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Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah)
Published by Institut Agama Islam Negeri Bone
ISSN : 24072060     EISSN : -     DOI : 10.30863/al-risalah
Core Subject : Religion, Humanities, Social,
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah), published by Islamic Family law graduate Program, Institut Agama Islam Negeri Bone since 2014. 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 : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol 1, No 2 (2020)" : 7 Documents clear
WASIAT WAJIBAH TERHADAP ANAK ANGKAT (TINJAUAN FILSAFAT HUKUM ISLAM PASAL 209 KOMPILASI HUKUM ISLAM) Nadya Faizal; Asni Zubair
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 2 (2020)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (861.985 KB) | DOI: 10.30863/al-risalah.v1i2.408

Abstract

AbstractThe legal status of the adopted child in The Compilation of Islamic Law are the status of marriage, the adopted child does not belong to the group who are forbidden to get marriage with adoptive parents, they are not in relationship with their adoptive parents, and they are not mahram from them. Furtheremore, inheritance status of the adopted child is that it does not fall within the category of a person entitled to inheritance. This means that between adopted child and his adoptive parents there is no relationship of inheriting with their adoptive parents, but in The Compilation of Islamic Law in article 209 opens the opportunity for him to receive a will or grant from his adoptive parents. The legal status of the provision of wills to the adopted child in article 209 of The Compilation of Islamic Law, the recipient of the wills is the child who should be raptured from among the close relatives, if no one then turns to the children of the poor, orphans, and children who are in weak economy class, or the child‟s findings (al-laqith).The holder of a will is a person who has a lot of property so as to allow not to reduce the acquisition of heritage treasures for the division of inheritance.
HAKIKAT INTERPRETASI MUHAMMAD SYAHRUR TENTANG POLIGAMI DAN RELEVANSINYA DENGAN HUKUM PERKAWINAN NASIONAL Andawati Andawati
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 2 (2020)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (464.073 KB) | DOI: 10.30863/al-risalah.v1i2.437

Abstract

AbstractThis reseach discusses "The essence of the interpretation of Muhammad Syahrūr about Polygamy and its relevance to the National Marriage law”. This study aims to determine the concept of polygamy according to Mohammed Syahrūr, methods Muhammad Syahrūr in understanding the verses on polygamy dan relevansi concept of polygamy Muhammad Syahrūr with nasioanl marriage law. The results of the research in this study; concept of polygamy according to Muhammad Syahrūr polygamy is allowed up to four, with a wife kententuan second, third and kempat must widow with orphans. Muhammad method Syahrūr in understanding the verses on polygamy is a linguistic methods to the theoretical limit (Hudū and limit), as well as the determination of the essential nature in al-Kitab absolute must understand that Hanifiyāh and Istiqamāh. The relevance of the concept of polygamy Muhammad Syahrūr with the National Legal marital law lies in the level of skill and principle, meaning that the principle of monogamy is equally open for skill based with strict terms and conditions.
EFEKTIVITAS PERAN PENYULUH AGAMA ISLAM DALAM PENERAPAN HUKUM PERKAWINAN ISLAM DI MASYARAKAT PEDESAAN (STUDI KASUS DI KECAMATAN MARE KABUPATEN BONE) Syamsuddin Syamsuddin
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 2 (2020)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (507.428 KB) | DOI: 10.30863/al-risalah.v1i2.409

Abstract

AbstractThis research led to the application of the law of Islamic marriage in rural communities. The purpose of this research is to know the application of Islamic marriage legal on rural communities in the Mare, the effectiveness of the role of extension officers in the implementation of Islamic law in the Islamic marriage Mare and barriers in the application of the law Islamic marriage in rural communities in district Mare Bone Regency. The role of religion in the legal application of extension officers marriage Islam in Mare Bone Regency have not fully maximized. The countryside has not been entirely untouched by the public. The form of the application made by extension officers have not completely evenly in the Mare and the methods used in extension is not effective. In addition, the guidance material is delivered poorly understood by the public, so that the impact on the lack of implementation of relevant Islamic marriage law with the provisions of legislation in force in Indonesia. Constraints in the implementation of the Islamic law of marriage in society is a condition of the Mare was lacking presence and outreach programs respond to the low level of education of rural people in district Mare Bone Regency.
KAJIAN KRITIS TENTANG PERANAN YURISPRUDENSI DI DALAM PEMBARUAN HUKUM KELUARGA ISLAM DI INDONESIA Rasdiyanah Rasdiyanah
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 2 (2020)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (572.257 KB) | DOI: 10.30863/al-risalah.v1i2.410

