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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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The Validity of Ijab Kabul Pronunciation in the View of Aceh Singkil Scholars: Keabsahan Pengucapan Ijab Kabul Menurut Pandangan Ulama Aceh Singkil Nasrun, Mahdalena; Shalawati, Shalawati
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.v1i1.1617

Abstract

The pronunciation of Ijab Kabul is a phenomenon that the Aceh Singkil Ulama respond to in contradiction, so that it becomes an interesting material to be discussed according to the Aceh Singkil Ulama. The research question in this thesis is, How is the legal consent in marriage according to the views of the Aceh Singkil Ulama. And what is the legal basis used by the Aceh Singkil Ulama against the conditions for the validity of the consent and acceptance in the marriage contract. In the discussion of this thesis using (Field research). The data sources are primary data sources and secondary data sources. Based on the research results obtained show that; First, the pronunciation of Ijab Kabul is something that is easy to pronounce, not to be complicated for men and the Aceh Singkil Ulama make it easier to pronounce the Ijab Kabul for those who carry out this marriage, namely being able to use their own language (regional language), the most important thing is not to deviate from the meaning of marriage. (al-zawaj). Second, the legal basis regarding the pronunciation of consent and consent in Surah Az-Zariyat verse 49 "And we created everything in pairs so that you remember the greatness of Allah", that Allah has indeed promised in the Qur'an every creature on this earth was created. by God in pairs. And marriage is a job that is recommended for men who are able to get married so hasten to get married. And in the Qur'an it is also explained in Surah Al-Maidah verse 1 "O you who believe! Fulfill promises. Livestock is lawful for you, except what will be mentioned to you, by not making hunting lawful when you are in ihram (Hajj or Umrah). Verily, Allah sets the law according to what He wills." From the explanation above, it can be concluded that the pronunciation of marriage is something that is easy to say and a job that is recommended by Allah SWT.
Divorce Caused by Impotence According to Ibn Hazm (Analysis of the Decision of the Judge of the Syar'iyah Court of Banda Aceh City Number 434/Pdt.G/2020/Ms.Bna): Perceraian Disebabkan Impotensi Menurut Ibnu Hazm (Analisis Putusan Hakim Mahkamah Syar’iyah Kota Banda Aceh Nomor 434/Pdt.G/2020/Ms.Bna) Novianti, Novianti
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.v1i1.1618

Abstract

Divorce has its own reasons. Among them because of shiqaq, violence, and others. But in fact, divorce can be done due to shiqaq for reasons of sexual dysfunction (impotence). This study specifically analyzes the Banda Aceh Syar'iyah Court Decision Number 434/Pdt.G/2020/Ms.Bna. If we review it based on Ibn Hazm's opinion, then the decision Number 434/Pdt.G/2020/Ms.Bna is very contradictory because impotence should not be used as a reason for divorce for married couples. The purpose of this research is to know that divorce is caused by impotence according to Ibnu Hazm, and to know the decision of the Banda Aceh Syar'iyah Court Judge Number 434/Pdt.G/2020/Ms.Bna in Ibnu Hazm's perspective. This research was conducted using a normative legal approach with library research. The data collected was studied through descriptive analysis methods and comparative methods. The results of the research analysis show that: First, Ibn Hazm argues that marriage cannot be legalized because of a defect or disgrace to the husband or wife. Ibn Hazm only admits that there are only eight types of marriage that can lead to marriage. For this reason, the marriage will continue until there are other causes as a way of separation. He only accepted the Faskh if ​​the hadiths were authentic, Ibn Hazm rejected the Faskh marriage on the grounds of a defect because there is no valid evidence or text in the Al-Quran, Sunnah, Ijmak, Qiyas or logic that allows the Fasach. Second, Judge MS. Bna saw that in the household there were often quarrels and disputes because the Defendant had sexual dysfunction (impotence) which caused the Defendant to be unable to provide spiritual support to the Plaintiff as husband and wife should. The family has reconciled, but the hope of living together is no longer there. Meanwhile, Ibn Hazm's view on the case was that he did not allow the judge to facilitate or give time for the marriage, but Ibn Hazm allowed it if it was the husband who dropped the thalaq on his wife.
Management of Inheritance Assets Between Heirs (Case Study of Gampong Kayukul, Pegasing District, Central Aceh Regency): Pengelolaan Harta Warisan Antar Ahli Waris (Studi Kasus Gampong Kayukul Kecamatan Pegasing Kabupaten Aceh Tengah) Hidayah, Shofia
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 2 (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.v1i2.1619

