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El 'Aailah
Published by Sekolah Tinggi Ilmu Syariah Husnul Khotimah Kuningan
ISSN : 28280113     EISSN : 28279093     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
El Aailah: Jurnal Kajian Hukum Keluarga menyajikan kajian seputar hukum keluarga dengan memuat artikel-artikel yang dihasilkan oleh mahasiswa, dosen STISHK, serta peneliti dari luar STISHK Kuningan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 60 Documents
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Mediasi dan Penyelesaian Sengketa Waris Khosyi'ah, Siah; Azhari, Ahmad
El 'Ailaah Vol 4 No 1 (2025): 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.v4i1.267

Abstract

The purpose of this study is to find out the procedures for implementing inheritance dispute resolution through mediation in Dombo Village, Sayung District, Demak Regency, to find out the role of community leaders in Dombo Village, Sayung District, Demak Regency in resolving self-help-based inheritance disputes. In this study, a qualitative research method is used, with the problem approach used is a socio-legal juridical approach (socio legal research), which is an approach to problems through legal research by looking at applicable legal norms and connecting with facts that exist in society in relation to the problems encountered in the research. Meanwhile, the data collection methods used in this study are interviews, documentation, and data analysis. The result of this research is that the settlement of inheritance disputes is resolved by Sulh, namely the settlement of disputes peacefully. The results of the dispute stated that in resolving family problems between the parties to the dispute, community leaders act as mediators or mediators who are neutral and better understand Islamic inheritance law and emphasize religious values about the importance of communication and deliberation in a conflict that occurs to prevent even greater conflicts.
Pendayagunaan Wakaf Tunai dan Dampaknya terhadap Kesejahteraan Masyarakat Matangaji, Amaludin
El 'Ailaah Vol 4 No 1 (2025): 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.v4i1.268

Abstract

This study aims to answer how the role and implementation of the waqf to increase in the public welfare. Research approach is qualitative approach explanatory. Data collection of documentation, interviews and direct observation as well as the strategy is a case study. Techniques of analysis is descriptive narrative analysis techniques and pairing pattern. The key informant was led of El-azam Boarding school and supporter informants are the recipients of empowerment. The results showed that the keys to success in the role and implementation waqf empowerment to increase social welfare is; First, the successful establishment of fund-raising by type of particular quality concept. Second, success in empowerment Cash waqf financing. Third, allocation the profit and advantage of cash waqf has a significant to increase the public welfare. The execute through money-run Waqf economical and professional management have a greater impact on the improvement of social welfare compared to waqf immovable assets.
Pendekatan Sistem dalam Hukum Islam: Perspektif Maqashid Syariah Menurut Jasser Auda Azhari, Ahmad
El 'Ailaah Vol 4 No 1 (2025): 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.v4i1.269

Abstract

Jasser Auda's thoughts began with a criticism of Usul Fiqh, namely first, Usul al-Fiqh seems textual and ignores the purpose of the text, second,. The classification of some of al-Fiqh's theories is accompanied by binary logic and dichotomies, third. The analysis of al-fiqh proposals is reductionist and atomistic, in addition to Jasser Auda also criticizes classical maqasid which is trapped in the benefit of the individual so that it is unable to answer the problems of the world that occurs, so Jasser Auda expands the scope and dimensions of classical maqasid theory in order to answer the challenges of the current era. Jasser Auda made systems theory an approach in Islamic law, and built a set of categories using 6 system features, namely cognitive nature, interrelated, wholeness, openness, multi-dimensionality and purposefulness.
Perkawinan Campuran Perspektif Undang-Undang Perkawinan di Indonesia Sunanta, Sunanta
El 'Ailaah Vol 4 No 1 (2025): 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.v4i1.270

Abstract

This study aims to find out how mixed marriage is in the review of the Marriage Law in Indonesia. This study uses a type of library study that is qualitative. The results of this study show that mixed marriage is generally the same as the implementation of ordinary (non-mixed) marriage. The stages are also the same as the marriage recorded in the KUA and special requirements for parties of different nationalities, including the permission of the embassy of the other race's home country, which makes it clear that there are no obstacles in marriage. Marriage registration is important in mixed marriages, not only as an administrative order but also as a legally binding and appropriate force.
Relasi Kehidupan Suami-Istri dalam Perspektif Al-Qur’an Saidah, Zahrotus
El 'Ailaah Vol 4 No 1 (2025): 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.v4i1.271

