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Al-Manhaj: Journal of Indonesian Islamic Family Law
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Al-Manhaj: Journal of Indonesian Islamic Family Law
Published by Institut Agama Islam Negeri Madura
ISSN : 27145522     EISSN : 27150097     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Manhaj: Journal of Indonesian Islamic Family Law (ISSN 2714-5522; E-ISSN 2715-0097) published twice a year, always places Islamic Family Law, and Islamic Civil Law in the central focus of academic inquiry and invites any comprehensive observation of Islam Family Law as a normative Islam and a system of society and Muslims as those who practice the religion with their many facets. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of Islamic Civil law. In the beginning the journal only served as a scholarly forum for the lecturers, professors, and students at the State Institute of Islamic Studies. However, due to the later development, the journal has successfully invited scholars and researchers outside the Institute to contribute.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 86 Documents
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Tradisi Penarikan Barang Seserahan dalam Perkawinan Pasca perceraian Perspektif ‘Urf di Desa Lenteng Sumenep Madura Haiza Nadia
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v4i2.6740

Abstract

(The tradition of handing over household furniture is already familiar because most people in Sumenep Regency carry out this seserahan tradition in the form of handing over a number of household furniture in various ways, but the tradition of offerings that occurred in Lenteng Timur Village, Lenteng District, Sumenep Regency is after a husband and wife officially divorced, that is, some of the items that were handed over were asked to return after they were officially divorced and some were not asked to return even though they were divorced. This research belongs to the type of empirical research. This research is called field research or field research. This research is included in empirical research that examines relationships with society, namely in the form of the tradition of taking offerings in post-divorce marriages in Lenteng Timur Village, Lenteng District, Sumenep Regency. The approach used is a case study approach. In this study, the data analysis method used was qualitative data analysis. The results of this study indicate that in the process of implementing the withdrawal of the goods in this post-divorce marriage, after the two (husband and wife) have officially divorced, the people in Lenteng Timur Village, Lenteng District, Sumenep Regency carry out the process of withdrawing the surrendered goods, usually when a husband and wife are not blessed with children and the marriage only goes through the household which briefly. As for the items that were taken back by the ex-husband as a whole, without exception. The practice of withdrawing the items given by the husband due to a divorce that occurred in Lenteng Timur Village, Lenteng District, Sumenep Regency, when analyzed using 'urf, namely: 'Urf fasid, 'Urf 'amali, and ‘Urf khas.)
Gagasan Resiprokal Dalam Poligami; Telaah Pemikiran Abdul Halim Muhammad Abu Syuqqah Faidol Mubarok
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v4i2.6871

Abstract

This paper discusses polygamy as a form of marriage in terms of the reciprocal concept of Abdul Halim Muhammad Abū Syuqqah. This research is focused on answering Abū Syuqqah's reciprocal ideas about polygamy and Abū Syuqqah's reciprocal ideas. The researcher concludes that Abū Syuqqah's idea of ​​reciprocity is based on three schemes, namely through text, context, and contextuality which are interconnected using a reciprocal approach which intends that the text reciprocally applies to all parties in gender relations. Abū Syuqqah is of the opinion that reciprocal polygamy is obligatory based on considerations for the good of all family members, both husband, wife and children. Through this method also, Abū Syuqqah stipulates the conditions for polygamy, namely the husband's ability to be fair to his wives and children, the ability to provide a living for all family members, and the ability to look after and educate his wife and children.
Tradisi Rokat Tase’ Dalam Perspektif Hukum Islam (Studi Kasus Di Desa Branta Pesisir Kabupaten Pamekasan Madura) Faris El Amin
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v4i2.7016

Abstract

Rokat tase' is essentially carried out with the aim of getting safety from all calamities, given smooth fortune, is a form of gratitude and is believed to be able to produce abundant fish catches. In practice, in coastal Branta Village, in the rokat tase ritual, special offerings are usually made which are placed on small boats and then served on top of various fruits and various foods. Shortly before being thrown into the ocean, the contents of the offerings became objects of contention for residents to eat and use.
Kawin Sumbong: Eksplorasi Perkawinan Adat Jambi Menurut Hukum Positif Di Indonesia Zezen Zainul Ali; Mega Puspita
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v4i2.7049

Abstract

This research will discuss the positive law in the tradition of sumbong marriages. Confused marriage is a marriage that is carried out internally within the scope of society (endogamy). Sumbong marriage consists of 12 types, of which the most dominant are marriages between anak pusako and paternal/male relatives. This kind of marriage is considered to have violated customary law and is subject to sanctions by paying one goat (anak pusako) and one buffalo (relatives). This research was conducted using a juridical-sociological approach to the Lekuk Lima Puluh Tumbi Lempur community, Jambi. The research finding is that contemptuous marriage does not conflict with positive law and religious law. The customary sanction for consumptive marriage is meant to expand kinship ties. Customary law and positive law in conjugal marriage synergize and go hand in hand if customary law does not conflict with the applicable positive law.
Cadar Perempuan Madura; Konstruksi Makna dan Motif Penggunaan Cadar bagi Perempuan Madura Amiruddin; Hafid
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v4i2.7317

Abstract

Women who wear the veil are often branded as radical Muslim women and even terrorists. This stereotype originates from the many radical Islamic and terrorist families, most of whom wear the veil. Even though many Muslim women who wear the veil are not affiliated with radical Islamic groups and terrorists, for this reason, this study aims to reveal the meaning of the veil and the motives for wearing the veil for Madurese women. The method used in this study is a qualitative research method with the phenomenological approach of Alfred Schutz. The results showed that the veil has many meanings, namely the veil has meaning as a protector, self-control, covering deficiencies (disgrace), a form of obedience to teachers, and as a barrier so that men do not sin. The reasons for Madurese women to wear the veil are: carrying out religious orders, moving, maintaining honor, carrying out the orders of their husbands and teachers, following the trend of Muslim clothing, and covering the shortage of women.
The Thoughts and Views of Ja’far Mahmud Adam on Marriage, Family Institution and Women Issues Ismail Hashim Abubakar
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v5i1.7915

