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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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STUDI KOMPARATIF PANDANGAN IMAM AL-GHOZALI DAN IBNU HAZM TENTANG ‘AZL Hamdani Romdon; Ibnu Jazari; Humaidi Kurniawati
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

Islam is the religion that the majority of the population embraces the state of Indonesia, not only religion of worship, but also as a social system. Islamic law is very global in meet human needs and concerns. Islam too consider family planning issues factually and affectionate and has sponsored human plans invarious individual and social affairs, including the birth plana child.Al-Ghazali who adheres to the Islamic teachings of the Shafi'iyah madhhab in his book Ihya' 'Ulumuddin mentions that 'azl can be done without the consent of the wife. In addition to basing his argument on the hadith of the Prophet, Imam Al-Ghazali also discussed this issue from various aspects, especially from the biological aspect and the economic aspect.Unlike the case with Imam Ibn Hazm, most of his opinions are contrary to the Ulama'. Ibn Hazm who adheres to the Islamic teachings of the Zahiri school strongly opposes the implementation of the practice of 'azl on the grounds of "covered infanticide". With this statement, Imam Ibn Hazm strictly forbids the implementation of the practice of 'azl. 
ANALISIS PROGRAM BIMBINGAN PERKAWINAN DALAM MEWUJUDKAN KELUARGA SAKINAH STUDI KASUS DI KUA LOWOKWARU KOTA MALANG Maulidiyah Wati; Ahmad Subekti; Ibnu Jazari
Jurnal Hikmatina Vol 1, No 2 (2019): JURNAL HIKMATINA
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

In marriage, of course, all of them have desires in their marriage with the creation of a family of sakinah, mawaddah, warahmah. In the context of realizing a marriage that is sakinah, mawaddah, wa rahmah, the ministry of religion in the Director General Guidance of Islamic Community Guidance number 379 of 2018 concerning the implementation guidelines for premarital marriage guidance for brides and grooms, it is recommended that every KUA give guidance to prospective bride and groom with basic knowledge about marriage . To achieve the objectives stated above this research was conducted with a type of qualitative research. With the procedure carried out using the method of observation, interviews, and documentation. In this study to reach the sakinah family arranged in the Marriage Guidance Program which is to prepare the family sakinah, build relationships in the family, meet family needs, maintain reproductive health, prepare a quality generation. In the implementation there are also several things that can hamper the smooth running of the program, namely in terms of infrastructure, participants in marriage guidance, funding, summons or promulgation of marital guidance participants. This shows that there are still things that have not been done so well even though they have been well implemented. Kata Kunci: Program Bimbingan Perkawinan, Keluarga, Keluarga Sakinah 
STRATEGI PENGHULU DALAM RANGKA MEMBENTUK KELUARGA SAKINAH MAWADDAH WARAHMAH MELALUI KHUTBAH NIKAH (STUDI KASUS DI KUA LOWOKWARU)STRATEGI PENGHULU DALAM RANGKA MEMBENTUK KELUARGA SAKINAH MAWADDAH WARAHMAH MELALUI KHUTBAH NIKAH (STUDI KASUS DI KUA LOWOKWARU) Meylinda Rosyidah; Khoirul Asfiyak; Dzulfikar Rodafi
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

Generally, the marriagee sermon only provides advice to the bride and groom and the people present to achieve the goal of forming a sakinah mawaddah warahmah family. This study aims to describe the strategy used by the head of the KUA Lowokwaru Malang to distribute knowledge in building a sakinah family through marriage sermons and describe the inhibiting and supporting factors in delivering the marriage sermon. This research used a qualitative approach. The type of research was a case study whose respondents were through data collection such as observation, interviews, and documentation. This study indicates that the strategy of the head of KUA Lowokwaru Malang in forming a sakinah family is through marriage guidance, routine counseling by BP4, and the sakinah heritage program through interpersonal communication strategies and the use of good language. Supported by the penghulu's knowledge in delivering the marriage sermon. Moreover, the inhibiting factors are the personality of the different penghulu and constraints on the number of marriages. The conclusion of this study is to look at the condition of human resources at KUA Lowokwaru. It is necessary to hold a more in-depth briefing and add more professional human resources to implement the sakinah family coaching program.Keywords: Strategy, sakinah family, marriage sermon
TINJAUAN DALIL ‘URF TERHADAP MITOS LARANGAN PERKAWINAN ANTAR DUKUH (Studi Kasus di Dukuh Banyu Urip dan Dukuh Batokan Kab. Tulungagung) Binti Maratus Solichah; Khoirul Asyfiyak; Dzulfikar Rodafi
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 writing of this research is based on the background of Javanese traditional traditions in terms of the prohibition of inter-hamlet marriages that occur in the Banyu Urip hamlet and the Batokan hamlet of Tulungagung Regency. Local people believe that if you violate it, you will get misfortune or disaster that will hit your family. This prohibition tradition is not listed in the Qur'an or Hadith. The focus of the research problem focuses on how to respond, the process of socializing the inheritance of myths and a review of Islamic law. In this case, the researcher used purposive sampling technique to collect informants, in-depth interview data collection techniques and documentation, then checked using condensation, presentation, analysis and verification techniques. The results of the study indicate that the tradition of prohibiting inter-marriage including superstition with 3 perspectives there are those who believe and obey, doubt but obey and do not believe in the existence and rules of tradition. Furthermore, socialization is formed through the process of externalization, objectivation and internalization. Finally, in terms of the argument of 'urf, the tradition is classified as 'urf sahih because it has fulfilled the conditions that make 'urf still enforced.
URGENSI KAFAAH DALAM PERNIKAHAN MENURUT MASYARAKAT DESA BUMIAJI KECAMATAN BUMIAJI KOTA BATU Qurrota A’yunnisa; Ibnu Jazari; 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