Abstract

This article discusses the relationship between husband and wife life in the perspective of the Qur'an with a focus on Surah An-Nisa verses 12-23. These verses provide in-depth guidance on the division of rights and duties between husband and wife, as well as the principles of justice, compassion, and mutual respect in domestic life. This research aims to explore the values contained in these verses and their relevance in building a harmonious husband-wife relationship in the modern era. With a qualitative approach, this study uses the thematic interpretation method to explore the content of Qur'anic verses comprehensively. The results of the study show that the husband-wife relationship regulated in Surah An-Nisa verses 12-23 prioritizes the principle of complementarity and balance of rights and obligations, which is relevant to be applied in today's household life.
REKONSTRUKSI PERJANJIAN PRA NIKAH DALAM PERSPEKTIF HUKUM KELUARGA ISLAM TERHADAP HUKUM POSITIF Muhammad Jawahir noor
El 'Ailaah Vol 4 No 2 (2025): Settings Vol. 4 No. 2 (2025): 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.v4i02.272

Abstract

The advancement of information technology has led to the emergence of online marriage practices using live streaming methods, particularly during the COVID-19 pandemic. However, this phenomenon raises various legal issues from both Islamic law and Indonesian positive law perspectives. This study aims to examine the validity of online marriage based on the pillars and conditions of marriage in Islamic law, as well as to analyze the national legal framework regarding registration and the legality of such marriages. Using a normative juridical method and a descriptive-qualitative approach, the study finds that while some Islamic scholars permit online marriage under certain conditions—such as clear identity verification and the unity of the contract session virtually—Indonesia’s positive law has yet to regulate this practice comprehensively and permanently. This legal gap creates uncertainty and inconsistencies in practice. Therefore, harmonization between religious norms and state law is necessary to ensure that online marriages can be conducted legally, orderly, and with adequate legal protection for all parties involved.
MAHAR PEMAHAMAN BESARAN MAHAR DALAM LITERATUR HADIS: STUDI TEMATIK DAN HISTORIS: PEMAHAMAN BESARAN MAHAR DALAM LITERATUR HADIS: STUDI TEMATIK DAN HISTORIS Nurdiansyah, Enur; Wasman, Wasman; Rarawahyuni, Ika
El 'Ailaah Vol 4 No 2 (2025): Settings Vol. 4 No. 2 (2025): 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.v4i02.279

Abstract

Dowry is a form of protection from Allah SWT towards the purity of human nature, as well as recognition of gender equality in Islamic law. Giving a dowry is a form of a man's sincerity in building a household together with a woman, and is an acknowledgment of the wife's rights in owning and managing property, as the husband has those rights. This research aims to determine the provisions at dowry levels according to the hadith of the Prophet Muhammad SAW. The research method used is qualitative library research. The dowry in Islamic law is not the price paid by the husband in a sale and purchase transaction. It is more about glorifying a man to the woman he marries. Therefore, a man who wants to get married should prepare an appropriate dowry to honor his future wife, and a woman should not make things difficult for her future husband by asking for an excessive dowry. Islam does not strictly limit the amount of dowry. The price of the dowry, whether in the form of goods or services, is up to the agreement between the prospective husband and the prospective wife. When the dowry is not mentioned or has not been agreed upon at the time of the marriage ceremony, a mitsil dowry can be determined whose amount is equal to the general one in the community where the bride lives.
Perlindungan Anak Angkat dalam Undang-Undang Nomor 23 Tahun 2002 dalam Perspektif Hifdz Al-Nasl Al-Ghazali Nasruddin, Nasruddin; Wasman, Wasman; Rofii, Ahmad; Setyawan, Edy; Fansuri, Hamzah
El 'Ailaah Vol 4 No 2 (2025): Settings Vol. 4 No. 2 (2025): 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.v4i02.303

