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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 36 Documents

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ANALISIS KEDUDUKAN HARTA BERSAMA DALAM HUKUM ISLAM DAN KOMPILASI HUKUM ISLAM Andi Syamsul Bahri
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 3, No 1 (2022)
Publisher : Institut Agama Islam Negeri Bone

This study discusses the analysis of the position of joint property in Islamic law and the compilation of Islamic law articles 96 and 97. The purpose of this study is to determine the position of joint property based on the view of Islamic law and compilation of Islamic law articles 96 and 97 as well as the similarities and differences in the position of joint assets according to Islam law and compilation of Islamic law. The author uses a type of library research, which is to become library material as the main data source, by writing, clarifying, and reducing data, especially those related to joint property, both in the study of compilations of Islamic law and Islamic law.The results showed that 1). The position of joint property based on the view of Islamic law can be understood that joint property is syirkah in the sense that it is a form of cooperation or partnership between husband and wife. Syirkah in joint property is a form of cooperation between husband and wife to build a sakinah, mawaddah, warahmah family, including property in marriage. Regarding this joint property, the husband or wife can act to do something or not to do something on the joint property through the agreement of both parties. 2). The position of joint property based on the view of the compilation of Islamic law articles 96 and 97 can be understood that ownership of property in marriage determines the balance between husband and wife in married life. Because they are still married. They have the same rights to the joint property. 3). Equality in the position of joint property according to Islamic law and compilation of Islamic law lies in the distribution of property, in the event of a divorce, the distribution of joint property can be carried out in peace. The division of joint property according to Islamic law and compilation of Islamic law is not absolute because in principle the philosophy in the distribution of joint property is a value that can be achieved by deliberation based on the principles of faith, justice, balance, legal protection, deliberation and compassion. While the difference lies in the concept of joint property. Islamic law does not recognize the name of joint property, Islam views that the wife gets good protection regarding physical, spiritual, moral, material, housing, maintenance costs, and the education of children is the full responsibility of the husband as the head of the family. Meanwhile, according to the compilation of Islamic law, it is explained that joint property is property obtained during marriage as joint property.

ISLAM DAN KEKERASAN DALAM RUMAH TANGGA MENURUT UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KDRT Jasmani Jasmani
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Bone

AbstractHousekeeping is a form of coexistence between a husband and wife along with their children and those who live with him as his dependents. Al-Qur'an and hadith has outlined that a family lives in harmony, whether between husband / father with a wife / mother or with their children. Delineation of the Qur'an and hadith is sometimes not working as it should. Therefore, Allah has given the legal provisions of disobedience that occurs between a husband and wife are called to nusyuz. The climax is syiqaq. The Qur'an has hinted that if nusyuz and syiqaq can not be neutralized again, then divorce can be done as an emergency exit. However, at this time, nusyuz and syiqaq translated as domestic violence and expressed as a criminal act. This is certainly different from the conception of Islam that never gave explicit stipulation that the husband or wife can report to law enforcement if their partner violence. This paper intends to explain about contemporary Islamic legal view of domestic violence according to law number 23 of 2004 on the elimination of domestic violence.

KAJIAN YURIDIS TERHADAP IMPLEMENTASI OTONOMI KHUSUS DI PROVINSI PAPUA Ma'adul Yaqien Makkarateng
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 1 (2020)
Publisher : Institut Agama Islam Negeri Bone

This study discusses the concept of the Indonesian state as stated in Article 18 of the 1945 Constitution of the Republic of Indonesia concerning the implementation of regional autonomy. the interests of the local community. One area that has the potential to implement special autonomy in Indonesia is Papua Province for the sake of accelerating the realization of justice and social welfare. Social welfare can be achieved by means of rehabilitation (recovery and capacity building), social security (guaranteeing the fulfillment of basic needs), empowerment (empowering the community to meet their needs independently with existing resources and potential), social protection (prevention of social vulnerability so that their needs can be fulfilled). basic requirements are met), and social assistance to maintain a normal life.

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.

UPAYA MEDIASI DALAM MEMINIMALISIR ANGKA PERCERAIAN DI PENGADILAN AGAMA KELAS I B WATAMPONE Syafruddin Syafruddin
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 1, No 1 (2020)
Publisher : Institut Agama Islam Negeri Bone

AbstractThis research aims to describe the mediation efforts in minimizing the number of divorces in the Religious Courts 1B Watampone, the opportunities, constraints, faced and the efforts to minimize the number of divorces in the Religious Class 1B Watampone. This research was classified as qualitative research by using the descriptive-normative approach to theological normative, juridical-normative, psychological, and sociological The results showed that the mediation efforts in minimizing the number of divorces in the Religious Court 1B Watampone carried out in two phases: the implementation of the results of mediation and the implementation phase of mediation. The absence of pre-mediation on mediation with in the Religious Courts Watampone Class 1B because the process converges on the implementation phase of the mediation itself.

