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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 3 No 2 (2019): July 2019" : 5 Documents clear
Konsep Perceraian Di Depan Sidang Pengadilan Perspektif Maqasid Al-Syari’ah Ibnu Asyur Abdulloh Munir
MAHAKIM Journal of Islamic Family Law Vol 3 No 2 (2019): July 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (343.416 KB) | DOI: 10.30762/mahakim.v3i2.86

Abstract

The occurrence of divorce, which is increasing from year to year, cannot be separated from the public understanding about divorce, where it can be done anytime and anywhere by the husband. This is a problem that must be resolved, even if it is not suitable to Imam Shafi’i’s opinion, namely the divorce must be applied before a court hearing. This problem must be solved through maqasid sharia. Ibnu Asyur provides solutions; the Qur’an is the greatest and most definite source and contains more than one meaning, the determination and occupation of the problem must be carried out textual and contextual study deeply. The research purpose is to reveal maqasid sharia in the determination of divorce must be applied before the court hearing, especially Ibnu Asyur’s perspective. The method is descriptive qualitative by technique of data reduction, data display and taking conclusion. The results prove the divorce rate from 2015-2018 shows an increase. So according to Ibnu Asyur, Sharia texts are not only studied textually, but are contextual by considering the consequences of divorce and procedures that must be obeyed, and based on human nature in marriage, egalitarian between husband and wife, and freedom of attitude and opinion.
Analisis Keadilan Hukum Putusan Verstek Pada Perkara Cerai Talak No. 0520/Pdt.G/2014/PA. Kab. Kediri Abdullah Taufik
MAHAKIM Journal of Islamic Family Law Vol 3 No 2 (2019): July 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (239.4 KB) | DOI: 10.30762/mahakim.v3i2.99

Abstract

Verstek’s decision is a decision handed down by the judge without the presence of the defendant or respondent at the trial, the principle that the judge is authorized to make a decision or not without the presence of the defendant at the trial so that the judge has facultative rights, in this case referring to article 126 HIR (about verstek) as a reference: 1. The absence of the defendant at the first hearing that authorized the judgeimmediately to decide on the verstek 2. Delay the session and call the defendant once again. In such legal cases / events, the position of the defendant / defendant in the divorce case is always in a weak position, especially if the respondent is a woman, with all her limitations she will always be passive and difficult to provide resistance is most likely caused by the following factors: a. Unclear address; b. The call (relas) for the trial does not arrive; c. Lack of understanding procedures in court proceedings and reluctance to consult; d. More resigned and accept fate
Pengaruh Ketimpangan Pendapatan Suami Istri Terhadap Tingginya Kasus Cerai Gugat Di Pengadilan Agama Kelas 1B Kabupaten Ponorogo Arlinta Prasetian Dewi; Budi Setiawan
MAHAKIM Journal of Islamic Family Law Vol 3 No 2 (2019): July 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (229.368 KB) | DOI: 10.30762/mahakim.v3i2.102

Abstract

Ponorogo is a city that has a high rate of divorce cases. From the divorce cases, the majority of submissions come from female workers who work as migrant workers, the implication is that the wife has a far greater income than her husband giving rise to a shift in the role of husband and wife which also results in a shift in rights and obligations. Although Islam allows a wife to work (in the context of helping her husband), it is expected that the husband and wife have considered together the good and bad consequences that may arise from the decision. Income gap or income inequality between husband and wife if not interpreted wisely can have an impact on the disharmony of the relationship between the two can even reach the stage of divorce. This research will explain an analyze the effect of income inequality between husbnad and wife on the high cases of divorce in Ponorogo. For that, researcher will examine this income inequality in the view of the sociology of Islamic law in the Ponorogo community in particular and driving factors the rise of female workers in Ponorogo and things that arise when the wife’s income is greater than her husband. The paradigm of this research is used a qualitative paradigm with emphasis on case studies in teh field. The result of the research stated that income inequality where the wife has a greater income than the husband is not a main problem in divorce cases, but there are other factors as a trigger such as the inability of the husband in managing finances, the wife’s takings is only for consumptive activities and even tends to spree, the interference from the husband’s family, especially in financial matters, lack of understanding of religion, and infidelity. This hiigh financial ability of the wife ultimately makes the wife dare to sue for divorce of her husband.
Reunderstanding Pemahaman Dasar Teologis Sikap Kekerasan Dalam Rumah Tangga (Telaah Isu Feminisme Hadits Laknat Allah Terhadap Istri) Fuad Muhammad Zein; Ghulam Falach
MAHAKIM Journal of Islamic Family Law Vol 3 No 2 (2019): July 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (283.2 KB) | DOI: 10.30762/mahakim.v3i2.105

Abstract

The problem of gender equality in Islam often uses theological grounds to include the hadith proposition as a tool of legitimacy. Especially in the case of the household, the argument of curse in the relationship of husband and wife is used as the basis for accusations of obtaining domestic violence by the husband to the wife. As if Islam would allow a husband to wife’s violence if they were not willing to serve their sexual desires. This paper aims to answer these assumptions by analyzing the argument of the curse by using the method of critical criticism from the perspective of language or can also be called the bayani method, namely the method of analyzing the meaning of meaning in the argument of fiqh law. The result is that there is an error in understanding the meaning of the hadith caused by a weakness in understanding the meaning in Arabic which is the language of the hadith. Therefore, finally bring conclusions that are less proportional in understanding the propositions and facts. The hadith is a guide for all Muslims and there is no need for doubt in the study of hadith. The development of the modern era certainly has its own influence, especially in the scientific field of hadith. As Muslims of course we are all required to be able to fight in all fields, especially in the field of hadith science. The theoretical uptake and applied form of the Fatima Mernissi methodology of thought have created an important issue to study. His action in terms of knowledge has given rise to new problems for the hadith scientists in the field of feminism. This research aims to examine how the forms of hadiths are based on Fatima Mernissi’s ideas and thoughts. The problem of misogynist traditions is a form of contemporary research that must be discussed, especially regarding the reconstruction of understanding of misogynistic traditions. Few things are important in the study of misogynistic traditions, where the existence of this hadith has created problems for making new facts in the world of feminism. The new fact is nothing but the formation of new weapons in terminating the acceptance or rejection of the hadith. Furthermore, the discussion of this research will be accompanied by the tarjih method in order to arrive at the correct conclusions. Whether the misogynistic hadiths are hadiths that show that Islam discriminates against women or not. The purpose of this study is none other than a study for proving that misogynistic hadiths are not an expression of the hadith denied by Fatima Mernissi to the Muslims’ grip which is expressed in the Qur’an and al-Hadith.
Kedewasaan Wanita Dalam Pemikiran Hukum Tentang Posisi Wali Dalam Akad Pernikahan (Kajian Al-Fiqh ‘Ala Al-Madhahib Al-Arba’ah) Hisbulloh Hadziq
MAHAKIM Journal of Islamic Family Law Vol 3 No 2 (2019): July 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (483.082 KB) | DOI: 10.30762/mahakim.v3i2.106

Abstract

This article studies the opinion of fuqaha on the role of guardians in marriage. Some scholar consider it as an obligation, while others do not argue that it should be in marriage. And what is the relationship between the guardian with the readiness/maturity of the bride candidate.Although the marriage was only performed by both brides, but to start with it, the involvement of others is required, such as guardians. This article is a literal study where data is obtained through the exploration of the classical books in four popular madhhabs.These datas are then analyzed using acomparative approach.The results concluded that the existence of the guardian is closely related to the maturity of the prospective bride to establish a marriage.

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