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Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam
Published by Universitas Nurul Jadid Paiton Probolinggo
ISSN : 28295803     EISSN : 25808052     DOI : https://doi.org/10.33650/jhi
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam adalah jurnal ilmiah yang mengkaji tentang persoalan - persoalan hukum dan keislaman. Jurnal ini diterbitkan secara berkala setahun dua kali, yaitu setiap bulan Juni dan Desember oleh Program Studi Hukum Keluarga Islam, Fakultas Agama Islam, Universitas Nurul Jadid Paiton Probolinggo. Redaksi menerima naskah ilmiah ataupun hasil penelitian dalam bahasa Indonesia, bahasa inggris maupun bahasa arab. Di samping itu, Tim Redaksi juga berhak untuk mengedit dan menyempurkan naskah ilmiah yang akan diterbitkan tanpa menghilangkan esensi dan makna tulisan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol 4, No 2 (2020)" : 6 Documents clear
Kekerasan Dalam Rumah Tangga (KDRT) Perspektif Undang-Undang Nomor 23 Tahun 2004 dan Hukum Islam A. Malthuf Siroj
JURNAL HAKAM Vol 4, No 2 (2020)
Publisher : Prodi Hukum Keluarga Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (546.331 KB) | DOI: 10.33650/jhi.v4i2.1638

Abstract

Cases of domestic violence often occur in society and has become a very complex social problem. From year to year this case rapidly growing both quantitatively and qualitatively. Because of that,  Act No. 23 of 2004 comes to resolving  the cases of domestic violence , in addition to other laws related. Domestic violence includes any act that causes misery and suffering due mainly to women's physical, psychological, sexual or neglect of household. But according to Islamic law, wife beating because of nusyuz or children who were aged 10 years and still leave the obligatory prayers is not included in the category of domestic violence because this kind of action aimed educative. The domestic violence according to the school of Bio-sociological (school of Convergence) occurs due to internal factors (innate character, psychological) and external factors (environmental sociological) that encourage acts of violence. According to Islam, a violent action is mainly due to the weakness of the practice of religious values in family life, because in principle the humankinds were  born early  in a state of purity and after that their personality is determined by the mode of education and the dynamics of the environment surrounding them. To cope with domestic violence do efforts pre-emptive, preventive and repressive. The repressive effort was the last attempt to do after other efforts did not succeed. According to Islamic law when there has been a sign of disharmony (syiqaq) between the spouses, the settlement must be internally first by involving two mediators (hakamain) of each family of husband and wife. If this kind of settlement efforts are not successful then the solution that can be taken is talaq (divorce) to avoid more fatal  consequences. For the perpetrators of domestic violence Act No. 23 of 2004 provides a penalty of imprisonment or fines and additional penalty, while according to Islamic law, these violent acts, including category jarimah qisas-diyat or ta'zir depending on mode of action and the consequences thereof. Keywords: Violence, Domestic, Act No. 23 of 2004, Islamic Law.
Sistem Opersionl Lelang BPPKD Kabupaten Purworejo Perspektif Hukum Islam dan Hukum Positif Fathudin Fathudin; Adi Wibowo; Hajar Mukaromah; Muhammad Mustahal; Ro’ihatul Munawaroh
JURNAL HAKAM Vol 4, No 2 (2020)
Publisher : Prodi Hukum Keluarga Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1171.13 KB) | DOI: 10.33650/jhi.v4i2.1926

Abstract

At present many transactions are done by the community one of them is ba'i al-muzāyadah. BPPKAD (Finance and Regional Asset Management Agency) Purworejo Regency Practice the ba'i al-muzāyadah in selling inventory items that are not usable in equipment because they are damaged or for development, namely The sales auction with a single-cover closed bidding method, in the sense of a letter of bidding (a bid size) along with all requirement files inserted in one closed envelope. Therefore, among the bidders can not know each other's offerings from other participants. This is different from the auction system in the Fiqh rulings (Islamic law) is an auction with a method of bidding in the middle of the crowd or public and the price quote is done repeatedly to find the auction winner. Departing from the background, researchers interested in discussing the problems of the BPPKAD auction operational system (the financial and Regional Asset Management Board) of Purworejo Regency using the perspective of Islamic law. With the aim that researchers can research more in whether the auction system used by BPPKAD Purworejo District is already in accordance with Islamic law. This type of research is a type of field study, the method of collecting data by interview. There are two data sources that are primary data sources and secondary data sources while the analysis uses a qualitative approach.
KONSEP SAKINAH DALAM RUMAH TANGGA PERSPEKTIF AL-RAZI DAN ABRAHAM MASLOW Ahmad Daniyal; Zainul Muin Husni
JURNAL HAKAM Vol 4, No 2 (2020)
Publisher : Prodi Hukum Keluarga Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (925.294 KB) | DOI: 10.33650/jhi.v4i2.1930

