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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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Abortion Due to Fetal Defects (Legal Analysis of Legislation and Fatwa of Ulama Mufti Bayan Linnas Number 68): Aborsi Karena Cacat Janin (Analisis Hukum Terhadap Peraturan Perundangan dan Fatwa Ulama Mufti Bayan Linnas Nomor 68) Abdullah, Arifin; Binti Hassan, 'Affaf
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.v4i1.3491

Abstract

Abortion is a word that symbolizes a crime in which the perpetrator must be punished because it is considered to have taken away a human being's right to life. However, sometimes abortion has to be carried out because if the pregnancy continues, the mother's life will be at stake due to the disability suffered by the occupant of her womb. Defects experienced by the fetus must be declared by a recognized medical expert in the field of pregnancy. This research question is how the laws and fatwas from Malaysian mufti clerics conclude the legal status of abortion due to fetal defects. In this research the author uses library research methods and is normative juridical in nature. Malaysia does not have specific laws governing abortion, so everything related to abortion will refer to Penal Code Section 312-316 (Act 574). Dr. Zulkifli Mohamad Al-Bakri, former Minister of Religion and Mufti of the 7th Federal Region stated in an article uploaded to Bayan Linnas No. 68 states that abortion is divided into two laws, namely mandatory if it has not reached the age of 120 days and haram if it has reached the age of 120 days or more unless the fetus being impregnated threatens the mother's life then it is permitted. Here it can be concluded that abortion is permitted if there is harm to the mother. If there is no harm, it is prohibited and forbidden.
Husband's Rejection To Children's Lineage After Divorce (Case Study in Kedah Syariah Court): Penolakan Suami Terhadap Nasab Anak Pasca Perceraian (Studi Kasus di Mahkamah Syariah Kedah) Hanapi, Agustin; Achyar, Gamal; Zulhamidi, Nur Nadhila Syafini Binti
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.v4i1.3711

Abstract

The religious scholars have different opinions in determining the maximum period of pregnancy for a woman. Fiqh scholars stated that lineage is one of the strong foundations in building a family life that can bind a person's personality based on blood unity. Islam has laid down guidelines in terms of the conviction of lineage according to Shariah law. This research uses a type of normative research, namely the approach of legal principles, legal theory, court decisions and uses the case approach method. The results of the research show that the husband's rejection of the child's lineage after divorce can be considered by the judge in convicting the child's lineage by examining all aspects and evidence of statements whether oral or written so that it is in line with syariah law and the Islamic Family Law (Kedah). As for if a pillar and condition of marriage is not fulfilled in line with the Sharia, then a wording of the marriage contract is invalid so that it can make the marriage broken (fasid) or the occurrence of dubious intercourse. In line with that, then the status of a child will be doubted by the parties about the legitimacy of his lineage.
Adopted Children of Civil Servants According From Islamic Law: Legalitas Anak Angkat Pegawai Negeri Sipil Dalam Perspektif Hukum Islam Khairani, Khairani; Zahara, Mulyana
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.v4i1.3760

Abstract

Law Number 39 of 1999 concerning Human Rights regulates children's rights, the implementation of the obligations and responsibilities of parents, families, communities, the government, and the state to provide protection for children. However, these children can be categorized into 2 parts, namely adopted children and biological children. However, there are many problems with child adoption in Banda Aceh that aim to adopt children, especially civil servants, not only because they want to have children or help children and give love, but because there are civil servant allowances. This raises problems with adoptive parents including adopted children as recipients of child allowances for civil servants and Islamic law reviewing children who are used as biological children in state administration. The purpose of this research is to determine the factors affecting adopted children as recipients of civil servant allowances and to understand the Islamic Law review of adopted children who are used as biological children in the state administration. In this research the author used qualitative research methods and a juridical approach. Based on the research results, the factors that lead to adopting children as recipients of child allowances for civil servants are not having children, the economic condition of biological parents, earning more money and the welfare of the child. According to Islamic law, it is permissible and even recommended to adopt children. However, including children on the payroll aims to provide a decent life for children, not to seek personal gain. The adoption of a child to receive child support on the payroll is justified by conditions permitted by law or in a formal legal manner.
The Concept of a Country According To Thought Ibn Bājjah in The Book Tadbīr Al-Mutawaḥḥid: Konsep Negara Menurut Pemikiran Ibn Bājjah Dalam Kitab Tadbīr Al-Mutawaḥḥid Januarti, Putri; Lestari, Ayu; al-Walid, Khalid
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.v4i1.4320

