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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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INDONESIA
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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Tinjauan Hukum Islam Mengenai Tanah Wakaf Yang Diambil Kembali Oleh Ahli Waris Arifin Abdullah; Lispaini Lispaini
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.v3i1.2132

Abstract

This research is motivated by the problem of Waqf Land which has been built by the Religious Affairs Office in Teladan Baru Village, Rundeng District, Subulussalam City, which one of its heirs wants to take back, due to personal interests. So researchers are interested in researching, how are people's perceptions of waqf land in Teladan Baru Village, Rundeng District, Subulussalam City and what are the provisions of Islamic Law regarding Waqf Land Reclaimed by Heirs in Teladan Baru Village, Rundeng District, Subulussalam City. The research method used in the preparation of this thesis is field research and interviews. The results in this study are the public's perception of the land donated by Pak Udin, so the community does not agree if the heirs take back the waqf land because the waqf land is still being used properly and properly, so there is no strong reason for the heirs take the waqf land again. However, the scholars of the Imam school of thought differ in terms of understanding the waqf itself, Imam Abu Hanifah is of the opinion that the assets that have been donated remain the property of the person who has made the endowment and may be withdrawn. Imam Maliki may give waqf for a certain period of time, and when the specified period passes, it is permissible for the person giving the waqf to take back the property that has been donated. Imam Syafi'i is of the opinion that the assets that have been donated are completely independent of the beneficiary who has donated them, and belong to Allah. And the Hambali school says that the waqf releases the waqf property from the ownership of the waqf property. So the Waqf Land that has been donated in Teladan Baru Village, may not be taken back by the heirs with the opinion of the previous scholars and with the reason that the heirs are not acceptable to the community and the Ministry of Religion.
Perlindungan Hukum Terhadap Pekerja Dengan Perjanjian Kerja Waktu Tertentu Di Indomaret Cabang Bireuen Berdasarkan Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta kerja Ade Soraya
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.
Determination of the Qibla Direction of the Al-Mukarramah Mosque in Gampong Punge Jurong, Meuraxa District, Banda Aceh City Ida Friatna; Riza Afrian Mustaqim; Erizaldi Putra
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 2 (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.v3i2.2548

Abstract

One of the conditions for a valid prayer is facing the Qibla, Imam Syafi'i believes that people who can see the Ka'bah must face the 'Ainul Ka'bah as well as people who are far or outside Mecca must face 'Ainul Ka'bah based on their ijtihad with instructions from the sun, stars, mountains, moon, and others that can be used as a Qibla direction. Many mosques in the city of Banda Aceh do not face the Kaaba, this is based on using Google Earth, from several mosques that are off the beaten path, the Al-Mukarramah Mosque has such a large deviance that it faces the African continent. The research question for this thesis is how to determine the Qibla direction at Al-Mukarramah Mosque, Gampong Punge Jurong, Meuraxa District, Banda Aceh City and how accurate the Qibla direction at Al-Mukarramah Mosque, Gampong Punge Jurong, Meuraxa District, Banda Aceh City. In this study the authors used a qualitative approach research method, a type of Field Research (field research), and used a qualitative descriptive analysis method. describe and analyze the method of determining the Qibla direction of the Al-Mukarramah Mosque then verify the results of Qibla accuracy. The results of this study concluded that first, the method of determining the Qibla direction of the Al-Mukarramah Mosque in Gampong Punge Jurong, Meuraxa District, Banda Aceh City was carried out in two ways: 1) Rashdul Qibla, when the Al-Mukarrmah Mosque was about to be built in 1999 by the Imam of Gampong Punge Jurong during the that, 2) Kompas, carried out in 2018 this happened when the Aceh MPU fatwa No. 3 of 2018 concerning the determination of the Qibla direction. Second, test the accuracy of the Qibla direction of the Al-Mukarramah Mosque by using the Mizwala Qibla Finder, Rubu' Mujayyab, Protractor, and Google Earth that the Qibla direction of the mosque does not face the Ka’bah so it has a slope with the position of the mosque building by 15° to the north and results via visual google earth The building of the Al-Mukarramah mosque faces the African continent.
‘Iwaḑ Sebagai Syarat Sah Khulu’ Saifullah M. Yunus; Nurakmal Nurakmal
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.v3i1.2554

Abstract

Khulu' is a divorce accompanied by a number of assets as 'iwadh (ransom) given by the wife to her husband to redeem herself so that she is released from the marriage bond. 'iwadh is the reward or ransom given by the wife to her husband to ask for khulu῾. In Indonesia, the nominal value of 'iwadh money has been regulated in the Decree of the Minister of Religion No. 411 of 2000 concerning Determination of the Amount of 'iwadh Money in the series of sighat taklik divorce for Muslims already amounting to Rp. 10,000 of which the money is intended for the amil zakat agency, not for the husband. If these rules are studied from the perspective of Islamic law, there is a significant difference in terms of the number and also the objectives of the 'iwadh. The research questions in this thesis are how the law of 'iwadh as khulu compensation' according to Maslahah Mursalah and whether the Minister of Religion Decree No. 411 of 2000 in accordance with the theory of Maslahah Mursalah. In this study the authors used qualitative research methods and a juridical approach. The results of this study conclude that first, the scholars agree that 'iwadh (ransom) is a pillar that cannot be abandoned in the khulu', when viewed from the perspective of maslahah mursalah then both the wife and husband have the benefit of the wife who asks divorce her husband by returning the dowry to her husband because she is afraid that she will not be able to carry out her obligations as a wife (nusyuz), then she can be released from her marriage bond and the husband does not feel disadvantaged because he gets a ransom from his wife. Second, Decree of the Minister of Religion No. 411 of 2000 concerning Determination of the Amount of 'iwadh Money in the series of sighat taklik divorce for Muslims including maslahah mursalah because if this rule is not regulated it will experience difficulties for the wife and will cause arbitrariness of the husband towards the wife. In this rule, 'iwadh as a result of violating taklik divorce is given to the amil zakat.
Fasakh Nikah Karena Penyakit Dalam Hukum Keluarga Islam Perak Malaysia Salman Abdul Muthalib
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 Khairani Mukdin; Rahmil Izzati; 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.
Determination Of Child Care Rights Between Biological Parents And Adopting Parents Misran Misran; Aulil Amri; Nur Fatin Adila Binti Idereh
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 2 (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.v3i2.2750

