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MAHAKIM: Journal of Islamic Family Law
Published by Institut Agama Islam Negeri Kediri
ISSN : 25974246     EISSN : 26158736     DOI : https://doi.org/10.30762/mahakim.vxix.xxx
Core Subject : Social,
Social Sciences
The aim of the Journal of Mahakim is to publish the results of scientific research, especially in the field of Islamic family law which includes: Wedding Divorce Inheritance Family rules (obligations and rights in the family) Mahar and guardianship Religious Court Comparison of Islamic family law Islamic family law approach to interdisciplinary disciplines
Arjuna Subject : Umum - Umum
Articles 5 Documents
 1 
Search results for , issue "Vol 2 No 1 (2018): January 2018" : 5 Documents clear
Sanksi Tindak Pidana Terorisme (Studi Komparatif Undang-Undang Nomor 15 Tahun 2003 dan Fiqh Jinayah) Huzaimah Al-Anshori
MAHAKIM Journal of Islamic Family Law Vol 2 No 1 (2018): January 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (297.704 KB) | DOI: 10.30762/mahakim.v2i1.88

Abstract

Indonesia is often attacked by terrorism actions, it is done by a group of irresponsible people, so that the government takes out a law about terrorism which aims to minimize the terrorism criminal as early as possible. The result from the researcher that the act of terrorism criminal states on law No. 15/2003 is an action that consist of forbidden criminal act elements, as like on chapter III, section 6 to19, law No. 15/2003. In fiqh jinayah. side, the act of terrorism criminal which is included on section 6 to19 of law 15/2003 is also discussed in jarimah qat’ al-tariq, because there are similarities in criminal action. The punishment for the terrorism actor is different according to law No. 15/2003 and fiqh jinayah. There are many variations of fiqh jinayahpunishment, such as qisas, diyat and ta’zir.
Tinjauan Filosofis (Pasal 2 Ayat (2) Undang-Undang Perkawinan No 1 Tahun 1974 Tentang Pencatatan Perkawinan) Nastangin
MAHAKIM Journal of Islamic Family Law Vol 2 No 1 (2018): January 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (305.132 KB) | DOI: 10.30762/mahakim.v2i1.89

Abstract

The registration of marriage is an administrative obligation under the provisions of ordinance number 1 of 1974 about marriage which aims to provide assurance of protection, if in the future there arises a legal act which implies the occurrence of legal consequences so that it can be proved with perfect evidence with an authentic deed as a form of certainty law. The purpose of this paper is to know about the essence of marriage registration rule article 2 section 2 of marriage ordinance number 1 of 1974. This research uses a philosophical approach that is explaining the nature and wisdom of the formal object. The conclusion of this paper is, that the registration of marriage is to provide assurance of legal protection the parties if in the future there is a problem that will result in law and to gain benefit to all people.
Terbit Fajar dan Waktu Subuh (Kajian Nash Syar’i dan Astronomi) Qomarus Zaman
MAHAKIM Journal of Islamic Family Law Vol 2 No 1 (2018): January 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (519.432 KB) | DOI: 10.30762/mahakim.v2i1.92

Abstract

Fajr in syar’i concept is divided into two; Fajr Kazib and Fajar Shadiq. The Fajr Kazib is time to having breakfast before doing fasting and have no salah Subuh. The second is fajr Shadiq. It is time to have no having meal (because it is fasting time) and time to do salah Subuh. Fajr Kazib arises at the early morning whose the light is not bright, but it is longer to the top of East to West vertically. Then the sky comes dark like wolf tail. While Fajr Shadiq arises at the early morning whose light is bright spreading in East horizontally. It arises just before sunrise. Time between Fajr Shadiq and the sunrise is the time for salah Subuh. In Astronomy, the word Fajr means Morning Twilight. Twilight in Astronomy is divided into three; astronomical twilight, nautical twilight and civil twilight. First, astronomical twilight is as the end of night. That is when starlight is not bright because of sunrise. The sun position is level 18 below the horizon. At that time, there ios still dark because of the sun going to rise ( an hour and 12 minutes later the sun rises). The second is nautical twilight. It looks so bright is East horizon for the sailors who are going to land. The sun position is level 12 below the horizon (48 minutes later the sun rises). The third is civil twilight. It is Fajr whose the light is so bright in which the position is level 6 below the horizon. At that time, the sunlight is so really bright, and many people do their morning activities. And then 24 minutes later the sun rises.
القياس عند المعتزلة دراسة وتقويما Abdul Wahab Ahmad Khalil
MAHAKIM Journal of Islamic Family Law Vol 2 No 1 (2018): January 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (258.768 KB) | DOI: 10.30762/mahakim.v2i1.108

Abstract

Mu’tazilah is a group of Islamic sects, who disagreed with the Muslims’ opinion on the issue of the great perpetrator, led by Wasel bin Atta and Amr ibn Ubaid, the time of the great Tabi’i, al-Hasan al-Basri. The Mu’tazilah built their doctrine on the five principles of monotheism: Tawheed, justice, promise and preaching, ordering virtue and forbidding evil. These five principles affect their ushul fiqh views, especially regarding qiyas. The aim of this research is to present the views of the Mu’tazilah regarding qiyas, as well as to explain their evidence and the opinions of their dissenters from the majority of scholars, and to express a strong opinion. The method used in this research is a descriptive, analytical, and critical method, where the researcher describes the views of the Mu’tazilah in relation with the qiyas as well as their evidences, and then analyzes and compares them with the views of their opponents from the majority of scholars, and then shows the strongest opinion between them. The research finds that the Nadzzam of the Mu’tazilah denied the authority of qiyas, and that Abu Hashim of the Mu’tazilah denied the analogy to an asset that did not stipulate his rule, while the Mu’tazilah generally saw that the illah can influent by itself. These three opinions are contrary to what the majority of scholars. After research and comparison, the researcher found that the views of the majority of scholars are stronger because their evidences are strong meanwhile the Mu’tazilah evidences are weak.
Tradisi Ambruk Dalam Masyarakat Dusun Ngesong Menurut Perspektif Hukum Islam Ahmad Zamzam Guntur
MAHAKIM Journal of Islamic Family Law Vol 2 No 1 (2018): January 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (331.263 KB) | DOI: 10.30762/mahakim.v2i1.109

Abstract

Proposal is a step toward marriage commonly done by men to deliver their purpose to marry girls and ask the girls’ parental blessing. Today, proposal in Javanese culture is various with the reasons of effectiveness in doing it and different situations. One of the varied proposals is that in Ngesong hamlet which is located in Tiron village, Banyakan subdistrict, Kediri regency. The phenomenon is tradition of staying overnight in a same house for the prospective bride and groom called ambruk. In this research, the researcher concerned in that entitled Ambruk Tradition in Ngesong Hamlet in View of Islamic Law. This research is a case study so that the researcher used the sociology of law for the approach. This is descriptive research using observation and interview in collecting the data. The research subject are Tiron village officials, the Tiron village chief, the village elders, the religious leaders and the people of Ngesong hamlet. Ambruk is a tradition done after engagement and determination of the wedding day with sumitting the prospective groom by his family to the prospective bride’s family. Ambruk has two elements; the prospective groom helps his future parents-in-law at work and stays overnight at their house. In the view of Islamic law, helping them is allowed but staying overnight is forbidden. It is included in ‘urf fāsid with concerns probably raising danger and sins of khalwah and zina, while the worries of those must be rejected as strong as possible. In conclusion, based on the concept of sadd al-dhari’ah that the tradition ambruk is not allowed according to the view of Islamic law.

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