Abstract

This study aims to analyze and explore legal protection for adopted children in the perspective of Law Number 23 of 2002 concerning Child Protection, by linking it to the hifdz al-nasl thinking according to Imam Al-Ghazali. Adoption in Indonesia is regulated by law to ensure the protection of the rights of adopted children, including the right to education, health, and inheritance. However, there are still various challenges in the implementation of adoption, such as the lack of public understanding of legitimate procedures and the existence of illegal adoption. In the context of Islamic family law, Imam Al-Ghazali's thinking on the protection of adopted children emphasizes the importance of maintaining the honor and welfare of children, although it does not change the status of their descendants. Protection of adopted children according to Al-Ghazali includes physical, social, and emotional aspects, and prioritizes the principle of hifdz al-nasl or protection of descendants. This study suggests the need for increased legal counseling and wider access to justice to improve the practice of adoption in Indonesia, as well as optimizing protection for adopted children so that they can grow up with their rights guaranteed. This study integrates the positive law approach and Islamic thought to provide a comprehensive picture of the protection of adopted children in Indonesia.
Analisis Praksis Pengangkatan Wali Hakim dalam Fikih Munakahat Madzhab Syafi’i dan Hukum Positif Eka; Amrullah, Muhammad Ikhsan
El 'Ailaah Vol 4 No 2 (2025): Settings Vol. 4 No. 2 (2025): 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.v4i02.306

Abstract

Marriage n the view of slam and the state s a sacred bond that s the foundation of the formation of the family and society. One of the mportant elements n the marriage contract s the existence of a marriage guardian, whose validity s a condition for the validity of marriage according to the majority of scholars and the state. However, n practice, t s not uncommon for cases where the guardian of the nasab s unknown, reluctant to marry without sharia reasons, or s unable to carry out his function, so the role of the guardian judge as a replacement s needed. This study aims to examine and compare the provisions for the appointment of guardian judges according to the fiqh munakahat madzhab Shafi'i and positive law. Using qualitative methods and literature review research types, this study examines the legal basics, procedures, and principles used n each legal system. The results of the study show that the two have similarities n terms of the urgency of guardian judges to maintain the validity of marriage and protect women's rights. However, there s a fundamental difference n the mechanism of mplementation: Shafi'i jurisprudence tends to be normative, and flexible, while positive law emphasizes formal procedures through state nstitutions. This study concludes that these different approaches need to be harmonized n practice so as not to cause legal doubts and to ensure protection for all parties n the mplementation of the marriage contract.
Analisis Putusan Hakim dalam Kasus Perceraian Akibat Hukuman Penjara Suami (Perspektif Maqashid Syariah) Syafitri, Nurlaili; Syafi'i, Alfan
El 'Ailaah Vol 4 No 2 (2025): Settings Vol. 4 No. 2 (2025): 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.v4i02.309

Abstract

Divorce is the dissolution of a marital bond, which results in the termination of the relationship between husband and wife. A divorce petition may be filed by both parties, whether the husband or the wife. When the wife initiates the divorce, it is referred to as cerai gugat, and when initiated by the husband, it is called cerai talak. Divorce can occur for various reasons, one of which is the husband‟s imprisonment. This study aims to examine the judgment in case Number 3539/Pdt.G/2019/PA.Sbr regarding a divorce caused by the husband's imprisonment, and to analyze this from the perspective of maqashid sharia.This research is a normative study using a qualitative method. Primary data were collected through interviews, while secondary data were gathered from documentation and various relevant literature sources. The collected data were then reduced, presented, and concluded using data analysis techniques.The results of the study show that in case Number 3539/Pdt.G/2019/PA.Sbr, concerning divorce due to the husband‟s imprisonment, the plaintiff (wife) filed for divorce at the Sumber Religious Court, Class 1A, due to frequent disputes and continuous arguments. These conflicts stemmed from the fact that the husband was a narcotics user, leading to his arrest by the Cirebon police and subsequent imprisonment.The panel of judge‟s in granting the divorce included the defendant‟s absence from the court sessions, fulfillment of the requirement to advise the plaintiff to maintain the marriage, the failure of the mediation process, corroboration of the witness statements with the evidence submitted by the plaintiff, and the ongoing disputes caused by the husband‟s drug use and imprisonment. The judge did not base the decision solely on the husband's imprisonment because his sentence was less than five years. According to Government Regulation Nomor 9 of 1974, divorce can be granted on the grounds of a spouse‟s imprisonment only if the sentence is five years or more. From the perspective of maqashid sharia, the decision of the Sumber Religious Court, Class 1A, in case Number 3539/Pdt.G/2019/PA.Sbr, is aligned with the principles of Maqashid Syariah, as it ensures the benefit of the plaintiff, particularly in terms of preserving religion (hifdz ad-din), life (hifdz an-nafs), intellect (hifdz al-„aql), and property (hifdz al-maal).

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