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INDONESIA
AL-HUKAMA´
Published by Universitas Islam Negeri Sunan Ampel
ISSN : 20897480     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al-Hukama': Jurnal Hukum Keluarga Islam di Indonesia diterbitkan oleh Prodi Hukum Keluarga Islam (ahwal As-Syakhsiyyah) Fakultas Syari’ah dan Hukum UIN Sunan Ampel Surabaya. Jurnal ini memuat tentang kajian yang berkaitan dengan seluruh aspek Hukum Keluarga Islam di Indonesia. Jurnal ini terbit dua kali setahun: bulan Juni dan Desember. p-ISSN: 2089-7480 , e-ISSN: 2548-8147
Arjuna Subject : -
Articles 343 Documents
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Tatacara Pemeriksaan Permohonan Dispensasi Kawin Menurut Perma Nomor 5 Tahun 2019 (Analisis Putusan No.0017/Pdt.P/2020/Pa.Lpk) Muhammad Syukri Albani Nasution; Ali Akbar; Maimunah Siagian
AL-HUKAMA Vol. 10 No. 2 (2020): December 2020
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2020.10.2.271-294

Abstract

Children have the right to choose, whether to marry or not, and when their choice falls to marry, then the biggest thing to be considered is the age, the age that is considered safe and permissible for marriage, from a health perspective, from a psychological perspective, as well as from an economic standpoint. This study aims to see how the judges consideration in deciding marriage dispensation cases, based on the analysis of the judge's decision No.0017 / Pdt.P / 2020 / PA.Lpk. The method used in this research is normative juridical. Indonesia as a State party to the Convention on the rights of the child (Convention on the rights of children) assert, that all actions concerning children undertaken by institutions, social welfare institutions, state or private, courts, administrative authorities or legislative bodies, are implemented in the best interest of the child, to provide protection for children who choose to marry while they are hindered by age
The Problematics of Simple Lawsuit Implementation To Reduce Civil Cases In Supreme Court Bambang Sugeng; Zahry Vandawati Ch.
AL-HUKAMA Vol. 10 No. 1 (2020): June 2020
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2020.10.1.171-194

Abstract

This research has purpose to analyze the implementation of a simple lawsuit settlement to reduce the accumulation of civil cases in the Supreme Court. Also to analyze the constraints and obstacles in the application of simple claim resolution to reduce the buildup of civil cases and investigate the constraints and obstacles in the application of simple claim resolution to reduce the buildup of civil cases. This research is normative legal research that used the approach of statute approach and conceptual approach. The result of this research indicated that the implementation of simple lawsuit mechanismin court process could be quite helpful for citizen to settle the civil cases on state court with a quick process, simple system and low cost. In the context of implementing a simple lawsuit mechanism in court proceedings, there are several obstacles and have not maximally utilized in society, such as the minimum limit for the value of material claims is at most Rp. 200,000,000.00 (two hundred million rupiahs).
Kisah Perempuan Pekerja Migran Indonesia di Hong Kong: Perjuangan untuk Keluarga dan Pendidikan Anak Wahidah Zein Br Siregar
AL-HUKAMA Vol. 10 No. 2 (2020): December 2020
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2020.10.2.243-270

Abstract

This study aims to describe struggle of Nurdiana and Tira, two Indonesian female migrant workers who work in domestic sector in Hong Kong. They are part of thousands of Indonesian migrant workers in this country. Data from BNP2TKI shows that in 2019 only, there were 70,840 migrant workers placed in Hong Kong. Most of them are women. These women work in informal sectors, particularly domestic works. Using life story method, this research is able to find out that the main reason for both Nurdiana and Tira to work in Hong Kong is to fulfill their family needs and support education of their children. Their children are studying in Pesantren. Life story gives chances to both informants to talk more about their work, their relation with employers, family, friends, and challenges they face, including that of COVID-19. Their stories provide an understanding of the real situation faced by these two family heroes.
Islam dan Adat dalam Tradisi Perkawinan Masyarakat Suku Bugis: Analisis Interaksionisme Simbolik Abd. Sattaril Haq
AL-HUKAMA Vol. 10 No. 2 (2020): December 2020
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2020.10.2.349-371

