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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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Metode Hitungan Bagian Banci dalam Waris Islam: Analisis dan Praktik Raja Ritonga
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.2021.11.1.76-104

Abstract

The concept of Islamic inheritance always proposes justice and the principle of benefit. The contradiction of age and the performance of body shaping does not become the standars in dividing inheritance. The differentiate between men and women often becomes chatter in controversy discussion. While, the hermaphrodit or khuntha sometimes are forgetten. In Islamic inheritance view, the hermaphrodit has a special portion and get portion, so this research’s aim to describe the counting methode of hermaphrodit portion in Islamic inheritence. The method is qualitative with the library research. Describing about the hermaphrodit al portion position and counting theirs portion as detail as possible. As the result in this research, the hermaphrodit are ddivided in to two parts; first, before they adult, they were called as khuntha mushkil al-raja’ (whom are still can not determine the gender and they still have hope), second, khuntha mushkil thula hayatihi (the hermaphrodit for their whole life and have no hope). Then, the hermaphrodit is counted for twice. Counting as the men and as the women. The hermaphrodit get a half of men inheritance and a half from women inheritance. Cause, the problem of both of counting of hermaphrodit portion times with the number two as a formula, until the value of the hermaphrodit inheritance is in the middle of men and women.
Pernikahan Dini Bagi Masyarakat Kampung Baru Desa Pitusunggu Kecamatan Ma’rang Kabupaten Pangkep Sulawesi Selatan Said Syaripuddin; Ariesthina Laelah
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.2021.11.1.105-136

Abstract

This study seeks to uncover the traditions of the Kampung Baru community who like to marry off their sons and daughters early. This paper is a qualitative-descriptive research with a phenomenological approach. Data collection is done by interview and observation. Data analysis in this study took place simultaneously with the data collection process. Data analysis was carried out through three stages of the water model, namely data reduction, presentation, and data verification. However, these three stages take place simultaneously, with the aim of providing accurate data and information for Ministry of Religion officials in formulating development policies in the field of religion. The research found that the practice of early marriage has been going on for a long time in Kampung Baru, and has even become a community culture that has been maintained for decades. The people of Kampung Baru view marriage as aiming to elevate one's sosial status. People's motivation for underage marriage is due to economic faktors, education, religion, and lack of legal awareness. In general, households built through underage marriages in Kampung Baru last quite long. The custom of the people of Kampung Baru to marry off their sons and daughters early needs special attention from all parties, especially the relevant government agencies, in order to provide enlightenment to the community about the risks and problems that can be caused to children and born generations.
Memotret Praktik Pengurusan Izin Poligami di Pengadilan Agama Kelas 1.A Dahlia Haliah Ma'u; Wagiyem Wagiyem
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.2021.11.1.185-203

Abstract

This research addressed the permit application for polygamy at a religious court (A Case Study at the Religious Court of Class 1-A Pontianak). The research aimed to analyze the following three aspects: the rule, procedure, and verdict process of the permit application for polygamy at the Religious Court of Class 1-A Pontianak. The data of this qualitative research were obtained from the research field. Then the data were narrated and analyzed through methodological steps and ended with a conclusion. The findings showed that, first, the rule of the permit application for polygamy is based on normative rule of legislations in Indonesia and relevant standard operating procedure. Second, the permit application process for polygamy begins with the submission of the application along with required attachments; and third, the verdict of polygamy permission is made according to the steps of trial and mediation. Based on the prosecution presenting parties at different times except for applicant and respondent, the judge makes a verdict to accept or reject the permit application for polygamy.
Dinamika Penjatuhan Talak Melalui Whatsapp dalam Paradigma Pembaharuan Hukum Keluarga Islam Ahmad Ropei; Ramdani Wahyu Sururie
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.2021.11.1.160-184

Abstract

This article aims to describe the paradigm of Islamic family law reform against the dynamics of the imposition of divorce through WhatsApp  media, one of the problems often faced in various divorce cases. This paper is classified as a qualitative type, with the approach used being library research. Data analysis was carried out using descriptive-analytical techniques. The results of this article indicate that the adoption of divorce via WhatsApp according to most legal scholars is valid with the qiyas approach as the delivery of divorce through writing in the form of a letter. Meanwhile, in the paradigm of reforming Islamic family law in Indonesia, the imposition of divorce via WhatsApp  is considered invalid, considering that the validity of the divorce is only recognized when it is sworn in before the court. This paradigm is based on various efforts to achieve the benefit, especially to avoid arbitrary actions by the husband against his wife unilaterally in terms of imposing divorce and obtaining legal legality.
Nasab Anak di Luar Perkawinan Perspektif Hukum Progresif dan Maqāṣid Sharī’ah Irzak Yuliardy Nugroho; Achmad Safiudin
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 11 No. 2 (2021): Desember 2021
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2021.11.2.1-28

