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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
MASA IDDAH WANITA KARIR YANG DI TINGGAL MATI SUAMI ENURUT IMAM SYAFI’I DAN KOMPILASI HUKUM ISLAM Rifki Zaenul Fawwas; ibnu 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

Women as citizens and human resources have the same rights and obligations as well as opportunities with men to play a role in development in all fields. The role of women as equal partners to men is realized through increasing the independence of their active role in development, including efforts to create a family of faith and piety, healthy, as well as for the development of children, youth and youth. In this study, the authors use library research, namely research conducted by reviewing or reviewing library sources. The type of research from this study is a text study, namely examining texts in the form of scientific works with the title Kitabul Fathul Qarib Fathul Mu'in Safinatun Najah and various other sources of study, either in the form of classic books by scholars. The results of the research of the Imam Syafi'i madzab agreed that the iddah obligation had been divorced by her husband or because of the husband's death. The period of iddah that is left for her husband to die is to wait for 4 months and 10 days if she is not pregnant, and a career woman who is a follower of Imam Syafi'i which basically is not allowed to leave the house, but if there is an excuse, she can leave the house
PERNIKAHAN BEDA AGAMA MEBURUT ULAMA MADZHAB Abdul Qadir Assagaf; Khoirul Asfiyak; Ibnu Jazari
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

This study aims to find out how the law of interfaith marriage according to madzhab scholars. This study uses a type of qualitative research with an objective normative approach. Sources of data were obtained from books, books, laws and regulations and various literatures related to the legality of interfaith marriages according to Islamic law, namely the Qur'an and Hadith, as well as the opinions of Islamic scholars. Collecting data in the form of library research (library research). From this study, it was found that interfaith marriages are not valid according to the Hanafi, Maliki, Syafi'i, and Hambali madshab scholars, even the law which is the legal basis of the Indonesian state states interfaith marriages are not recognized and invalid.
KUALITAS PELAYANAN SISTEM INFORMASI MANAJEMEN NIKAH (SIMKAH) PADA MASA PANDEMI COVID-19 (STUDI DESKRIPTIF DI KUA KECAMATAN JUNREJO KOTA BATU) Abdul Rahman Haq al Alif; Khoirul Asfiyak; 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

In Circular Number: P-006/DJ.III/Hk.00.7/06/2020 Regarding Services Towards a Covid-Safe Productive Society. Wedding services during this pandemic require the bride and groom to register their marriage online via the simkah website. Based on initial observations, it was found that many people did not understand the procedures and mechanisms for online marriage registration due to the lack of socialization regarding this new policy and there is also an error on the simkah website. The formulation of the problem from this research is How is the Quality of Marriage Management Information System (SIMKAH) Services during the Covid-19 pandemic. This type of research is a case study with a descriptive approach, Data collection is done through passive observation, then by semi-structured interviews,and the documentation. Quality of Service of the Marriage Management Information System (SIMKAH) during the Covid-19 pandemic at the KUA, Junrejo District, the availability of facilities and infrastructure (Tangibles / Physical evidence) Having competent human resources (Reliability / Reliability) Serving fairly and putting the interests of the applicant first (Emphaty / Reliability) Concern) Receive criticism and facilities (Responsiveness / Responsiveness), carry out socialization to the community (Emphaty / Concern), do not charge service fees (Assurance / Guarantee)
EFEKTIVITAS PENGGUNAAN APLIKASI E-COURT DALAM PENYELESAIAN PERKARA DI PENGADILAN AGAMA JOMBANG KELAS 1B Ahmad Azhar Naufal; ibnu Jazari; Nur Hasab
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

This research is motivated by technological developments, especially information technology, which makes it very easy for the public to get information wherever and whenever the Supreme Court as a State Judicial Institution makes innovations in case administration services using e-court applications that have been implemented in Court institutions throughout Indonesia, especially in the Jombang Religious Court Class 1B. The writing of this article uses field research methods, this article tries to explain the use of e-court applications in the Jombang Religious Court Class 1B, the effectiveness of using e-court applications for the Jombang Religious Court Class 1B environment and the general public. The e-court application is an electronic case registration service where the registrant will receive registration, payment, summons and trial information via the registrant’s email. The implementation of the e-court application at the Jombang Religious Court Class 1B is still not effective because there is no obligation for case registrants to register cases electronically. The results showed that the effectiveness of the use of the e-court application at the Jombang Religious Court Class 1B,was not yet ineffective
IMPLEMENTASI PENYELESAIAN PERKARA BERBASIS E-COURT DAN E-LITIGASI MENURUT PERMA NOMOR 1 TAHUN 2019 (STUDI KASUS DI PENGADILAN AGAMA MALANG) Mar’atus Sholikah; 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

E-court is a court instrument as a form of service to the community in terms of online case settlement. The Malang Religious Court is a court that has implemented e-court since November 28, 2018 which initially referred to RERMA number 3 of 2018 and changed to PERMA Number 1 of 2019, but the Malang Religious Court has not yet received an e-court award certificate, thus raising the purpose of research to to describe the implementation of e-court and e-litigation, and to describe the application of e-court in realizing case administration services effectively and efficiently. This study uses a qualitative approach and the type of case study research, data collection techniques used are non-participant observation, semi-structured interviews and documentation. The results of the study show that the process of implementing e-Court and e-litigation is already running according to where the account creation process for Other Users is carried out in court and for Registered Users it is carried out independently via the web, case registration is online, down-payment of fees that have been detailed automatically in e-court, summoning the parties for a trial, and conducting the trial until the decision. And the application of e-court in realizing case administration services effectively and efficiently, namely: realizing the simple principle, the fast principle, the low cost principle in litigation.
KONSEP BERPOLIGAMI PERSPEKTIF MADZHAB SYAFI’I DAN KOMPILASI HUKUM ISLAM Muhammad Alwy Asy-Syif Hadiyulloh; ibnu Jazari; Syamsu Madyan
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

