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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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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
GUGATAN TENTANG PRAKTIK POLIGAMI OLEH PARTAI SOLIDARITAS INDONESIA (Study Analisis Dalam Perspektif Hukum Islam Dan Hukum Positif) Nor Hidayatullah; Fathurrahman Alfa; Moh Murtadho
Jurnal Hikmatina Vol 1, No 2 (2019): JURNAL HIKMATINA
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Ths study aims to know the problem in lawsuit of Indonesian Solidarity Party (PSI) analysis about polygamy in positive law and islamic law perspective. This study focuses on 1) What is the point of view from Indonesian Solidarity Party (PSI) about polygamy and domestic violence?. 2) What is the point of view from Islamic law about polygamy and domestic violence?. This study is using qualitative approaching and the type of the study is case study. The data analysis collection is done by participatory observation, unstructured interviews, and documentation. The data analysis technique uses 3 steps from Miles and Huberman, namely data reduction, data display, and verification. To check the data validity, the researcher uses extending observation time, increasing preseverance, triangulating and checking the colleagues. The results of this study are, 1) The reason of Indonesian Solidarity Party (PSI) declines the polygami since they assumed that polygami same as domestic violence which involves pshycological distraction, physical violence, and social distraction, 2) In the National Regulation, it should be emphasized that regeneration and sexuality are not the one of the marriage purpose whereas there is a main of marriage purposes, that is affection, in order that the National Regulation of Marriage should be more dynamic, responsive, and high adaptability on the gender equality situation.Keyword: Poligamy, KDRT, Psi(Partai Solidaritas Indonesia), Hukum Positif,   Hukumislam
DISPARITAS PUTUSAN HAKIM PENGADILAN AGAMA KABUPATEN MALANG TENTANG PEMBERIAN IZIN POLIGAMI (ANALISIS PERKARA NOMOR 3534/Pdt.G/2020/PA.Kab.Mlg dengan PERKARA NOMOR 0402/Pdt.G/2020/PA.Kab.Mlg) Devi Juni Wardani; Dzulfikar Rodafi; Syamsu Madyan
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

Religious Courts are judicial institutions that have products in the form of decisions and decisions. The decision is the result of deliberation by the panel of judges to decide a dispute case or there are two parties in dispute. For a decision, it is a decision issued by the judge as well, but there is no party to the dispute. Polygamy is included in a decision because there are disputing parties or problems. In this case, what are the guidelines or reasons used by judges in deciding cases, especially in cases of polygamy. Deciding a case does not necessarily just look at the lawsuit, but during the trial process, starting from case examination, prosecuting and proceeding to proceeding with the case. The examination of such cases can lead to disparities in judges' decisions. This disparity is what makes a decision different in terms of verdicts. By looking at how the evidence and witnesses are presented. So with this the judge can decide cases fairly and provide benefits to the parties. In accordance with the requirements of the decision, namely keeping away from harm and can provide legal benefits and certainty for justice seekers. Kata Kunci: Religious Courts, Decision, Polygamy, Disparity
IMPLEMENTASI TAJDIDUN NIKAH PADA MASYARAKAT MADURA (STUDI KASUS DI KUA KECAMATAN AMBUNTEN) Syaiful Hidayat; Khoirul Asfiyak; 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

