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Program Study of Family Law of Department Faculty of Sharia and Law of the State Islamic University of Ar-Raniry Banda Aceh, Aceh, Indonesia.
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El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 28291042     EISSN : 28290666     DOI : https://www.doi.org/10.22373/hadhanah
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Focus El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law focused on Family Law and Islamic Law and present developments through the publication of articles, research reports, and book reviews. Scope El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law specializes in Family Law And Islamic Law and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines. • Family law • Inheritance law • Islamic criminal law • Islamic economy law • Islamic constitutional law • Islamic law and gender • Islamic law and society • Islamic law and politics
Arjuna Subject : Ilmu Sosial - Hukum
Articles 124 Documents
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Al-Ribhu (Profit) and Its Conditions in Islamic Fiqh: Al-Ribhu (Keuntungan) Dan Ketentuannya Dalam Fiqh Islam Yusnaidi
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 2 No. 1 (2022): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i1.1702

Abstract

Al-Ribhu (profit) is a goal that every business actor wants to achieve in carrying out economic activities. In Islam, it does not regulate certain limits on a profit that must be achieved by business actors in carrying out economic activities. Basically every economic activity in Islam is based on Islamic law, so that every economic activity carried out by every business actor cannot be separated from a halal and good process in obtaining profits. In this study, we will discuss Al-Ribhu, analyze existing definitions based on verse arguments and hadith arguments, and put forward some opinions of scholars related to Al-Ribhu in economic activities. This study also discusses the Al-Ribhu law which is in accordance with the Shari'a and the Al-Ribhu law which is not in accordance with the Shari'a in the implementation of economic activities. This study uses a normative analytical research methodology with the type of research that is library research. In Islamic law it allows every business actor to profit from every economic transaction, which of course is obtained in a lawful way, and Islamic law forbids all profits (profits) obtained through fraudulent methods and market exploitation. Shari'a does not limit profits (profits) to a certain amount but is released to market conditions, provided that market conditions are normal and there is no exploitation.
Shaking Hands with Linto Baroe and Dara Baroe in a Marriage Party According to Dayah Scholars (Case Study of Suka Makmue District, Nagan Raya Regency): Berjabat Tangan Dengan Linto Baroe Dan Dara Baroe Dalam Pesta Perkawinan Menurut Ulama Dayah (Studi Kasus Kecamatan Suka Makmue Kabupaten Nagan Raya) A. Gani, Burhanuddin; Friatna, Ida; Asnawi, Syukri
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 2 No. 2 (2022): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i2.1734

Abstract

There are problems related to shaking hands during weddings in Suka Makmue District, Nagan Raya Regency, carried out by people who deviate from the Qur'an, Hadith and cleric opinions, namely people think shaking hands at weddings with linto baroe and dara baroe is something polite and civilized. Even though the scholars agree that shaking hands with non-mahrams is haram. The problems to be investigated in this study are first, how to shake hands between guests and brides linto baroe and dara baroe which was carried out in Suka Makmue sub-district, Nagan Raya district, secondly, how are the views of dayah scholars on the practice of shaking hands between guests with linto baroe and dara baroe at wedding party. This research uses a case study approach, which produces descriptive data in the form of written or spoken words from the people observed. Field research includes interviews and documentation obtained from the community and cleric in Suka Makmue sub-district. From the results of the study, the procession of shaking hands with guests has two processes, namely, firstly, the linto or dara baroe meets the guest to shake hands and the second the guest shakes hands with the bride and groom when the intat linto/dara baroe process is completed by approaching the bride and groom while giving gifts. The results of the study second, the fourth view of the dayah scholars regarding shaking hands with non-mahram guests has several opinions where the legal issue of shaking hands with non-mahram directly is haram, except for small children or the elderly who do not have the potential to cause negative effects (desire and lust). slander). The law of shaking hands between the opposite sex and non-mahram by using gloves or a legal cover (permissible) as long as it does not have the potential to cause lust and slander.
The Legislative Role of Women in the Formation of Qanun in DPRA 2014-2019 Period Review from an Islamic Perspective: Peran Legislatif Perempuan Dalam Pembentukan Qanun Di DPRA Periode 2014-2019 Tinjauan Dari Perspektif Islam Abdullah, Arifin
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 2 No. 1 (2022): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i1.1739