Abstract

Marriage is the foundation upon which a family institution is erected and it is one of cogent measures that Islam enjoins in preserving public morality and developing a healthy and sane society. Furthermore, there is virtually a consensus among all cultures that marriage has been over the centuries the most legally acceptable gateway and conventional source of establishing a family institution. Henceforth, marriage assumes a special significance and occupies a pivotal place owing to its crucial role in building a society and ensuring the continuity of human survival. Meanwhile, albeit there are universally shared codes and conventionally accepted norms and values, geographical space, cultures, civilizations and religious orientations have a great stake in determining ways and lifestyles of people vis-à-vis ways the continuity of human survival is sustained. Marriage and its associated components like the phenomenon of woman represent areas that expose the extent of clash of civilizations. Guided by their religious precepts and legal provisions, Muslim scholars and thinkers tend to situate Islam as the most moderate ideological culture that formulates the most universally suitable and pragmatic systems which deal with marriage, growing a family and general treatment of women.
: Deva Yulinda; Suci Ramadhani Putri
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v5i1.7920

Abstract

This article aims to find out how the stereotyping of housewives as unemployed women in the Population and Civil Registration Service (Dukcapil) of North Lombok Regency (KLU) and how to gender analysis of this. This research is qualitative research that aims to describe various stereotypical problems towards housewives using a gender analysis approach. This research was conducted at Dukcapil KLU. This article argues that stereotyping of housewives is a form of embodiment of the theory of "State Ibuism" by Julia Suryakusuma, which in fact is also rooted in state administration, particularly in population documents published by Dukcapil. Analyzing it using the theory of State Ibuism, it is known that the KLU community is shackled by the notions of "ibuism" and "housewifization". The understanding of "motherism" is reflected through husbands who think that their wives are better off just staying at home and not working. Meanwhile, the notion of " housewifization" is reflected through stereotyping of the status of a job taking care of the household is the same as being unemployed, because the job of taking care of the household is considered to have no economic value.
Marriage Services During the Covid-19 Pandemic; Friedman’s Legal System Study Against the Mandatory Rule for Antigen Swab Test Ahmad Arif Masdar Hilmy; Ahmat Trisno
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v5i1.8101

Abstract

Antigen swab test is new to the people of Tempursari District during the COVID-19 pandemic. Circular of the Director-General of Islamic Community Guidance No: P-001/DJ.III/Hk.007/07/2021 is the basis for the mandatory antigen swab regulation for the two prospective brides, a guardian, and two witnesses, which is carried out 1x24 hours before the marriage contract. The Puskesmas is the only place that can be used for an antigen swab test in Tempursari District, while to get the test in another place, you have to travel quite a long time and distance, considering that Tempursari is located at the end of Lumajang Regency. The purpose of this study was to determine the implementation of the mandatory antigen swab regulation at KUA Tempursari, as well as a review of Lawrence M. Friedman's legal system theory on the implementation of the regulation. This field research uses a qualitative descriptive method. Data mining is done by document study, observation, and in-depth interviews. This study resulted in several conclusions: (1) the mandatory rules for antigen swab can be implemented properly by KUA Tempursari employees, as evidenced by the existence of socialization and coordination with various parties, such as P3N and Puskesmas employees, (2) based on Friedman's legal system theory, the implementation of mandatory rules The antigen swab at the KUA Tempursari has covered three aspects, namely the legal structure, legal substance, and legal culture, it can be judged to have been effectively implemented at the KUA Tempursari.
Dispensasi Kawin dan Perceraian Usia Anak: antara Realitas Sosial dan Tekstual Hakim Yulmitra Handayani; Fika Aufani Kumala; Muhammad Al Mansur; Juwandi
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v5i1.8188

Abstract

This study responds to the Determination of marriage permits by the Jember Religious Court which was accompanied by a Divorce Decision submitted by the same party in a short period of time. Child divorce is the result of hasty marriages, without knowing more about the holistic and substantive meaning of marriage. Methodologically, this study uses a sociological normative approach with primary data on the decisions and decisions of judges at the Jember Religious Court and reduces various cases of child marriage which result in divorce at a young age. The result is that the judge uses the diction "worried" in each determination and tends not to represent urgent events or events for marriage. In the end, not a few cases of divorce/divorce were filed by the party who originally applied for a marriage permit. Therefore, it is very necessary to make new reasoning and patterns that are limiting in nature, so that it is expected to be able to minimize divorce at a young age complete with the consequences it bears.)
Normalisasi Trend Nikah Muda: Analisis Struktural Fungsional dan Maqashid Syariah Adji Pratama Putra; Agung Burhanusyihab
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v5i1.9725

Abstract

This paper examines the tren of young marriage analysis of structural-functional theory and maqashid sharia. Marriages that are supposed to create happy and eternal families, cannot be performed because of young marriages that are not yet physically, mentally, and spiritually immature. Young married couples are caused by economic, social, and cultural factors, even accidents (due to getting pregnant out of wedlock). This is almost the case in various regions, including in the Depok district. Functional structural theory and sharia maqashid are used as cultural optimizers for young marriage trens. Researchers used empirical juridical methods and took primary data from a sample of men and women who intermarried aged 12-18. These findings tend to have a more negative impact, due to the absence of mental, emotional, and physical readiness to foster a family. Mediocre education and knowledge factors are also why young married couples find it challenging to find work which causes financial problems in the household.

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