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Jurna Ilmiah Hukum Keluarga Islam
Published by Universitas Islam Malang
ISSN : -     EISSN : 26558831     DOI : 10.33474
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
ikmatina adalah Jurnal online prodi Ahwal Syakhshiyyah Fakultas Agama Islam Universitas Islam Malang terdaftar e_issn 2655-8831 . Karya-karya, kajian, penelitian, serta keilmuan dibidang Hukum Keluarga dan Peradilan Islam (Hukum Islam) dimuat dalam bagian jurnal. pengembangan keilmuan terkini dibahas dalam beberapa kajian berkala. Penerbitan jurnal dalam satu tahun sebanyak tiga kali. Dengan media jurnal online berusaha menyebarluaskan hasil pengembangan dan penelitian terkait objek hukum peradilan untuk kemanfaatan masyarakat. Keberadaan jurnal Hikmatina juga mendukung terwujudnya visi misi UNISMA berdasarkan Islam Ahlussunnah wal Jamaah al-nahdliyyah. peneliti dapat bergabung dengan mendaftar/register pada homepage/halaman jurnal.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 22 Documents
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Search results for , issue "Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)" : 22 Documents clear
PERAN ISTRI SEBAGAI PENCARI NAFKAH UTAMA PERSPEKTIF MUBAADALAH DAN UNDANG-UNDANG NO. 1 TAHUN 1974 Syafaatin Fransiska Yuliandra; Dwi Ari Kurniawati; Syamsu Madyan
Jurnal Hikmatina Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

AbstractA living is an obligation that is born as a result of a legal marriage relationship. This obligation is required for men to their wives and families. However, what if it is done by women seeing in the current modern era changes in the way of society's view of the role and position of women in society, the large number of women who have a career, modern life that does not limit the movement of women, including wives who make a living. The existence of this phenomenon requires a more in-depth study of the relationship between husband and wife who actually must be confused. The problems that are the focus of the research according to the background are: 1. What is the role of the wife as the main breadwinner from the perspective of Mubaadalah; 2. What is the role of the wife as the main breadwinner perspective of Law No. 1 of 1974 concerning Marriage. This study uses a normative juridical approach and reciprocal interpretation methods (understand mubaadalah). This type of research uses a research library whose data can be obtained from books or variables that are relevant to the writing. The conclusion of this research is according to two perspectives. According to the concept of mubaadalah, the position between man and woman or husband and wife is mubaadalah (oversight). According to the Marriage Law that the rights and positions of husband and wife are balanced. So, it does not matter if the wife acts as a breadwinner. However, this is inseparable from a number of provisions when the wife decides to become a breadwinner in the family. Namely, it still does not leave its domestic role and there is an agreement between herself and her husband. Kata Kunci : wife’s role, breadwinner, mubaadalah, marriage law
DEKONTRUKSI KONSEP SYARI’AH DI BIDANG HAM DALAM PEMIKIRAN ABDULLAH AN-NA’IM SERTA KONSTEKTUALISASINYA DALAM KONSTITUSI DI INDONESIA Ahmad Khuzairi; Ibnu Jazari; Moh Muslim
Jurnal Hikmatina Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Abstract Shariah are religious values that are expressed functionally and have a concrete meaning in directing life. Thus, the author would like to examine An-Naim’s views regarding the concept of sharih and human rights in the constitution in Indonesia.  While the objectives of this thesis are: 1. To find out how the concepts of shariah and human rights according to An-na’im, 2. To find out about the implications of the An-na’im idea with the reality and development of sharia, especially for the life of modern society, especially in human rights issues in the constitution in Indonesia, 3. review the ides of renewal of An-Na’im in sharia deconstruction. This research method used descriptive qualitative. Thus, to collect the data, the researcher conducted the library research such as, books of Abdullah An-Na’im, journal, article, etc. According to An-Na’im the deconstruction of Syari'ah is needed interpretation, although syariah come from Allah its need to be re-interpretation.  Keywords: Syariah, Deconstruction, Constitution
ANALISIS PERTIMBANGAN HAKIM DALAM MENOLAK PERMOHONAN ISBAT NIKAH Nomor 0094/Pdt.P/2019/PA.Kab.Mlg. DI PENGADILAN AGAMA KABUPATEN MALANG Moh Yajid Fauzi; Ach Faisol; Dwi Ari Kurniawati
Jurnal Hikmatina Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