Abstract

Role is participation in activities both in the institution and in the community. One of the roles and positions of women in the DPRA is in the process of forming Qanun. Qanun is a legal product made by the DPRA together with the governor of Aceh which is regulated in Law no. 11 of 2006 concerning the Government of Aceh. In this case, the formulation of the problem is how the role of women during the sultaniah period until now and how the position of women as long as the woman was involved in the formation with a review of Islamic law. The purpose of this research is to find out and examine how the role of women in the formation of Qanun in the DPRA during their tenure as members of the legislature is to find out the obstacles and opportunities faced by female politicians in forming the Qanun. The author conducts qualitative research using an empirical normative approach, namely legal research regarding the application of normative legal provisions (codification, laws or contracts) in action on every particular legal event that occurs in society. Sources of data taken by the author, through primary data sources and secondary data. The primary data source is through field research, namely by conducting interviews with members of the DPRA. Meanwhile, secondary data sources are through library research, namely documents and lists of related reading books. The results of the research carried out by the author are that the role of women in the process of forming the qanun is only as a member who proposes, gives opinions and critiques, it is rare for a woman to be the chairman when drafting the qanun, in Islam women are only as input providers who decide, namely Rasulullah as in the Hudaibiyah agreement.
Identifying the Meaning of Kafa'ah in Marriage (Analysis of the Views of Community Leaders of Gampong Lada, Mutiara Timur Subdistrict, Pidie Regency): Identifikasi Makna Kafa’ah Dalam Perkawinan (Analisis Pandangan Tokoh Masyarakat Gampong Lada Kecamatan Mutiara Timur Kabupaten Pidie) Aziz, Nasaiy; Burmawi, Burmawi
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 2 No. 2 (2022): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i2.1782

Abstract

Kafa'ah is one of the important things in marriage, this is intended to produce harmony in the household so that it can be nurtured and the creation of a happy and harmonious household. Islam provides guidelines for choosing a partner based on four important criteria, namely religion, wealth, descent, and beauty. The different views were expressed by community leaders in Gampong Lada Village, namely expanding the meaning of kafa'ah in marriage by adding educational, position and job criteria in interpreting the meaning of kafa'ah. The problem in this thesis is how the meaning and criteria of kafa'ah in marriage and how the community leaders of Gampong Lada interpret kafa'ah and its criteria in marriage. The type of research used by the author in compiling this thesis is descriptive qualitative research. The results of this study indicate that the community leaders of Gampong Lada Village are very understanding about the meaning of kafa'ah in marriage, because the community leaders of Gampong Lada are very knowledgeable about religious knowledge. Gampong Lada community leaders interpret kafa'ah as equality, equivalence, and harmony between the prospective groom and the prospective bride when they want to get married. And the community leaders of Gampong Lada are of the view that for now the aspects of property, education, work, and position are very relevant in terms of kafa'ah, but even so, community leaders in Gampong Lada Village, Mutiara Timur District, and Pidie Regency do not rule out the religious aspect of the kafa issue. At this point, the community leaders of Gampong Pepper view that the religious aspect as the most important aspect of the meaning of kafa'ah in marriage.
The Effectiveness of the Implementation of the Mobile Session in the Case of Isbat Nikah (Case Study at Takengon Syar'iyah Court Class IB): Efektivitas Pelaksanaan Sidang Keliling Dalam Perkara Isbat Nikah (Studi Kasus Pada Mahkamah Syar’iyah Takengon Kelas IB) Sarwani, Novita
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 2 No. 2 (2022): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i2.1808

