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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 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)" : 22 Documents clear
PENGARUH PERNIKAHAN DI BAWAH UMUR AKIBAT PERJODOHAN DARI ORANG TUA PERSPEKTIF HUKUM ISLAM DAN UNDANG-UNDANG NO. 1 TAHUN 1974 Yuliana Nurfadilah; Dzulfikar Rodafi; Humaidi Kaha
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Underage marriage is one of the social phenomena for people who are easy to be influenced by the culture of marrying or matching their children who are still small to maintain the honor of the family when he has not found his soul mate. According to Hanafiyah scholars, marriage is a contract that allows a man to have rights and use women's entire body to obtain satisfaction and enjoyment, in Law no. 1 of 1974 concerning the marriage that explained that marriage is a physical and spiritual bond between a person men and women as legal husband and wife in order to form a happy and eternal family based on God Almighty. Researcher using a qualitative approach. Strategies used in research The qualitative research discussed is a field research strategy or case study. The results of studyshow that the effect of underage marriage is due to arranged marriages These parents show positive and negative influences in the family because they can help ease the burden on the family and stay away from public gossip to maintain the good name of the family, and there are fights or incompatibility between couplesbecause they don't know each other and there are also difficulties economy in the household so that the family intervenes to help needs in his family.
DAMPAK PSIKOLOGI TERHADAP ANAK AKIBAT PERNIKAHAN SIRRI DI DESA MANCON KECAMATAN WILANGAN KABUPATEN NGANJUK Ahmad Mubbin; Dwi Ari Kurniawati; Humaidi Kaha
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Marriage is a matter that has wide implications in the legal relationship between husband and wife. With the marriage, a bond that contains rights and obligations arises. This paper chooses the type of qualitative research, the method used by the author is to see directly the phenomena in the field, summarize the data obtained, and arrange them according to research needs. Focus on objects with clear indicators and variables. Researchers use primary data that is generated directly from the field, observations and interviews with informants while normative library data or written rules are used as secondary data. Findings Their psychological impact on limiting their association with the people around them and their parents during a serial marriage was tested. When at school there is a report card taking, the mother must have taken it because the father does not have guardianship rights for the child. Some children also take social deviant actions such as taking part in illegal motorcycle races just for fun and an outlet because at home, their parents lack love. So they do things that are fun for themselves, don't see what they do as positive or negative.
UPAYA PASANGAN SUAMI ISTRI BEDA BUDAYA DALAM MEMBENTUK KELUARGA SAKINAH (STUDI KASUS PASANGAN SUAMI ISTRI BEDA BUDAYA DESA WAELO KECAMATAN WAELATA KABUPATEN BURU NAMLEA) Lailiyatur Rohmah; Khoirul Asfiyak; Faridatus Sa’adah
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

A different cultural wedding is a marriage that takes place between a couple who come from a different background. Differences in thought and way of life can lead to a conflict. So the researchers would like to describe the conflicts that developed and how different cultural couples were trying to from the perfect family. The studi uses a qualitative approach with a type of case study. Studies suggest that these cultural background differences resulted in conflict within the marriiage. So couples in different cultures make an effort to resolve these conflicts. The maariages they undergo ore due to an adjustment or adaptation to the environtment and community. And adjustments to the spouse also made.
BATAS PELAKSANAAN MASA IDDAH BAGI PEREMPUAN PERSPEKTIF EMPAT IMAM MADZHAB Zakiyah Nur Aini; Ach. Faisol; Abd Wafi
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

The dissolution of marriage between husband and wife makes it obligatory for Muslim women to perform iddah. However, not a few Muslim women in Indonesia do not understand the implementation due to lack of knowledge about religion. The need to re-examine the limits of the implementation of iddah in order to help Muslim women understand about iddah and to add references to fiqh activists in understanding iddah. Many fiqh scholars provide arguments related to iddah such as Hanafi priests, Maliki priests, Shafi'i priests, and Hanbali priests. This study discusses the arguments of the madhhab imam in determining the limits of the implementation of the iddah period and the legal istinbath method used in its determination. This study uses a library method that takes library sources, namely fiqh books, books, and articles that discuss iddah. The results of the study concluded that the four priests agreed to use the legal istinbath method which was sourced from the Qur'an because the explanation was clear regarding the implementation of iddah. Then the arguments of the four madhhab priests are also not much different regarding the implementation of different iddah only in the minimum and maximum limits of its implementation set by each madhhab scholar.
TINJAUAN HUKUM ISLAM TERHADAP PERAN GANDA PEREMPUAN SEBAGAI ISTRI DAN PENCARI NAFKAH KELUARGA ( STUDI KASUS DI KELURAHAN CIPTO MULYO KECAMATAN SUKUN KOTA MALANG) A. Ridho Maulana Aziz; Humaidi Kaha; Dzulfikar Rodafi
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