Abstract

The role of the state in politics is a very complex and interesting issue, especially because the concept of the state has varied meanings and interpretations among experts. Ibn Bājjah, also known as Avempace, was a Muslim philosopher and scientist from western Andalusia who lived in the 11th century. His contribution to Islamic political thought is mainly reflected in his work entitled "Tadbīr al-Mutawaḥḥid". In this work, Ibn Bājjah examines the concept of the state in two main categories: the perfect (ideal) state and the imperfect state. The aim of this research is to understand the concept of the state according to Ibn Bājjah's thoughts in the book "Tadbīr al-Mutawaḥḥid" so that it can serve as an inspiration from classical thinking to be applied in a modern context. This research uses a qualitative research model with a descriptive analytical library research approach. The conclusion of this research shows Ibn Bājjah's view of perfect and imperfect states. According to him, a perfect state is one that does not need doctors and judges because there are no conflicts, diseases, or legal problems. On the other hand, imperfect states need doctors (the art of medicine) and judges (the art of law) because there are still conflicts, diseases, and differences of opinion in society.
The Interpretation of the Meaning of al-Qarábah in the Qur'an and Its Contextualization with Contemporary Kinship Models (An Interpretative Approach Using the Maudhu'i Tafsir Method): Interpretasi Makna al-Qarábah dalam al-Qur’an dan Kontekstualisasinya dengan Model Kerabat Era Kontemporer (Pendekatan Intepretatif dengan Metode Tafsir Maudhu‘i) Bakry, Nurdin; Sulfanwandi, Sulfanwandi; Habibi MZ, Muhammad
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.v4i1.5176

Abstract

Based on the interpretation in the Qur'an, relatives (al-qurbá) are interpreted flexibly, according to the context of the conversation, both from the side of the mother's and father's relatives. However, traditional interpretations tend to emphasize the paternal family, reflected in the influence of patrilineal Arabic culture. In the contemporary era, the concept of family in anthropology has varied, including maternal or bilateral models. This study analyzes how the meaning of al-qarábah in the Qur'an with the approach of maudhu'i tafsir, tracing its conformity with the contemporary kinship model? The type of qualitative research and interpretive approach is carried out in order to be answered in depth, data collection through library research, so that the data collected is in the form of secondary data obtained from the books of scholarly interpretation. Content analysis is carried out by collecting verses related to the method of tafsir maudhu'i. As a result, the method of tafsir maudhu'i al-qarābah in Islam is divided into three levels: al-qarābah al-qarībah (very close uterine relationship), al-qarābah al-mutawassiṭah (mahram relatives), and al-qarābah al-baʿidah (non-mahram relatives). In the context of the modern family, kinship is understood through the biological dimensions (nasab/DNA), religion (brothers and sisters), and social (neighborly relationships). Fathers and mothers are considered the nucleus of the family in Islam, with mothers having primary responsibility for the upbringing, education, and inheritance of children in the event of a father's death, affirming protection and harmony in Muslim families.
Application of Sanctions for Performers of Siri Marriage in the Fatwa MPU Aceh Number 1 of 2010 concerning Siri Marriage: Penerapan Sanksi Bagi Pelaku Nikah Siri Dalam Fatwa MPU Aceh Nomor 1 tahun 2010 Tentang Nikah Siri Hanapi, Agustin; Mauliana, Sudjah
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.v2i1.1567

Abstract

Some society assumed that all person who perform marriages under the hands or unregistered marriages are marriages that are carried out secretly without the knowledge of official officers, namely mariages record officer. Unregistered marriages become a problem in the community that can’t stop it soon, more harm than good. Unregistered marriages can also have a big impact on the consequences of the marriages law there is especially an bad effect on women and children. Now a days much of all still many unregistered marriages processed, because there are still many unofficial marriages with decision of false judge, therefore need for applicate the sanctions for the two perpetrators of unregistered marriages, in this case teh MPU Aceh have the create Fatwa about this problem one, so they must state a regulation to protect this habitual can not occur again in our community. Therefore, the researcher is interested in reviewing the application of sanctions for unregistered marriages perpetrators in MPU Aceh Fatwa No. 1 of 2010 concerning Siri Marriages. The research methods used are field research and literature research. The result in this study state that MPU Aceh applied sanctions for perpetrators of this series of marriages against false judge with imprisonment, the presence of false judge this unregistered marriages is viral now, therefore there needs to be sanctions applied. In the study of Maqasid Syar’iyah the recording of marriages agreements falls into the category of primary benefits of Daruriyat that can protect and maintain the benefit of religion, soul, reason, offspring, and property. Related to offspring, because with the recording, for women children benefif from the wife gets an inheritance and the child gets.
The Basic Considerations of Judges Regarding the Testimony of Istifadah Witnesses in the Case of Itsbat Nikah (Study of the Determination of the Syar'iyah Court of Kualasimpang Number 10/Pdt.P/2021/MS.ksg): Dasar Pertimbangan Hakim Terhadap Kesaksian Saksi Istifadah Dalam Perkara Itsbat Nikah (Studi Penetapan Mahkamah Syar'iyah Kualasimpang Nomor 10/p.dt/p/2021/ms.ksg) Mubarak, Husni; Rahmadani, Sindi
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.v2i1.1581