Abstract

Isbat marriage is the ratification of marriage for the Muslim community which is carried out by the Religious Court/Syar'iyah Court in accordance with applicable regulations and isbat marriage is also an effort by the government for people who do not have a marriage certificate, so that they can re-establish their marriage. One of the annual programs from the government in this matter is the implementation of the marriage isbat circuit court program carried out by the Syar'iyah Court of Takengon Class IB. Based on the data received from the Takengon Syar'iyah Court and the Office of Religious Affairs (KUA) of Linge District regarding the isbat of marriage, there are still people who do not have a Marriage Certificate. Therefore, the problem of this thesis is how to carry out a mobile trial in the Isbat Marriage case at the Syar'iyah Court of Takengon Class IB, how is the effectiveness of the implementation of the circuit court in the Isbat Marriage case at the Syar'iyah Court of Takengon Class IB. The methods used in this paper are field research, library research using data collection techniques such as observation, interviews, and documentation conducted at the Syar'iyah Court of Takengon Class IB. The results of this study are the process of carrying out the trial in the settlement of isbat marriage cases through a mobile court held by the Syar'iyah Court of Takengon Class IB in Linge District in Central Aceh in the trial process there is no difference with the trial process at the court office starting from the procedures, the execution is the same. It only differs in the place where the trial is held. The results showed that based on the explanation of the theory of legal effectiveness, there were several theories that had not been fulfilled, so that the implementation of the circuit court in the isbat marriage case had not been effective.
The Impact of Delayed Inheritance Distribution in the Sub-district of Jantho City, Aceh Besar District: Dampak Penundaan Pembagian Harta Warisan Di Kecamatan Kota Jantho Kabupaten Aceh Besar M Jakfar, Tarmizi; Achyar, Gamal; Dinda Farina Rizqy
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 2 No. 2 (2022): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i2.1835

Abstract

Inheritance is a science that studies the process or method of transferring the heirs' (deceased) property to their heirs and how much each heir gets. As is known, inheritance is an asset that is distributed after the owner dies. Inheritance is one of the problems that is very influential in everyday life; if the inheritance cannot be shared among families, there will be quarrels between families. The questions in this thesis are the reasons for the delay in the distribution of inheritance in the Jantho District, Aceh Besar District, the impact of the delay in the distribution of inheritance in the Jantho City District, Aceh Besar District, and a review of Islamic law delaying the distribution of inheritance in the Jantho District, Aceh Besar District. In this research, the author uses field research methods and library research methods using interview techniques. The results of the study The reasons behind the delay in the distribution of inheritance in the District of Jantho City, Aceh Besar Regency, are three, namely: the agreement of the heirs to delay the distribution of the inheritance; the heirs are still small or have not been able to manage the inheritance; and discussing the inheritance after the heir dies. Death is considered taboo by some people. The reasons behind the delay in the distribution of inheritance in the Kota Jantho sub-district, Aceh Besar district, are as follows: the breakdown of friendship between the heirs; the change in the status of the inheritance to private land; and the occurrence of disputes between families. In Islamic law, delaying the distribution of inheritance is not recommended; however, the postponement may be done for certain reasons or with syar'i udzur and with the approval of other heirs. However, if the delay in the distribution of inheritance is carried out for years, it will certainly cause problems in the future.
'Urf Marriage of Gampong Padang Residents in Setia Bakti District, Aceh Jaya Regency: 'Urf Pernikahan Warga Gampong Padang di Kecamatan Setia Bakti Kabupaten Aceh Jaya Rahmayani, Rahmayani; karim, Ihdi; Eriyanti, Nahara
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 2 No. 2 (2022): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i2.1848

Abstract

There are often various customs of marriage customs in society. From these marriage habits, some are not contrary to Sharia but there are also the opposite. For this the customs/customs of marriage need to be traced using the review of 'urf, so that it is thus identified whether it belongs to 'urf shahih or 'urf fasid. From that, this study formulated two problems, including how the marriage habits carried out by a small number of Gampong Padang residents and what 'urf reviews these marriage habits are. To answer these two formulations, the author uses a library research method with several approaches, namely the case approach, legislation, and the 'urf theory approach. The result obtained from this study is that there is a small percentage of Gampong Padang residents who hand over the fate of their marriage to someone who is held under the name waled / walidi. After collecting several waled people then determined a mate against them. After the arranged marriage proceeds to the stage around sawa mountain, to the tomb of ureung malem for the ritual summoning of ancestral spirits and sirri marriage. Based on these data, researchers categorize the marriage habit into two forms of 'urf, namely shahih and fasid. What is included in the urf shahih is the arranged marriage and marriage of sirri, the arranged marriage is done voluntarily and so is the sirri marriage carried out according to the marriage. Meanwhile, what is included in the 'urf fasid is to surround the sawa mountain and to the tomb of the mountain malem for ancestral spirit summoning rituals, because it contains shirk and adultery. It should not be a custom that is fasid because a concept of custom can be done if it does not conflict with the syara'.
Legal Protection of Workers with a Fixed Time Work Agreement at Indomaret Bireuen Branch Based on Law Number 11 of 2020 Concerning Job Creation: Perlindungan Hukum Terhadap Pekerja Dengan Perjanjian Kerja Waktu Tertentu Di Indomaret Cabang Bireuen Berdasarkan Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta kerja Soraya, Ade
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 3 No. 1 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v3i1.2353