The dual role of a career woman is a woman who is involved in professional work activities. Generally, careers are pursued by women outside the home. So that career women are classified as those who take part in the public sector. But in the case of career women in Cipto Mulyo Village, Sukun District, Malang City. some work outside the home and some work from home. A career woman who has the obligation to manage the household as well as possible, helps her husband to work for a living because his husband's income cannot be sufficient for the family's economic needs, so they do not pay attention to their obligatory role as housewives as required women may work according to Yusuf Qardawi's theory of Islamic law. The formulation of the problem in this study is: a review of Islamic law on the dual role of women as wives and family breadwinners in Ciptomulyo Village, Sukun District, Malang City? How does Islamic law review the role of career women in educating children in Ciptomulyo Village, Sukun District, Malang City? The type of this research is qualitative research with a descriptive approach while the data collection technique uses observation, interviews and documentation. The analysis used is a deductive method. From this research, it can be concluded that the review of Islamic law regarding the dual role of career women in Ciptomulyo Village, Sukun District, Malang City, that the overall role of career women in improving the family economy and family welfare in Ciptomulyo Village, Sukun District, Malang City has fulfilled According to Yusuf Qaradawi, the conditions for women to work according to Islamic law are lawful work, behaving according to the Shari'a, the work does not make one negligent in being a housewife, and the work does not mix with men. Then in a review of Islamic law regarding the role of career women in educating children in Ciptomulyo Village, Sukun District, Malang City, the role of career women in educating their children is in accordance with Islamic law regarding education for children, namely education about reason, aqidah, morals, worship, and physical.
Dispensasi Kawin Akibat Hamil Pra-nikah Menurut Perspektif Imam Syafi’i dan Imam Hanafi (Studi Putusan Pengadilan Agama Kabupaten Malang Nomor 0486/Pdt.P/2021/PA.Kab.Mlg) Pitria Nur Rinawati; Ibn Jazari; Ahmad Subekti
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