Married couples must be able to actualize them in building household harmony, so that the goals of a successful marriage, mawaddah, wahrahah can be achieved. In order to form and create a family of faith, mawaddah, wa rahmah, scholars recommend that there be balance, unity, equality (there is an element of kafa'ah) between the prospective husband and wife. Each man has his own way and purpose, so the Messenger of Allah limits him in four factors: wealth, children, beauty, and religion. In this study, researchers used unstructured or free interview techniques with the aim of finding more in-depth information about the urgency of kafa'ah according to the people of Bumiaji Village, Bumiaji District, Batu City. Kafa'ah in marriage to the people of Bumiaji Village Batu urgency showed an interest in something in determining an action. In this case, the urgency of the kafa'ah in Bumiaji Village has only been achieved in terms of its people's wealth, education, and work alone, in terms of religion, it still cannot be fully achieved or only a small part has already been effected'. If there is a lack of trust that leads to divorce, the Bumiaji village government can only help with mediation and the rest are administratively handed back to each spouse and family.Keyword: kafa’ah, marriage
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.
PROBLEMATIKA DAN UPAYA HAKIM MEDIATOR DALAM MENDAMAIKAN PERKARA PECERAIAN DI PENGADILAN AGAMA KOTA MALANG (Studi Kasus di Pengadilan Agama Kota Malang 2019) Budiman Sanusi; Azhar Haq; 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

AbstractThis research is intended to study the process and implementation of mediation in the Malang City Religious Court. The subject of the debate from this research is what problems are faced by the judge in seeking peace towards the parties and what efforts are made by the judges in the Malang City Religious Court starting from the problems raised by research seeking research under several sub-examples namely : 1) What is the process of conducting mediation in the Malang City Religious Court? (2) What are the problems of the judge in conducting the mediation of divorce cases in the Malang City Religious Court without success? (3) Doing mediator judge efforts in conducting mediation in Malang City Religious Court?In accordance with the above title, this study is included in the category of field research (field research). While the nature of this research is descriptive-analytic, namely describing the discussion material coming from various sources for later analysis carefully in order to obtain results as a result of the study. The license used is juridical based on the applicable laws in Indonesia (positive law). In analyzing the data obtained using qualitative data analysis, after the data collected were analyzed using the deduction method, namely by using the process obtained from general truth.Based on observations during the Malang City Religious Court, in reconciling the parties to be reconciled until now it has been running omtimal because there are other problems such as, problems that need to be by the mediator Judge as for the number of mediators in the Malang Religious Court as many as 23 people and the number of cases approved by the panel of judges per day totaling 50 or more cases a day if one month reaches 1,500 cases then it is certainly difficult for the mediating judge to maximize fully mediated cases, and issues related to the negotiating parties first and are reconciled by their respective parents so the mediator is rather difficult to reconcile the two sides.Key Words: Mediation, Mediator, Role of Judges
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)
BATAS USIA PERKAWINAN DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF Nur Hikmah; Ach Faisol; Dzulfikar Rodafi
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               Marriage is a way to validate the bond between men and women in a sacred bond so that they become a husband and wife. The purpose of marriage as stated in the Marriage Law article 1, paragraph 1, is to form a family or household that is endangered and based on a Godhead. In deciding a marriage. It is not a benchmark if you are ready and able to get married. Age is one of the material requirements for a marriage, a material requirement is a condition that is related to the core or principle in a marriage in general. Regarding the age limit of marriage, in positive law refers to the Marriage Law article 7 paragraph 1 of 1974 which was later revised and became Marriage Law No. 16 of 2019. Then in Islamic law there is no argument in the Koran or Hadith that states how many restrictions marriage age. This then causes the scholars to give different interpretations of the age limit of marriage. Keywords : Marriage, Minimum age,  

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