Astrack: Marriage is a contract or bond to justify the sexual relations between men and women in order to realize happiness in a family life that is overwhelmed with a sense of peace and compassion in a way diridhai Allah SWT. With the onset of the marriage contract a connection between a man and woman is legally established and on each shoulder lies responsibility that must be carried out honestly, Islam gives instructions and various provisions to the husband as the head of the family regarding his obligations that must be fulfilled and in responsible. This study uses a qualitative descriptive qualitative approach, namely a study that describes and describes a problem. The researcher tried to explain and describe the implementation of Tajdidun Nikah in Tamba Agung Timur Village, Ambunten District, Sumenep Regency. This type of research is a case study or field study. Case research is an in-depth study of a particular unit, the results of which research provides a broad and in-depth description of a particular unit. Look at and see the fact that the texts (Al-Qur'an and Hadith) are relatively limited while the problems that arise in the community are relatively unlimited even tend to be complex and complicated, then look for special texts (direct text) to solve all problems directly (one by one) ), both to require, forbid, or justify, will feel illogical and unworthy and are considered burdensome with something heavy and even impossible. Changes that occur in the community now, if compared to the situation in the past have been very different, mainly because there is a paradigm shift, so it is necessary to form a method that is in accordance with the new paradigm currently in use. Based on the results of the research and discussion can be summarized as follows: First, the results of the study show that there are two categories of causes of repeated marriage. First, it is caused by lack of harmony and the legal requirements for a marriage. In the Case of Finding a Good Date, Guardian Nasab, and in the case of Separate Beds. A legitimate marriage is a marriage that fulfills all pillars and conditions. Conversely, a marriage that does not fulfill harmony and conditions, the marriage is not valid. Secondly, it was caused by wanting to complete the Population Administration. Marriage repetition that occurred in KUA Ambunten Sub-district was carried out because it would cause benefits for married couples, if the marriage repetition did not occur then the harm would arise, and would have a negative effect on both partners.
FENOMENA NIKAH SIRRI DITENGAH MASYARAKAT: STUDI KASUS DI DESA SEKOTONG TENGAH KECAMATAN SEKOTONG LOMBOK BARAT Sulsi Suparwadin Anwar; Ahmad Subekti; Humaidi Adi Kahari
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

Sirri marriage is a legally valid marriage because it fulfills the pillars and conditions of marriage. However, because there is no written evidence in the form of a marriage certificate, it is still illegal under state law. The implementation of sirri marriages will have an impact in the future in their marital affairs in the form of child custody, property rights in the event of divorce in the future. Covering the area that the author will examine, the middle Sekotong village, Sekotong sub-district, West Lombok, there are still many marriages that are carried out in a sirri. The actions taken by the people of the village of Sekotong Tengah, Sekotong sub-district, West Lombok, must be based on the factors that cause them to carry out sirri marriages. The results of the study show that: (1) The implementation of sirri marriage is carried out according to the customs that apply in sekotong Tengah. Some of the Facts and Reasons for Sirri Marriage in Indonesian people's lives, are reality, the reasons ranging from the high cost of registering marriages to personal reasons that must be kept secret. The wedding will be held as usual, inviting many people from relatives to neighbors. The event is carried out the same as a wedding in general, except that it is not registered with the KUA. (2) The factors that cause unregistered marriages, there are many reasons why the marriage was carried out, namely: Because it was an application. To save costs and avoid administrative procedures that are considered cumbersome. Because the future wife is already pregnant out of wedlock. One of the bride and groom is not old enough to get married through KUA. (3) the impact of sirri marriage is: for the wife, it is not legal in the eyes of the law, automatically will not be able to get an inheritance from her husband and cannot also sue her husband because he is not given a living. For his son, his father's name could not be written on the birth certificate, and others would doubt if he had a real father. As for her husband, he will feel free in the eyes of the law, because there are no dependents on his wife and children.
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
ZONA MERAH PERNIKAHAN DINI DI MUSIM PANDEMI (Sebuah Studi Kasus di Malang Raya) Ahmad Subekti; Ulil Fauziyah
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