According to the Big Indonesian Dictionary, polygamy is a marriage system in which one party owns or marries several members of the opposite sex at the same time. This research is a type of research (library research). That is a study that seeks to explore theories that have developed in the field of science related to a problem, look for methods, and research techniques both in collecting data or analyzing research that has been used by previous researchers, obtaining a broader orientation in selected problems and avoid unwanted duplication by leading to the development of existing concepts and facts. The terms of justice in polygamy are also expressed by the priests of the madzhab including Imam Syafi'i. In the case of polygamy a husband may have more than one wife but is limited to four wives. However, this permissibility has a condition that is to be fair between the women, either from a living or in turn. In this case, Imam Syafi'i added, another condition that must be emphasized is that the husband must be able to guarantee the rights of his wife and children
PERNIKAHAN WANITA HAMIL PRESPEKTIF HUKUM ISLAM (Studi Kasus di KUA Kecamatan Lasem Kabupaten Remabng) Lailatul Maghfiroh; Dwi Ari Kurniawati; 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

From the background of the research, the researcher formulates how the implementation of marriage in the KUA, Lasem District, Rembang Regency, how the factors that cause pregnant women, and how pregnant marriages are carried out from the perspective of Islamic law. The method obtained in this study is the method of observation, interviews, and documentation. The primary sources in this study were interviews at the Office of Religious Affairs (KUA) Lasem District, Rembang Regency and the perpetrators of pregnant women. Secondary sources carried out by researchers were obtained in the form of the Qur'an, Hadith, and books related to this researcher. The result of this study is that the implementation of marriages for pregnant women in KUA, Lasem District, Rembang Regency is the same as the implementation of marriages in general. Factors for pregnant women out of wedlock in Lasem District, Rembang Regency, namely promiscuity in the cafe environment where they work, lack of parental attention. Marriage of pregnant women from the perspective of Islamic law, namely that there are fiqh experts who think it is legal and some are invalid, according to the Compilation of Islamic Law, pregnant women can be married but those who marry are men who get pregnant (Article 53 KHI)
PERAN ISTRI SEBAGAI WANITA KARIR DALAM MEWUJUDKAN KELUARGA SAKINAH STUDI KASUS DESA TUMPANG KECAMATAN TUMPANG KABUPATEN MALANG Indah Savira Dorojatul Hikmah; Khoirul Asfiyak; 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

Women are half of the community, even women are also a male partner in living household life. The study of women is quite interesting to investigate until this era. The family is a domestic group that is bound to each other by marriage and legal ties. As for the research used by the researcher, it uses a qualitative approach and the type of research is a case study. The main results of this study are about the factors that cause a wife to choose a role as a career woman and the steps of a wife as a career woman in realizing a sakinah family. Besides that, here we also discuss the positive and negative impacts of the wife's role as a career woman
PEREMPUAN SEBAGAI KEPALA KELUARGA PRESPEKTIF HUKUM ISLAM (STUDI KASUS DI KELURAHAN SUKOMULYO KECAMATAN LAMONGAN) Alif Hadi Saifulloh; Fathurrahman Alfa; Dwi Ari Kurniawati
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

Women as heads of families from the perspective of Islamic law. This research uses direct research located in the Sukomulyo Village. This type of research is direct, which aims to obtain a complex picture of reality and find patterns of interactive relationships. This research was conducted by describing and analyzing data expressed in the form of sentences or words, namely qualitative.The results of the research obtained are that women become heads of families not because of their own desires but are forced by circumstances, many factors are behind this case such as her husband has died, her husband doesn't want to work and doesn't even want to know about domestic life, and some are want to appreciate a form of ideals that have not been realized, on the other hand all these problems or problems certainly have an impact on children, such as children rarely getting a smile, not getting pocket money, and so on, according to Islamic law, activities that make women the head of the family are allowed as long as not leaving an obligation such as working outside with the husband's permission, working to cover the genitals and so on.
KONTRIBUSI HUKUM ISLAM TERHADAP KOMPILASI HUKUM POSITIF DI INDONESIA Rifki Kader; Nur Hasan; 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

Compilation of Islamic Law, is discuss aspects of Islamic law in Indonesia. This discussion complex matter even though occupies an important position in life of the nation today. Formulation of the problem is how to regulate Islamic Law in the Compilation of Islamic Law in Indonesia and how the position of the Compilation of Islamic Law in Positive Law in Indonesia. The position of the research is to determine the arrangement of Islamic Law in the Compilation of Islamic Law and to determine the position of the Compilation of Islamic Law in Positive Law in Indonesia. This type of research is normative, using descriptive analysis of library reasearch, primary legal materials, secondary legal materials and tertiary legal materials. The legal analysis method is normative juridical. The result was success in compiling the book Compilation of Islamic Law as a guide for the Muslim community in Indonesia and a reference for judges in the Religious Courts. Islamic law is regulated in three books Compilation of Islamic Law which contains Marriage Law, Inheritance Law and Endowment Law. The position of the Compilation of Islamic Law is recognized as one of the Positive Laws applicable in Indonesia based on Presidential Instruction No. 1 of 1991.

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