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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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Hukum Terhadap Hibah Harta Bersama Kepada Anak Hasil Nikah Siri Aulil Amri; Tajul Iflah
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.v2i1.1675

Abstract

This article is motivated by the case at the Syar'iyah Court of Banda Aceh in Decision Number 283/Pdt.G/2019/Ms.Bna regarding grants originating from joint assets given to children from unregistered marriages. Even though the property is a joint property between a legal husband and wife obtained during the marriage period with a legal wife, in the property there is still part of the rights of the legal wife or first wife. However, the husband and wife donate the property to the child of the siri marriage without having the permission of the first wife. Therefore, researchers are interested in examining how the fiqh provisions relate to grants of joint property to children resulting from unregistered marriages, why the Panel of Judges of the Banda Aceh Syar'iyah Court rejected the plaintiff's lawsuit against the cancellation of joint property grants to children resulting from unregistered marriages, and what is the basis for the legal considerations. The research methods used are field research and library research. The results of the study state that the provisions in fiqh on the grant of joint property to children resulting from unregistered marriages are valid if there is permission from both parties who own the joint property. If a joint property grant is given to a child resulting from an unregistered marriage without permission from one of the donors, then the grant is invalid, because the condition for the property to be donated must be mil kultam, that is own property may not donate other people's property. The panel of judges at the Banda Aceh Syar'iyah Court rejected the plaintiff's claim against the cancellation of the joint property grant to a child resulting from an unregistered marriage in decision number 283/Pdt.G/2019/Ms.Bna because the case contained a formal defect in which the plaintiff occupied a minor. In Defendant III, minors do not have legal standing as litigants, that is, they do not have legal standing. Therefore, the judge could not accept the case. The plaintiff may re-file a lawsuit for the cancellation of the joint property grant (a new lawsuit) by not placing a minor as defendant III, only then can the judge process the case again.
Faktor Penyebab Isteri Tidak Memenuhi Kewajiban Terhadap Suami Dalam Rumah Tangga EMK Alidar; Rispalman Rispalman; Riska Maisarah
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.v2i2.1697

Abstract

All couples expect a harmonious family or sakinah mawadah warahmah. Ideally to create a household that is sakinah mawadah and warohmah needed a uniform understanding of the rights and obligations between husband and wife. Husband and wife must always carry out their respective obligations in the household. But differently what happened in Syiah Kuala Subdistrict is that the wife did not fulfill her obligations to her husband in the household. In Islamic law, wives should carry out their obligations to serve their husbands, but what happens in Syiah Kuala Subdistrict is that many wives neglect their obligations. This kind of wife is called nusyuz. The problem that wants to be examined in this study is the first, whether the factors that cause the wife not to fulfill the obligation to the husband in the household in Syiah Kuala Subdistrict, the second, how is the impact and legal consequences for wives who do not fulfill their obligations to husbands in the household in Syiah Kuala Subdistrict. This research uses a case approach (Case Approach) which is to examine cases related to issues in the field. The results in this study do not meanthat the factors that cause the wife not to fulfill her obligations to the husband in Syiah Kuala subdistrict are economic pressure factors, career factors, harmony factors of spousal relationships, and domestic violence factors. As for the impact that occurs in the field for wives who nusyuz ini is, there is commotion or domestic violence (Domestic Violence), Infidelity, Hated and not dipeayaihusband, and divorce. Then in Islam the legal consequences for the wife who does not fulfill the obligations to her husband ialah become a wife who disobeys or nusyuz towards the husband. In addition, wives like this also do not deserve aliving from the husband.
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.
Berjabat Tangan Dengan Linto Baroe Dan Dara Baroe Dalam Pesta Perkawinan Menurut Ulama Dayah Burhanuddin A. Gani; Ida Friatna; Syukri Asnawi
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.
Peran Legislatif Perempuan Dalam Pembentukan Qanun Di DPRA Periode 2014-2019 Tinjauan Dari Perspektif Islam Arifin Abdullah
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.
Identifikasi Makna Kafa’ah Dalam Perkawinan Nasaiy Aziz; Burmawi Junaidi
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.
Efektivitas Pelaksanaan Sidang Keliling Dalam Perkara Isbat Nikah Novita Sarwani
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.
Dampak Penundaan Pembagian Harta Warisan Di Kecamatan Kota Jantho Kabupaten Aceh Besar Tarmizi M Jakfar; Gamal Achyar; 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 Pernikahan Warga Gampong Padang di Kecamatan Setia Bakti Kabupaten Aceh Jaya rahmayani rahmayani; Ihdi karim; Nahara Eriyanti
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'.
Perlindungan Hak Anak Pra Isbat Nikah Ditinjau Dari Hukum Positif Fakhrurrazi M. Yunus; Dwi Oktavia
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.v3i1.1866

Abstract

Protecting children is difficult to do without official registration of the child's birth, because the parents got married without having an official marriage record in the regulations of the Republic of Indonesia, in the sense that it has not been recorded at the KUA. However, the marriage is valid according to religious views because it has fulfilled the pillars and conditions of marriage in accordance with the guidance of the Shari'ah. The formulation of the problem that will be answered in this study is how the protection of children before Proofing of marriage is reviewed through positive law in the decision of the syar'iyah court, Case Number 40/Pdt.P/2021/MS.Bna, and what is the method of finding the judge's law regarding the granting of requests for ratification of the child's lineage from couples who don’t have Proof of marriage, while the aim is to analyze the protection of children before Proofing of marriage if viewed according to positive law and analyze the judge's legal methods in granting the ratification of the lineage of children from couples who don’t have Proof of marriage. This study uses qualitative methods with a normative juridical approach. The data collection method was carried out using the library research method, data analysis was carried out in a normative descriptive way. This study concludes that every child has the right to protection and obtains his rights, one of which is identity and citizenship status. A child's identity must be given from birth, which is stated in the birth certificate (vide Article 5, Article 7, paragraph (1) and Article 27 paragraph (1) and (2) of Law Number 23 of 2002 concerning Child Protection. Discovery method There are three judges' laws; referring to the Islamic legal doctrine contained in the book Al Fiqhu Al Islami Wa Adillatuhu, referring to the provisions of Article 55 Paragraph (3) of Law Number 1 of 1974 concerning marriage juncto Article 103 Paragraph (3) Compilation of Islamic Law in Indonesia and in Article 47 of Law Number 23 of 2006 concerning Population Administration.

Page 6 of 13 | Total Record : 124

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