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ANALISIS STATUS HUKUM ISTRI DAN ANAK SETELAH PENOLAKAN ISBAT CERAI: STUDI KASUS PENGADILAN AGAMA KUNINGAN NO. 1461/PDT.G/2022/PA.KNG Hidayat, Yayat; Rumaisah, Rima
El 'Ailaah Vol 3 No 2 (2024): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v3i2.246

The matter of isbat divorce or better known as isbat marriage cumulation divorce lawsuit whose application was not accepted, is a very important issue to be discussed. Because in Islamic law marriage registration is not a condition for the validity of the marriage, whereas in positive law it is included in the conditions for the validity of the marriage. Failure to accept the divorce law will have an impact on the status of the wife, especially the children resulting from the marriage. The bad consequence of not accepting the divorce law is that both the wife and children will find it difficult to obtain the rights they should receive, such as maintenance rights, hadhanah rights and other rights. The aim of this research is to find out the judge's considerations in the case of the application for a divorce order not being accepted in the ruling of the Kuningan Religious Court No.1461/Pdt.G/2022/PA.Kng. Then analyze how the status of the wife and children as a result of the divorce application being rejected is reviewed according to Islamic law and positive law. This research uses qualitative methods and the type of research used by the author is a combined type of research, because the author combines library data with field data. The data collection technique carried out by the author uses documentation data collection techniques. The data analysis technique used by the author is descriptive analysis technique. The results of this research include: first, the judge's considerations in case number 1461/Pdt.G/2022/PA.Kng were not accepted, based on the judge's considerations in general, Law No. 5 of 2009, article 9 of Law No. 1 of 1974, Article 42 KHI, and Law No. 3 of 2006 which was strengthened by the failure to register the marriage of the defendant and plaintiff at the KUA. Second, based on a review of the positive law that applies in Indonesia, namely article 9 of Law No. 1 of 1989, article 9 of Law No. 1 of 1974, Article 2 paragraph 1 of the Marriage Law, the status of women who marry in an unregistered marriage is not considered a legal wife, nor are children who born from this marriage has the status of an illegitimate child as well. Third, based on a review of Islamic law, in cases where the marriage isbat is not granted, it does not affect the validity of the marriage that has been carried out, and the divorce process by means of khuluk or contested divorce can still be pursued and has sharia legal consequences related to it. Divorce creates a new status, for the wife changes to a woman who is no longer married or a widow, while the status of the child remains a legitimate child, because he was born from a valid marriage according to Islamic law.

HAK WARIS ISTRI PEMBERI NAFKAH DALAM MAQASHID SYARI’AH: STUDI KASUS DI DESA ANCARAN Mualim, Mualim; Ulviyah, Silvi Maryam
El 'Ailaah Vol 3 No 2 (2024): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v3i2.249

In reality, due to various factors including economic demands, it is often found that there is a family or household, not only the husband earns a living, but the wife also participates in earning a living to support his family as a female worker. There are even households where the wife works and is fully the breadwinner of the family while the husband is not working. This research also aims to determine the inheritance rights of wife primary breadwinner from husband who does not work in the provisions of the distribution of community inheritance in Ancaran Village. Kuningan Sub District, Kuningan Regency. The research method used is a qualitative method. This research includes the type of field research. Data collection techniques used are interviews and documentation. The research found that First that in practice women workers who being wife primary breadwinner for. the husbands who does not work in Ancaran Village were still gaining inheritance rights from their husbands which was being inherited from their husbands’ ancestry. However, the amount of inheritance was varied among families. There is a wife who inherits the entire property left by her husband in the form of a house, and there is also a wife who inherits half of the property left by her husband because the husband has more than one wife. Second, according to Maqasid shari'ah, that the distribution of inheritance carried out by the people of Ancaran Village, Kuningan Sub District, Kuningan Regency to wives who being primary breadwinner for husbands who do not work is permissible in which the wife remains entitled to receive inheritance from the assets of her husband if there is approval from the family.

