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Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Published by Institut Agama Islam Negeri Zawiyah Cot Kala Langsa
ISSN : 23561637     EISSN : 25810103     DOI : 10.32505/10.32505/qadha.
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Qadha Journal focuses on the study of Law which is an article of research results and academic thought, this journal is a communication medium for academics, experts, and researchers who care about studying Islamic law and law. The scope of writing is determined in the al-Qadha journal; Jurisprudence of Islamic Family Law and Civil Law issues of legal dispute resolution
Arjuna Subject : Ilmu Sosial - Hukum
Articles 215 Documents
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Islam and Local Wisdom: The Mangalap Tukkot Marriage Tradition in the Angkola Batak Community Ihwan Sormin
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 1 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i1.5840

Abstract

The mangalap tukkot tradition is a polygamous tradition that can be carried out by the husband if the wife cannot give birth. This tradition is often carried out without permission from the court, as stipulated in statutory regulations. In addition, this tradition also does not involve the results of a medical examination that determines which party cannot give birth. This study aims to analyze how Islamic law views the mangalap tukkot tradition, which is rooted in the practice of marriage in the Angkola community. This research resulted from empirical studies with data collection techniques in the form of interviews and observations. Approach Juridis is used in this study to examine, from the perspective of Islamic law, the tradition of mangalap tukkot. The results of the study show that the mangalap tukkot tradition is normatively in accordance with Islamic law because, in Islam, the reason for not having children is permissible for polygamy. However, when viewed from the maslahah aspect, the mangalap tukkot tradition is not in accordance with the principles of justice for women because it tends to position the wife as a subordinate in matters of marriage. This makes the assumption that women are merely a complement to the interests of men. And this is really contrary to Islamic principles, which prioritize human values like justice, equality, and benefit.
Childfree Marriage in the Perspective of Maqashid Asy-Syari’ah Dwi Arini Zubaidah
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 1 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i1.5852

Abstract

Regarding the birth of children as one of the goals of marriage, recently there have been problems with issues and childfree practices among the general public. This research uses a type of normative legal research that originates from primary data related to the concept of childlessness, the theory of the purpose of marriage, and the maqashid asy-syari'ah system theory of Jasir 'Audah. This study uses a conceptual approach. collection of research data based on description and analysis Jasir Audah's system theory has six features: 1) the cognition character of the Islamic legal system; 2) the overall Islamic legal system; 3) the openness of the Islamic legal system; 4) the interrelated hierarchies of the Islamic legal system; 5) the multidimensionality of the Islamic legal system; and 6) the meaningfulness of the Islamic legal system. Based on Jasir 'Audah's maqashid asy-syari'ah system theory, it can be concluded that first, childfree decisions are recommended not to be made if the underlying factors do not endanger the existence of benefit values, and second, childfree decisions are allowed if there is an urgency for the existence of benefit.
Family Law Reform in Morocco Zulham Wahyudani; Jefry Tarantang; Nurrohman Nurrohman; Tatang Astarudin
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 1 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i1.5866

Abstract

The research on family law reform in Morocco aims to analyze the changes in family law in Morocco after the reform in 2004. The study discusses child marriage and the impact of the reforms on society, particularly in relation to gender equality and legal protection for women and children. This research is normative-explanatory and explains family law reform in Morocco by using a literature review to analyze policies. The results show that family law reform in Morocco has improved gender equality and provided better legal protection for women and children. However, there are still some challenges in the application of the law, such as changing attitudes towards tradition and culture and difficulties in applying the law in remote areas. This research can contribute to an understanding of the changes in family law in Morocco and can be used as a reference in efforts to improve legal protection for women and children in other countries that have similar legal systems.
Iddah for Husbands: A Political Analysis of Islamic Family Law Abdul Azis
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 1 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i1.5905

