cover
Contact Name
Fariz Al-Hasni
Contact Email
al.ihkam@uinmataram.ac.id
Phone
+6285934327883
Journal Mail Official
al.ihkam@uinmataram.ac.id
Editorial Address
Berugak Journal, Jln. Pendidikan No. 35, Kota Mataram Nusa Tenggara Barat 83125
Location
Kota mataram,
Nusa tenggara barat
INDONESIA
Al-Ihkam: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram
ISSN : 20881169     EISSN : 27146391     DOI : https://doi.org/10.20414/alihkam
Core Subject : Religion, Social,
Al-Ihkam Journal is one of the Faculty Sharia journals of the Departement Islamic Family Law (Ahwal Syakhshiyyah) Universitas Islam Negeri Mataram, which intensely tries to respond, criticize, and comprehensively analyze related issues in contemporary Islamic Family Law from various scientific perspectives.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
Search results for , issue "Vol. 12 No. 1 (2020): Juni" : 6 Documents clear
GENDER EQUALITY FOR WOMEN VICTIMS OF VIOLENCE IN HOUSEHOLD Dudi Badruzaman; Ahmad Ropei
Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 12 No. 1 (2020): Juni
Publisher : Universitas Islam Negeri (UIN) Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (272.584 KB) | DOI: 10.20414/alihkam.v12i1.2141

Abstract

Discrimination against women is a problem that often occurs in almost all levels of society, even in most parts of the world. This study aims to determine the understanding of gender equality and how the results of the analysis to reduce violence and provide justice for women in Indonesia. The method used is field research by collecting data, conducting interviews, and analyzing documentation data. Gender is not a movement that fights for women's destiny, on the contrary, it is a movement that erases maternal instincts from women by separating the natural and non-natural roles. Thus, gender is not just a term but a doctrine feminist that erases human nature.
REACTION OF ULAMA ON FATWA CONTEMPORARY YUSUF AL-QARADHAWIY ABOUT SUICIDE BOMBING Dahyul Daipon
Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 12 No. 1 (2020): Juni
Publisher : Universitas Islam Negeri (UIN) Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (403.204 KB) | DOI: 10.20414/alihkam.v12i1.2173

Abstract

Fatwa Yusuf Al-Qaradhawiy about "Suicide Bombing" was born to respond to the bombing of istisyhaad "looking for shaheed" several times. In this case, Yusuf Al-Qaradhawiy said that using bombs as a tool and weapon that can kill enemy forces even your self is in the context of facing the enemy of Allah who is strong and sophisticated in his weapons where he relies on several arguments that include both the text of the doctrine (pen. Nash) or according to reason. The methodology used by Yusuf Al-Qaradhawi in his fatwa is to use the iqtihad intiqa’i method. This fatwa is for Qardhawiy indeed in the context of defending religion by taking into account at least three conditions namely First, knowing that the war that he followed was a war that was prescribed in religion (masyru'iyah). Second, jihad is carried out by the order of the leader (imam). Third, consider every action to be saved (not killed). Therefore there is no word of surrender or submission to be killed easily by unbelievers.
DIVORCE BEYOND THE COURT OF RELIGION FOR HIGHER EDUCATION (GRADUATE) Yanti Yanti
Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 12 No. 1 (2020): Juni
Publisher : Universitas Islam Negeri (UIN) Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (338.856 KB) | DOI: 10.20414/alihkam.v12i1.2255

Abstract

The background in this study is divorce outside the Religious Courts conducted by couples who have a history of higher education (bachelor). In-Law Number 1 of 1974 Article 39 and Compilation of Islamic Law Article 115 which states that "Divorce can only be carried out before a Religious Court hearing after the Religious Court has tried and failed to reconcile the two parties". The existence of these laws and regulations applies to all Indonesian citizens who are Muslim. Although it has been explicitly explained in the legislation regarding the necessity of divorce before a court hearing, in reality, the law is still ignored. Just like what happened in Renah Sungai Ipuh Village that the people in this village are still conducting divorce outside the court, from the data obtained by the author from 2013-2017 there were 24 couples who had divorced outside the Religious Court and 7 pairs of the perpetrators of the divorce were couples who have a high educational history (bachelor). The method used in this research is to use qualitative methods, namely analyzing the data that has been obtained. The conclusion of this research is first, that the causes of divorce outside the Religious Courts are 1. because they follow customs, 2. because they want to maintain their good name, 3. because of coercion from parents and 4. because the litigation process is too long and difficult. Second, the response of BP4 to the practice of divorce outside the Religious Courts, BP4 felt very concerned about the condition of the community who did not want to register their divorce in the Religious Courts, this BP4 has carried out its duties and functions to the maximum extent but has not been successful.
GENDER ANALYSIS IN CONTEMPORARY ISLAMIC DISCOURSE: INTEGRATION OF METODOLOGY APPROACH Abdul Mufid
Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 12 No. 1 (2020): Juni
Publisher : Universitas Islam Negeri (UIN) Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (372.589 KB) | DOI: 10.20414/alihkam.v12i1.2303