Penanganan dari maraknya pernikahan dini di Malang Raya pada masa pandemi yaitu dengan cegah cerai dini dengan cara membekali kursus pranikah kepada calon pasangan suami istri, khususnya pembekalan mental agar pernikahan tidak mudah pecah walapun diterpa masalah. Berdasarkan uraian-uraian masalah di atas maka penelitian ini berfokus pada pernikahan dini yang sedang marak terjadi di Malang Raya khususnya pada masa pandemi covid-19. penelitian ini didasarkan pada jenis penelitian lapangan (Field Reseach) yaitu penelitian tentang pernikahan dini yang mengalami peningkatan baik di Kota Malang atau Kabupaten Malang saat masa pandemi covid-19. Dengan menggunakan metode kualitatif yang dilaksanakan secara deskriptif analitis dengan menganalisis data-data Informan terdiri dari praktisi Pengadilan Agama Kota Malang, pengadilan Agama Kab. Malang serta keluarga pelaku pernikahan dini. Hasil penelitian Dalam menentukan sesorang diperbolehkannya melakukan perkawinan, ahli fiqih berbeda pendapat dalam hal syarat baligh. Menurut Imam Maliki dan Syafi’i mensyaratkan adanya aqil baligh bagi laki- laki dan perempuan dalam melaksanakan perkawinan, sedangkan menurut menurut Imam Hanafi tidak ada syarat baligh dalam perkawinan karena adanya hak ijbar. Sedangkan undang- undang perkawinan di Indonesia mensyaratkan batas minimum usia pernikahan adalah 19 tahun untuk calon mempelai laki- laki dan perempuan, meskipun pernikahan merupakan masalah pribadi yang mana seharusnya tidak perlu adanya campur tangan dari pemerintah, namun untuk menghindari pertambahan penduduk yang tidak terkontrol dan kestabilan sosial, maka pemerintah berhak untuk membuat peraturan yang berkaitan dengan masalah ini.Kata kunci: Pernikahan dini, Pandemic covid-19
PERNIKAHAN DI BAWAH UMUR DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM PERDATA (STUDI KASIS MASYARAKAT SASAK DESA LABUAN TERENG LOMBOK BARAT) Khairillah Khairillah; Ibnu Jazari; Ach. Faisol
Jurnal Hikmatina Vol 1, No 2 (2019): JURNAL HIKMATINA
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Underage marriage is not a new phenomenon, but what must be considered and observed in conducting a marriage like this is that the marriage will form a harmonious household or it will only end in things that are not desirable, because marriage is a relationship that must be fostered seriously and mental maturity and mental and physical readiness both in terms of cyclical and psychological in order to form a harmonious household. In Law number 1 of 1974 concerning marriage, it is explained that the minimum age of 19 years old men and women have reached the age of 16 years old may be married, the minimum age limit for a person to hold a marriage is regulated because to have marriage must have readiness and soul mature body so that the achievement of household harmony as the goal of marriage is the formation of an eternal family. In general, underage marriage does not go well and does not achieve household harmony because in addition to mentally and physically from a cyclical and psychological perspective that is not ready, it is also unprepared to bear the burden of the household and not ready to become parents, due to disharmony the ladder finally the marriage that has been built does not last long or ends with divorce, as happened in the Labuan Tereng Village community whose average marriage because it is not enough according to the Law ends in divorce, even though the marriage is valid according to the Islamic religion , mumayyiz, can be responsible and harmonious and the legal requirements for marriage are fulfilled, but the impact of the marriage also needs to be considered for the good of both parties. Therefore this study aims to find out underage marriage laws, the factors behind the occurrence of underage marriage, and the impact of underage marriages that occur in the Sasak community of Labuan Tereng Village.Kata Kunci: Pernikahan dibawah umur pada masyarakat sasak Desa Labuan Tereng, 
PRAKTEK MAHAR DALAM PERNIKAHAN MASYARAKAT ADAT DI KECAMATAN BINONGKO BAHASA UMBEDA-UMBEDA, KABUPATEN WAKATOBI, PROVINSI SULAWESI TENGGARA La Ode Muhammad Fadhly Defanny; Khoirul Asyfiyak; Nur Hasan
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

The determination used by the customary community of the Binongko sub-district of Umbeda-Umbeda language, Wakatobi district, Southeast Sulawesi province in determining the temonea (dowry), and the Islamic law perspective regarding the determination of the temonea (dowry) in the marriage of the indigenous people of the Umbeda-Umbeda language Binongko sub-district, Wakatobi district, Southeast Sulawesi province, the background of this problem is the difference in determining the amount of dowry in the marriage of the people of the Binongko sub-district of Umbeda-Umbeda language. The approach used in this research is descriptive qualitative research and uses anthropological and sociological approaches, in collecting data the researcher uses interview and observation techniques, and to check the validity of the data the researcher uses data triangulation and source triangulation from the results of the study the researchers found that The practice of dowry in the traditional marriage of the Binongko people of Umbea-umbeda language is by looking at the status of a prospective bride
“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 

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