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Moh. Eko Nasrulloh
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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 154 Documents
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ANALISIS HUKUM ISLAM TERHADAP FATWA MAJELIS ULAMA INDONESIA NOMOR 02/MUNAS-VIII/MUI/2010 TENTANG NIKAH WISATA Eriskha Nur Subihatin Nisa’; Khoirul Asfiyak; Moh. Muslim
Jurnal Hikmatina Vol 3, No 2 (2021): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah )
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Humans are social creatures who have in common to live in pairs between men and women. Marriage is the inner and outer bond between men and women as husband and wife, and the purpose is to establish a happy and eternal family based on Almighty God, as stated in Article 1 of the law. RI. Law No. 1 of 1974 on Marriage. With regard to marriage in Indonesia, marriages still exist between foreign Muslims and indigenous Muslim women who are married in accordance with current regulations. This is the reason to analyze the practice of tourist marriages that occur and to find out how the MUI fatwa on tourist marriages is from the perspective of Islamic law. This research was conducted by reviewing the MUI fatwa No 02/MunasVIII/MUI/2010  tourist marriages, to find out how MUI stilpulates fatwa, as well as an understanding of the community towards the law of marriage. The method used in this study is library research, and its nature is to use deductive thinking methods for descriptive analysis. And the result of this research is a form of mut’ah marriage which is haram and this is included in the category of new problems because the discussion is not found in classical fiqh book. Keywords: Analysis, Fatwa, and Marriage Tourism
KEDUDUKAN ANAK ANGKAT TERHADAP HARTA WARISAN DALAM PERSPEKTIF WASIAT WAJIBAH (STUDI PUTUSAN PENGADILAN AGAMA GORONTALO NOMOR 851/Pdt.G/ 2017/PA.Gtlo) Mohamad Fahri Kolanus; Ahmad Subekti; Nurhasan Nurhasan
Jurnal Hikmatina Vol 3, No 2 (2021): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah )
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

In the decision number 0851/Pdt.G/2017/PA.Gtlo, the panel of judges decided that the adoption of a child who did not go through a court decision still got 1/3 of the assets of his adoptive parents. , while this is contrary to the legal product. This research presents problems and perspectives that are examined in terms of concepts and behavior in the social world, namely qualitative research with normative legal research types or normative juridical research. The results showed that, First, the position of the adopted child basically cannot take his rights first, but talking about inheritance will be counted again. However, if the adopted child has taken the inheritance, the proceeds will be deducted based on the judge's considerations found in the facts of the trial. Second, the judge's consideration of the psychological aspect is the basis in giving a mandatory will to an adopted child to obtain a third of the inheritance from the adoptive parents. Emotional closeness can describe the devotion of a child to his adoptive parents. Third, the impact in this case should not incriminate the defendant. Because in deciding a case, a judge cannot be intervened or pressured by any party.Keywords: Adopted Child, Position, Mandatory Will
TINJAUAN YURIDIS PERTIMBANGAN MAJELIS HAKIM DALAM MENETAPKAN DISPENSASI PERKAWINAN DI BAWAH UMUR (Studi Penetapan Nomor 1837/Pdt.P/2021/PA. Kab. Mlg) Silvi Chumairotun Nadiyah; Ahmad Subekti; Shofiatul Jannah
Jurnal Hikmatina Vol 4, No 2 (2022): Jurnal Ilmiah Hukum Keluarga Islam (Ahwal al-Syakhshiyyah )
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Underage marriage is a legal act carried out by man and/or women who are not yet 19 years old in a marriage bond. Where to be able to carry out the marriage, you must first obtain a permit in the form of a marriage dispensation from the Religious Court. This study uses a qualitative approach and normative juridical research. while the data collection techniques used are observation, interviews, and documentation. This study describes underage marriage according to Islamic law, the considerations of the panel of judges and underage marriage in the perspective of Law Number 16 of 2019 and KHI. This study reveals that Islamic law does not specifically regulate the age limit for marriage, it can be seen in the absence of arguments that regulate it. Then the phenomenon of underage marriage that occurs in the community, the panel of judges as the holder of authority for the case does not easily grant the application for a marriage dispensation, for that the judge will take into account all aspects. So that the provision of marriage dispensation is in accordance with the provisions of Article 7 paragraphs (1) and (2) of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Resistance and Article 15 paragraph (2) of Presidential Instruction Number 1 of 1974. 1991 Concerning the Compilation of Islamic Law. Keywords: Juridical Review, Panel of Judges, Marriage Dispensation, Underage Marriage
PRAKTEK BUDAYA MERARIQ DALAM PERSPEKTIF HUKUM ISLAM (Studi Kasus Desa Tibu Sisok Kecamatan Janapria Kabupaten Lombok Tengah) Syaiful Anwar; Nur Hasan; Dwi Ari Kurniawati
Jurnal Hikmatina Vol 1, No 2 (2019): JURNAL HIKMATINA
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

