Garuda - Garba Rujukan Digital

Praktik Pemberian Nafkah Anak Hasil Pernikahan Siri di Kawahmanuk, Kabupaten Kuningan: (Suatu Tinjauan Komparatif Hukum Islam dan Hukum Positif) Syafi'i, Alfan; Dzulkifli, Diki
El 'Ailaah Vol 3 No 1 (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.v3i1.221

The livelihood of children resulting from Siri (unregistered) Marriages is a problem in the Kawahmanuk Village, Darma District, Kuningan Regency because they don't fully receive rights from their parents. The target of this research is to analyze the practice of providing livelihood for children resulting from Siri Marriages in Kawahmamnuk Village, Darma District, Kuningan Regency, Beside that, this research also object to analyze how children resulting from unregistered marriages are provided for according to Islamic law and positive law in Kawahmanuk Village, Darma District, Kuningan Regency as well as comparing Islamic law and positive law regarding the maintenance of children resulting from unregistered marriages in Kawahmanuk Village, Darma District, Kuningan Regency. The investigation method uses qualitative methods, the type of research is field research and the data collection technique used in this research is a structured interview technique. The results of this study are First, the practice of providing for children resulting from siri marriages in Kawahmanuk Village, Darma District, Kuningan Regency is the same as marriages in general, where the responsibility for providing for children resulting from siri marriages on the husband, although sometimes fully provided or insufficient. Second, according to Islamic law, the obligation to provide support for children resulting from an siri marriage in Kawahmanuk Village, Darma District, Kuningan Regency is the same as for marriages in general, where the responsibility for providing for children resulting from an siri marriage lies with the husband. Third, according to positive law, the obligation to provide support for children resulting from siri marriages in Kawahmanuk Village, Darma District, Kuningan Regency is different from marriages in general, where the marriage has no legal force, the husband does not have to be responsible for the child's support, and the child has no right to claim support. Fourth, a comparison of Islamic law and positive law regarding the maintenance of children resulting from siri marriages in Kawahmanuk Village, Darma District, Kuningan Regency, that according to Islamic law the obligation to provide support for children resulting from siri marriages is like in marriages in general, where the husband must be fully responsible for the child's maintenance, whereas according to positive law, this marriage does not abide by the law, and fathers do not have to be responsible for the maintenance of children resulting from siri marriages, and children cannot claim their rights.

Analisis Maqashid Syariah terhadap Putusan Verstek dalam Cerai Gugat pada Putusan Nomor 440/Pdt.G/2022/PA.Kng) Mukhlis Hidayat, Endang
El 'Ailaah Vol 3 No 1 (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.v3i1.222

The absence of the defendant or husband in the process of examining a divorce lawsuit case causes the judge deciding the case with a verstek decision. This research aims to produce findings in the form of considerations used by the Panel of Judges in case Number 440/Pdt.G/2022/PA and then analyze the considerations in reviewing maqashid sharia. The research method in this research is a qualitative research method with a combined type of research, namely field research and library research. Apart from that, the data collection techniques used were interviews and documentation using descriptive analysis techniques. The results of this research found that the judge's considerations in decision Number 440/Pdt.G/2022/PA.Kng included the defendant's absence from the trial, the fulfillment of the requirements to advise the plaintiff to maintain his household, the failure to carry out the mediation process, and proof of the suitability of the witness statement with the evidences presented by the plaintiff, as well as ongoing disputes between the plaintiff and the defendant so that their household cannot be reconciled. These considerations in the review of maqashid sharia are considered to have maintained benefits, eliminated harm and fulfilled maqashid sharia in 4 (four) aspects; hifdz ad-din, hifdz an-nafs, hifdz al-‘aql, hifdz al maal. Keywords: Verstek Decision, Divorce, Maqashid Sharia

Putusan dan Penetapan PA Kuningan Nomor 492/Pdt.G/2022/PA.Kng tentang Gugurnya Ikrar Talak Suami dalam Cerai Talak: Perspektif Hukum Islam dan Hukum Positif Bakri, Mukhlis
El 'Ailaah Vol 3 No 1 (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.v3i1.223

The case of the cancellation of a husband's divorce vow in a divorce talak is not a new thing, in fact this case has often happened in almost all regions in Indonesia. This happened because on the day of the hearing for the divorce pledge the applicant was not present, so that the applicant's or husband's application for the divorce pledge was invalid and did not have permanent legal force. The purpose of this research is to find out whether the judge's considerations used in deciding case Number 492/Pdt.G/2022/PA.Kng are in accordance with Islamic law and positive law or not, then analyzed using a comparative study. The research method used by the author is qualitative research by combining two types of data, namely data obtained from field research in the form of structured interviews and documentation at the Kuningan Religious Court, combined with library research data in the form of documents of decisions and determinations of judges regarding the divorce talak case. The data that the author obtained was then reduced, presented and concluded using descriptive-comparative analysis techniques. Based on the research carried out, conclusions were obtained including: 1) The basis that is the legal source used by the Judge in the process of deciding on divorce talak at the Kuningan Religious Court, namely using the Law, Het Herziene Indonesisch Reglement (HIR), and Reglement voor de Buitengewesten (RBg), as well as non-juridical considerations (Islamic Law) Judges use the Compilation of Islamic Law and Judges also include verses from the Koran. 2) The judge's consideration regarding the husband's right to give talak was in accordance with Islamic law and positive law. 3) In the comparative analysis aspect regarding the divorce vow before a judge is in accordance with positive law, but not in accordance with Islamic law. 4) The cancellation of the husband's talak status in case Number 492/Pdt.G/2022/PA.Kng was due to the husband's absence on the day of the trial for witnessing the talak vow which was in accordance with positive law but not in accordance with Islamic law, due to the consequences experienced by the husband who imposing divorce on the wife in the form of the husband's obligation to provide support for his wife and children, so that in this case it has harmed both parties for the future. Keywords: Divorce, Divorce Talak Vow, Cancellation of Husband's of Divorce Talak.