Abstract

The granting of rights in civil relations for children born out of wedlock with their biological fathers can be regarded as an effort to protect children's rights as human beings or citizens. Legislation should exist to protect children's human rights as legitimate children. Article 2 Paragraph (2) and Article 43 Paragraph (1) of Law no. 1 of 1974 concerning Marriage is considered to cause legal uncertainty, which results in loss of marital status and the legal status of children born outside of marriage according to the law. On the other hand, the shari'ah rules relating to the validity of Marriage and civil relations, including lineage, guardianship, inheritance, are expressly regulated by the shari'ah, carried out and internalized in their implementation. This study aims to analyze how the rights of children outside of Marriage in the decision of the Constitutional Court Number 46/PUU-VIII/2010 from the perspective of Progressive Law and how the lineage rights of children outside of Marriage according to maqāsid-al-sharī'ah. This study uses a qualitative method with a juridical-normative approach. The object of this research study is Constitutional Court Decision No. 46/PUU-VIII/2010. The Constitutional Court's decision caused the child's civil rights to be strengthened in the eyes of the law to reflect the application of progressive legal principles. Based on the maqāṣid-al-sharī'ah perspective, the Constitutional Court's decision that defends the rights of children outside of Marriage can be categorized as protecting the soul, which includes maṣlaḥah ḍarūriyah.
Perkawinan Semarga Masyarakat Batak Angkola: Implementasi Hifẓ Al-‘Ird dan Hifẓ Al-Nasl Pada Sanksi Adat Amrar Mahfuzh Faza; Dedisyah Putra; Raja Ritonga
AL-HUKAMA': The Indonesian Journal of Islamic Family Law Vol. 11 No. 2 (2021): Desember 2021
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2021.11.2.29-54

Abstract

For the Angkola Batak Muslim community, the clan is one of the identities used in traditional events. People who share the same ancestor are considered the same ancestor and are still blood relatives. Therefore, clan marriage is a very taboo and sensitive matter in society. This study aims to reveal clan marriages in the Angkola Batak Muslim community and analyze changes in sanctions through maqāsid sharī`a. This study uses a qualitative method with the type of field research. The data was collected through observation, interviews, documentation and tracing several other references relevant to the research theme. Furthermore, the data were analyzed using descriptive analysis. The study results explain that customary holders and the community provide sanctions for everyone who performs clan marriages. Namely, expelled from his hometown and not permitted to live in society. However, along with the changing times, the expulsion was changed by paying a fine in money. Furthermore, in implementing the practice of fines containing hifẓ an-nasl and efforts to preserve local wisdom in the community structure. Because clan marriages can damage the system of dalihan na tolu as a social philosophy of the Angkola Batak tribe.
Najmuddīn Al-Tūfī's Thoughts on The Dynamics of Inheritance Law 2:1 Perspective of Maṣlaḥah Rahmad Setyawan; Muhaman Taufik Kustiawan
AL-HUKAMA': The Indonesian Journal of Islamic Family Law Vol. 11 No. 2 (2021): Desember 2021
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2021.11.2.85-114

Abstract

Islamic hereditary law in the reality of human life demands legal dynamism to vouch for the flexibility and adaptability of genetic law following the characteristics of modern Muslim societies. This article elaborates on the dynamics of the 2: 1 inheritance law between heirs, male and women, from the perspective of the maṣlaḥah of Najmuddīn al-Ṭūfī. To analyze the conception of inheritance 2:1 division, this study attempts to dissect it with the theory of maṣlaḥah Najmuddīn al-Ṭūfī. The studies and analysis have been discovered, resulting in the conclusion that the dynamics of the 2: 1 hereditary law has been subject to embodying the benefits properly. In the view of Najmuddīn al-Ṭūfī, the help is the goal of sharia, even the highest argument if it is contradicted between text and maṣlaḥah. This view, when applied to the verse of the Holy Qur'an, An Nisa (4): 11, will open up opportunities for responsive reinterpretation. Based on this concept, it is understood that deviating from the law of text in the distribution of inheritance is permissible to create benefits for the heirs and avoid disputes.
Sejarah Sosial Talak di Depan Pengadilan Agama dalam Undang-Undang Perkawinan di Indonesia Muhammad Jazil Rifqi
AL-HUKAMA': The Indonesian Journal of Islamic Family Law Vol. 11 No. 2 (2021): Desember 2021
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2021.11.2.55-84

