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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
PROBLEMATIKA DAN UPAYA HAKIM MEDIATOR DALAM MENDAMAIKAN PERKARA PECERAIAN DI PENGADILAN AGAMA KOTA MALANG (Studi Kasus di Pengadilan Agama Kota Malang 2019) Budiman Sanusi; Azhar Haq; 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

AbstractThis research is intended to study the process and implementation of mediation in the Malang City Religious Court. The subject of the debate from this research is what problems are faced by the judge in seeking peace towards the parties and what efforts are made by the judges in the Malang City Religious Court starting from the problems raised by research seeking research under several sub-examples namely : 1) What is the process of conducting mediation in the Malang City Religious Court? (2) What are the problems of the judge in conducting the mediation of divorce cases in the Malang City Religious Court without success? (3) Doing mediator judge efforts in conducting mediation in Malang City Religious Court?In accordance with the above title, this study is included in the category of field research (field research). While the nature of this research is descriptive-analytic, namely describing the discussion material coming from various sources for later analysis carefully in order to obtain results as a result of the study. The license used is juridical based on the applicable laws in Indonesia (positive law). In analyzing the data obtained using qualitative data analysis, after the data collected were analyzed using the deduction method, namely by using the process obtained from general truth.Based on observations during the Malang City Religious Court, in reconciling the parties to be reconciled until now it has been running omtimal because there are other problems such as, problems that need to be by the mediator Judge as for the number of mediators in the Malang Religious Court as many as 23 people and the number of cases approved by the panel of judges per day totaling 50 or more cases a day if one month reaches 1,500 cases then it is certainly difficult for the mediating judge to maximize fully mediated cases, and issues related to the negotiating parties first and are reconciled by their respective parents so the mediator is rather difficult to reconcile the two sides.Key Words: Mediation, Mediator, Role of Judges
BATAS USIA PERKAWINAN DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF Nur Hikmah; Ach Faisol; 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

Abstract               Marriage is a way to validate the bond between men and women in a sacred bond so that they become a husband and wife. The purpose of marriage as stated in the Marriage Law article 1, paragraph 1, is to form a family or household that is endangered and based on a Godhead. In deciding a marriage. It is not a benchmark if you are ready and able to get married. Age is one of the material requirements for a marriage, a material requirement is a condition that is related to the core or principle in a marriage in general. Regarding the age limit of marriage, in positive law refers to the Marriage Law article 7 paragraph 1 of 1974 which was later revised and became Marriage Law No. 16 of 2019. Then in Islamic law there is no argument in the Koran or Hadith that states how many restrictions marriage age. This then causes the scholars to give different interpretations of the age limit of marriage. Keywords : Marriage, Minimum age,  
TINJAUAN HUKUM ISLAM TENTANG ZAKAT OBLIGASI MENURUT PEMIKIRAN FIQIH YUSUF QARDHAWI M. Faqih; Khoirul Asfiyak; 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

AbstrackAs human beings, human beings cannot be separated from social life, one of which is in zakat activities. Zakat in Islam is the right of the poor who are found in some rich people's wealth. Along with the times, the modern economy is also growing. The emergence of these bond transaction instincts many fiqh scholars still debate about zakat which must be issued for bond transactions. The purpose of this study is to describe the view of Islamic law regarding the zakat of bonds and to describe the thoughts of Yusuf Qardhawi about zakat on bonds. As for getting maximum results, the type of research used is library research, while the method used is descriptive and comparative. In this study, Yusuf Qardhawi assumed that stocks and bonds are analogous to commercial assets, which are potential to develop, so from that the provisions of zakat law are equated with commercial assets without differentiating between stocks and bonds in the enforcement. The provisions of the Nisab are 84 grams of gold or 588 grams of silver from the capital and the proceeds, or added with other assets and the amount of zakat that must be issued as much as 2.5%.  Kata Kunci: Zakat Obligasi, Obligasi Menurut Hukum Islam.
DASAR YURIDIS SOSIOLOGIS PENGESAHAN RUU NO 16 TAHUN 2019 TENTANG BATAS USIA MENIKAH BAGI LAKI-LAKI DAN PEREMPUAN Wahyudi Setiawan; Khoirul Asfiyak; 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

AbstractBackground :marriage law number 16 year 2019 is the end result of the long dialogue of the Indonesia people regarding marriage law, wich has been carried out from 1950 to 2019 the purpose of the ratification of law number 16 of 2019 on marriages is to make social changes and foster marital behavior in the community,wich at that time tended to harm women and children, because of the number of underage marriages, ratification of law number 16 year 2019 concerning marriage can not be separated from law number 1 of 1974 concerning marriage in which the law is considered by a group of citizens as a law that discriminates against women because in article 300 the civil code states that children namely those aged 21 years, in the law childrens welfare law also states that children are those who are 18 years old, for this reason a group of citizens submitted a request for revision to the constitusional court (MK) so that the constitusional court gave an order to the House Of Representatives (DPR) to immediately revise the old marriage law to create a healthy marriage physically and spriritually.Keywords: Background, yuridicial marriage, marriage law,discrimination 
ISTRI KARIER DALAM MEWUJUDKAN KELUARGA SAKINAH Emy Ria Wahyu; Ibnu Jazari; 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