Abstract

This paper explores the concept of iddah for husbands, which is not commonly discussed in mainstream Islamic law interpretations or traditions. This paper also highlights the importance of promoting gender equality and justice in Islamic legal traditions and principles. This article was produced from a literature review, and the main data was obtained from a study of fiqh books and regulations regarding iddah in Indonesia. To strengthen the data and analysis, this paper also uses several important research results and articles related to the issues discussed. A political analysis of Islamic law is the approach used in this paper. This approach is used to highlight the relationship between law and power as well as the need to consider the wider social, cultural, and political context in the interpretation and application of Islamic legal principles. This paper analyzes the political aspects of Islam related to Islamic law and the issue of iddah for husbands. This paper argues that the need for proposals to draft laws governing long-awaited periods for men is urgent and must be accompanied by awareness campaigns and counseling services to ensure successful implementation. Implementation of these laws will require careful consideration of the social context and the potential implications for families and individuals.
Crime in Marriage: The Practice of Polygamy in the Puncak Sorik Merapi Community, Mandailing Natal Mustafid mustafid; Risvan Akhir Roswandi
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 1 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i1.5950

Abstract

Polygamy is an option for husbands who can be fair to their wives; a husband cannot take refuge behind religion to legalize polygamy while he cannot do justice. This study aims to look at the crimes of polygamy in Puncak Sorik Marapi Mandailing Natal Regency, North Sumatra Province. This research is qualitative; data were collected by interviewing informants, and secondary data were sourced from journals, books, and documents considered related to this paper. The data obtained were analyzed using descriptive and qualitative data analysis techniques. As for the results of this study, they show that the husband practiced polygamy at Sorik Peak Marapi, committing crimes, namely: first, not providing for his wife's birth, second, abandoning children so that some drop out of school, and third, damaging good relations with wife, children, and wife's family. Husbands do not carry out the provisions set by Islam if they want to have polygamy; that is fair, because Allah has explained in Surah An-Nisa verse 3 that husbands must act fairly if they want to have polygamy. The impact of the husband's injustice was felt by their first wife, who felt the bitterness of life. The wife had to work hard to support herself and their children, and the impact was also felt by the children because they could not continue their schooling with the constraint of having no money. The tendency of husbands to neglect their wives and children tends to bring harm to them.
Criticizing the Verdict of 916/Pdt.P/2022/PN.Sby Surabaya District Court Against Interfaith Marriage from the Perspective of Marriage Law in Indonesia Fernanda, Ahmad; Azwar, Zainal; Ismail, Dailani
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.6150

Abstract

This article is based on a critical review of the verdict of 916/Pdt.P/2022/PN.Sby, which recognizes the validity of interfaith marriages in Indonesia. This decision is different from the provisions of the marriage law in force in Indonesia. Indonesia has regulated that marriages can be carried out according to their respective religions. This article aims to critically analyze the verdict of 916/Pdt.P/2022/PN.Sby. This research is a normative juridical study with a case approach. The main data sources are obtained from court decisions and marriage laws. This article also uses several important articles and research resulting from empirical studies. Based on the data findings and analysis that have been carried out, this paper argues that: Firstly, interfaith marriages are prohibited in Islamic law because they contain more harm than good; this prohibition merely closes the opportunity for bad impacts to occur after the marriage; and second, the decision issued by the Surabaya District Court Judge was inappropriate because it conflicted with positive law and Islamic law. Legally, the judge may refuse to grant permission based on Article 2 paragraph (1) of the Law on Marriage and the Compilation of Islamic Law (KHI). In this decision, the judge has a different interpretation of the marriage regulations that apply in Indonesia.
Provisions Before Marriage to Make Indonesian Urban Muslim Families More Resilient: A al-Maslahah al-Mursalah Perspective Jalili, Ahmad; Saleh, Ahmad Syukri; Ramlah
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.6675

Abstract

The implementation of premarital provision has been regulated in Director General of Islamic Community Guidance Regulation No. DJ.II/542 of 2013. This study discusses the effectiveness of premarital provision as a family resilience effort based on the concept of al-maṣlaḥah al-mursalah, especially at the KUA of the Kepulauan Riau Province. This study uses qualitative research methods in the form of field research. The approach used is empirical and juridical. The sources of data in this study are divided into two categories, namely primary and secondary. The data collection techniques used are observation, interview, and documentation. The results of this study show that the premarital training that took place at the KUA in the Kepulauan Riau Province has not been effective as an effort for family resilience. Based on al-maṣlaḥah al-mursalah, premarital provision is included in al-maṣlaḥah al-hajiyyah because it is not part of the pillars and conditions of marriage. Premarital training is actually very effective as an effort to maintain family resilience, because with premarital training, it makes perfection for the prospective bride and groom, namely to gain knowledge about marriage for the sake of creating a family sakinah, mawaddah, and warahmah.
Nusyuz and Domestic Violence in Indonesia: Reinterpreting Punishment Using the Ma'nâ al-Haml Method Harwis, Harwis; Djalal, Marini Abdul
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.6698