 The Sasak people recognize Merariq as a culture that initiates marriage, not applying for a girl through her guardian.  Marry ran a secret meeting with the girl and took her away at night to a hiding place.  The bridegroom sneaks out of his parents' house as planned and the groom is usually escorted by his family or close friends.  In some cases, the bride stays in her house and instructs the trustee to kidnap the woman in question for her.  This kidnapping is considered successful if the prospective bride and groom hide themselves in a secret place (usually infiltrating), usually at the home of one of the prospective patriletral relatives of the bridegroom.  Based on this context, the main problem of this research is how to practice merariq culture in the perspective of Islamic law.  And based on the main subject matter, the focus of this research is about the merariq cultural practices that exist in Lombok, the views of religious leaders and traditional leaders about merariq culture, and the views of Islamic law about merariq culture.  In this study researchers used empirical and juridical syar'i sociological approaches and qualitative descriptive types. Kata Kunci : Praktek Merariq, Perspektif, Hukum Islam
PERAN LEMBAGA PENDIDIKAN PRA-NIKAH DALAM PENCEGAHAN TINGGINYA KHULU’ PADA RUMAH TANGGA ISLAM ( Studi Kasus Pada Lembaga Pendidikan Pra-Nikah di Kota Malang: Klinik Nikah ) Zahrah Salsabila; Khoirul Asfiyak; Moh. Muslim
Jurnal Hikmatina Vol 4, No 4 (2022): Jurnal Ilmiah Hukum Keluarga Islam (Ahwal Syakhsyiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Khulu's divorce during the COVID-19 pandemic in Malang City is very increased. The main cause of lack of communication, and constant disputes. Therefore, it is recommended to take pre-marital education. Divorce is common, from time to time and this issue turns into an interesting issue to observe. Therefore, it is important to have a pre-wedding educational institution to provide education for prospective brides. The observed method usedIs quantitative. This is part of this field research strategy or case studyThe subjects were the Malang Marriage Clinic Education Institute employees and 5 alumni of the institution. Data is obtained by using data reduction, data presentation, and drawing conclusions or verification during the observation. The results of this observation indicate that the COVID-19 pandemic impacts divorce due to abnormal family and continuing differences of opinion. Keywords: Pandemic Covid-19, Divorce, Khulu’, Marriage Clinic Education
EFEKTIVITAS MEDIASI DALAM MENGURANGI ANGKA PERCERAIAN (STUDI KASUS DI PENGADILAN AGAMA KABUPATEN MALANG KELAS IA) Putri Malikha; Ibn 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