      The phenomenon of getting pregnant out of wedlock is one of the factors in submitting an application for a marriage dispensation at the Religious Courts. Marriage dispensation is an allowance given to prospective husband and wife who have not reached the minimum age limit regulated in the marriage law. From the context of the research above, the researcher makes the conception of Islamic law regarding marriage dispensation, considerations of religious court judges in deciding cases of marriage dispensation number 0486/Pdt.P/2021/PA.Kab.Mlg and analyzes judge’s decison number 0486/Pdt.P/2021/PA.Kab.Mlg based on the perspective of Imam Syafi’i and Imam Hanafi as the focus of research that will be studied in this study. As in this research process, the researcher uses research methods, in which the research method used is a qualitative approach method and the type of legal juridical normative research. In collecting data, researchers used the interview method, namely using structured interview and researchers also used the documentation method to find data. The dokumentation used is in the form of decisions to be reviewed, books, journals. The results of this study are that Islam does not regulate the age limit for marriage. Then Imam Syafi’i and Imam Hanafi also allow at what age a person can get married, but he recommends marriage should ideally be done when someone has reached puberty. In the decision reviewed by the researcher, the judge in deciding the case number 0486/Pdt.P/2021/PA.Kab.Mlg used the legal basic for the KHI Article 53.
ANALISIS YURIDIS TERHADAP PERTIMBANGAN HAKIM DALAM MEMBERIKAN DISPENSASI NIKAH DIBAWAH UMUR DI PENGADILAN AGAMA KABUPATEN MALANG KELAS 1A Ahmad Fauzan Mubarok; Ahmad Subekti; Shofiatul Jannah
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Marriage in Indonesia is regulated in Law No. 16 of 2019 concerning the age limit for prospective grooms and brides to be at least 19 years old. This requires that people who will perform marriages be aged by applying for a marriage dispensation in the Religious Court. In this case the judge of the Religious Court may grant or even refuse such dispensation as per the judge's consideration. In consideration the judge must lead to the benefit of reducing the hypocrisy that will occur in the future
ANALISIS HUKUM PADA PUTUSAN HAKIM TERHADAP HAK HADHANAH KEPADA BAPAK BAGI ANAK BELUM MUMAYIZ (Analisis Putusan Pengadilan Agama Kabupaten Malang Perkara Nomor 2671/Pdt.G/2021/PA.Kab.Mlg) Mauliddan Mauliddan; Syamsu Madyan; Moh. Muslim
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Marriage has a purpose, including to produce offspring, every child born must have a biological mother and father that causes its existence. The presence of children in a marriage is a right that every couple dreams of, for them it is an extraordinary gift from God, he must be guarded and cared for as well as possible. However, sometimes marriages do not always go as expected, so that various problems arise, including divorce which causes a fuss over child custody. This is usually a difficult problem because the two divorced parents can fight each other for custody of the child to whom the child is given depending on the consideration of the panel of judges. Researchers formulate problems aboutthe ijtihad methodist of the paneI judes in decidng thee casee the child's hadhanah rights to the fatherandthe basis of legal considerations used by the panel of juddges indeciding tthe cased.This study aims to describe thethe ijtihad method of the panel of judges in deciding the case of the child's hadhanah rights to the father, andthe bassis in Iegal consideration useful bye the panel of jadges on decilding on cased. The research uses a case study approach. Researchers used data collection techniques, namely byhow to copy the decision and then analyzed by the author, interviews and literature review.
TALAK QOBLA DUKHUL PERSPEKTIF IMAM ABU HANIFAH DAN IMAM SYAFI’I (STUDI TEKS KITAB FIQH ALA MADZAHIB AL ARBA’AH) Rizka Maulidiyanti; ibnu Jazari; Ach. Faisol
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Marriage is an inner and outer bond that is woven by a man and woman as husband and wife to reach the pleasure of Allah SWT. To achieve it affection, love, good two-way communication and attention are needed so these things minimize the divorce occurrence. Among the types of divorce is divorce qobla dukhul, which means a divorce that occurs between a husband and wife have not had sexual relations. This divorce resulted a different law from the divorce of ba'da dukhul, therefore the author is interested in researching more deeply, especially regarding the maintenance and the period of iddah for women who are divorced in qobla dukhul state. This study uses literature review research, by conducting a study of library sources which in this case is centered on text study of the book of Abdurrahman al Jaziri namely fiqh ala madzahibil arba'ah. The result of this literature review  is that Imam Syafi'i and Imam Abu Hanifah both do not require a living for a divorced wife in qobla dukhul state. Imam Shafi'i’s opinion is that a divorced wife in qobla dukhul state is not entitled to undergo the iddah whether she had khalwat with her husband or not. Imam Abu Hanifah's opinion is that a wife who is in khalwat with her husband has to undergo iddah and a divorced wife in qobla dukhul state who had not khalwat with her husband is not entitled to undergo iddah
PERAN ISTRI SEBAGAI WANITA KARIR DALAM MEWUJUDKAN KEHARMONISAN KEHIDUPAN RUMAH TANGGA DI DESA WAJAK KECAMATAN WAJAK KABUPATEN MALANG M. Anwar Fuadi; Khoirul Asfiyak; Humaidi Kaha
Jurnal Hikmatina Vol 4, No 3 (2022): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

 The role of a wife is to serve her husband and raise children and be the main madrasa for a child. As for being a wife, it is not forbidden to have a career in the field. With the existence of gender justice, this causes justice for a woman to be able to have a career. However, Islam still respects and upholds the status of women. In Islamic teachings it does not prohibit women from having a career or working outside the home on condition that they do not neglect their obligations as housewives and do not violate the rights of their husbands or exceed the limits of their husband's leadership. The main goal in carrying out the role of being a wife and being a career woman in realizing harmony in the household is also based on mutual understanding, openness, trust in each other and being able to divide time appropriately. With the rights and obligations of husband and wife so that it appears the relationship between the two, namely between husband and wife, they must complement each other in various problems in the household

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