PERBANDINGAN HUKUM ISLAM DAN POSITIF DALAM PENETAPAN NAFKAH PASCA CERAI: STUDI KASUS PENGADILAN AGAMA KUNINGAN Syafi'i, Alfan; Febriyanti, Tisya
El 'Ailaah Vol 3 No 2 (2024): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v3i2.250

In determining the nominal post-divorce living, there was disagreement between the applicant and the respondent. So, the judge decides using his considerations in deciding the case. This research aims to determine the considerations of the Kuningan Religious Court judges in deciding case no. 0119/Pdt.G/2020/PA.Kng concerning the nominal amount of living as a result of divorce due to a disagreement between the applicant and the respondent and to analyze the conformity of the Kuningan Religious Court judge in deciding case No. 0119/Pdt.G/2020/PA.Kng regarding the nominal amount of living as a result of divorce due to a disagreement between the applicant and the respondent. The research method used by researchers is qualitative research using this type of data, namely data obtained from field research (field research). Then the data collection technique is by conducting interviews and documentation. Based on the research that has been carried out, it can be concluded that the considerations that the judge used in deciding case No.0119/Pdt.G/2020/PA.Kng were by looking at the ability, feasibility and claim. Moreover, the view of Islamic law and the law of positive considerations that judges use in deciding case No. 0119/Pdt.G/PA.Kng is in accordance with Islamic law and applicable positive law, as explained in the Al-Qur'an and the Compilation of Islamic Law (KHI). There are similarities between the basis of Islamic law and the basis of positive law used by judges, which have been explained in terms of both legal bases.

TINJAUAN MAQASHID SYARI'AH TERHADAP FATWA PENGHARAMAN NIKAH SIRRI OLEH PCNU CIREBON Eka; Sofiyah, Siti
El 'Ailaah Vol 3 No 2 (2024): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v3i2.251

The prohibition of unregistered marriage is the formulation of Bahtsul Masail Fatwa of the PCNU Cirebon District. According to the Bahtsul Masail Nahdlatul Ulama Institute (LBMNU), unregistered marriages are marriages that occur without any notification and registration at the Religious Affairs Office (KUA) and it occurs because there is a problem. This research aims to find out the contents of the fatwa formulating the prohibition of unregistered marriages and to find out the Maqosid Sharia review of the fatwa prohibiting unregistered marriages in the Bahtsul Masail of PCNU Cirebon Regency. This research uses qualitative research methods, with the type of field research. There are two types of data sources in this research, namely primary data and secondary data as supporting data. Then, this research uses two types of data collection techniques, namely semi-structured interviews and documentation. The results of this research, based on the results of the Bahtsul Masail of PCNU Cirebon Regency, state that unregistered marriages are prohibited based on the reasons of the parents/guardians who disapprove the marriage, economics, not being old enough, pregnancy out of wedlock, unclear status of divorce, difficulty in polygamy regulations and contract marriage. Then, the fatwa on the prohibition of unregistered marriages based on a review of Maqosid Sharia is that the marriage that is not in accordance with the principles of Maqosid Sharia Hifzh al-Din (protecting religion), namely the issue of the marriage guardian's disagreement. Then, there are economic issues and not being old enough, if someone continues to carry out the marriage according to the rules then it is valid, and this is in accordance with the Maqosid Sharia principles of Hifzh al-Din (protecting religion), Hifzhal-Nasl (protecting offspring) and Hifzh al-Nafs (protecting soul/honor). Then the issue of pregnancy out of wedlock, if the marriage is by the aim of getting protection from the state, then it is in accordance with Hifzh al-Din (protecting religion), hifzh al-Nafs (protecting soul/honor), and hifzh al-Nasl (protecting offspring). Then, the issue of the difficulty of polygamy regulations is in accordance with the Maqosid Sharia principles of Hifzh al-Nasl (protecting offspring) for children, Hifzh al-Mal (protecting assets) for living and Hifzh al-Nafs (protecting the soul/honor) for one's wife. And the last one is a contract marriage. Contract marriage is not permitted because it is not in accordance with the Maqosid Sharia principles of Hifzh al-Din (protecting religion), Hifzh al-Nasl (protecting offspring), and Hifzh al-Nafs (protecting soul/honor).