Abstract

A Fixed Time Work Agreement is a work agreement between a worker or laborer and an entrepreneur to enter into a working relationship for a certain time or for a certain job. Specific Time Work Agreements are based on a certain period of time or the completion of a specific job in occordance with a work agreement. The article on specific time work agreements is governed by Article 59 of Law No. 11 of 2020 on job creation. The Indomaret Bireuen branch company, which is engaged in franchising, must comply with and implement the provisions contained in Law Number 11 of 2020 concerning Job Creation. This study aims to determine the forms of legal protection for workers with work agreements for a certain time or contract workers at the Indomaret Bireuen branch and to find out the factors that become obstacles to the implementation of legal protection for workers or labor at the Indomaret Bireuen branch. The method used in this research is empirical juridical research, which is an approach that refers to written regulations to observe their implementation through field research. The results of this study state that legal protection for workers with work agreements for a certain time at the Indomaret Bireuen branch can be said to be in accordance with applicable regulations. However, there are still several forms of legal protection that have not been fully implemented, such as those for workers who still have to work beyond their normal working hours. There are several factors that impede the implementation of legal protection for workers/laborers, including a lack of legal awareness on the part of employers or companies and workers, and factors related to work agreements.
Fasakh Nikah Due to Disease in the Islamic Family Law of Perak Malaysia: Fasakh Nikah Karena Penyakit Dalam Hukum Keluarga Islam Perak Malaysia Abdul Muthalib, Salman
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 3 No. 1 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v3i1.2614

Abstract

Scholars of Islamic jurisprudence have formulated several types of diseases that can be used to get a marriage thrown out. This topic has also been included in the Perak Islamic Family Law to regulate family life for its people. With the advancement of medical science, some of the diseases highlighted by scholars in the past have been found to be curable, while new types of diseases have emerged that pose a threat to the affected person and may affect the provisions of the Perak Family Law. Therefore, the Islamic law applied should be in line with the current developments of the time. This study examines several types of diseases in the Perak Family Law that can allow someone to file for divorce and whether these diseases are still relevant given current medical advancements. The results show that the diseases mentioned in Perak family law can no longer be used as a valid reason for the annulment of a marriage because they can be cured. This is in line with the principles of Islamic jurisprudence, which say that if the grounds for annulment have been eliminated, then the ruling should also be eliminated.
The Validity of Reconciliation Without Witnesses at The Religious Affairs Office: Keabsahan Rujuk Tanpa Saksi Di Kantor Urusan Agama Mukdin, Khairani; Izzati, Rahmil; Syuhada, Syuhada
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 3 No. 1 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v3i1.2725

Abstract

Some factors in establishing a family can result in divorce. Islam permits a husband and wife to reconcile during the iddah period (a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry). In accordance with this requirement, a husband who wishes to reconcile with his ex-wife must go through the Religious Affairs Office (KUA) and adhere to the established protocols. However, the practice is different, as happened in the KUA of Syiah Kuala Subdistrict, Banda Aceh, which carried out the reconciliation process without witnessing. Contrarily, it is explicitly stated in The Compilation of Islamic Law (KHI) articles 163–169 that witnesses are necessary in cases involving reconciliation. According to the KUA, the process for reconciliation is that the husband who wants to get his wife back comes to the marriage registrar who oversees the neighborhood where the husband and wife reside by bringing a stipulation about the possibility of divorce and the required certificate, which is followed by reconciliation in front of the registrar and witnesses. It is not necessary for witnesses to be present. The most important aspect is that the community be aware of their reconciliation, whether or not they are present. Upon that, a reconciliation certificate is created and delivered to the religious court where the divorce occurred. They view reconciliation as a continuation of the marriage, not a new marriage contract, which explains why there are no witnesses in the process of reconciliation cases. Therefore, in the process of reconciliation, witnesses are not as crucial. KHI, however, demands a witness to the reconciliation for the purpose of benefit. The reconciliation is deemed unlawful without a witness because permanent law cannot be established. Even without witnesses, the KUA can issue a certificate of reconciliation, which is accepted by the court to consider the reconciliation valid.

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