Abstract

This article is intended to examine the relationship between Islam and adat in the Bugis traditional wedding procession by using symbolic interactionism analysis. The procession of the Bugis traditional wedding tradition is divided into several parts, namely mappese-pese or mabbaja laleng which is interpreted as a process to find out whether the couple to be married has a fiance or not, this is intended as a form of caution not to propose to a woman who has been proposed. by other people. Madduta is done as a form of appreciation or love among humans. Mappettu ada is meant to reinforce the outcome of the conversation and is intended to elevate the position of women in the procession. Mappacci is meant to carry out the self-cleaning process by using several traditional instruments and using the Koran and praise to the Prophet in the form of reading barazanji as its main foundation and giving leko' is meant as a form of husband's responsibility in providing for his wife. This gives legitimacy that Islam and customs in the tradition of Bugis marriage go hand in hand or a form of acceptance of the Bugis community with Islamic values described in the traditions being carried out.
Tradisi Ngorek Pada Upacara Nyongkolan Perkawinan Adat Sasak Tanak Awu Jamaludin Jamaludin; Arif Sugitanata
AL-HUKAMA Vol. 10 No. 2 (2020): December 2020
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2020.10.2.319-348

Abstract

This article discusses the tradition of ngorek at the nyongkolan ceremony in the traditional Sasak Tanak Awu marriage. The ngorek tradition is a tradition which is done in the afternoon when the nyongkolan event is taking place. At the time of the event, the groomsmen perform the tradition of chopping or stabbing one of his own limbs with a sharp weapon such as swords, kris and so on, so that sometimes these activities cause injuries to their limbs. The main focus of the study of this article is why the Sasak Tanak Awu people still practice the tradition of ngorek by using the concept of reasons for the emergence of legal practice in society which was initiated by Satjipto Raharjo, this paper finds that the factors of the Tanak Awu Village community in carrying out the Ngorek tradition are, first, to show off invulnerability, second, attracts girls and third, keeps tradition Artikel ini membahas mengenai tradisi ngorek pada upacara nyongkolan dalam perkawinan adat Sasak Tanak Awu. Tradisi ngorek adalah sebuah tradisi dimana dilakukan pada sore hari ketika acara nyongkolan sedang berlangsung. Pada saat acara tersebut, laki-laki pengiring pengantin melakukan tradisi ngorek dengan cara membacok atau menusuk salah satu anggota badannya sendiri dengan keras menggunakan senjata tajam seperti pedang, keris dan lain sebagainya, sehingga terkadang kegiatan tersebut menyebabkan terjadinya luka-luka pada anggota badan merekaf. Fokus utama kajian artikel ini adalah mengapa masyarakat Sasak Tanak Awu masih melakukan tradisi ngorek dengan menggunakan konsep alasan munculnya praktek hukum dalam masyarakat yang digagas oleh Satjipto Raharjo, tulisan ini menemukan bahwa faktor-faktor masyarakat Desa Tanak Awu melakukan tradisi Ngorek adalah, pertama, untuk memamerkan ilmu kebalnya, kedua, menarik perhatian para gadis dan ketiga, menjaga tradisi.
Dilema Perkawinan Adat Sumbawa di Masa Pandemi Covid-19 Fatihatul Anhar Azzulfa
AL-HUKAMA Vol. 10 No. 2 (2020): December 2020
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2020.10.2.372-398

Abstract

The procession of traditional marriage is a custom in the community that contains all rituals and require the implementation that must done by many people. The dilemma that occurs in the people of Sumbawa is a problem that must be faced together between the community and the government. This paper tries to explore and examine how the practice of traditional Sumbawa marriage when the Covid-19 pandemic took place in Brang Biji Village, Sumbawa District, Sumbawa Besar Regency. This research is a field research using descriptive analytical method. In this case, the local government has issued a policy during a pandemic Covid-19 to any person who performs his business to always implement health protocols. Meanwhile, the community understands that the traditional marriage procession must always be carried out and the pandemic is not a barrier. The obligation to carry out a traditional marriage procession is not regulated in terms of harmony or marriage conditions, but this customary procession does not contradict Islamic law. Marriage will remain valid if it is carried out in harmony and legal conditions of marriage according to Islamic law without carrying out the traditional procession in marriage. The government should provide an understanding to the community that during the Covid-19 pandemic, traditional marriage processions brought more mafsadah than benefits. Traditional procession becomes less meaningful if it ultimately brings bad consequences to himself or others
Pelaksanaan Ijab Kabul Pernikahan di Masa Pandemi Covid-19 di KUA Kecamatan Sampang Madura Dakwatul Chairah
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 11 No. 1 (2021): Juni 2021
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2021.11.1.57-75

