Al-Ihkam: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram
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.
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122 Documents
<![CDATA[GENDER ANALYSIS IN CONTEMPORARY ISLAMIC DISCOURSE: INTEGRATION OF METODOLOGY APPROACH ]]>
<![CDATA[Abdul Mufid]]>
<![CDATA[ Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 12 No. 1 (2020): Juni ]]>
Publisher : <![CDATA[Universitas Islam Negeri (UIN) Mataram ]]>
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DOI: 10.20414/alihkam.v12i1.2303
<![CDATA[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.]]>
<![CDATA[INDONESIAN JUSTICE LEGAL POLITICS POST AMENDMENT OF 1945 CONSTITUTION ]]>
<![CDATA[Aladin Sirait]]>
<![CDATA[ Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 12 No. 1 (2020): Juni ]]>
Publisher : <![CDATA[Universitas Islam Negeri (UIN) Mataram ]]>
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DOI: 10.20414/alihkam.v12i1.2304
<![CDATA[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.]]>
<![CDATA[FACTORS IN RELIABILITY AS A REASON TO POLYGAMI ACCORDING TO ISLAMIC LAW AND POSITIVE LAW ]]>
<![CDATA[Imam Hafas]]>
<![CDATA[ Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 12 No. 1 (2020): Juni ]]>
Publisher : <![CDATA[Universitas Islam Negeri (UIN) Mataram ]]>
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DOI: 10.20414/alihkam.v12i1.2309
<![CDATA[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.]]>
<![CDATA[PHILOSOPHICAL REVIEW OF MATERIALISM AND IDEALISM MARRIED AGE LIMITS IN INDONESIA (STUDY OF ARTICLE 7 PARAGRAPH (1) OF LAW 16 OF 2019 IN CONJUNCTION WITH LAW 1 OF 1974 CONCERNING MARRIAGE) ]]>
<![CDATA[Hisam Ahyani]]>;
<![CDATA[Muharir Muharir]]>;
<![CDATA[Dian Permana]]>
<![CDATA[ Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 12 No. 2 (2020): Desember ]]>
Publisher : <![CDATA[Universitas Islam Negeri (UIN) Mataram ]]>
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DOI: 10.20414/alihkam.v12i2.3048
<![CDATA[This research departs from a juridical confusion regarding the ideal of a person going to get married, where the age of marriage with other provisions regarding age, namely in terms of the philosophical Materialism and Idealism of Marriage Age in Indonesia. Whereas in Indonesian Law on Marriage Marriage is only permitted if men and women have reached the age of 19 (nineteen) years. The purpose of this study is to find out the philosophical review of materialism and idealism of marriage age in Indonesia, with the article 7 paragraph (1) for 16 of 2019 jo. u 1 the year 1974 regarding marriage). The conclusion of this study is the philosophical value of materialism and idealism of marriage age is the concept of historical materialism of humans who will choose the readiness of themselves in the face of marriage, this is because one's age is not a reference, which is the basis for people to get married including self-readiness to face material livelihood, readiness self, and material. Likewise in Indonesia, the ideal age in society in Indonesia if it is connected with Karl Mark's theory, then the readiness of oneself in the material (economic elements) is as a reference for people to get married.]]>
<![CDATA[THE ESSENCE OF THE ISLAMIC FAMILY ]]>
<![CDATA[Koko Komarudin]]>
<![CDATA[ Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 12 No. 2 (2020): Desember ]]>
Publisher : <![CDATA[Universitas Islam Negeri (UIN) Mataram ]]>
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DOI: 10.20414/alihkam.v12i2.3049
<![CDATA[The discussion of the Islamic family means discussing the families that are scattered all over the world where Islam is part of the religion followed by the population. Islamic family law (al Akhwal al Syakhsiyyah) is the main part of Islamic law with a larger portion and high enough attention, both from the heavens, namely divine revelation (Al-Qu'ran) and the Sunnah of the Prophet Muhammad as well as from the applicable laws and regulations in each country. . Islamic family law is basically here to provide a comprehensive and integral understanding and insight into how to have a family in accordance with Islamic rules. The aim is to provide assistance so that they can subside or prevent sources of disputes among family members and even offer ways to solve all the problems that occur and