 AbstackThis article discusses about the analysis of judges' considerations in the case of marriage isbat application in Malang District Religious Court. Second, the analysis of decisions based on judges' considerations. The last is the impact of the decision perspective of the maslahat perspective on children. These problems arose as a result of the implementation of a marriage that was not registered at the Marriage Registrar of the Office of Religious Affairs and then submitted a marriage request to take care of the child's birth certificate. This can be demonstrated from the case of the petitioners in the copy of the judge's decision. This study uses a normative juridical method with a descriptive analysis research approach, namely by analyzing and presenting systematic facts contained in the marriage request case number 0094/Pdt.P/2019/PA.Kab.Mlg. the conclusion of this research is based on the considerations of judges article 2 and 9 the marriage carried out violated the Marriage Law and Shari'a law and in its decision the Judge rejected the petition submitted. As for the analysis of a positive legal perspective judges in terms of article 14 and article 50 section 1 of the constitution number 48 of 2009 concerning judicial authority. Keywords: Judge’s consideration, Marriage isbat, Marriage Law
HAK HADHANAH KEPADA AYAH (STUDI KASUS PUTUSAN PENGADILAN AGAMA PARIGI NOMOR PERKARA 237/PDT.G/2018/PA.PRGI) Husain Ainulfikri A. Bajuber; Dwi Ari Kurniawati; Moh Muslim
Jurnal Hikmatina Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

AbstrakIn household relationships, the journey of household life is different, there are differences in expressing opinions about occurring in nature by husband and wife increasing conflicts, conflicts that can continue to occur can be recaptured to look better if the relationship is ended, namely by divorce. Divorce cases in the Religious Courts in Indonesia often occur, and it is the child who will become a psychic victim in the case. The purpose of this study was to study the Judge's Basics and Considerations about the Right of Hadhanah of Children for Fathers in the Case Study of the Parigi Religious Court Case Number: 237 / Pdt.G / 2018 / PA.Prgi, looking for positive legal relations and Islamic law in the Hadhanah Right for Fathers, In addition it can add insight to the community. Based on this research, the Judge's Consideration in dropping the right of hadhanah or custody to the father, due to several factors found regarding the transfer of custody, one example is the mother who lapsed. Article 105 Compilation of Islamic Law custody or hadhanah rights for children under 12 years are the rights of mothers. Suggestions from researchers, for married couples who need to divorce, must be approved in advance the maturity taken from the point of view of religion, because in Islam it is something that is hated by God. Keywords: Due, Hadhanah, Father, Decision
TINJAUAN HUKUM ACARA PERDATA TERHADAP PENGAMBILAN KETERANGAN SAKSI DI PENGADILAN AGAMA ( STUDI KASUS DI PA KABUPATEN MALANG ) Usamah Salim Bob Said; Ahmad Subekti; Syamsu Madyan
Jurnal Hikmatina Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

AbstractThis writing is motivated after reviewing the divorce case trial process in the religious court. when the judge calls two witnesses as evidence in the case of divorce simultaneously, but there are some judges who do not approve the matter of calling two witnesses together. So from the findings the authors found there were differences between the positive law in force regarding the procedure for hearing or taking witness statements in religious courts, especially in Malang district religious courts.The method  in this research is field research. This study aims to study intensively about the background and is carried out by going directly to the field to explore the data needed. The results of this study explain the ability to collect witnesses' information simultaneously. In general, the Panel of Judges is bound by legal evidence that is regulated in the Act. The evidence in accordance with the provisions of the Indonesian Civil Procedure Code. Among others: (1) evidence of letters (2) evidence of witnesses (3) evidence of alleged or prejudice (4) evidence of oaths. The law in theory is generally different in practice. The law is no longer as understood, which is more in accordance with its scope.Keywords: witness, religious court. 
EFEKTIFITAS MEDIASI DI PENGADILAN AGAMA SUMBER CIREBON (KAJIAN PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2016) Abid Sohih; Ach Faisol; Nur Hasan
Jurnal Hikmatina Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

AbstractMediation is a model of problem solving through deliberation to obtain the agreement of the parties with the assistance of the mediator or a judge. This writing aims to determine the effectiveness of mediation in Sumber Cirebon  Religious Court Number 1 of 2016. This type of research is a field of study, the type of research used is descriptive research qualitative, mainly by describing a state of subject or object of research. Then the data collection methods used are interviews, observation and documentation. Then the data processing and analysis techniques used by using that the effectiveness of mediation in Sumber Cirebon Religious Court based on the review of Supreme Court Regulation Number 1 of 2016 have not been effective, this is because the parties do not have good faith and in each mont there are approximately 700 cases that go to court religious sources. However, the implementation of Supreme Court Regulation Number 1 in 2016 at the source religious court has been effective and has been implemented since March 2016.Keywords: Effectiveness, Mediation, Supreme Court Regulation Number 1 in 2016.
PENERAPAN HAK EX OFFICIO HAKIM DALAM PERKARA CERAI TALAK (Studi Putusan Pengadilan Agama Kabupaten Malang Nomor 3645/Pdt.G/2019/Pa.Kab.Mlg)
Jurnal Hikmatina Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

