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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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Implementation of Wedding Party Before Marriage Contract in the Perspective of Maqasid Sharia (Case Study in Gayo Lues Regency): Pelaksanaan Walimatul ‘Urs Sebelum Akad Nikah Dalam Tinjauan Maqashid Syariah (Studi Kasus di Kabupaten Gayo Lues) Husnul, Muhammad; Maulina, Nurul
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 4 No. 2 (2024): 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.v4i2.4270

Abstract

Walimatul 'urs, or wedding feasts, as stipulated in hadith, should be conducted after the marriage contract (akad nikah) has taken place. This indicates that the marriage contract is prioritized over the walimatul 'urs. However, there are segments of society in Gayo Lues Regency that hold the walimatul 'urs prior to the marriage contract. This practice, as previously explained, contradicts the hadith. Furthermore, some scholars argue that walimatul 'urs should be conducted after the marriage contract and the consummation (dukhul) has occurred. This implies that both the marriage contract and consummation should be viewed and executed cumulatively. This study aims to examine the implementation of walimatul 'urs before the marriage contract according to Islamic law. Additionally, the analysis is conducted using a maqasid sharia approach. The research employs a qualitative method, utilizing field research. Primary data is obtained through interviews and observations conducted by the researcher. The findings indicate that the implementation of walimatul 'urs before the marriage contract contradicts the hadith, as the essence of marriage lies in the marriage contract, not in the walimatul 'urs. However, from the perspective of maqasid sharia, particularly the principle of hifzul mal (preservation of wealth), if walimatul 'urs is not prioritized, it may lead to dharar (harm). Since dharar must be eliminated, it can permit actions that are fundamentally prohibited or haram. Based on the considerations of maqasid sharia, prioritizing walimatul 'urs in this context is deemed more appropriate than prioritizing the marriage contract.
Juridical Review of Adultery Cases at the Sigli Syar’iyah Court (Case Study of Decision Number 12/JN/2024/MS.Sgi): Tinjauan Yuridis Terhadap Perkara Zina di Mahkamah Syar’iyah Sigli (Studi Putusan Nomor 12/JN/2024/MS.Sgi) Rizky, M Fathir
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 4 No. 2 (2024): 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.v4i2.5497

Abstract

Aceh as the only province in Indonesia that implements Islamic sharia law, regulates adultery through Qanun Number 6 of 2014 concerning Jinayat Law. However, in practice, this qanun still faces various weaknesses, especially related to the defendant's confession which is often considered as the main evidence. This raises questions about the validity of the confession without additional evidence. In addition, the application of jinayat procedural law has also not been fully implemented in accordance with applicable provisions. This study starts from two main problem formulations: how is the application of the defendant's confession in the Aceh Qanun Jinayat related to adultery, and how is the legal review of the implementation of decisions in adultery cases at the Sigli Syar'iyah Court based on Qanun Number 6 of 2014 and Qanun Number 7 of 2013 concerning Jinayat Procedural Law. The study uses a normative legal method with a statutory, case, and sociological approach. Primary data was obtained from an official copy of Decision Number 12/JN/2024/MS.Sgi, while secondary data includes legal literature, academic journals, qanuns, and other supporting documents. The results of the study indicate that the defendant's confession is the main evidence underlying the determination of the sentence, although this approach is prone to problems if the confession is obtained without ensuring the defendant's freedom from pressure. Community involvement in raids, which are often carried out without formal legal procedures, triggers a violation of the defendant's privacy. The destruction of evidence in the form of the defendant's cellphone is also considered less relevant because the item did not have a direct role in the crime. Therefore, an evaluation of the jinayat legal mechanism in Aceh is needed, especially in terms of evidence, community involvement, and management of evidence, to ensure a more just, humane, and consistent application with the teachings of Islam which is rahmatan lil 'alamin.
The Application of Hadhanah Rights for Muallaf Parents and Its Consequences on Child Welfare in Malaysia (An Analysis of Federal Court Decision No. 02-19-2007 (W)): Penerapan Hak Hadhanah Bagi Orang Tua Muallaf dan Konsekuensinya Terhadap Kesejahteraan Anak di Malaysia (Analisis Putusan Mahkamah Persekutuan No. 02-19-2007 (W)) Hanapi, Agustin; binti Zakri, Nur Afifah; Amalia Jihad, Azka
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 4 No. 2 (2024): 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.v4i2.5677