TINJAUAN MAQASHID SYARI'AH TERHADAP AKAD NIKAH ONLINE Murniati; Sholihah, Firda
El 'Ailaah Vol 3 No 2 (2024): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v3i2.252

The validity of a marriage depends on fulfilling the terms and conditions of marriage. In the implementation of online marriage contracts, there are differences in the fulfillment of the pillars and conditions of the marriage, such as not gathering the bride and groom, the guardian of the marriage, and two witnesses in one place when the consent or marriage contract takes place, which has become a topic of discussion among ulama and legal experts. The reason is, there is still a lot of debate regarding this law. From the phenomenon of implementing online marriage contracts, questions arise regarding how online marriage contracts are carried out and how maqashid sharia reviews the implementation of online marriage contracts. This research aims to analyze how the online marriage contract is implemented and analyze the maqashid sharia review of the implementation of the online marriage contract. This research uses qualitative methods with the type of library research. The data collection technique used is documentation. From the results of this research, the author found that the implementation of the online marriage contract fulfilled the pillars and requirements of marriage. Apart from that, marriage contracts carried out online are also in accordance with maqashid sharia in terms of hifdz ad-din because it protects people from adultery which can damage honor, hifdz an-nafs because it protects the soul from things that threaten safety due to the Covid-19 pandemic and udzur one of the bride and groom, as well as hifdz an-nasl because marriage will produce offspring who can maintain continuity between generations. The implementation of an online marriage contract is legally permissible if it meets the pillars and requirements of marriage and meets the maqashid of sharia.

ANALISIS STATUS HUKUM ISTRI DAN ANAK SETELAH PENOLAKAN ISBAT CERAI: STUDI KASUS PENGADILAN AGAMA KUNINGAN NO. 1461/PDT.G/2022/PA.KNG Hidayat, Yayat; Rumaisah, Rima
El 'Ailaah Vol 3 No 2 (2024): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v3i2.246

The matter of isbat divorce or better known as isbat marriage cumulation divorce lawsuit whose application was not accepted, is a very important issue to be discussed. Because in Islamic law marriage registration is not a condition for the validity of the marriage, whereas in positive law it is included in the conditions for the validity of the marriage. Failure to accept the divorce law will have an impact on the status of the wife, especially the children resulting from the marriage. The bad consequence of not accepting the divorce law is that both the wife and children will find it difficult to obtain the rights they should receive, such as maintenance rights, hadhanah rights and other rights. The aim of this research is to find out the judge's considerations in the case of the application for a divorce order not being accepted in the ruling of the Kuningan Religious Court No.1461/Pdt.G/2022/PA.Kng. Then analyze how the status of the wife and children as a result of the divorce application being rejected is reviewed according to Islamic law and positive law. This research uses qualitative methods and the type of research used by the author is a combined type of research, because the author combines library data with field data. The data collection technique carried out by the author uses documentation data collection techniques. The data analysis technique used by the author is descriptive analysis technique. The results of this research include: first, the judge's considerations in case number 1461/Pdt.G/2022/PA.Kng were not accepted, based on the judge's considerations in general, Law No. 5 of 2009, article 9 of Law No. 1 of 1974, Article 42 KHI, and Law No. 3 of 2006 which was strengthened by the failure to register the marriage of the defendant and plaintiff at the KUA. Second, based on a review of the positive law that applies in Indonesia, namely article 9 of Law No. 1 of 1989, article 9 of Law No. 1 of 1974, Article 2 paragraph 1 of the Marriage Law, the status of women who marry in an unregistered marriage is not considered a legal wife, nor are children who born from this marriage has the status of an illegitimate child as well. Third, based on a review of Islamic law, in cases where the marriage isbat is not granted, it does not affect the validity of the marriage that has been carried out, and the divorce process by means of khuluk or contested divorce can still be pursued and has sharia legal consequences related to it. Divorce creates a new status, for the wife changes to a woman who is no longer married or a widow, while the status of the child remains a legitimate child, because he was born from a valid marriage according to Islamic law.