Abstract

Inheritance is property left by the testator after death. Inheritance in Islam is regulated in inheritance law, which is the law governing the transfer of property from a deceased person to a living family. In Islam, after a person dies, the inheritance he leaves must be immediately distributed to his heirs. But in fact, along with the development of the times, many things have changed, such as the inheritance distribution system in Islam, where people take the initiative to first manage their inheritance. Based on this, the authors are interested in researching this problem with the formulation of the problem, namely how are the practices, impacts, and views of Islamic law regarding the management of inheritance between heirs that occurred in Kayukul Village, Pegasing District, Central Aceh Regency. This research is a qualitative research with field research, the approach used is a normative-sociological approach. The legal materials used are primary legal materials and secondary legal materials sourced from books, scientific works and research results in the field. Data collection techniques used are observation and interviews. The result of this research is that in Gampong Kayukul the management of inheritance between heirs is carried out by working on and managing the estate in the form of a garden together which then the results are used for daily needs. Then the management of this inheritance has a positive impact on the individual or each heir, while the negative impact comes from external. Regarding the view of Islamic law on the management of inheritance between heirs, this is something that is permissible as long as there is a prior agreement between the heirs and there is the pleasure or willingness of all heirs.
The Position of Walimatul ‘Urs in Aneuk Jamee Society from the Perspective of Maqāṣid Sharia: Kedudukan Walimatul ‘Urs Dalam Masyarakat Aneuk Jamee Dari Perspektif Maqāṣid Syariʽah Sabil, Jabbar; Amalia Jihad, Azka; Yulyana Mahendra, Cut Putri
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 2 (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.v1i2.1621

Abstract

Walimatul'urs is a recommendation in Islam. Walimatul 'urs aims as syi'ar and becomes a sunnah muakadah. In the Aneuk Jamee community, the traditional walimah has several series of customs running for seven days, thus many costs must be incurred during the implementation of this waimah. So that many people who have walimah choose to go into debt when they are going to have walimah. Walimah is considered important and has its own position for the Aneuk Jamee community. With this assumption, it is not uncommon to find that they are willing to borrow for the sake of carrying out walimah. In this study, the main problem in this study is how the practice of walimah 'urs in the aneuk jamee community and how the practice of walimatul 'urs in the aneuk jamee community from the perspective of maqāṣid shariah. The data obtained by the authors were obtained from observations and interviews with the community and related traditional leaders. From the results of the research, many of the Aneuk Jamee community carry out walimah beyond their ability, with the seven-day traditional series that costs a lot so that debt is the best way for the implementation of walimah. Walimatul 'urs in the perspective of maqāṣid shari'ah, if it is difficult then it is not in accordance with maqāid shari'ah because in the context of maintaining the inheritance of marriage it should not be forced so that debt can cause harm to debtors whose purpose is to maintain existence in the community so that it causes redundancy.
A Juridical Review of the Non-fulfilment of the Applicant's Age Prerequisite for Child Adoption (Analysis of Supreme Court Decision Number 777 K/Ag/2019): Tinjauan Yuridis Atas Tidak Terpenuhinya Prasyarat Usia Pemohon Dalam Pengangkatan Anak (Analisis Putusan Mahkamah Agung Nomor 777 K/Ag/2019) M. Yunus, Fakhrurrazi; Eriyanti, Nahara; Fathia, Izza Alta
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 2 (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.v1i2.1622

Abstract

Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption explains that the age of prospective adoptive parents is at least 30 (thirty) years old and the highest is 55 (fifty five) years. In the Determination of the Banda Aceh Syar'iyah Court Number 120/Pdt.P/2019 it is stated that a single parent who wants to adopt a child is 59 years old, which according to applicable legal provisions does not meet the requirements or has passed the age limit in the requirements for child adoption. In this case, the Banda Aceh Syar'iyah Court rejected the Petitioner's application, then the Petitioner submitted an application to the cassation level, so that the Supreme Court's decision Number 777 K/Ag/2019 was granted. This study aims to explain the legal considerations by the judges of the Supreme Court in granting Decision Number 777 K/Ag/2019 concerning Child Adoption, to explain the juridical review of Decision Number 777 K/Ag/2019 regarding the cancellation of the first-degree determination. The research method that the author uses is a qualitative descriptive analysis, which consists of primary data materials and secondary data. The results of the study explained that the Supreme Court granted the appeal by using clear legal arguments that were against the legislation. The panel of judges of the Supreme Court granted the request by looking at the advantages and benefits for the adopted child who is the nephew of the single parent. Thus, there was jurisprudence used by judges for the case of Decision Number 777 K/Ag/2019 which is a source of material law. The Supreme Court has issued its decision with legal considerations, the rule of law may be set aside. Juridically, the decision of the Supreme Court is in accordance with the rules in force in Indonesia. With this decision, it can be used as jurisprudence for further judges to handle the same case.
Divorce during the Covid-19 Pandemic at the Lhokseumawe Syar'iyah Court: Perceraian Pada Masa Pandemi Covid-19 di Mahkamah Syar’iyah Lhokseumawe Yuhermansyah, Edi; Sri Wahyuni, Yenny; Mauliza, Nanda
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 2 (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.v1i2.1623