Abstract

There is a discrepancy between Malaysia's positive law which stipulates that the right to hadhanah (custody) of a child must be given to Muslim parents, and the court ruling that gives non-Muslim mothers the authority to take care of the child. Therefore, there needs to be a deep understanding of how the decision contributes to the best interests of the child and the protection of the child. This article aims to analyze the implementation of hadhanah rights for parents of converts in Islamic family law in Malaysia. This study uses qualitative methods and normative legal approaches, focusing on the Federal Court decision No. 02-19-2007 (W) on the right of hadhanah for parents of converts in Malaysia. Data sources include laws, judges' decisions, and legal literature. Data were collected through literature studies and analyzed inductively. The results of the study show that the Federal Court's decision emphasizes the importance of mutual consent in decision-making related to custody, where the welfare of the child is the top priority. The decision underlines that child protection should include various aspects, such as collaborative custody, emotional well-being, appropriate religious education, and protection from negative influences. Thus, this research contributes to the development of Islamic family law and emphasizes the importance of child protection in the legal system.
Strategies for Protection and Recovery of Domestic Violence Victims: Analysis of Rumah Putro's Role for Women and Children: Perlindungan dan Pemulihan Korban KDRT: Analisis Peran Rumah Putro terhadap Perempuan dan Anak Abdullah, Muslem
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 4 No. 2 (2024): 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.v4i2.5726

Abstract

This study examines the protection and recovery strategies for victims of domestic violence (KDRT) at Rumah Putro Banda Aceh, which serves as a center for data, services, empowerment, and cross-sector coordination. Its primary goal is to achieve gender equality and justice by optimizing referral services and protection mechanisms for women and children victims of physical and psychological abuse. The main challenge faced is the lack of standardization of Rumah Putro as a safe house for KDRT victims. This research employs qualitative methods with a field approach to understand and investigate community issues in a naturalistic manner. The findings reveal that Rumah Putro has made various efforts to prevent domestic violence in Aceh. In carrying out its functions, Rumah Putro collaborates with hospitals for medical needs and with the psychology association at Ar-Raniry State Islamic University Banda Aceh for the psychological, mental, and trauma recovery of victims. The forms of protection provided by Rumah Putro include: 1) Provision of temporary shelters or safe houses; 2) Legal assistance; and 3) Psychological recovery. This study provides a comprehensive overview of the effectiveness of the protection and recovery efforts conducted by Rumah Putro and identifies obstacles and potential improvements that can be implemented to enhance services for women and children victims of domestic violence.
The Effect of Rejection of Itsbat Nikah on Inheritance (Study of Judges' Legal Considerations Number: 124/Pdt.G/2023/MS.Bna): Pengaruh Penolakan Itsbat Nikah Pada Kewarisan (Studi Terhadap Pertimbangan Hukum Hakim Nomor: 124/Pdt.G/2023/MS.Bna) Najla, Siti; Abubakar, Ali; Sri Wahyuni, Yenny
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 4 No. 2 (2024): 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.v4i2.5976

Abstract

This research aims to explain judges' legal considerations from the perspective of procedural and substantive justice. This is because the decision 124/Pdt.G/2023/MS.Bna, which was a case where the application for a marriage registration was rejected and caused problems with the purpose of the marriage ceremony, thus affecting the position of the parties before and after the decision. In this research the author used qualitative research methods and a normative juridical approach, namely by examining the judge's decisions (content analysis). The judge's legal considerations are analyzed using the theory of justice (procedural and substantive) and compared with several other decisions. The results of the research show that the decision of the Banda Aceh Syar'iyah Court which was based on the provisions of the Compilation of Islamic Law resulted in everyone having the right to become heirs except the applicant, whereas if it was based on the provisions of fiqh the applicant had the right to become an heir because the applicant's marriage was valid in harmony and according to the requirements of Islamic law. . In considering decision 124/Pdt.G/2023/MS.Bna the judge sided with the nature of procedural justice only and ignored substantive justice, resulting in formal justice which was only guided by the law. If the judge uses extra-legal considerations and substantive justice, the itsbat application is very worthy of being accepted.
The Nasab of A Corpse to Its Mother in the Practice of Talkin in Keudah-Malaysia and Aceh-Indonesia: Nasab Mayat Kepada Ibunya Dalam Praktik Talkin Di Keudah-Malaysia Dan Aceh-Indonesia Yahya, Faisal; Bin Faiz, Muhammad Faiyadh; Wahyuni, Sri
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 4 No. 2 (2024): 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.v4i2.6020

