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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 2 (2018): July 2018" : 5 Documents clear
Putusan Verstek Pengadilan Agama Pada Cerai Talak Perspektif Keadilan Gender Abdullah Taufik
MAHAKIM Journal of Islamic Family Law Vol 2 No 2 (2018): July 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (206.125 KB) | DOI: 10.30762/mahakim.v2i2.85

Abstract

Verstek’s decision is one of the court legal products that can have permanent legal force if there is no resistance effort (Verzet) from the defendant Verstek’s decision was dropped by a judge because the Tegugat (Respondent) who had been summoned should not come without giving reasons that could be justified by law. The verstek decision is based on article 126 HIR (Herzien Inlandsch Reglement) which states; The absence of the defendant at the first hearing immediately gave the judge the authority to decide on the verstek Resign the session and call the defendant once again Verstek’s decision which is an item of civil procedural law in general is also applied in the civil procedure law of the religious court. Therefore, in dealing with civil divorce cases in religious courts, judges can apply the verstek verdict. negative impact on the wife because in the verstek decision the wife is in a weak position, so that with the verstek verdict she has lost her right to defend herself, even though there is an opportunity to fight (Verzet) but it depends on the quality of the personnel from in terms of economics and education, judges must therefore be wiser in imposing Verstek decisions on divorce divorce cases so that there is an opportunity for the wife to provide information related to her personality so as to create gender equality in the court.
Analisis Faktor-Faktor Penyebab Perceraian di Kabupaten Indramayu Tahun 2018: (Studi Kasus di Pengadilan Agama Indramayu Tahun 2018) Syaefullah; Nurmahmudah
MAHAKIM Journal of Islamic Family Law Vol 2 No 2 (2018): July 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (248.907 KB) | DOI: 10.30762/mahakim.v2i2.90

Abstract

The divorce case in the Indramayu Regency Religious Court in 2018 the divorce rate is still high, the factors that cause divorce in the Indramayu Religious Court in 2018 are economic factors of 5296 cases, leaving one party 56 cases, sentenced to 36 cases, ongoing disputes 25 cases, 5 cases of gambling, 2 cases of polygamy, 2 cases of disability, domestic violence 2 Case, forced marriage of 2 cases and apostasy of 1 case. The results of the analysis of economic factors are the main causes of divorce because many husbands do not provide for their wives and children, resulting in ongoing disputes and arguments in the household. So that many wives decided to sue her husband for 5170 people, and after divorce decided to go abroad to become migrant workers.Based on data from the BP2TKI LTS in 2018 the workforce from Indramayu is still dominated by female workers totaling 13,480 people, a factor causing divorce in Indramayu also because the education level of divorce actors is still low based on statistical data from the Indramayu Religious Court in 2018 of 3296 plaintiffs / the majority of applicants were educated only to the level of elementary school graduated
Kedudukan Harta Bersama Perkawinan Poligami Arif Zunaidi
MAHAKIM Journal of Islamic Family Law Vol 2 No 2 (2018): July 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (254.658 KB) | DOI: 10.30762/mahakim.v2i2.94

Abstract

Islam allows the marriage of more than one partner, provided that the husband can be fair and getpermission from the first wife. As a result of polygamous marriages, there is legal uncertainty aboutjoint assets, both in the first, second, third and fourth wives. The purpose of this paper is to find out thelegal certainty of shared assets in polygamous marriages. The method used is a normative legal researchmethod, using a regulatory approach, both Islamic law, Law Number 1 of 1974 and KHI. As a result, thereis legal uncertainty especially for the first wife based on the Compilation of Islamic Law, specifically legalprotection for the property with the wife brought in by her husband’s second marriage. According to LawNo. 1 of 1974, each wife gets a second share, whereas according to Islamic law the status of a woman’sproperty does not change with the marriage.
Aktualisasi Kaidah I’tibar al-Masalih dalam Pemikiran Izz al-Din Ibn Abd al-Salam Huzaimah Al-Anshori.
MAHAKIM Journal of Islamic Family Law Vol 2 No 2 (2018): July 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (266.733 KB) | DOI: 10.30762/mahakim.v2i2.98

Abstract

Goodness actualization in the thought of imam Izz al-Din in triggering the law is not separated fromattracting good and avoiding destruction, a concept that indicates the benefit of mankind. This if weactualize it in the comunity, it will appear that goodness is a priority in assisting a law that will betriggered, provided that it does not conflict with the qur’an agreement, analogy, and istidian of the mu’tabar. maslahah (goodness) in a marriage registration, it has been mentioned in the books of fiqh. Theregulation of it is an anticipatory step from the state (goverment) to anticipate the actions that harm inone side, especially women. This is accordance with the rules. Meaning: the actions of leader/govermentfor the society are to realize the goodness. Imam izz al-Din makes the Holy Qur’an and the hadith as ajuridical basis in establishing a law. Besides that, Izz al-Din in responding to mas}lah}ah as a reference inlaw istinbat he rests on istidlal al-sahih or with the term istidlal bi al-masalih.
Problematika Iddah Wanita Hamil di Luar Nikah Moh. Nafik
MAHAKIM Journal of Islamic Family Law Vol 2 No 2 (2018): July 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (319.436 KB) | DOI: 10.30762/mahakim.v2i2.104

Abstract

There are many aspects that need to be studied to see and understand in detail, including thestudy of the opinions of ulama ‘and KHI in addressing the problematic marriage of pregnantwomen out of wedlock. In this study, researchers sought to examine these two perspectivesby looking at the underlying factors of the contovercial marriage of pregnant women out ofwedlock in Indonesia.This is very urgent because the differences in legal consequences contained in KHI andperceptions of ulama ‘, which are actually manifestations of Islamic law are very visible. Asin Article 53 KHI which tends to open wide the possibility for people who are not responsiblefor adultery, coupled with the legal consequences contained in KHI for adulterers is very lightcompared to the had law applied in some Islamic countries.To simplify this research, the compilers use a type of library research (library rescarch), whosedata sources are extracted from written materials in the form of legal texts, both in the formof verses of the Qur’an, the books of hadith, rules of Islamic law and other written sources that are relevant to the subject matter of the marriage of pregnant women out of wedlock.The nature of this research is descriptive-analysis-comparative research. Because this studybesides describing the marriage of pregnant women in the study of fiqh science descriptively,also compared the opinions of ulama ‘and KHI regarding the status of iddah for pregnantwomen out of wedlock.From the perceptions of ulama ‘and KHI, then the conclusion arises that there are differencesof opinion between the two. For the Mālikī the marriage of pregnant women out of wedlockis divided into the marriage of pregnant women due to adultery with men who impregnate(biologically) and / or with other men (non-biological). Whereas KHI is more general and doesnot differentiate with whom the woman will marry. Apart from that, the child is pregnant.Pregnant women out of wedlock may be married by someone who impregnates her or bysomeone else who is not impregnating her, because there is no real prohibition from the Koranor Hadith. And the legal status of a legal marriage contract while fulfilling the pillars and themarriage conditions that have been determined by Islamic law, in addition there is also anelement of benefit.

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