are faced by every Muslim family. The essence of the Islamic family is an ideal of the embodiment of the family which bases all activities and communication and interactions both in peaceful conditions and in an atmosphere of dispute on Islamic rules derived from the Al Quran and hadith. With regard to an Islamic family in a country, he cannot escape from binding rules such as the Marriage Law and the Compilation of Islamic Laws. This is in order to realize the noble ideals of the Islamic family, namely to build a sakinah family, mawaddah warahmah. The Islamic family does not mean that it does not face challenges and strife. However, the Islamic family always tries to resolve every case, problem, and conflict that occurs between family members by referring back to the Al-Qur'an and hadith and if necessary, the parties concerned such as the Office of Religious Affairs (KUA) and the Religious Court (PA) be involved in solving the problem. The final hope is that all activities that occur in the Islamic family can represent all maqashid al-syari'ah, namely hifdz al inen, hifdz al nafs, hifdz al aql, hifdz al nasl and hifdz al maal.]]>
<![CDATA[LEGALITY APPLICATION FOR CHILDREN'S RIGHTS BY FAMILY PARTIES THROUGH THE RELIGIOUS COURT ]]>
<![CDATA[Nasrullah Nasrullah]]>
<![CDATA[ Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 12 No. 2 (2020): Desember ]]>
Publisher : <![CDATA[Universitas Islam Negeri (UIN) Mataram ]]>
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DOI: 10.20414/alihkam.v12i2.3050
<![CDATA[A child custody environment that is not conducive can hamper children's development because the child's rights are not fulfilled properly. In a family environment that is not conducive (broken home), the authority of child custody is often debated and even unclear. In addition to the disruption of the child's custody environment as a result of an unfavorable environment, it is not uncommon for parents of children to choose to transfer custody of their children to be cared for by parties other than the family, or even entrusted to orphanages. In the transfer of the environment of child custody to someone other than the family or to an orphanage, it is necessary to have the legality of the court as a legal basis for care that has various legal effects as a consequence of the transfer of the environment of child custody. On the one hand, the Religious Courts, which are one of the implementing agencies for judicial power in Indonesia, do not have a clear legality basis in examining, deciding, and resolving cases of custody applications filed by other than the family. So that the existence of the Religious Courts in examining, deciding, and resolving cases of a petition for child custody is important to be studied, because given the absence of regulations that clearly regulate the authority for the Religious Courts to hear cases of requests for child care or custody of children submitted by other than family party. This research is field research which is classified as qualitative research that combines theory and practice in the field which produces answers that do not number. The results showed that the religious court can examine, decide and settle cases of child custody applications filed by other than the family with reference to two general foundations, namely the juridical foundation and the philosophical basis.]]>
<![CDATA[PROBLEMATICS OF HOUSEHOLD LIFE PAIR OF HUSBAND-WIFE FAMILY LAW ISLAMIC PERSPECTIVE ]]>
<![CDATA[Musaitir Musaitir]]>
<![CDATA[ Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 12 No. 2 (2020): Desember ]]>
Publisher : <![CDATA[Universitas Islam Negeri (UIN) Mataram ]]>
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DOI: 10.20414/alihkam.v12i2.3091
<![CDATA[A household problem is a problematic situation, the mismatch between husband and wife partners, causing conflicts, disputes, and disputes between the two. Life in marriage will also always experience changes and ups and downs, this is what is called the dynamics of marriage. Many things will affect the dynamics of this marriage, some marriages turn out to be harmonious because husband and wife are not ready to play their role in marriage. Problems that occur in the household, for married couples, not only cause household life to be disharmonious but can lead to divorce. Domestic problems occur, both in young and adult married couples, with various types of problems faced by each married couple in living their domestic life.]]>