Abstract

Talking to the corpse is a tradition that has been practiced for a long time in Islamic society in the archipelago, the form of implementation is very diverse. The naming of the corpse in the practice of talking to the mother is different from the lineagein fiqh which is generally referred to the father. The use of pronunciation is also different, the Kedah Malaysian community carries out talking using Malay, while the Acehnese community in Indonesia uses Arabic. This study answers the background of the differences in the use of the talkin phrase in Kedah-Malaysia and Aceh-Indonesia and the reference basis used. Answering this objective, interviews were conducted with several religious figures and observations were made on the talkin activities and relevant documents were reviewed. After obtaining qualitative data, the data were then compared using comparative analysis. The results of the study found that the process of implementing talking between Kedah-Malaysia and Aceh-Indonesia was almost the same, but in the use of the talkin phrase by the Kedah-Malaysian community using Malay which was adopted from the hadith narrated by al-Ṭabrānī in a visible way as their reference. Meanwhile, in Aceh-Indonesia, they practice the reading of talkin the corpse in the History of al-Ṭabrānī, but in narrating the corpse using the concept of lineage in fiqh because the aim is to make it easier. Ulama Keudah Malaysia and Aceh admit that narrating the corpse to the mother in the practice of talkin is more important than to the father.
Postponement of Pregnancy through Implant Contraceptives in View of the Theory of Maslahah Mursalah (Case Study in Bubon Sub-district, West Aceh District): Penundaan Kehamilan Melalui Alat Kontrasepsi Jenis Implan Ditinjau Dari Teori Maslahah Mursalah (Studi Kasus di Kecamatan Bubon, Kabupaten Aceh Barat) Khairani, Khairani; Sholihin, Riadhus; Faizah, Ade
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 1 (2021): 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.v1i1.1613

Abstract

Family planning (KB) among Muslims reap the pros and cons regarding its legal status. Family planning is synonymous with limiting the number of children. Actually, family planning is not limited to this definition, but includes family planning, including one of which is delaying pregnancy by using an implant type of contraception. The formulation of the problem from this research is what factors influence the people of Bubon District, West Aceh Regency, who are less interested in implanted contraceptives and how to use implants in terms of Maslahah Mursalah's theory. This research is a field research. Types and sources of data, namely primary data and secondary data. This research was conducted using a juridical sociological approach. The data collected was studied through descriptive analysis method. The results of the research analysis indicate that the factors that influence the people of Bubon District, West Aceh Regency, are less interested in implanted contraceptives because of lack of knowledge, lack of social support, and age. Delaying pregnancy using implant-type contraceptives contains benefits or goodness. According to Islamic law, postponing pregnancy using contraception is permissible, meaning delaying pregnancy which means preventing pregnancy temporarily to give space to previous births. Whereas limiting pregnancy has the meaning of preventing pregnancy forever after having a certain number of children, it is not allowed.
Efforts of the Office of Religious Affairs in Minimising Marriage through Wild Kadi (Case Study in North Singkil District, Aceh Singkil Regency): Upaya Kantor Urusan Agama Dalam Meminimalisir Nikah Melalui Kadi Liar (Studi Kasus di Kecamatan Singkil Utara Kabupaten Aceh Singkil) Daud, Mohd. Kalam; Eriyanti, Nahara; Ikhwana, Nani
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 1 (2021): 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.v1i1.1614

Abstract

In Indonesia, the procedure made for the Islamic community is that the marriage must be officially registered with the competent authority and published in accordance with the Marriage Law Number 1 of 1974 and must meet the requirements and pillars so that the marriage is valid. However, some people in North Singkil District still carry out their marriages that are not officially registered and the marriages are carried out through a guardian judge who is not appointed by the Minister of Religion or an official appointed by him, who is known in the community as a wild qadi. The formulation of the problem in this study is why people marry through illegal qadi, what are the obstacles and efforts of the North Singkil Religious Affairs Office in minimizing marriage through illegal qadi. In this study the authors use field research (field research). Based on the results of the study, the reasons why the people of North Singkil married through illegal qadi were because they were pregnant out of wedlock, avoiding administrative procedures, because of dishonest intentions, lack of education and understanding about marriage, and not old enough. The obstacles faced by KUA in minimizing marriages through cadiliar are: the lack of public awareness and understanding of the law, the absence of a firm sanction for those who marry through illegal qadi, and there are still many clerics who are willing to marry off on the grounds of avoiding adultery without registering their marriages with the KUA. The efforts made by the North Singkil KUA are to disseminate information to the public about the importance of registered marriages, conduct counseling on the registration of marriages and happy families through Islamic religious educators., as well as providing an explanation of marital problems at the time of the marriage ceremony.
The Concept of Hadhanah from the Perspective of the Syafi'i Mazhab and Its Implementation in the Decision of the Syar'iyah Court of Banda Aceh City Number 314/Pdt G/2017/MS Bna: Konsep Hadhanah Perspektif Mazhab Syafi'i dan Implementasinya dalam Putusan Mahkamah Syar'iyah Kota Banda Aceh Nomor 314/Pdt G/2017/MS Bna A. Gani, Burhanuddin; Mughnia, Aja
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 1 (2021): 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.v1i1.1615

