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Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah)

alrisalah
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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

Search results for , issue "Vol 2, No 1 (2021)" : 7 Documents clear

TINJAUAN SOSIAL YURIDIS TERHADAP PENGGUNA NARKOBA SEBAGAI ALASAN PERCERAIAN DI PENGADILAN AGAMA BONE Ma'adul Yaqien Makkarateng
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 2, No 1 (2021)
Publisher : Institut Agama Islam Negeri Bone

AbstractThis research has results that in deciding such cases, judges trying to objectively and take the liver carefully because it is not a little too case arising not from the pure drug factor, but from other elements such as economic problems, passive communication, infidelity, even domestic violence drug items, which renders as an additional reason for filing the lawsuit in the divorce. The judge's ruling on a lawsuit containing divorce domestic violence are less precise because there are drugs, because in article 116 compilation of Islamic law of the letter (f) stating that intoxicating items including drugs, although the case is not purely because of Drugs or other reasons that make drugs as the reason. From the discussion of the above research, advice given by the author are: Increased awareness between fellow in particular within the family, in a family affected by drugs, preferably a family member more attention so as not to extend to the other. Intensive healing process both in terms of religious or medical establishments that will really help healing drugs. For the Religious Court judge Grade 1 A Watampone should take careful and meticulous in deciding things that there are elements of drugs, both from examination to the use of the legal basis in deciding things that contain elements of drugs.

PROBLEMATIKA ANAK SAH DALAM PERSPEKTIF HUKUM PERKAWINAN NASIONAL DAN PUTUSAN MK NOMOR 46 TAHUN 2010 Aisyah Rasyid
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 2, No 1 (2021)
Publisher : Institut Agama Islam Negeri Bone

AbstractThis research is a study of a legitimate child in relation to the national marriage law and the Constitutional Court Decision Number 46 of 2010. The root of the problem is "The position of the legitimate child in the legal system in Indonesia? "This issue is important to study because there is a difference of principle concerning the status of legitimate child of these two pieces of legislation. Children status authorized by Act 1 of 1974 Nomo marriage is child obtained through legitimate marriage, marriage made in accordance with his religion or belief and recorded under the provisions of the applicable laws. Children born of legitimate marriage are entitled to the rights of parents that nasab rights, living rights, inheritance and custody. While the Constitutional Court decision No. 46 of 2010. That the status of a legitimate child is a child born of a legitimate marriage and children born outside legal marriage but her biological father can be demonstrated through the recognition of the wife, the recognition of men concerned or proof through science and technology, such as DNA testing even if not registered they are entitled to the rights of both parents, or from the mother and the man who caused her birth or her biological father.

STATUS PERNIKAHAN WANITA HAMIL DI LUAR NIKAH DALAM PERSPEKTIF IMAM MAZHAB, KHI DAN UU NO 1 TAHUN 1974 Andi Syamsul Bahri
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 2, No 1 (2021)
Publisher : Institut Agama Islam Negeri Bone

AbstractThis study discusses the marital status of pregnant women out of wedlock in the perspective of the Imam Madhhab, KHI and Law Number 1 of 1974 concerning Marriage. The purpose of this study was to determine the legal status of a pregnant woman's marriage out of wedlock in the perspective of the Imam Madhhab, KHI and Law no. 1 of 1974 concerning Marriage and to find out the differences and similarities of opinion of the Imams of the Madhhab, KHI, and Law no. 1 of 1974 concerning Marriage, the legal status of a pregnant woman's marriage. The method used in this research is the library method using review and citation techniques. The data obtained were analyzed using qualitative descriptive and content analysis. The approach used is a normative and historical theological approachBased on the results of research according to the madhhabHanafiyah and Syafi'iyah , pregnant women out of wedlock are allowed to marry men who impregnate them. This adulterous behavior does not prevent the validity of the marriage contract. It is different with the madhhab Hambali and Malikiyah, a pregnant woman out of wedlock may not marry a man who impregnates her, nor is it permissible for a man to know that she is pregnant, unless the woman has finished her iddah and has repented. According to Article 53 of KHI, it is explained that a pregnant woman out of wedlock can be married to a man who impregnated her. Meanwhile, according to Law no. 1 of 1974 concerning Marriage does not explain the provisions relating to the marriage of pregnant women, but only regulates the position of children born from the marriage. As explained in the Marriage Law Chapter IX article 42 which reads that a legitimate child is a child born in or as a result of a legal marriage. Meanwhile, in Burgerlijk Wetboek article 32 it is explained that a pregnant woman may not be married to a man who impregnates her and if the marriage does occur, it is considered invalid

Relevansi Kesejahteraan Ekonomi Keluarga dengan Peningkatan Perceraian di Kabupaten Bone Sitti Nikmah Marzuki
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 2, No 1 (2021)
Publisher : Institut Agama Islam Negeri Bone

AbstractThe are many cases of adults who ended his life due to economic pressures. Even family life usually becomes quiet when the husband is not able to meet its obligations to provide for the family, cause prolonged conflict that will end in divorce. The divorce rate in Bone regency is very high, not least the economic factors. This situation triggered conflict in the family. The problem then arises is the welfare of the family, if husbend cannot perform its responsibility to make a living. The wife is not able to help her husband to earn a living. But if it isconstantly in progress, and the wife feels particularly a dual role then this problem can be more pointed and lead to conflict within the household and encourage the wife nor the husband decided to divorce. Therefore, the welfare of the family have relevance to the large number of divorces in Bone regency with reasons to leave for economic reasons.