Abstract

Peace in the family (sakinah) is the hope of all couples. Creating a sakinah family is not merely the duty of a wife, but must be supported by both parties (husband and wife). Household life will also require several patterns that form the basis of a strong and harmonious family foundation. This pattern will later complement the deficiencies that should exist in the family. During the trip, many families in which there are problems, which are caused by several unfulfilled needs, instead take the way of divorce rather than maintaining family relationships.In Islamic studies literacy, forming a sakinah family can be achieved through the mawaddah and rahmah stages. Al-Razi in his commentary explains that mawaddah means jima 'and rahmah is to have children. Although now this is considered irrelevant by most people, but in an analytic-comparative way, what Al-Razi said above can be supported by a psychological perspective.Abraham Maslow, a well-known humanistic psychologist, explained that in his life, humans must meet their standard of life. There are five patterns of needs that must be met hierarchically. Among them are psychological safety, love / belonging esteem and self-actualization. These five needs will later support the actualization process in humans, as well as in pairs. If the five stages of these needs are met, then humans will get happiness and satisfaction in having a family.
Pengaruh Dana Pihak Ketiga (DPK), Capital Adequacy Ratio (CAR), Non Perfoning Financing (NPF) dan Return On Asset (ROA) Terhadap Pembiayaan Murābaḥah Muhajir muhajir
JURNAL HAKAM Vol 4, No 2 (2020)
Publisher : Prodi Hukum Keluarga Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (56.893 KB) | DOI: 10.33650/jhi.v4i2.1954

Abstract

This research discusses the effect of third party funds (DPK), capital adequacy ratio (CAR), non-preponing financing (NPF) and returns on assets (ROA) on Murābaḥah financing in banking, given the important role of banking in the wheels of the economy, one of which is as an institution. intermediation whose task is to collect funds from the public and channel them back in the form of credit. This study aims to determine the factors that affect the distribution of Murābaḥah Financing at Bank Syariah Mandiri and to determine the extent of the relationship between Third Party Funds (DPK), Capital Adequacy Ratio (CAR), Non-Performing Finance (NPF), and Return On Assets (ROA) towards Murābaḥah Financing at Bank Syariah Mandiri in 2016-2019. The sample used in this study was the 2016-2019 Bank Syariah Mandiri Quarterly Financial Report using the purposive sampling method. The type of data used is secondary data obtained from published financial reports and downloaded through the official website of Bank Syariah Mandiri. The analytical method used is multiple regression with a significance level of 5%. The results of the analysis show that partially only DPK and NPF have a significant positive effect on Murābahah Financing, while CAR and ROA do not affect Murābaḥah Financing. Simultaneously, the variables of DPK, CAR, NPF, and ROA have a significant effect on Murābaḥah Financing. This is evidenced by the sig-F value of 0.002 which is smaller than the 5% significance.
IZIN POLIGAMI DAN PERLINDUNGAN TERHADAP PASANGAN DI PA. SITUBONDO Ahmad Sholehuddin; Idrus Idrus
JURNAL HAKAM Vol 4, No 2 (2020)
Publisher : Prodi Hukum Keluarga Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (825.954 KB) | DOI: 10.33650/jhi.v4i2.2019

Abstract

Marriage is one of the most important aspects of life in a perfect society and association. Marriage is not only a noble way to organize domestic life and get offspring, but also an introduction between one family and another.Islam provides a way for men who want polygamy (marrying more than one person), which has been explained in the Al-Quran surah An-Nisa', with conditions that have been determined, one of which can be fair. The purpose of fair is fair treatment in serving the wife, both in terms of clothing, place, turn and others.the implementation of polygamy in Indonesia, must go through the Religious Court, the decision in the polygamy case, the judge only provides material protection, however, from the psychological aspect the judge does not provide protection, because the defendant has stated his ability to be polygamous, because the defendant cannot provide offspring, and he answered verbally before the Panel of Judges.
FILSAFAT KEADILAN DALAM HUKUM WARIS ISLAM Faiz Faiz
JURNAL HAKAM Vol 4, No 2 (2020)
Publisher : Prodi Hukum Keluarga Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1054.595 KB) | DOI: 10.33650/jhi.v4i2.2156

Abstract

the implementation of Islamic inheritance law begins with the death of a person or what is known in western civil law as ab intestine and does not recognize inheritance based on a will made by a living person which is known as testamentally inheritance. This principle is closely related to the principle of ijbari, that is, a person should not just decide the use of his property after his death. In Islam, a person can determine the use of his property after death through a will with certain limitations. Wasiat rules are separate from the rules of inheritance law in Islam, because in Islam justice is not only measured by the amount obtained when receiving inheritance rights, but also related to uses and needs or rights and obligations. Even the distribution of inheritance related to the amount can be done with the formua 1: 1 or as agreed. As long as the heirs give up and compromise if there is a part of them that must be released. If the heir maintains his rights, then he cannot be forced and he is given his right from the share of the inheritance

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