Abstract

One of the themes of Islamic family law is haḍānah. In the Shafi'i school, the right of haḍānah is assigned to the mother. However, if they do not meet the qualifications and requirements for parenting, they are transferred to their maternal grandmother, paternal grandmother, mother's sister, maternal aunt, daughter of mother's brother, daughter of mother's sister, paternal aunt, and father. However, in the decision of MS Banda Aceh No. 314/Pdt.G/2017/Ms.Bna, the right of haḍānah is actually given to the father, when the mother does not have the qualifications to raise children. For this reason, the problem of this research is what is the basis for the consideration of the judges of the Banda Aceh Syar'iyah Court in deciding the haḍānah lawsuit Number 314/Pdt.G/2017/MS.Bna, and how the implementation of the haḍānah concept in the Syafi'i school is seen based on the Decision of the Sharia Court  Banda Aceh Number 314/Pdt.G/2017/MS.Bna. This research is included in library research and qualitative approach, with the type of descriptive-analysis. The results of the study indicate that the basis for the consideration of the MS Banda Aceh panel of judges refers to legal facts and witness statements. The panel of judges considered that the child's life was more secure and the benefit of the child was given to the defendant (father) rather than the plaintiff (mother). The implementation of the concept of aḍānah in the decision is not in accordance with the provisions of the order of hadhanah rights in the Shafi'i school. In the Shafi'i school, if the mother does not meet the qualifications for the hadhanah right, then it turns to her maternal grandmother, paternal grandmother, mother's sister, maternal aunt, daughter of mother's brother, daughter of mother's sister, aunt from the father's side. After that, it was given to my father. While in the decision, hadhanah rights are given to the father after the mother does not meet the requirements hadhanah.
Marriage Cancellation Caused by Falsification of Identity (Analysis of the Decision of the Syar'iyah Court of Banda Aceh City Number 99/Pdt.G/2019/MS.Bna): Pembatalan Perkawinan Disebabkan Pemalsuan Identitas (Analisis Putusan Mahkamah Syar’iya Kota Banda Aceh Nomor 99/Pdt.G/2019/MS.Bna) Aziz, Nasaiy; Achyar, Gamal; Sari Dewi, Bela
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 1 (2021): 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.v1i1.1616

Abstract

Based on the Compilation of Islamic Law in chapter 70, the decision of the marriage cord can also be made possible by marriage or by means of annulment of marriage, where the cancellation of marriage is caused by a violation or prohibition of marriage, while the prohibition to show damage, or something that is prohibited such as not meeting the requirements and pillars of marriage in domestic harmony. One of the cases of annulment of marriages at the syar'iyah court of Banda Aceh is the case with Number: 99/Pdt.G/2019/MS.Bna. In this case the husband as the applicant submits a request for annulment of marriage because the wife as the respondent is already married and heard the news from one of the respondent's family. Prior to marriage, the applicant knew that the respondent had never been married or was a virgin. However, in the judge's decision, the defendant's request was granted. In writing this thesis, the problem is how is the decision of the Syar'iyah Court of Banda Aceh City in case number 99/Pdt.G/2019/Ms.Bna regarding the application for annulment of marriage due to identity falsification and what is the basis for the judge's consideration in the decision. What is the view of Islamic law on the decision of the judges of the Banda Aceh City Sharia Court and the basis for legal considerations in case Number 99/Pdt.G/2019/Ms.Bna regarding the application for annulment of marriage due to identity falsification. The method used is using the library research method with the field method (rleid research). The results of the study show that in the decision number: 99/Pdt.G/2019/MS.Bna. The judge accepted the application for annulment of marriage submitted by the Petitioner's husband because the wife had falsified her identity or virgin status, but after it was known by the wife's family that she had been married for one year with her ex-husband and was a widow. Based on the analysis of Islamic law on the decision of the Banda Aceh City Sharia Court in deciding case Number 99/Pdt.G/2019/Ma.Bna. regarding the annulment of marriage due to identity falsification. the decision of the Panel of Judges in accepting the decision can cause a lot of damage in the future, such as adding to suffering for both parties.

Page 11 of 13 | Total Record : 124

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