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

PERSEPSI HUKUM ISLAM TERHADAP SISTEM KEWARISAN BERBASIS BUDAYA PADA MASYARAKAT BUGIS BONE Muh. Sabri
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Bone

Abstract This research is the perception of the Islamic law Of Inheritance Based on the Culture of the community of Bugis Bone. Principal problem is social cultural society description of Bugis Bone, forms of inheritance system at Bugis society Bone and perceptions of Islamic law of inheritance based on the culture of the community of Bugis Bone. The results showed that the Social Cultural Community of Bugis Bone in daily life are bound by a system of norms and customary rules that are sacred and sacred in its entirety is called Pangadereng. For the community of Bugis in the Division of their heritage trust mallempa orowane, mancujung makunraie (male bear, while women carry). The specialty Division of inheritance system this is the home of heritage parents belong to the youngest, because he was with his parents until his parents died. This is because society has a culture of Bugis sibaliperri' (that) within the brotherhood, even for the people of Bugis male got a balanced heritage portion because he got home or the gold value is not less than that obtained by the male. Division of property in indigenous heritage considered to be mistaken in respect of the law of inheritance in Islamic jurisprudence. However, essentially Islamic law also received other legal norms that have grown and flourished as the norms and customs of indigenous communities, and distinctively custom it brings the benefit of the order, as well as harmony in the life of society, as long as it does not conflict with the norms of Islamic law itself.

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

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.

TRADISI KAWIN TANGKAP DI TINJAU DARI PERSPEKTIF HUKUM ISLAM Dedi Indrama
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 3, No 1 (2022)
Publisher : Institut Agama Islam Negeri Bone

This study was conducted to find out more about capture marriages whether the marriage is legal or not, because marriage is not something that can be played with. We also have to look at the law, the validity of the marriage and the provisions that the couple will bring to their future. Do not let the marriage lead to divorce and divorce in a time that is still as old as corn.In this research, the researcher dissects books from several sources to see how the process until marriage occurs so that we can study together in the future. The author takes samples from several regions that still carry out this tradition until now. From several areas taken, there are still many marriages that are religiously illegal, but the couple is still carrying on the relationship.

POLIGAMI DALAM PERSFEKTIF HADITS Era Puspita
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 3, No 1 (2022)
Publisher : Institut Agama Islam Negeri Bone

Penulisan ini mengarah pada kualitas hadis serta pemaknaan hadis. Dalam pengumpulan data digunakan metode library research (kepustakaan) dan dalam mengkaji data menggunakan metode takhrij hadis, kesahihan sanad dan matan serta teori pemaknaan hadis. Penelitian hadis tentang poligami ini menghasilkan bahwa hadis tersebut berkualitas Shahih li dzatihi. Hadits bias dijadikan hujjah karena hadits ma’muluun wa maqbuluun, yang telah memenuhi kriterai kehujahan dan keshahihaan hadits. Kesahihan Matan hadis tidak bertentangan dengan Al-Qur’an, dengan Hadis dan akal. Hadits membahas tentang implikasi masing-masing poligami yang dilakukann di antaranya poligami maksimal empat orang istri dan di dalam poligami ada hak dan kewajiban yang harus dipenuhi oleh suami kepada istri yaitu mengumpuli dan menggiliri istri-istrinya dengan adil secara kasih sayang dan nafkah. Poligami bukanlah hal yang baru muncul tetapi setelah Islam datang maka poligami diarahkan serta diatur dengan aturan yang manusiawi dan mulia, maka dari itu praktik ini bukanlah suatu hal yang tercela atau negatif selama seseorang hendak melakukan poligami ditujukan dengan tujuan yang jelas dan memenuhi segala ketentuan yang telah diatur agama. Islam tidak serta merta memperbolehkan praktik poligami ini namun apabila poligami dilakukan dengan tujuan yang negatif dan tidak jelas, maka Islam menentang dan melarang praktik ini secara tegas dengan maksud untuk menjaga kedudukan derajat kaum wanita.Kata kunci : Poligami, empat isteri, persfektif hadits

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Alrisalahiainbone@gmail.com

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+6285113333130

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Alrisalahiainbone@gmail.com

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

Location
Kab. bone,

Sulawesi selatan

INDONESIA

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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

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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