Abstract

Article 39 paragraph (1) of Law Number 1 of 1974 on Marriage and Article 115 of the Compilation of Islamic Law states that divorce must be carried out before the court. Of course, the existence of these regulations cannot be separated from the socio-historical aspects of the promulgation of these regulations. This article, which examines the practice of talak from the colonial period to independence, concludes that first, since the Dutch colonial era until Indonesia's independence, talak has been practiced without involving the state apparatus, but that the incident must be recorded. Law Number 22 of 1946 concerning the Registration of Marriage, Divorce and Reconciliation was then promulgated for Java and Madura, enacted in Sumatra in 1949 and comprehensively implemented in the territory of the Republic of Indonesia in 1954. Second, there was an acculturation of the recording of divorce and the trial of divorce came into effect when the law Marriage is promulgated.
Tolok Ukur Kesepadanan (Kafa’ah) dalam Pernikahan: Perspektif Ibnu ‘Abdil Barr dan Imam Ibnu Al-Humam Athifatul Wafirah
AL-HUKAMA': The Indonesian Journal of Islamic Family Law Vol. 11 No. 2 (2021): Desember 2021
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2021.11.2.115-139

Abstract

This research is library research that aims to explain the thoughts of scholars regarding the concept of kafa'ah. The method chosen is the descriptive analysis method with a comparative approach, which describes the data regarding the opinion of Ibnu 'Abdil Barr and the opinion of Imam Ibnu Al-Humam about the benchmark of equivalence (kafa'ah) in marriage. The data is then analyzed using comparative analysis. From the results of the study, it was found that Ibnu 'Abdil Barr determined the benchmark of equivalence (kafa'ah) based on the Qur'an, Hadith, and ijma' al-madīnah experts. Meanwhile, Imam Ibnu Al-Humam in determining the criterion of equality (kafa'ah) in marriage is based on the Qur'an, Hadith, and 'urf. Ibnu 'Abdil Barr and Imam Ibnu Al-Humam have the same istinbat method, namely using the Qur'an and Hadith as the main and second basis. The difference between the two lies in determining the benchmark of equivalence (kafa'ah) in terms of religion alone, the basis for strengthening Ibn 'Abdil Barr in determining the benchmark of equivalence on the consensus of al-Madinah experts. Meanwhile, Imam Ibnu Al-Humam determines the benchmark of equivalence (kafa'ah) from five criteria, namely: lineage, independence, religion, wealth and profession. Imam Ibn Al-Humam uses 'urf as a consideration.
Transformasi Mahar Perkawinan Melalui Estetika di Desa Paberasan Kabupaten Sumenep Khoirin Nisa'; Darmawan Darmawan
AL-HUKAMA': The Indonesian Journal of Islamic Family Law Vol. 11 No. 2 (2021): Desember 2021
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2021.11.2.140-166

Abstract

One of the essential parts of marriage is the dowry that must be given from the prospective husband to the future wife. Dowry is not included in the pillars of marriage but needs to be delivered to respect the existence of women. This study aims to determine whether the dowry with an aesthetic concept can be affordable? To what extent is the aesthetic limit in the dowry? The research method used in this study is a mixture of library research and field research. In addition to using literature such as books, notes, and several previous studies, this study also collected data through interviews. Giving dowry by carrying out the aesthetic concept, namely using the date of marriage, no prohibition is found. As long as the dowry is affordable and the husband can give it, then it may be done, of course, with due observance, that the dowry does not conflict with the Shari'a. In aesthetics, there are five values, as described by Laurie Schneider Adams, namely: material values, intrinsic values, religious values, nationalism values, and psychological values. The most dominating value in this study is the psychological value because it can bring a reaction of happiness and pleasure to the subject. In the view of psychology, happiness can be created by oneself, and everyone has their parameters for creating happiness for themselves. Aesthetics in this dowry can give value and satisfaction to the subject because it contains beauty.

Page 32 of 35 | Total Record : 343

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