AbstractIslam does not prohibit a wife from working outside the house, but must still pay attention to the things established by Islam and obtain permission from the husband. If a husband permits his wife to work outdoors, it means that there must be a commitment to help each other in the household chores and educate the child. To create a family of Sakinah in a career wife's household, must perpedomandengan the things that have been in the Qur'an and Hadist. It should also be based on the attitude of honesty, openness, and mutual trust. The purpose of the study was to know how to create a harmonious family and a sacnication in a career women's household in the Brigif dormitory of the 18th Jabung Raider. The methood  used is qualitative whereas the tipe of research that is the casse study in the Brigif dorm of the Raider 18 Jabun. To collect research data using observation, documentation, and interviews, then analyse it with data triangulation. A lot of things are a contributing factor to a career woman. In general, there are two factors that encourage women to pursue a career, namely the desire factor and the demands factor. Economic factors, social factors, education level. Keyword: Peaceful family, household, career woman.  
KEWAJIBAN DAN HAK SUAMI ISTRI (STUDI KOMPARASI PANDANGAN SAYYID MUHAMMAD ALAWI DAN K.H. HUSEIN MUHAMMAD) M. Kemal Irsyadul I; Ibnu Djazari; 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

AbstractThe concept of husband and wife rights in jurisprudence discussion is very important in the detailed review and examined in this contemporary era. From the background, the composer tried to examine the two focus problems in this discussion, 1) how the concept of Sayheed Muhammad Alawi and KH. Husein Muhammad regarding the rights and obligations of husband wife. 2) How are the similarities and differences and their relevance to the rights and obligations of the husband wife with the applicable invitation in Indonesia. This type of research uses the Library Reseacrh (Literature Study). This type of research was conducted in the study and discussion of classical and contemporary literature literature. Especially the thought Sayheed Muhammad Alawi and KH Husein Muhammad as the object of this study .Based on the results of the research, the rights and obligations of husband and wife according Sayheed Muhammad Alawi about the concept detailed description and KH. Husein Muhammad about the concept concise description : muasyarah bilmakruf. The similarities are based on Al Quran and As-Sunah. Difference to understanding the Nash Al Quran and As Sunah with a different approach. Sayheed Muhammad Alawi Conservative-Tektualis. While KH. Husein Muhammad Progressive-kontektualis part of the second view of the figure is still relevant to the compilation of Islamic law, especially in pasal 83 and UU.No. 23 years 2003 ayat 9 KDRT.                                                             Keywords: Sayheed Muhammad Alawi, KH.  Husein Muhammad, camparison, The rights and obligations husband wife
PERLINDUNGAN ANAK DALAM DILEMA PENEGAKAN HUKUM : ANTARA HAK ANAK DAN PENETAPAN DISPENSASI NIKAH DI PENGADILAN AGAMA KOTA TEGAL NO. 30/PDT.P/2020/PA.TG Nurfatah Zulmi Arif Rahman; Khoirul Asfiyak; 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

AbstractMarriage is the law of God that is written in His book the Qur'an which has an important meaning where the cause of marriage raises broad laws, family law and the general public. Among the legal consequences are the issue of the minimum age of marriage to protect the rights of children who are married at an early age as stipulated in article 7 paragraph (1) and (2) with Law number 16 of 2019 concerning Marriage and Law number 35 years 2014. This research was conducted at the Tegal City Religious Court with a descriptive qualitative method that was presented objectively in accordance with facts on the ground. Namely by the interview of the judge concerned and written data from the judge's decision and analyzing the relevance of the judge in deciding the determination of marriage dispensations by considering the Child Protection Act number 35 of 2014. Keywords: Child Protection, Law Enforcement, Marriage Dispensation and Children's Rights
WALI HAKIM DALAM PELAKSANAAN PERKAWINAN MENURUT PRESPEKTIF HUKUM ISLAM DAN HUKUM POSITIF (Studi kasus KUA Kecamatan Wonoayu kabupaten Sidoarjo) Mas Habib Syaifulloh; Dzulfikar Rodafi Rodafi; 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