Abstract

The Corona virus has changed aspects of married life. Divorce is currently booming because of the Covid 19 virus. Divorce occurs due to several factors, in general the trigger for divorce cases to increase is due to the Covid-19 pandemic. Covid-19 has had a significant impact on all aspects of life, including the divorce application that occurred at the Lhokseumawe Syar'iyah Court. This study aims to determine and analyze the increase in divorce requests during the Covid-19 Pandemic at the Lhokseumawe Syar'iyah Court and the factors causing the divorce, as well as the judge's efforts to reduce the occurrence of divorces affected by Covid-19 at the Lhokseumawe Syar'iyah Court. This study uses a qualitative approach with the type of field research. While the data collected in the form of primary and secondary data, the data obtained using direct interview techniques and documentation. To make it easier to check the data, in checking the validity of the data, the researcher uses the triangulation method. From this research, the writer gets several conclusions. The results of the study found that during the Covid-19 pandemic divorce cases at the Lhokseumawe Syar'iyah Court experienced an increase, but the cause of the divorce could not be stated specifically the impact that occurred due to the Covid-19 pandemic or these causes had occurred before the pandemic. . Divorce cases during the COVID-19 pandemic were caused by several factors and the dominant factors were economic factors, there was no harmony or constant bickering resulting in domestic violence, leaving one side behind, as well as the judge's efforts to reduce divorces affected by COVID-19. 19 at the Lhokseumawe Syar'iyah Court, namely through mediation.
Judges' Guidelines in Adjudicating Marriage Dispensation Cases According to PERMA No. 5 Year 2019 (Analysis of the Decision of the Banda Aceh Syar'iyah Court Number 5/Pdt.P/2021/Ms.Bna): Pedoman Hakim Dalam Mengadili Permohonan Perkara Dispensasi Kawin Menurut PERMA No. 5 Tahun 2019 (Analisis Putusan Mahkamah Syar’iyah Banda Aceh Nomor Perkara 5/Pdt.P/2021/Ms.Bna) Abd. Gani, Burhanuddin; Ramadhani, Putri; Eriyanti, Nahara
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 2 (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.v1i2.1624

Abstract

In the Regulation of the Supreme Court of the Republic of Indonesia No. 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation, article 15 letter (d) states that examining a child for whom a marriage dispensation is requested may seek a recommendation from a psychologist or professional Social Worker Doctor/Midwife, Social Welfare Personnel, Integrated Service Center for the Protection of Women and Children (P2TP2A). , Indonesian/Regional Child Protection Commission (KPAI/KPAD). However, in reality the implementation of the Banda Aceh Syar'iyah Court's decision with Case number 5/Pdt.P/2021/Ms.Bna, the Judge granted the petition for a marriage dispensation by the applicant without fulfilling the conditions stated in article 15 in letter (d). In addition, in the community, parents who marry off their children have not reached the age stipulated by law, and without a recommendation letter from a doctor, even though it is very important for the reproductive health of the prospective bride. The question in this thesis research is the first dispensation for marriage according to PERMA No. 5 of 2019 concerning guidelines for adjudicating applications for dispensation for marriage against underage women, and the second consideration of the judges of the Banda Aceh syar'iyah court in granting requests for dispensation for marriage to underage women. This study uses a qualitative method. The results of the study found that the marriage dispensation according to PERMA No. 5 of 2019 regarding guidelines for adjudicating applications for dispensation for marriage is that the application can be submitted for those who are not of the age in accordance with statutory regulations no. 16 of 2019 regarding amendments to law no. 1 of 1974. And the judge's consideration in granting the application for dispensation for marriage without fulfilling the conditions stipulated in PERMA No. 5 of 2019 in article 15 letter d because these conditions are supporting conditions, this can be seen from the age of the applicant because of concerns that occur in the reproduction of the woman because she is still a minor.
The Impact of Pulang Balee Marriage on Household Life in Darussalam District, Aceh Besar Regency: Dampak Perkawinan Pulang Balee Dalam Kehidupan Rumah Tangga Di Kecamatan Darussalam Kabupaten Aceh Besar M. Jakfar, Tarmizi; Achyar, Gamal; Safira, Ridha
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 2 (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.v1i2.1625