Abstract

This research is based on a case which registered in Mahkamah Syar’iyah Kualasimpang as case number 10/Pdt.P/2021/MS.Ksg about istbat nikah wherein this case the witnesses who gave their testimonies were istifāḍah witnesses whereas an istifāḍah witness does not meet the criteria as a witness nor meet the matril requirements as regulated in clause 171 verse (1) HIR, clause 308 Rbg and 1907 The Book Of Civil Law all of which say every witness has to give their testimony based on what they saw, heard and experienced in an event while an istifāḍah witness had only heard rumor or story from someone else that an event has occurred. Based on this witnesses’ testimonies, judges authorized istifāḍah witnesses to give their testimonies to be heard in trial. Therefore researcher is interested to study further on howcome judges to consider the authorization of istifāḍah witnesses testimonies in istbat nikah case number 10/Pdt.P/2021/MS.Ksg and how Islamic law views the use of istifāḍah witnesses’ testimonies in an istbat nikah case. The methods used in this research are field study method and library study method with juridical normative approach. The result of the research claims that istifāḍah witnesses’s testimonies can be heard in trial as long as the testimonies given cannot be proved otherwise then the testimonies are true, it means as long the testimonies cannot be denied by another evidence, then two evidences in a form of document and testimony are sufficient, and by considering the matching of the testimonies given by the two witnesses then the testimonies given by istifāḍah witnesses are acceptable as judges’ preasumption, Islamic law views this matter can only be applied in some cases, one of which is istbat nikah case, with this in mind judges grant the pleader I and the pleader II their plead.
The Effectiveness of Itsbat Nikah Implementation as an Effort to Protect Wives in North Aceh Regency: Efektifitas Pelaksanaan Itsbat Nikah Sebagai Upaya Perlindungan Terhadap Istri Di Kabupaten Aceh Utara Bukhari, Bukhari; Putri, Safira Hasriani
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.v2i1.1638

Abstract

Itsbat nikah carried out by the Aceh Government are regulated in Aceh Governor Regulation Number 25 of 2017 which states that the Implementation of Marriage Legalization (Itsbat Nikah) is carried out with the aim of helping people in Aceh who marry during the conflict, tsunami disaster and poor communities in obtaining marriage certificates. However, the imple mentation of itsbat nikah carried out by the Government has not been carried out according to the target. Especially in North Aceh Regency, there are still many married couples who have not yet been married. So this will greatly affect the legal protection of the wife. Therefore, researcher is interested in examining how the procedure for implementing itsbat nikah in North Aceh Regency is, what are the inhibiting factors for the in effectiveness of itsbat nikah in North Aceh Regency, and how the impact of implementing itsbat nikah as an effort to protect wives in North Aceh Regency is. The research method of this study used field research with an empirical juridical approach. The results of this study stated that the procedure for implementing an integrated itsbat nikah in North Aceh Regency started from registration at the District KUA, verifying files and then being tried by the Syar'iyah Court and after that the decision was issued. As for itsbat independent marriage, the procedure is the same as in other civil cases. Based on data on the itsbat nikah case in North Aceh Regency in 2015-2021 that the implementation of itsbat nikah in North Aceh Regency has not been effective, because it is not in accordance with the targets that have been determined at the beginning, there are still 24.82% who have not been certified for marriage. This is due to the limited budget from the Government and the Covid-19 that has occurred in Indonesia. So that the implementation of the itsbat nikah greatly impacts the legal protection of the wife, such as the wife's rights in terms of livelihood, inheritance, joint property, and so on.
The Law on Granting Joint Assets to Children from Siri Marriage (Analysis of Decision Number 283/Pdt.G/2019/MS. Bna): Hukum Terhadap Hibah Harta Bersama Kepada Anak Hasil Nikah Siri (Analisis Putusan Nomor 283/Pdt. G/2019/MS. Bna) Amri, Aulil; Iflah, Tajul
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.
Factors Causing Wives Not Fulfilling Obligations Towards Husbands in the Household (An Analysis of the Impact of Domestic Disharmony in the KUA of Syiah Kuala District): Faktor Penyebab Isteri Tidak Memenuhi Kewajiban Terhadap Suami Dalam Rumah Tangga (Analisis Terhadap Dampak Ketidakharmonisan Dalam Rumah Tangga di KUA Kecamatan Syiah Kuala) Alidar, EMK; Rispalman, Rispalman; Maisarah, Riska
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.

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