Abstract

AbstractThe research result shows that jurisprudence in Indonesia as source of law although judges were not bound with the present jurisprudence, it was because Indonesia take up the system of civil law. The position of jurisprudence becomes very crucial in a country which takes up civil law as source of law like in Indonesia, especially when regulation is not suitable with the real situation or does not adjust faced case. Role of jurisprudence in the renewal of Islamic family law in Indonesia is a fact. It can be seen in some decisions in Supreme Court who published new law regulation such as Decisions of Supreme Court No. 137 K/AG/2007 about giving money in iddah time to a wife who demanded for divorce, Decisions Number 266 K/AG/2010 about shared wealth, Decisions No. 86 K/AG/1994 about equality between son and daughter in hampering uncle to receive legacy, Decisions Number 16 K/AG/2010 about giving wajibah legacy to non moeslem wife.. Besides, before Islamic Law Compilation was arranged, jurisprudence had showed the roles in creating law which consisted renewal of Islamic family law. Even jurisprudence is also source of reference in formulating articles of Islamic law Compilation as INPRES No. 1 in 1991.
PENGELOLAAN DAN PENGEMBANGAN WAKAF DI KABUPATEN BONE (TELAAH UNDANG-UNDANG NOMOR 41 TAHUN 2004 TENTANG WAKAF) Haslinda Haslinda
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 2 (2020)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (262.91 KB) | DOI: 10.30863/al-risalah.v1i2.432

Abstract

AbstractThe result showed that the application of law No. 4 of 2004 have not been fully implemented, but see the purpose of section 42 stressed and allotment of endowments, have been run but not maximized because the issue of the designation only for practice and social activities that are consumptive. Endowments in Bone regency more used to build places of worship and socially useful. Factors inhibiting the development and management of waqf in Bone regency including lack of socialization for goverment agencies regarding endowments, the week role of the istitution ministry of religion in the part of the prevention or data collection on donated land, lack of understanding and awareness among muslims againts waqf that waqf is not managed properly, and last nadzir were less profesional and the lack of human resources (HR) can empower possessions endowment and empowerment strategies endowments in Bone regency perspective of law number 41 of 2004.
PROBLEMATIKA KEWARISAN AKIBAT PERKAWINAN TIDAK TERCATAT MENURUT HUKUM ISLAM DAN PERUNDANG-UNDANGAN Taherong Taherong
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 2 (2020)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (635.438 KB) | DOI: 10.30863/al-risalah.v1i2.407

Abstract

AbstractThe result of this research show that recording of marriage became a crucial if there is a dispute, then the wife of the husband and wife in marriage the series does not have the legal power to ask for their rights because there is no document which proves that she is the wife of from si fulan. Maintaining the rights of the wife and children is an obligation, and one way of keeping these obligations were fulfilled is to record the wedding at KUA. Something that will make the obligation done perfectly then it becomes mandatory, then the recording of marriages in KUA is mandatory for the sake of safeguarding the rights of spouses and children. That is the law of their respective religions and beliefs that include provisions of legislation that applies to the religion and beliefs that all does not contradict or not specified in this Act.. Those who become victims (usually the wife) do not have the force of law to obtain its rights when faced with state law. The only way that reached through mediation, discussion is merely a consensus outside the courthouse.
PELAKSANAAN IKRAR TALAK DI HADAPAN SIDANG PENGADILAN AGAMA (SUATU TINJAUAN FILSAFAT HUKUM ISLAM) Abustam Abustam
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 2 (2020)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (395.782 KB) | DOI: 10.30863/al-risalah.v1i2.433

Abstract

AbstractIn the wisdom of the implementation of the pledge before the divorce trial Religious Court are: (1) The court aims to save the marriage. Therefore, before the divorce was dropped, spouses are encouraged to make peace; (2) Through the courts, it is expected that the use of the right to divorce does not deviate from the teachings of the Shari'a, so that the right to divorce are truly in an emergency; (3) The court is expected to guarantee the tranquility of life of their wives, because if the right to divorce done very easily, resulting wives are always in a state of fear lest later the husband would divorce her, which sometimes only the slightest pretext or by mistake absolute husband; (4) The court may be expected to guarantee the rights of each party as a result of divorce (talaq), as a guarantee of compensation in divorce, income, residence, and mut'ah; and (5) The court is expected to record the reasons for divorce, which in turn will be used as a social studies were very important to know the sources of marital failure.

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