HAK WARIS ISTRI PEMBERI NAFKAH DALAM MAQASHID SYARI’AH: STUDI KASUS DI DESA ANCARAN Mualim, Mualim; Ulviyah, Silvi Maryam
El 'Ailaah Vol 3 No 2 (2024): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v3i2.249

In reality, due to various factors including economic demands, it is often found that there is a family or household, not only the husband earns a living, but the wife also participates in earning a living to support his family as a female worker. There are even households where the wife works and is fully the breadwinner of the family while the husband is not working. This research also aims to determine the inheritance rights of wife primary breadwinner from husband who does not work in the provisions of the distribution of community inheritance in Ancaran Village. Kuningan Sub District, Kuningan Regency. The research method used is a qualitative method. This research includes the type of field research. Data collection techniques used are interviews and documentation. The research found that First that in practice women workers who being wife primary breadwinner for. the husbands who does not work in Ancaran Village were still gaining inheritance rights from their husbands which was being inherited from their husbands’ ancestry. However, the amount of inheritance was varied among families. There is a wife who inherits the entire property left by her husband in the form of a house, and there is also a wife who inherits half of the property left by her husband because the husband has more than one wife. Second, according to Maqasid shari'ah, that the distribution of inheritance carried out by the people of Ancaran Village, Kuningan Sub District, Kuningan Regency to wives who being primary breadwinner for husbands who do not work is permissible in which the wife remains entitled to receive inheritance from the assets of her husband if there is approval from the family.

PERBANDINGAN HUKUM ISLAM DAN POSITIF DALAM PENETAPAN NAFKAH PASCA CERAI: STUDI KASUS PENGADILAN AGAMA KUNINGAN Syafi'i, Alfan; Febriyanti, Tisya
El 'Ailaah Vol 3 No 2 (2024): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v3i2.250

In determining the nominal post-divorce living, there was disagreement between the applicant and the respondent. So, the judge decides using his considerations in deciding the case. This research aims to determine the considerations of the Kuningan Religious Court judges in deciding case no. 0119/Pdt.G/2020/PA.Kng concerning the nominal amount of living as a result of divorce due to a disagreement between the applicant and the respondent and to analyze the conformity of the Kuningan Religious Court judge in deciding case No. 0119/Pdt.G/2020/PA.Kng regarding the nominal amount of living as a result of divorce due to a disagreement between the applicant and the respondent. The research method used by researchers is qualitative research using this type of data, namely data obtained from field research (field research). Then the data collection technique is by conducting interviews and documentation. Based on the research that has been carried out, it can be concluded that the considerations that the judge used in deciding case No.0119/Pdt.G/2020/PA.Kng were by looking at the ability, feasibility and claim. Moreover, the view of Islamic law and the law of positive considerations that judges use in deciding case No. 0119/Pdt.G/PA.Kng is in accordance with Islamic law and applicable positive law, as explained in the Al-Qur'an and the Compilation of Islamic Law (KHI). There are similarities between the basis of Islamic law and the basis of positive law used by judges, which have been explained in terms of both legal bases.

TINJAUAN MAQASHID SYARI'AH TERHADAP FATWA PENGHARAMAN NIKAH SIRRI OLEH PCNU CIREBON Eka; Sofiyah, Siti
El 'Ailaah Vol 3 No 2 (2024): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v3i2.251

