillah Athoillah Athoillah Elliani Fikriyah Harry Yuniardi Muhammad Frayoga Mustafa Syam Nur Aini Asri Devi Nurul Mazidah Riyan Ramdani Siti Masitoh