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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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Marriage with the Transfer of a Nasab Guardian to Teungku Dayah According to Islamic Law (Case Study in Ingin Jaya District, Aceh Besar Regency): Pernikahan Dengan Peralihan Wali Nasab Kepada Teungku Dayah Menurut Hukum Islam (Studi Kasus Di Kecamatan Ingin Jaya Kabupaten Aceh Besar) Maghfirah, Maghfirah
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.v3i2.1698

Abstract

This research was motivated by a case in the Ingin Jaya District, Aceh Besar Regency, where there was a marriage with the transfer of the nasab guardian to Teungku Dayah in accordance with Islamic law. A wakalah or transition contract is essentially a contract used by someone if the guardian of the nasab marriage needs someone else to do something that he cannot do himself and asks someone else to do it with the consent of both parties. Therefore, the researcher is interested in researching what factors led to the transfer of marriage guardianship from the nasab guardian to Teungku Dayah and what Islamic Law provisions mean for the process of transferring the nasab marriage guardian to Teungku Dayah. The research methods used are field research and library research. The results of the research state that provisions in Islamic law allow transition or representation to Teungku Dayah due to various factors including ungodly abandoning Allah SWT commands such as abandoning obligatory prayers, carrying out Allah SWT prohibitions such as disobedience, gambling, nervousness or embarrassment in public, old age such as being senile, his eyes are blurry, and his body is shaking. Furthermore, the view of Islamic law regarding the process of transferring the guardian of the nasab marriage to Teungku Dayah is a process that must be gone through, namely that the guardian of the nasab and the person who replaces the position of guardian of the nasab must carry out a wakalah contract before the marriage takes place. The legal transition was carried out because it was seen as a form of mutual help based on goodness and piety commanded by Allah SWT and His messenger.
Protection of Children's Rights before Isbat Nikah Reviewed by Positive Law (Case Study of the Decision of the Syar'iyah Court Number 40/Pdt.P/2021/MS.Bna): Perlindungan Hak Anak Pra Isbat Nikah Ditinjau Dari Hukum Positif (Studi Kasus Putusan Mahkamah Syar’iyah Nomor 40/Pdt.P/2021/MS.Bna) M. Yunus, Fakhrurrazi; 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.
Review of Islamic Law Regarding Waqf Land Taken Back by Heirs (Case Study in Teladan Baru Village, Rundeng Subdistrict, Subulussalam City): Tinjauan Hukum Islam Mengenai Tanah Wakaf Yang Diambil Kembali Oleh Ahli Waris (Studi Kasus Di Desa Teladan Baru Kecamatan Rundeng Kota Subulussalam) Abdullah, Arifin; 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.
Concept of Rights and Obligations of Husband and Wife in Long Distance Relationship (Case Study in Kuala Terengganu, Terengganu, Malaysia): Konsep Hak Dan Kewajiban Suami Istri Long Distance Relationship (Studi Kasus di Kuala Terengganu, Terengganu, Malaysia) Binti Mat Razali, Saudah
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 4 No. 1 (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.v4i1.2238

Abstract

The article writes that the relationship between husband and wife must live in the same house to achieve their rights and obligations as well as the formation of a harmonious marriage. However, in reality, many husbands and wives carry out their obligations remotely because of the need to work for their family's economy. The problems in this article focus on the factors and impacts of husband and wife having long distance relationships in Kuala Terengganu and how long distance husband and wife relationships in Kuala Terengganu fulfill the rights and obligations of their partners. This article was written using empirical legal research methods. Based on the research results, the factors of a long distance husband and wife are firstly, the place of work is far from the village, secondly, the family's economic needs, thirdly, the educational factor at school which has been determined by the government for teachers. The next impact on husband and wife is the impact of long distance couples in Kuala Terengganu. Judging from the positive and negative impacts on long distance couples. The positive impact is that you can maintain a good relationship and feel appreciated in your own way, such as by giving something to your partner. He puts his position in loyalty and trust towards his partner, and can avoid doing bad things. Long distance relationship couples in Kuala Terengganu appreciate their partners more deeply. Judging from the negative impacts of long distance couples in Kuala Terengganu, there are 5 negative impacts, lack of communication, mental health impacts, infidelity, suspicion, and divorce. Next, the pattern of a long distance husband and wife relationship is 5 obligations that are fulfilled, living, maintaining honor, serving the wife, obeying the husband, and hadhanah. Married couples in Kuala Terengganu can fulfill all these obligations, and then each husband and wife can handle them so that their long-distance relationship remains sustainable and happy.
Determination of the Qibla Direction of the Al-Mukarramah Mosque in Gampong Punge Jurong, Meuraxa District, Banda Aceh City: Penentuan Arah Kiblat Masjid Al-Mukarramah Di Gampong Punge Jurong Kecamatan Meuraxa Kota Banda Aceh Friatna, Ida; Mustaqim, Riza Afrian; Putra, Erizaldi
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 as a Legitimate Condition of Khulu’ (Study on the Analysis of the Decree of the Minister of Religious Affairs No. 411 of 2000 Viewed from the Theory of Al-Maslahah Al-Mursalah): ‘Iwaḑ Sebagai Syarat Sah Khulu’ (Studi Analisis Keputusan Menteri Agama No. 411 Tahun 2000 Ditinjau Dari Teori Al-Maslahah Al-Mursalah) M. Yunus, Saifullah; 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.
Determination Of Child Care Rights Between Biological Parents And Adopting Parents (Analysis of Judgments of Pahang Sharia High Court and Selangor High Court): Penetapan Hak Asuh Anak Antara Orang Tua Kandung Dengan Orang Tua Angkat (Analisis Pertimbangan Hakim Mahkamah Tinggi Syariah Pahang Dan Mahkamah Tinggi Selangor) Misran, Misran; Amri, Aulil; Binti Idereh, Nur Fatin Adila
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 (Analysis of Determination Number 232/Pdt.P/2022/MS.Bna): Tinjauan Sadd Al-Żari'ah Terhadap Iṡbāt Nikah Sirri Di Mahkmah Syar’iyah Banda Aceh (Analisis Penetapan Nomor 232/Pdt.P/2022/MS.Bna) Aziz, Nasaiy; 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: Tradisi Penyelesaian Tindak Pidana Secara Kekeluargaan (Tudang Sipulung) Hukum Pidana Dan Budaya Lokal Pada Masyarakat Desa Balangtaroang Kabupaten Bulukumba Provinsi Sulawesi Selatan Syamsuddin, Rahman; Alfian Mujahid, Achmad
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: Rekonstruksi Konsep Nusyuz Terhadap Nusyuz Suami Dalam Perspektif Mubadalah Sarwani, Novita
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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