The prohibition of unregistered marriage is the formulation of Bahtsul Masail Fatwa of the PCNU Cirebon District. According to the Bahtsul Masail Nahdlatul Ulama Institute (LBMNU), unregistered marriages are marriages that occur without any notification and registration at the Religious Affairs Office (KUA) and it occurs because there is a problem. This research aims to find out the contents of the fatwa formulating the prohibition of unregistered marriages and to find out the Maqosid Sharia review of the fatwa prohibiting unregistered marriages in the Bahtsul Masail of PCNU Cirebon Regency. This research uses qualitative research methods, with the type of field research. There are two types of data sources in this research, namely primary data and secondary data as supporting data. Then, this research uses two types of data collection techniques, namely semi-structured interviews and documentation. The results of this research, based on the results of the Bahtsul Masail of PCNU Cirebon Regency, state that unregistered marriages are prohibited based on the reasons of the parents/guardians who disapprove the marriage, economics, not being old enough, pregnancy out of wedlock, unclear status of divorce, difficulty in polygamy regulations and contract marriage. Then, the fatwa on the prohibition of unregistered marriages based on a review of Maqosid Sharia is that the marriage that is not in accordance with the principles of Maqosid Sharia Hifzh al-Din (protecting religion), namely the issue of the marriage guardian's disagreement. Then, there are economic issues and not being old enough, if someone continues to carry out the marriage according to the rules then it is valid, and this is in accordance with the Maqosid Sharia principles of Hifzh al-Din (protecting religion), Hifzhal-Nasl (protecting offspring) and Hifzh al-Nafs (protecting soul/honor). Then the issue of pregnancy out of wedlock, if the marriage is by the aim of getting protection from the state, then it is in accordance with Hifzh al-Din (protecting religion), hifzh al-Nafs (protecting soul/honor), and hifzh al-Nasl (protecting offspring). Then, the issue of the difficulty of polygamy regulations is in accordance with the Maqosid Sharia principles of Hifzh al-Nasl (protecting offspring) for children, Hifzh al-Mal (protecting assets) for living and Hifzh al-Nafs (protecting the soul/honor) for one's wife. And the last one is a contract marriage. Contract marriage is not permitted because it is not in accordance with the Maqosid Sharia principles of Hifzh al-Din (protecting religion), Hifzh al-Nasl (protecting offspring), and Hifzh al-Nafs (protecting soul/honor).

TINJAUAN MAQASHID SYARI'AH TERHADAP AKAD NIKAH ONLINE Murniati; Sholihah, Firda
El 'Ailaah Vol 3 No 2 (2024): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v3i2.252

The validity of a marriage depends on fulfilling the terms and conditions of marriage. In the implementation of online marriage contracts, there are differences in the fulfillment of the pillars and conditions of the marriage, such as not gathering the bride and groom, the guardian of the marriage, and two witnesses in one place when the consent or marriage contract takes place, which has become a topic of discussion among ulama and legal experts. The reason is, there is still a lot of debate regarding this law. From the phenomenon of implementing online marriage contracts, questions arise regarding how online marriage contracts are carried out and how maqashid sharia reviews the implementation of online marriage contracts. This research aims to analyze how the online marriage contract is implemented and analyze the maqashid sharia review of the implementation of the online marriage contract. This research uses qualitative methods with the type of library research. The data collection technique used is documentation. From the results of this research, the author found that the implementation of the online marriage contract fulfilled the pillars and requirements of marriage. Apart from that, marriage contracts carried out online are also in accordance with maqashid sharia in terms of hifdz ad-din because it protects people from adultery which can damage honor, hifdz an-nafs because it protects the soul from things that threaten safety due to the Covid-19 pandemic and udzur one of the bride and groom, as well as hifdz an-nasl because marriage will produce offspring who can maintain continuity between generations. The implementation of an online marriage contract is legally permissible if it meets the pillars and requirements of marriage and meets the maqashid of sharia.

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Contact Name
Eka Eka

Contact Email
mailkueka@gmail.com

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+6285323427690

Journal Mail Official
info@stishusnulkhotimah.ac.id

Editorial Address
Desa Maniskidul Kecamatan Jalaksana Kabupaten Kuningan Jawa Barat Telp. 0232-8617988

Location
Kab. kuningan,

Jawa barat

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Eka Eka

Contact Email mailkueka@gmail.com

Phone +6285323427690

Journal Mail Official info@stishusnulkhotimah.ac.id

Editorial Address Desa Maniskidul Kecamatan Jalaksana Kabupaten Kuningan Jawa Barat Telp. 0232-8617988

Location Kab. kuningan, Jawa barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Eka Eka

Contact Email
mailkueka@gmail.com

Phone
+6285323427690

Journal Mail Official
info@stishusnulkhotimah.ac.id

Editorial Address
Desa Maniskidul Kecamatan Jalaksana Kabupaten Kuningan Jawa Barat Telp. 0232-8617988

Location
Kab. kuningan,

Jawa barat

INDONESIA