Abstract

Adoption of children is regulated in the Deed of Registration of Appointment 1952 (Deed 253) for Muslims and non-Muslims and the Deed of Adoption 1952 (Deed 257) for non-Muslims. Among the cases involving the struggle for custody is the one that occurred at the Pahang Sharia High Court, in which the judge handed over a child to his biological parents while the child had been registered under the Deed of Registration of Appointment 1952 (Deed 253). Then, in the case at the Selangor High Court, the judge handed over custody rights to the adoptive parents while the adoption registration was invalid. There are two formulations of the problem in this thesis. Firstly, what are the considerations of the Pahang Sharia High Court judges in determining child custody between biological parents and adoptive parents? Second, what are the considerations of the judges of the Selangor High Court in determining child custody between biological parents and adoptive parents? This research uses the juridical-normative method and case studies. Data collection is also done with literature and documentation. The results of the study show that first, the consideration of the judges of the Pahang Sharia High Court in determining child custody of their biological parents is because the judge looks at their efforts to get their child back and they have full rights to the child. Second, the consideration of the judge of the Selangor High Court in determining child custody of the adoptive parents is important because the judge stated that the main thing is what is best for the child, and the child's biological parents also have several obstacles to looking after the child. Custody is closely related to the interests of the child and the guardians, if there is an imbalance in custody, then the rights and interests of the child need to take precedence over the interests of the guardians.
Sadd Al-Żari'ah Review of Iṡbāt Nikah Sirri at the Syar'iyah Court in Banda Aceh Nasaiy Aziz; Rafidah Rafidah
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 2 (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.v3i2.3002

Abstract

Iṡbāt nikah is a marriage determination in order to obtain authentic evidence and to obtain protection and legal force, especially for wife and children. The Syar'iyah Court has the authority to receive, examine and adjudicate cases between people who are Muslim. One of them is the application for iṡbāt marriage Number 232/Pdt.P/2022/MS.Bna. However, after being studied and tried, this application was rejected by the panel of judges because it did not meet the requirements for the granting of the marriage iṡbāt. Therefore, the author wants to know what is the basis for the consideration of the panel of judges at the Banda Aceh Syar'iyah Court in rejecting the application for iṡbāt nikah from a sirri marriage in case Number 232/Pdt.P/2022/MS.Bna. And what about sadd al-żari'ah's review of the stipulation and legal basis for the consideration of the panel of judges at the Banda Aceh Syar'iyah Court rejecting the application for iṡbāt nikah from a sirri marriage in case Number 232/Pdt.P/2022/MS.Bna. In this study the authors used a qualitative research method with a normative juridical approach and used a type of library research (Library Research). The results of this study indicate that the panel of judges rejected the application for iṡbāt marriage Number 232/Pdt.P/2022/MS.Bna because the marriage guardian of Petitioner II (wife) is not his biological father or a person who has blood relations with Petitioner II, but tengku who was at the Islamic boarding school where they got married and was also not represented by Petitioner II's biological father to said tengku. Iṡbāt nikah is in accordance with the theory of sadd al-żari'ah. This is necessary to realize benefit and avoid damage.
Tradition of Resolving Crimes in Kinship Approaches (Tudang Sipulung) Criminal Law and Local Culture in the Community of Balangtaroang Village, Bulukumba Regency, South Sulawesi Province Rahman Syamsuddin; Achmad Alfian Mujahid
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 2 (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.v3i2.3025

Abstract

This study discusses the encountering between criminal law and local culture in the Balangtaroang Village. It will be discussed through two research questions: How is the construction of crime settlement through the kinship approach (tudang sipulung) in Balangtaroang Village, How is the encountering between criminal law and local culture in resolving criminal acts in a family way in the Balangtaroang Village community. This study is descriptive research using qualitative data obtained through field research. Data collection is carried out through observation in-depth-interview, and documentation. The data obtained will be analysed through legal and sociological approaches. This study argues: that first, crime settlement through kinship approaches is used as one of the ways to solve the case in order to create harmony in the community within the village. Second, crime settlement through kinship approaches is conducted by way of discussion (musyawarah) in a traditional local institution.
Reconstruction of the Nusyuz Concept of Husband Nusyuz in Mubadalah Perspective Novita Sarwani
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 2 (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.v3i2.3474

Abstract

Humans as Allah's caliphs on earth have an important role in regulating the earth which is a mandate from Allah SWT. Because humans have a limited lifespan on earth, humans need regeneration so that this earth is not abandoned. This rebirth can be realized by the existence of a marriage, but in undergoing a marriage, not a few face trials in their household relationships. This can happen because one party does not carry out its obligations, so we call it nusyuz. This study aims to reconstruct the concept of nusyuz in the Qur'an. The method used in this article is a library research method. Regarding the contemporary reading of the letter An-Nisa verse 128 which explains the nusyuz of the husband. The data analysis method used is through a descriptive approach. This research the authors conclude that the concept of nusyuz does not only apply to wives but also applies to husbands, when he does not carry out his obligations as a husband.

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