Abstract

The contract is carried out consciously by a man and a woman, which is basically with the liking and willingness of both parties. Pleasure and willingness in a marriage is very necessary for the continuity of the household so that the marriage runs with mutual love and love with the aim of fostering a household that is sakinah, mawaddah and rahmah and with the willingness of both parties will also get ridha from Allah SWT. But there is a marriage that is very helpful and gives very good wisdom in marriage. Like the marriage of Pulang Balee, namely marrying his own brother-in-law, whether biological, step-by-step, still related by blood, or his own relatives. However, many of them do not want to and are forced to do it so that it has an impact on their domestic life. Thus, the researchers wanted to examine the problems related to how the practice of Pulang balee marriage in Darussalam District, Aceh Besar District, and how the factors and impacts of Pulang balee marriage in Darussalam District, Aceh Besar District. The research methodology that the author uses is using qualitative research in the form of interviews, observations and documentation. Based on the research that researchers found, the practice of balee return marriage in Darussalam sub-district is the same as usual marriage, starting from the proposal stage and the marriage stage and some of them hold walimah and some do not. The main factor of balee return marriage is thinking about the fate of their child, namely to ensure the care and needs of a child, because the child will be closer to the mother's family. And the impact of the balee return marriage is a positive impact, namely the maintenance of good relations between the two families, being able to look after and raise children together and obtain in-line offspring, as well as maintaining joint property. The negative impact of balee return marriage is a lot of talk from neighbors, feeling awkward at the beginning of marriage, easy to fight and divorce quickly.
Normative and Sociological Review of the Selangor Majlis Fatwa Decree on Dowry Bin Ramli, Muhammad Afiq Najmi; Misran; Achyar, Gamal
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 5 No. 1 (2025): 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

Abstract

The determination of the minimum level of dowry issued by Majlis Fatwa should contain elements of benefit for both the husband and the wife. The determination of the level of dowry is considered with various aspects such as customs and maslahat for the people in the State of Selangor. This study aims to find out the provisions of the minimum level of dowry in Islamic law, the legal basis of Majlis Fatwa State of Selangor in determining the minimum level of dowry of RM 300 and the relevance of Majlis Fatwa State of Selangor in determining the minimum level of dowry of RM 300 to the community. This research is field research located in Selangor. The data sources used by the author are primary data sources, namely data obtained directly from interviews and secondary data sources obtained from various documents related to this research. The results showed that the provision of the minimum level of dowry in Islamic law is not specifically determined about the level of dowry for marriage. Islam only orders to lighten the dowry and facilitate marriage. The legal basis of Majlis Fatwa State of Selangor in determining the minimum level of dowry of RM 300, based on the hadith from Aisha, from the Prophet SAW, who said: (The women whose blessings are great are the women who facilitate the financing of their marriages). This hadith is seen as still not fulfilling the main purpose and objective for the people living today, because the people of the State of Selangor still feel the burden of financing marriage. This also protects the right of dowry so that the determination of the dowry rate does not apply arbitrarily and complicate marriage. The relevance of Majlis Fatwa State of Selangor in determining the minimum level of dowry of RM 300 to the community is still not appropriate, because what is set only the minimum limit. Majlis Fatwa should also determine the maximum level which will be good between the man and the woman.
Challenges of Family Fragility Among Muallaf An Analysis of Religious Court Decisions in Indonesia Salma, Salma; Jarudin, Jarudin
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 5 No. 1 (2025): 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.v5i1.6440

Abstract

The marriage between individuals of different religions continues to emerge in Indonesia. Some of them convert to Islam (become Muslim) in order to have their marriage officially registered at the Religious Affairs Office (KUA), making their marriage valid. However, the reality of living a married life based on religious differences before marriage is at risk due to various crucial factors that the couple already faced prior to converting to Islam. This study aims to further elaborate on the fragility of the families of converts through an analysis of court rulings from Indonesian Religious Courts. These rulings are analyzed based on the reasons for divorce in cases from various Religious Courts, examining the judges' legal considerations and analyzing their decisions from the perspective of interfaith marriages. This normative legal research uses secondary data, consisting of primary legal materials from the rulings of Religious Courts obtained from the Supreme Court's decision directory. Additionally, secondary legal materials such as fiqh books, marriage regulations, and other related articles are also used. The findings of the study indicate that divorces occurring in these thousands of rulings were caused by non-Muslim partners reverting to their previous religion (apostasy). In these cases, judges granted divorce petitions due to the conversion from Islam to another religion (apostasy), which became one of the grounds for marriage dissolution (fasakh). From this perspective, it can be concluded that the fundamental principle in Indonesian marriage regulations, which only accepts marriages between individuals of the same religion, is aimed at ensuring the creation of intact, strong, and solid families, built on a foundation of the same religion from before marriage.

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