Status Anak Pasca Perceraian Nikah Siri dalam Hukum Positif dan Hukum Islam : Studi Kasus di Desa Burujukulon Kabupaten Majalengka Eka; Rahayu, Hilma
El 'Ailaah Vol 3 No 1 (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.v3i1.224

A child's status will greatly influence their future, both in terms of income, guardianship, inheritance, and so on. In positive law, children resulting from unregistered marriages, if their parents divorce, cannot claim rights because they do not have legal legal protection. Meanwhile, in Islamic law, children have rights that must be fulfilled in all aspects, even if the child is the result of a registered marriage or the result of an unregistered unregistered marriage. This research aims to determine cases regarding the status of children after divorce in unregistered marriages in Burujulkulon village, Majalengka district, and to find out the comparison/comparison of reviews of Positive Law and Islamic Law regarding this matter. The research method used by researchers is qualitative research by combining two types of data, namely data obtained from field research in the form of observations, interviews and documentation in Burujulkulon village, Majalengka district. The basis/basis of legal sources used by researchers in the comparison process is positive law from the Law, Civil Code, and Government Regulations. Meanwhile, the Islamic law used comes from the Al-Qur'an, hadith, translated books and the opinions of the jurists. The data that researchers obtained was then reduced, presented and concluded using descriptive - comparative analysis techniques. Based on the research conducted, several conclusions were obtained including: (1) The status of the child which includes four things (recognition, education, livelihood and love, and lineage), in terms of livelihood and education in case A, the child from the unregistered marriage was not getting support from the father to the child, but in terms of recognition, the father admits that the child is his son. In contrast to case B, the child resulting from the unregistered marriage received support, education and recognition from his father; (2) in terms of recognition, education, living and affection in cases A and B, both of them fulfill and are sufficient for children's rights, this shows that there is conformity between the legal regulations that have been established, namely positive law and Islamic law; (3) there are differences in cases A and B, namely differences in registering the child's birth certificate, case A only lists the mother's name, and case B lists the names of both parents. This shows that there is a discrepancy between the legal regulations that have been established, namely positive law and Islamic law in terms of the child's lineage or population status.

Putusan Hakim pada Perkara No. 177/Pdt.G/2023/Pa.Kng Dan No. 763/Pdt.G/2023/Pa.Kng Tentang Sengketa Harta Bersama Hukum Islam Dan Hukum Positif Lubis, Asmuliadi
El 'Ailaah Vol 3 No 1 (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.v3i1.225

Joint assets are assets acquired during marriage outside of gifts or inheritance. What this means is the assets obtained through the efforts of the husband and wife during the marriage before the divorce occurred. Based on the positive book that applies in Indonesia, joint property in marriage is contained in Law number 1 of 1974, whereas in Islamic law there are no regulations. The purpose of this research is to find out what the judge's decision was in joint property case No. 177/Pdt.G/2023/Pa.Kng and No. 763/Pdt.G/2023/PA.Kng, how Islamic law and positive law review the decision and to analyze the results of the comparison between Islamic law and positive law on the judge's decision in joint property case No. 177/Pdt.G/2023/Pa.Kng and No. 763/Pdt.G/2023/PA.Kng This research uses qualitative methods with a descriptive data collection approach. The type of research used is field research. The data sources used are primary and secondary data sources. The data collection techniques used were interviews and documentation. The research instruments used were interview guides and documentation formats. The data analysis technique used is qualitative data analysis. The data that the author obtained was then reduced, presented and concluded using comparative descriptive analysis techniques. The conclusion in this research is that based on the decision of the Panel of Judges it can be concluded that from the various considerations that have been made, in case No. 177/Pdt.G/2023/Pa.Kng The Hakım Council did not accept the joint property lawsuit because the lawsuit submitted could not be clearly proven regarding the status and specifications of the joint property. Meanwhile, in case No. 763/Pdt.G/2023/PA.Kng The Panel of Judges accepted the joint property lawsuit because each party had agreed to divide the joint property into two parts. Judging from Islamic law and positive law, sourced from the Al-Qur'an Surah Ah-Imran verse 159, Al-Maidah verse 1, Qaidah Fiqh "Harm must be eliminated" and the Civil Code, the decision not to accept joint property entitlement in the case No. 177/Pdt.G/2023/Pa.Kng and the decision to accept the joint property claim in case No. 763/Pdt.G/2023/PA.Kng is permitted because it is in accordance with Islamic law and positive law. Based on the comparison results, it can be concluded that the judge's decision regarding the joint property dispute in case No. 177/Pdt.G/2023/Pa.Kng and No. 763/Pdt.G/2023/PA.Kng both according to Islamic law and positive law, the decision of the Panel of Judges not to accept and accept the joint property claim is appropriate.

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.

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

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