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Contact Name
Moh. Eko Nasrulloh
Contact Email
eko.nasrulloh@unisma.ac.id
Phone
+6281334447073
Journal Mail Official
hikmatina.hki@gmail.com
Editorial Address
Jl. Mayjen. Haryono No. 193 Malang 65144 » Tel / fax : (0341) 580 547 /
Location
Kota malang,
Jawa timur
INDONESIA
Jurna Ilmiah Hukum Keluarga Islam
ISSN : -     EISSN : 26558831     DOI : 10.33474
Core Subject : Religion, Social,
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
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
DISPARITAS PUTUSAN HAKIM TENTANG DISPENSASI KAWIN PERKARA NOMOR 1484/PDT.P/2020/PA.KAB.MLG DAN PERKARA NOMOR 1172/PDT.P/2020/PA.KAB.MLG (STUDI KASUS DI PENGADILAN AGAMA KABUPATEN MALANG KELAS 1A)
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

This research is used to analyze two problems: first, how disparity of judges decision of marriage dispensation especially in case Number 1484/Pdt.P/2020/PA.Kab.Mlg  and case Number 1172/Pdt.P/2020/PA.Kab.Mlg. Second,what is being judge’s basic consideration for fulfill marriage dispensation especially in case Number 1484/Pdt.P/2020/PA.Kab.Mlg. This research is use qualitative approach with make use of interview method and documentation. The result of this research is show that : First, disparity of judge’s decision can happen purely because of the thought and the judge’s decision . Second, judge’s basic consideration for fulfill  marriage dispensation is The Law Number 16 Year 2019 about Change of Law Number 1 Year 1974 about Marriage and Law Number 3 Year 2006 about Change of Law Number 7 Year 1989 About religious court. Furthermore, The judge is see the applicant effort for come to religious court, fulfill the requirements that required and marry of his child accordance with the applicable constitution. 
HAK WARIS ANAK DI lUAR NIKAH PERSPEKTIF HUKUM ISlAM DAN HUKUM POSITIF Lena Ananda; Dwi Ari Kurniawati; Moh Muslim
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            In essence, children born out of wedlock usual ly get the nickname of adultery or illegitimate chilldren. and thus can cause psychological disturbances against the child, although legally the child also has legal consequences from the actions carried out by both parents. But there are some problems for people who are pregnant outnofgwedlocknincluding the termination of nasab for the child to his biological father and the termination of the inheritancenofochildrennbornkoutnof wedlock. with regard to children outside ofnmarriage canobenseenfromnthe position ofnchildren born out ofowedlock itself. whereas in Islamic law and positive law there is a rule that a child out of wedlock is entitled to his rights, for example his right otonin her it ufromo his biological fathernby means of his biological mother and father engaging in legal marriage according to religion and the State, there will be there is an inheritance right from his biological father in the form of compulsory testament that is equal to l/3 of his assets, and as biological father must meet the needs and rights of the child.Keywords: inheritance right of children, Islamic law, positive legal. 
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.
PERAN SPBE (SISTEM PEMERINTAHAN BERBASIS ELEKTRONIK) DALAM MENINGKATKAN PELAYANAN PERKARA DI PENGADILAN AGAMA MOJOKERTO Rivaldy Lisyardo Putera; Dzulfikar Rodafi; 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

To achieve clean, effective governance, transparent, & accountable quality public services & trustworthy is expected to be an electronic based government system. For increase the cohesiveness & efficiency of the based government system electronic is expected governance & governance system management nationally based electronics. The legal basis for this Presidential Decree is: Article 4 paragraph (1) of the 1945 Constitution. This Perpres regulates about: governance-based system governance electronic; electronic-based management system of government; audit information and communication technology; administrators of the government system electronic based; acceleration of electronic-based government systems; as well as monitoring and evaluation of electronic-based government systems.Keywords : goverment, system, electronic.
STUDI KOMPARASI KEKERASAN DALAM RUMAH TANGGA PERSPEKTIF ISLAM, PERSPEKTIF HAK ASASI MANUSIA DAN PERSPEKTIF HUKUM POSITIF INDONESIA
Jurnal Hikmatina Vol 1, No 2 (2019): JURNAL HIKMATINA
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Marriage is couple human beings who pledge to become couple lovers in accordance with Syari’at law and also the constitution.  Despite that, the purpose of marriage is to build a harmonious household in order to provide descents who can be the successors of the ideals of the nation, religion and family. To deal with this, not all marriages can achieve that goal but there are various obstacles in the midst of the trip including the lack of harmony in the household so that domestic violence physical, psychological, sexual and family including the economy appeared. Violence is an inhuman and unlawful act creating a legal impact that must be accounted both in religious law, human rights and also positive Indonesian law. By this token, this study attempts to describe the comparison of domestic violence from three perspectives namely; Islamic perspective, human rights and positive Indonesian law. Thus, the researcher is able to know from the three laws that existed. To elaborate the specific design, normative research applied in this study. In addition, normative research is research used library materials or arguably also a library research or sources coming from scientific papers, articles, journals, laws, Al-Qur'an, Hadith, opinions of legal experts and also the opinions of fiqh or legal experts competent Islam as the research materials. Keyword : Violence, KDRT, UUPKDT, Islamic Law, Human Right, Positive Law Indonesia
PENGULANGAN NIKAH DALAM ADAT MASYARAKAT JAWA PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF (Studi Kasus Di Desa Jatisari Kecamatan Tempeh Lumajang) Venny Rahmalia Silvana; Ach. Faisol; Faridatus Sa’adah
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