Abstract

Tafsir and classical jurisprudence provide three stages of solutions for a nusyûz wife. Stages of advising, separating beds, and hitting. This interpretation of nusyûz and the solution to hitting is not appropriate to the current context, so it is necessary to expand the meaning with a ma'nâ al-haml approach. Ma'nâ al-haml is used by bringing the meaning of a pronunciation to a more relevant meaning in terms of conditions, time, and space. This research uses a qualitative approach in analyzing, explaining, describing, and revealing research results. Research conducted in libraries is the method utilized to gather data. This study looks at how nusyûz solutions are interpreted in traditional tafsir and fiqh literature. It then reinterprets them using the ma'nâ al-haml approach by considering the views of modern ulama.These interpretations are then analyzed for their relevance to the laws in force in Indonesia as conditions, space, and time for understanding the pronunciation of the text using the ma'nâ al-haml approach. This research concludes that nusyûz is not caused by the wife's disobedience but rather by her bad morals or the bad morals of her partner. Nusyuz can not only occur from the wife's side but can also occur from the husband's side. Therefore, with the ma'nâ al-haml approach, you need to introspect yourself when dealing with nusyûz issues before giving signals to your partner. The solution to a nusyûz partner is not by hitting them but by discussing and negotiating to find the best solution.
Decriminalisation Against Women Who Perform Illegal Abortions From the Islamic law Perspective Ramadhita, Ramadhita; Hamidah, Tutik; Arfan, Abbas; Badruzzaman, Badruzzaman
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.6867

Abstract

Illegal abortion remains a problem in many countries, medically, ethically and legally. Although it restricts the practice of abortion, Islamic law does not question its legality. This study aims to analyse the criminalisation of abortion in Islamic criminal law after 120 days of pregnancy. This article is a normative legal research with a conceptual approach. The results of this study indicate that Islamic law gives full respect to the right to life of a person, including the right to life of the foetus. However, Islamic legal scholars differ on the priorities in safeguarding the lives of pregnant women and foetuses. Islamic legal scholars differ on the criminalisation of abortion. For abortions performed under 120 days of age, the perpetrator is not subject to criminal sanctions. Abortion above 120 days is prohibited except where there are compelling medical, ethical and legal reasons to do so. In cases of rape that result in pregnancy, women have the full right to abortion at any gestational age. Nevertheless, women are still subject to sanctions in the form of kaffarat and diyat al-ghurrah. This aims to prevent people from easily performing abortions.
Protection of the Rights of Adultery Children in Indonesia: A Perspective of Positive and Islamic Law Iffah Fathiah; Sofyan Mei Utama; Diana Farid; Husni Abdulah Pakarti, Muhammad; Al Kautsar Mabruri, Kemal; Hendriana, Hendriana
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.7068

Abstract

The phenomenon of parents abandoning their children due to adultery is quite common these days. In the marriage legal system in Indonesia, children born outside a legal marriage cannot be recognized as legitimate children, so their civil aspects follow those of their mother. Children resulting from adultery lose some of their rights as children of a father, and this has the potential to disrupt their future. This research aims to analyze the rights of children resulting from adultery and whether there are solutions that can be taken so that children resulting from adultery still receive their rights even without a cross-breed relationship with their biological father. The research method used is a library research with a sociological-legal approach. Data sources were obtained from the law and several important articles related to this research problem. Apart from that, this article also uses the results of empirical research to strengthen the arguments in this research. Based on the research results, it was found that, from various studies, there is often a neglect of children's rights as a result of adulterous relationships. Men tend to leave their partners, and in the end, women often become single parents to meet the child's needs. Legally, the state can punish the adulterer (biological father) for being responsible for the needs of the child resulting from his adultery.

Page 12 of 22 | Total Record : 215

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