Abstract

Islamic law is a dynamic system because it is facilitated by several flexible methodologies. At present, there are various types of problems in Muslim societies which are the results or implications of the development of science and technology, and also the results of changes that occur in the structure of society. To deal with this reality, an integrated contemporary approach must be applied in the process of Islamic law research. Therefore, this article will try to outline an integrated approach to unite and integrate theories in Islamic law with social research methods. Basically, there are several models that have been introduced by several scholars relating to this integrated approach. All models have their strengths and weaknesses in this integrated approach. This article attempts to analyze the integration of Islamic legal theories with the methods of gender analysis and their relationship to the methods of social criticism. This is related to the problems in fiqh related to polygamy which are always debated until now and also to analyze the application of practices in the social and contemporary conditions of our society.
INDONESIAN JUSTICE LEGAL POLITICS POST AMENDMENT OF 1945 CONSTITUTION Aladin Sirait
Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 12 No. 1 (2020): Juni
Publisher : Universitas Islam Negeri (UIN) Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (313.202 KB) | DOI: 10.20414/alihkam.v12i1.2304

Abstract

The essence of change in the field of justice after the amendment is a change in the system of judicial power at the constitutional and statutory levels. The creation of new supreme judicial institutions namely the Constitutional Court, in addition to the Supreme Court as the bearer and executor of the highest judicial powers in the presence of an independent Judicial Commission and cannot be separated from the powers of the judiciary. Legal politics that gave birth to the Constitutional Court Institution in its scope of duties and authority has played a large and important role in the goal of realizing justice. The Judicial Commission in its duties and authorities can substantially improve law enforcement in the environment and justice within the Supreme Court by proposing the appointment of a Chief Justice to the House of Representatives (DPR). The Supreme Court made progress with the issuance of Guidelines for the Implementation of Oversight within the Judiciary and the Joint Decree of the Chair of the Supreme Court and the Chair of the Judicial Commission on the Code of Ethics and the Code of Conduct for Judges. The Constitutional Court and Judicial Commission in its position as a high state institution with a strict division of tasks and authority has played a role in the creation of checks and balances mechanisms.
FACTORS IN RELIABILITY AS A REASON TO POLYGAMI ACCORDING TO ISLAMIC LAW AND POSITIVE LAW Imam Hafas
Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 12 No. 1 (2020): Juni
Publisher : Universitas Islam Negeri (UIN) Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (272.79 KB) | DOI: 10.20414/alihkam.v12i1.2309

Abstract

The dynamics of polygamy are not uncommon to talk about, considering that polygamy is widely practiced by the public and the actions of polygamy are not in accordance with the existing laws and regulations or laws in Indonesia. Many actions of polygamy violate the existing rules, one of which is the existence of marriage outside the KUA conducted secretly. A family will never achieve happiness in the world without the descendants born from the bond of marriage. Indonesia is one country that is able to see and interpret the actions of polygamy that occur outside the court or without the knowledge of the first wife. This is triggered by the desire of a husband who wants to polygamy or gets married for the second time. Talking about a marriage that is not always happy, can even bring a disaster, both on the part of a wife and a husband. One way is to get offspring from the marriage. In scientific studies that will be the focal point is about the reason for a husband to carry out acts of polygamy, both in Islamic provisions and in the provisions of the law. The method in scientific studies here uses qualitative methods with normative juridical research types and the nature of descriptive analysis research, as well as using an inductive thinking framework.

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