Marriage is a human need. Marriage becomes a more prominent symbol of one's identity. In Jatisari Village, Tempeh Lumajang District, there is a tradition of repeating marriage. This tradition gave rise to many disagreements. Researchers will solve the problems that occur in these differences with the formulation of the problem as follows: (1) What are the factors causing the repetition of marriage in Jatisari Village, Tempeh Lumajang District? (2) How is the process of repeating the tradition of marriage in Jatisari Village, Tempeh Lumajang District? (3) How is the review of Islamic law and positive law about the repetition of marriage in Jatisari Village, Tempeh Lumajang District?. Methodology in this study, researchers plunge spaciousness using a qualitative approach. This study is descriptive and uses phenomenological methods. The method of data collection comes from interviews, field records, voice recordings, and documentation. The results of this study, researchers identified two factors that affect the repetition of marriage, first because the calculation of weton that does not fit and the second ihtiyat. From the opinion of jumhur scholars of the law to repeat marriage is mubah. As a solution, the repetition of marriage in Jatisari Village, Tempeh Lumajang district should be analyzed further. Keywords: Repetition of marriage, calculation of weton, Javanese
PANDAI MEMBACA Al-QUR’AN SEBAGAI PERSYARATAN NIKAH BAGI CALON PENGANTIN PERSPEKTIF HUKUM ISLAM (STUDI TERHADAP PERATURAN DAERAH KABUPATEN MANDAILING NATAL NOMOR 5 TAHUN 2003 DAN IMPLEMENTASINYA DI KANTOR URUSAN AGAMA KECAMATAN SINUNUKAN Silfia Afriani; Ach. Faisol; Dzulfikar Rodafi
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

The research aims to describe the viewpoint of Islamic law on regional regulation number 5 of 2003 which obliges the prospective bride and groom to be good at reading the qur’an, otherwise their marriage will be canceled/postponed. The research also aims to determine of these regional regulations in the Sinunukan religious affairs office. The research is a qualitative research with the type of case study research, the main instrument in this research is the researcher himself. Data collection techniques used in this study are library research, observation, interviews and documentation, after the data is obtained, the data is analyzed using data condensation, conclusions and data verification. The results of the research show that there’s a mismatch between the requirements given by the regional regulation and the conditions set by Islamic law, but if is seen from the point of view of maslahah mursalah then the regulations may be applied. The results of research also show this since the beginning this regulation was stipulated in the religious affairs office of Sinunukan sub-district, no data was found on the number of prospective brides who were not good at reading in the Al-Qur’an.ut can be concluded that the regulations are not implemented perfectly. Kata Kunci:  Al-Qur’an, Pernikahan, Hukum Islam, Peraturan Daerah, Impleementasi.
UPAYA MENJAGA KEUTUHAN KELUARGA SAKINAH DIKALANGAN BURUH BANGUNAN PADA MASA PANDEMI COVID-19 (STUDI KASUS KELURAHAN WATES KOTA MOJOKERTO) Masruhan Zamil; Ach Faisol; Shofiatul Jannah
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

The household conditions experienced by construction workers during the pandemic are quite worrying where the opinions obtained are very minimal, plus during the current pandemic, there are various kinds of basic needs that must be met. This study aims to answer the questions: 1). How is the implementation of the family of construction workers in Wates Village, Mojokerto City in maintaining the integrity of the Sakinah family during the covid19 pandemic. 2). How to fulfill the needs of construction workers' families in the perspective of Islamic law during the covid-19 pandemic in Wates Village, Mojokerto City. The research location is in Wates Village, Mojokerto City. The approach used is qualitative with the type of case study research. The results of this study indicate that the implementation of the family of construction workers in maintaining the integrity of the sakinah family during the covid19 pandemic is able to maintain family unity even in a pandemic period, namely by mutual openness between partners in terms of financial management, as well as establishing good communication with partners, both in terms of income and conditions that occur in the household. Fulfilling the needs of families of construction workers in the perspective of Islamic law is also divided into several parts, namely: primary, secondary and tertiary needs by the head of the family, as well as the fulfillment of needs by the head of the family while working as construction workers by seeking to borrow emergency funds needed during the pandemic. Kata kunci: Sakinah Family, Construction Workers, Covid-19 Pandemic.
TRADISI PERNIKAHAN DI DEPAN MAYIT ATAS DASAR WASIAT DALAM PERSPEKTIF HUKUM ISLAM Zakiatus Safira; Ibnu Jazari; 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

Regarding the issue of marriage, of course, people always have their own customs or traditions. One of them is the tradition of marriage in front of the deceased, which is a traditional tradition of marriage that is only done in certain areas. As has been explained that the contract at this marriage is carried out near the body of one of the parents of the prospective bride and groom. As a form of final respect to parents. However, there is a lot of controversy over this tradition. With the contradiction in the implementation of the marriage in front of the deceased, presumably this tradition needs to be reexamined using principles so that the tradition can be categorized as a valid custom and its truth can be preserved, besides that it can become a reference for legal considerations and customs of the fasid that must be eliminated because its freedoms. Questions like that will be discussed in this study. This study uses the library method by utilizing library sources to obtain research data. The results of this study conclude that from the perspective of traditional Islamic law such as this is permissible, there is no deviation from this tradition while still stipulating the conditions that apply to marriage. And more importantly, because there are different traditions that are believed by some people because not all can accept the various traditions that exist in their respective circles. So it is better to respect each other for the tradition of marriage in front of the deceased and hopefully it will be of benefit to all of us. Keywords: tradition, wedding in front of mayit, testament, Islamic law

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