ANALISIS SPIRITUAL CHARACTER PELAKU ISBAT NIKAH DI PENGADILAN AGAMA WATAMPONE A. Sri Mardiyanti Syam
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 2, No 1 (2021)
Publisher : Institut Agama Islam Negeri Bone

AbstractRegarding the marriage legalization cases in the Religious Court of Watampone, if the formal requirements have been met, then the religious court by the judges will make a verdict or decision of which written "the applicationis approved". Meanwhile, if the formal requirements are not met, then the judge will make a verdict or decision declaring that "the application is overruled". Judge in deciding a case will pay attention on posita and should be in accordance with existing procedures, among others, present witnesses at the hearing and show that there is evidence for consideration. The judge will put forward maqasid syari’ah, so that the impact will be on the benefit of generations, to keep and maintain the honor that will be seen in the decision or verdict of the judge who accepted and granted other. Therefore, marriage legalization in principle is one of the legal protection, as referred to in Article 7 KHI, toward a marriage that cannot be proven with a marriage certificate as an authentic document in accordance with the mandate of Marriage Act.

CERAI GUGAT PERSPEKTIF PERUNDANG-UNDANGAN DI INDONESIA (STUDI KASUS DI PENGADILAN AGAMA KELAS 1B WATAMPONE PADA TAHUN 2010-2012) Darliana Darliana
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 2, No 1 (2021)
Publisher : Institut Agama Islam Negeri Bone

Abstract The results show that the divorce to sue in the Religious Class 1B Watampone from year to year has increased significantly, the events of divorce sue greater in number than the divorce on the grounds that the wife is more aware of their rights and obligations in marriage. Factors that lead to divorce contested in the Religious are factors moral, Hurting, child marriage, dispute continuously, biological defect and no harmony, these factors are supported by a state of "inability" and "unwillingness" in running rights and obligations in marriage resulting in a violation of the party. Divorced jerknegative impact for both parties and its offspring. These impacts include the psychological impact on the children and the wife because the resulting Psychological and mental, social impact on the husband and wife because the predicate status of widows and widowers, economically affect the financial borne wife during the marriage the husband. While the solution regarding custody of the child given to her for a child is not mumayyiz and joint property during the marriage should be halved fair and equitable manner.

EKSISTENSI KOMUNITAS LESBIAN GAY BISEKSUAL TRANSGENDER (LGBT) DI KABUPATEN BONE Musliamin Musliamin
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 2, No 1 (2021)
Publisher : Institut Agama Islam Negeri Bone

This journal study about the existence of lesbian, gay, bisexual and transgender (LGBT) at the town sub district in Bone regency with the research focus is: how is the lesbian of gay transgender community in Bone regency observed from sociological and juridical studies. The aims of this reserach are to analyze events in the field as the fact is that. While the method used in this research was descriptive qualitative. This method aims to obtain a good depiction, obvious and can give data accurately about the object that will be researched. This research showed that the existence of lesbian of gay bisexual transgender (LGBT) at the town sub district in Bone regency was real of its existence. In the sociological study stated the society assumed that the existence of this community disturb their activity, because of some things that they did is not like what have been done by society commonly. However, in the juridical study in Islam perspective, its existence impinge, because of opposing with Islam education such as what have been done by former community in this case clan of Luth Prophet. While, in the law of positive also contradictive because of representing deed action to impinge morality in the formula rule of crime which is arranged in section of statute 292 KUHP.

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Contact Name
-

Contact Email
Alrisalahiainbone@gmail.com

Phone
+6285113333130

Journal Mail Official
Alrisalahiainbone@gmail.com

Editorial Address
Jl. HOS. Cokroaminoto No. 9, Watampone, 92731, Indonesia

Location
Kab. bone,

Sulawesi selatan

INDONESIA

Abstract

Abstract

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name -

Contact Email Alrisalahiainbone@gmail.com

Phone +6285113333130

Journal Mail Official Alrisalahiainbone@gmail.com

Editorial Address Jl. HOS. Cokroaminoto No. 9, Watampone, 92731, Indonesia

Location Kab. bone, Sulawesi selatan INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
-

Contact Email
Alrisalahiainbone@gmail.com

Phone
+6285113333130

Journal Mail Official
Alrisalahiainbone@gmail.com

Editorial Address
Jl. HOS. Cokroaminoto No. 9, Watampone, 92731, Indonesia

Location
Kab. bone,

Sulawesi selatan

INDONESIA