<![CDATA[AL-GHILAH'S POLICIES AND PRACTICES IN THE PERSPECTIVE OF ISLAMIC LAW ]]>
<![CDATA[Julianti Julianti]]>
<![CDATA[ Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 12 No. 2 (2020): Desember ]]>
Publisher : <![CDATA[Universitas Islam Negeri (UIN) Mataram ]]>
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DOI: 10.20414/alihkam.v12i2.3092
<![CDATA[This research is motivated by the attention of the author who has studied a book of interpretation, namely the book "al-Qur'an and its Tafsir", compiled by the Ministry of Religion of the Republic of Indonesia. The issue of concern for breastfeeding mothers during pregnancy has an impact on the fate of the mother's life and her health because the burdens caused by pregnancy or childbirth can cause the mother to suffer, in addition to parents' fear of reproductive health as well as children's health and children's education due to economic factors that can bring kufr. Whereas in Islam, a family that plans to limit children to a certain number, for example only two in each family, is against Islamic law, natural law, and the wisdom of Allah creating humans in this world to reproduce and take advantage of this nature for human welfare. So that the focus of the study in this study leads to) BKKBN policies, al-ghilah practices in society as well as Islamic legal views about the NTB Provincial BKKBN policies regarding al-ghilah and its practices in society.]]>
<![CDATA[GENDER JUSTICE ANALYSIS ON HUSBAND NUSYUZ ]]>
<![CDATA[Dian Wahyu Ningsih]]>
<![CDATA[ Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 12 No. 2 (2020): Desember ]]>
Publisher : <![CDATA[Universitas Islam Negeri (UIN) Mataram ]]>
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DOI: 10.20414/alihkam.v12i2.3093
<![CDATA[Islam as a religion that is rahmatan lil 'alamin regulates human life including household life, one of which is the matter of nusyuz both from the wife (surah an-Nisa' (04): 34) and husband (surah an-Nisa '(04): 128). However, in some ways, nusyuz is understood to be gender-biased and socially, there are still many problems with husband's nusyuz in the community, one of which occurs in Taman Sari Village, Gunungsari District, West Lombok Regency. Nusyuz husband here can be defined as domestic violence whether physical, psychological, sexual or household neglect. Therefore the focus in this study is (1) understanding and practice of husband's nusyuz in the community; (2) types and causes of nusyuz in the community; (3) Nusyuz practice with a gender perspective.]]>
<![CDATA[KETERLIBATAN WARGA NEGARA (CIVIC ENGAGEMENT) DALAM NEGARA DEMOKRASI (IMPLEMENTASI DEMOKRASI PANCASILA DI INDONESIA): Indonesia ]]>
<![CDATA[Nuruddin Nuruddin]]>
<![CDATA[ Al-IHKAM Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 13 No. 1 (2021): Juni ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/alihkam.v13i1.3986
<![CDATA[This study aims to explore in-depth the involvement of citizens in terms of the rights and obligations of citizens constitutionally, as stated in the 1945 Constitution after the amendment. Indonesia is a democratic country, where the highest sovereignty and power rests with the people. This is in accordance with the nature of democracy is a government of the people, by the people, and for the people. Then the state guarantees and provides legal protection to every citizen in implementing their rights and obligations with the principle of equality before the law. As a democratic country, on that basis, the involvement of citizens becomes individual and social awareness in carrying out their participation for the sustainability and continuity of national development in the future based on Pancasila and the 1945 Constitution. The writing of this article is supported by literature studies and national and international research journals that are relevant. The final conclusion is that the forms of citizen involvement include the fields of politics, government, education and science, and technology, social welfare, state defense, religion, and socio-culture. The form of citizen participation above will create conditions for a more advanced nation in the future.]]>