Abstract

This study aims to determine the implementation of the ijab kabul during the Covid-19 pandemic at the KUA, Sampang District, where there seems to be a change in the legal behavior of the community, where the Ijab and Kabul must be continuous and comply with health protocols. The method used is descriptive qualitative, which describes and studies in depth the practice of ijab and kabul at the KUA in Sampang District and then analyzes it based on the perspective of Islamic law or fiqh. This study found that, KUA Sampang District, Sampang Madura Regency issued a new procedure in the marriage contract. In the implementation of the Ijab and Kabul, the Penghulu as the representative of the female guardian performs ageppak bumih (clapping hands to the earth) after saying the Ijab so that the prospective groom immediately answers (kabul) the consent that was said by the Penghulu. They view that the marriage contract must be carried out in one assembly, where the ijab must be continuous with the kabul. In the implementation of the ijab kabul, the headmaster and the groom face each other, are about one meter apart, and do not shake hands. The penghulu claps his hands to the earth to remind the groom to immediately say Kabul, because there should be no time lag between ijab and kabul. This does not cause the marriage contract to be canceled, because ageppak bumih is an act of reminding the groom to immediately pronounce his kabul, answer the consent of the penghulu and so that the marriage contract remains valid.
Fenomena Pesta Pernikahan Adat Dayak di Tengah Keragaman Beragama Husnun Nahdhiyyah
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 11 No. 1 (2021): Juni 2021
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2021.11.1.1-25

Abstract

Legal marriages according to Islamic law are not necessarily legal according to Dayak customary law. The bride and groom must hold a traditional Dayak wedding ceremony in which there are things that are contrary to Islamic law, such as cutting pigs, wine and begendang party. This study is a qualitative research with symbolic interpretative approach using observation, interviews and documentation in the data collection. Primary data were directly obtained from interviews with religious leaders, Dayak traditional demons and Dayak indigenous people. There are three variants of the views of the Muslim Dayak community on the traditional Dayak Sungai Melayu Rayak wedding ceremony procession, namely: theological normative, sociological normative and sociological empirical. There are two categories and philosophical reasons for the preservation of the traditional wedding ceremony procession by the Dayak religious Leaders and Demong Dayak Adat Melayu Sungai Rayak, namely internal and external. Internal reasons include: the sacredness of marriage, the commitment of marriage, the practice of plurality in the family and the procession of the traditional wedding ceremony that is a culture that needs to be preserved and maintained because it can create inter-religious harmony. While external reasons include: avoiding the moral sanction that is not recognized, social sanctions are excluded, namely economic sanctions imposed fines and the last is controlling.
DNA As The Determination of Descendant of Children Outside of Marriage Under The Perspective of Ibn Taimiyyah Achmad Fageh
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 11 No. 1 (2021): Juni 2021
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2021.11.1.137-159

Abstract

The focus of this study was ibn Taimiyyah's ijtihad on the status of children outside marriage and its correlation with the determination of DNA as normative evidence of child status. The purpose of the research was to find out the results of Ibn Taimiyyah's ijtihad related to the position of children outside marriage and its correlation to the determination of DNA as a valid child status. This type of research is in the form of a literature study ijtihad Ibn Taimiyyah in Majmu' Fatawa's book using descriptive deductive analysis. The determination of child' in Islamic perspective has  significant meaning, with resolution can be known relationship between child and father. His Father's decision is the first right of a child when it is born into the world that must be fulfilled. According to Ibn Taimiyyah, adulterous children can still be recognized by unfaithful men and have mahram relationships with both parents. Adulterous children have mahram relationships with the man, provided that the man realizes the adulterous child as his son. Then according to Ibn Taimiyyah's view, civil relations, both inheritance, living, and guardianship of unfaithful children with adulterous men who admit the child is severed due to adultery, Ibn Taymiyyah's opinion has a solid correlation with the verdict of Mk No. 46/PUU-VIII/2010,  namely the affirmation of his father of an unmarried child having a blood relationship and civil relations with his biological father and father's family as evidenced by DNA tests. The legal relationship of an out-of-wedlock child with his biological father gives rise to the right and obligation in return.
Marriage Dispensation in Indonesia on The Perspective of Maqāṣid Al-Usrah Sanuri Sanuri
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 11 No. 1 (2021): Juni 2021
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2021.11.1.26-56

Abstract

Currently, the number of early marriage or underage marriage in Indonesia has increased sharply. In 2020, there are approximately 34,000 applications for marriage dispensation to the courts.. Of that number, 97% of the requests were granted. This means that almost all applicants for marriage dispensation are granted by the courts. Therefore, to measure whether the dispensation of the underage marriage has met the standart of mas}lah}ah for the perpetrator or not, it will be analyzed using the theory of maqāṣid al-usrah. The results of the research state that: (1) the motives for conducting underage marriage are due to economic factor, government policy to close schools during the Covid-19 pandemic, the rise of glorification of marriage on social media, and incidents of pregnancy out of wedlock; (2) giving dispensation by the courts to the applicants to continue conducting underage marriage is legally valid as fiqh al-munākaḥāt fiqh (Isalmic jurisprudence on marriage), but it can turn into ḥarām if the potential of harm is greater than the benefit for the bride and groom.

Page 31 of 35 | Total Record : 343

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