AbstractMarriage in the Indonesian legal system, especially for those who adhere to the Islamic religion requires a guardian in marriage. These obligations can be seen in the regulations issued by the government, including in the Compilation of Islamic Law Article 19 to Article 23 and Minister of Religion Regulation Number 11 Year 2007 regarding Marriage Registration Article 18. The necessity for the guardian in marriage is basically an agreement of the majority of scholars, except Madzhab Hanafiyah which does not require a guardian for women, especially if the woman has grown up and is able to account for every word and deed. (1) What is the Position of Judge Guardian in Marriage in the perspective of Islamic Law and Positive Law in KUA of Wonoayu District and (2) How is the Legality of Judge Guardian in Perspective of Islamic Law and Positive Law in KUA of Wonoayu Sidoarjo District ?. This study aims to determine as clearly as possible the position of the guardian judge in KUA Wonoayu District, and to determine the validity of the guardian judge according to positive law and Islamic law. The research method used is the field research method where this research is descriptive in nature. Data collection method is done through observation, and interviews. Source of data used comes from primary data and secondary data. Analysis of the data used is qualitative data analysis with an inductive thinking approach. Based on the results of the study concluded that, the position of guardian judge in KUA Wonoayu District Regulation of the Minister of Religion Number 2 of 1987 concerning the Guardian Judge, Regulation of the Minister of Religion Number 11 of 2007 concerning Marriage Registration, KHI Article 23 paragraph 2 and Al-Quran Surah 2 Al-Baqarah paragraph 232 and authorize the KUA to appoint a guardian of the judge as marriage guardian. the position of the judge's guardian as a guardian in marriage is considered valid according to positive law and Islamic law based on positive law namely KHI Article 23 paragraph 2 where the change from the guardian nasab to the judge's guardian is because the trustee is made after the decision of the Religious Court regarding the guardianship of the guardian. based on Islamic law namely Al-Qu'ran 24th letter An-Nur verse 32 there is an order to marry men and women who are alone who deserve to be married, then the second letter to Al-Baqarah verse 232. So in this case the KUA should carry out the marriage contract in accordance with the provisions of the law, to the bride and groom to always ask for permission from the trustees of the nasab and the trustees of the nasab to achieve mutual benefit.   Keywords: guardian judge, marriage, law
“ISTRI KARIR MENURUT HUKUM ISLAM DAN PESPEKTIF GENDER” Ghea Lintang Amour Vanryan; Khoirul Asfiyak; 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

 AbstrackThis study aims to determine the effect of career women's attention on the success of their children's education, the strategy of career women in allocating time to pay attention to their children's education, factors that support and inhibit career women to pay attention to children's education. The main problem in this research is how is the career wife according to Islamic law and gender perspective, with sub-problems: l) how is the career wife according to the view of Islamicklaw? 2) What about a career gender perspective wife? This research is a research study (library research). The preparation of this thesis, using data collection methods in accordance with its clarification The results of the research and analysis of the author: (l) A career for a wife is based on two factors, the first is an internalo factor, which is to assist the husband in meeting the needs of the family economy.dThe two externa factors are work and career for wives who require them to leave their homes. the assessment that is owned by a woman (wife) also influences the creation of a working wife profile. The belief that a wife must make herself as much as possible, and expand her network of activities. (2) The assessment of the worlld of work they live in requires that they have to arrange time between their familly and profession. (3) Generally not found in fiqh literature which forbids wives from working, as long as there is permission from the husband and guarantees of security and safety. Scholars distinguish between a career wife who can reduce the rights of a husband or an emergency and the second is a wife who works outside the home at work that does not contain risks. The implications in this paper reinforce that permitting a woman as a wife to workbfor the public, as long as it does not make him neglect of his role in maintaining religious, customary and moralopnorms, and can fulfill the conditions and ethics of a wife who works outside the home. In addition, as a housewife must be able and master time management. Keywords: Career wife, Islamic law, Gender 
PENYELESAIAN SENGKETA HUKUM WARIS ANTARA HUKUM ADAT DAN HUKUM ISLAM DI (DESA MAUBASA TIMUR KECAMATAN NDORI KABUPATEN ENDE) Susianti Ago; Ahmad Subekti; 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

Abstract Indonesia has people of all kinds of religions, customs, and cultures, and has created a host of breakaway legal system, a system of western heirs, a system of islamic law, and a system of tribal heirs. Each of the legal systems of the heir is set in place. Because most indonesians are muslims, the system of inheritance is governed according to the islamic laws found in khi and its terms stemming from the qur 'an and the hadiths. Although the legacy of Islam is clear, its practices in society still do not socialize well. For more valid research, researchers have decoded it to an empirical type of research. Researchers picked up the research locations in the Muslim communities of maubasa east village, ndori district, ende flores, east southeast nusa. The reason for the location to be taken, first because it is here in its natural division that still applies to tribal laws. Second because of the large number of islamic societies, however, such customs are still used in inheritance division. The aim of this research is to describe the execution of the law of inheritance in the village of maubasa east, the division of inheritance according to hokum and islamic law, and the knowledge of the division of property according to customs and islamic law. To achieve that goal in the study is done with a qualitative type of repressive. Data collection procedures are conducted using observation methods of observation, interview methods of Tanya and documentative methods of records and photos. The results are (1) heir law in the village of maubasa east, The difference between the application is that a daughter has no inheritance from her parents because she has a husband and her husband is the one who has to support her family. (2) the appendage of property according to the hokum of custom and the law of Islam that a daughter of the middle child has no hold on to the hart of inheritance while the hokum of the deceased child is required by the islamic heir. Third, the child's position according to traditional law and islamic law is the same as a girl who has no part in making decisions because a woman is weak and easily exploited. Keywords:  Customary, Female, Inheritance

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