Marriage is proof of the seriousness of a man's love for a woman to be his life partner. In the world of marriage it is impossible to run smoothly, more or less there must be problems in it. But it depends on each partner in responding. Constant quarrels in the household can lead to divorce. When a couple has filed for divorce to a religious court, later there must be something called mediation. The Religious Courts as the implementing body of judicial power, of course have the authority to receive, examine, and decide a case. The judge as the executor of justice must seek peace to the litigants. The peace effort is called mediation, which is carried out by the mediator. The mediator is a neutral party who assists the litigating parties in the negotiation process in order to resolve disputes without resorting to breaking or imposing a settlement. This study will discuss the benefits of mediation, the effectiveness of mediation in reducing divorce rates and the role of mediators in the divorce process. Mediation itself aims to reconcile or reconcile the litigants, especially when they can reconcile and return to influence the ark of a sakinah mawaddah wa rahmah household
PADA PROSES PERNIKAHAN MASYARAKAT SUKU SASAK DALAM PERSPEKTIF ANTROPOLOGI HUKUM (STUDI DI DESA GONDANG, KABUPATEN LOMBOK UTARA) Ahmad Gautsul Anam; Ach. Faisol; Syamsu Madyan
Jurnal Hikmatina Vol 3, No 3 (2021): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Marriage is something that is very sacred in human life to unite two different people. Besides being believed to be sacred, marriage is a sunnah practice that is carried out in addition to carrying out descendants, it is also a form of worship. There are various kinds of traditions in the marriage process carried out in order to achieve the fabric of love and affection for the two people, that the marriage process is carried out with the demands of religious law and in a tradition that becomes a habit carried out by the local community in carrying out the marriage. The tradition is preserved and made a habit because it can become the identity of a region, and how the provisions of an area to overcome this. As with the marriage tradition found in North Lombok or Gondang Village in particular, that the tradition of returning home has various processes that are used as customs to obtain legal approval in accordance with applicable customary manners and cannot be separated from the guidance of Islamic teachings. So that a tradition can be preserved and made a habit in recognizing the identity of an area.
TRADISI BAYAR ADAT PISUKE TERHADAP PERNIKKAHAN SUKUK SASAK DALAM PERSPEKTIF ANTROPOLOGI HUKUM DAN HUKUM ISLAM Aisyunnada Makky; Dzulfikar Rodafi; 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

The Sasak people have local wisdom and have their own practices in getting married. In the practice of the Sasak tribe there is a process called pisuke. Pisuke is a security deposit that must be paid by the man to the woman's family owned by the Sasak people. This study uses a qualitative approach that can be used to understand the meaning that comes from social problems. The purpose of this study is to describe the traditional pisuke payment at a Sasak marriage in Kediri Selata Village, West Lombok from the perspective of legal anthropology according to Islamic law. The traditional pisuke payment tradition is a traditional payment process before or after the marriage contract. The pisuke tradition is burdened on the men for the cost of the Thanksgiving procession after the marriage contract. The pisuke custom in terms of legal anthropology is how the local community reacts to maintain and preserve the values that exist in the Sasak community. Legal anthropology is inseparable from social values such as the traditional pisuke payment tradition in Sasak marriages. As for the tradition of paying the pisuke custom, from the point of view of Islamic law, it is called 'urf shahih or a habit that is repeated by many people and the rules are accepted by the surrounding community
EFEKTIVITAS BIMBINGAN PRANIKAH TERHADAP PASANGAN CALON PENGANTIN DALAM MEMBENTbUK KELUARGA SAMAWA DI KUA KECAMATAN JUNREJO Riadhatun Nabila; Ibnu Jazari; Dwi Ari Kurniawati
Jurnal Hikmatina Vol 3, No 2 (2021): Jurnal Hukum Keluarga Islam (Ahwal al-Syakhshiyyah )
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Problems in the household are often found in society, the causes also vary, strating from mistakes in the past before or after wading through married life. Divorce can occur due to lack of readinees between prospective married couples and less than optimal in conducting premarital guidance. In this study, researcher conducted research at KUA Junrejo District using descriptive research methods, namely case studies. At the premarital guidance program that implemented by the Junrejo District KUA institution in realizing a sakinah, mawaddah and rahmah family for the prospective bride and groom, the bride and groom have met the requirements set out in the Marriage Law, Religion and the decision of the Director General of Islamic Community Guidance. The effectiveness of premarital guidance for the prospective bride and groom in realizing a sakinah, mawaddah dan rahmah family has been effective, it can be seen from the existing criteria, that is the clarity of the goals to be achieved in the premarital guidance program, clarity og strategy, careful planning, good and appropriate preparation of guidance programs, effective and effecient implementation of premarital guidance, the existance of a supervisory system that is educative by the presenters of premarital guidance. Key Words: Effective, Guidance, Premarital, The Household
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.

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