AbstractOne of the talak divorce cases in the Malang District Religious Court is decision number 3645 / Pdt.G / 2019 / PA.Kab.Mlg during the process of examining the case especially in giving a ruling, the judge may not give a ruling beyond what is demanded in the petition. On the other hand, the judge has ex officio rights, namely the judge's authority because of his position, so that the judge can give obligations to the husband to fulfill the rights of the divorced wife even though in the petitum the petition is absent. However, the judge sentenced the Petitioner to charge a mut'ah income of Rp. 6,000,000 to the applicant (his wife). The purpose of this study is (1) To describe the consideration of judges in the application of ex officio rights in divorce divorce case number 3645 / Pdt.G / 2019 /PA.Kab.Mlg. (2) To describe the review of positive law and Islamic law in the application of the right of ex officio judge divorce divorce case number 3645 / Pdt.G /2019/ PA.Kab.Mlg. this research uses qualitative research with descriptive research type.Keywords: Implementation, Ex Officio Judge Rights, Talak Divorce.
HAK WARIS ANAK DI lUAR NIKAH PERSPEKTIF HUKUM ISlAM DAN HUKUM POSITIF Lena Ananda; Dwi Ari Kurniawati; Moh Muslim
Jurnal Hikmatina Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Abstract            In essence, children born out of wedlock usual ly get the nickname of adultery or illegitimate chilldren. and thus can cause psychological disturbances against the child, although legally the child also has legal consequences from the actions carried out by both parents. But there are some problems for people who are pregnant outnofgwedlocknincluding the termination of nasab for the child to his biological father and the termination of the inheritancenofochildrennbornkoutnof wedlock. with regard to children outside ofnmarriage canobenseenfromnthe position ofnchildren born out ofowedlock itself. whereas in Islamic law and positive law there is a rule that a child out of wedlock is entitled to his rights, for example his right otonin her it ufromo his biological fathernby means of his biological mother and father engaging in legal marriage according to religion and the State, there will be there is an inheritance right from his biological father in the form of compulsory testament that is equal to l/3 of his assets, and as biological father must meet the needs and rights of the child.Keywords: inheritance right of children, Islamic law, positive legal. 
TINJAUAN HUKUM ISLAM TERHADAP PERCERAIAN DENGAN ALASAN EKONOMI DAN KEKERASAN DALAM RUMAH TANGGA (Studi Kasus Di Pengadilan Agama Kota Malang 2019) Haijan Haijan; Ahmad Subekti; Dwi Ari Kurniawati
Jurnal Hikmatina Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

 According to the 1slamic law, the principle of divorce is preceded by certain causes of the husband of the wife  , this is in accordance with the opinion of imam  Hanafi  in his book usul   fiqih, that is, 1slamic law always follows its gods whether there are gods or gods. So what   if there is a god  , then the action isdemanded so that in accordance with  whatis desired, then if according to the rules of divorce can be punished.  Divorce is a fact that occurs between married cuples, due to differences in principles  that can not be united again through the way of life. Each retains its own will and desire.  Without trying to budge for the achievement of family  intergrity.  Unwillingness and inability to acknowledge the shortcomings of oneslf and  or others a trivial problem to become large so that it ends in divorce Keywords: divorce economic reasons and violence
PENGAKUAN DAN KEWARISAN ANAK LUAR NIKAH MENURUT PRESPEKTIF HUKUM PERDATA (BW), HUKUM ADAT DAN KOMPILASI HUKUM ISLAM Thoib Thoib; Ibnu Jazari; Dzulfikar Rodafi
Jurnal Hikmatina Vol 2, No 3 (2020): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

AbstrakMarriage is one form to get an offspring which later in order to get a successor who could someday replace his position for his offspring, but in matters of descent sometimes it is not easy that we expect but many obstacles and problems that often occur in the real world.About discussing offspring is nothing but going to discuss about inheritance and legal recognition, this problem arises when there is a lover who gets offspring but does not go through a legal process according to civil law, customary law or Islamic law.With this study trying to illustrate the comparison of recognition and inheritance of out-of-wedlock children from three perspectives, namely: civil law (BW), customary law and compilation of Islamic law.Thus, researchers can find out from the three existing laws to elaborate on specific designs, normative research is applied in this study, besides normative research is research that uses literature or sources derived from articles, journals, the Qur'an , The Book of the Law, the Hadith, Opinion of jurists and also opinions of jurists or competent Islamic law as research.Keyword : recognition, inheritance, extramarital children

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