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MAHAKIM: Journal of Islamic Family Law

mahakim
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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

Search results for , issue "Vol 4 No 1 (2020): January 2020" : 5 Documents clear

Larangan Perkawinan dalam UUP No 1 Tahun 1974 dan KHI Perspektif Filsafat Hukum Islam Nastangin
MAHAKIM Journal of Islamic Family Law Vol 4 No 1 (2020): January 2020
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Rules for marriage restrictions are regulated in the Number Marriage Act. 1 of 1974 from Article 8-10 and also regulated in the Compilation of Islamic Law in Article 39, namely the prohibition for ever and Article 40-44, namely a temporary ban. The broadly outline, the contents of the rules on the marriage restrictions aresame, namely the prohibition of marriage with idolaters, marrying a woman who is still in the iddah period, marrying a stepmother, due to blood relations, intercession, stepchildren who are adherent with their mother, collecting two woman (muhrim). The purpose of this paper is to find out about the nature of the rules of marriage prohibition using the Philosophy approach of Islamic Law by explaining the nature and wisdom of its formal object. The conclusion of this paper is that there are rules for marriage restrictions to provide benefits to the community and someone who wants to get married because of the existence of these rules that not everyone can be married. This research is a library research (Library Reseach) by analyze various sources of laws relating to the prohibition of marriage. This research is also a qualitative research. According to Satori, qualitative research is descriptive because it describes an object, phenomenon or social setting that is translated in a narrative text. In line with the opinions of Surjono and Abdurahman, Dyah Ochtorina Susanti and A’an Efendi assert that doctrinal law research is systematic research on the rule of law regulate in certain areas of law, analyzing the relationship between one rule and another, explaining the difficult parts to be understood from a certain rule of law, it may even include predictions of the development of a certain rule of law in the future.

حقوق الملكية الفكرية وتحدياتها في الفقه الإسلامي Abdul Wahab Ahmad Khalil
MAHAKIM Journal of Islamic Family Law Vol 4 No 1 (2020): January 2020
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Contemporary life throws a number of new problems that need to be highlighted and clarified its legality, including Intellectual Property Rights. They were rights that appear in European societies, and then dealt with in the Islamic countries, so ulama’ and researches try to find out their legality. This research attempts to uncover the reality of intellectual property rights and their challenges in Islamic jurisprudence. The research reaches several results, the most important of which is that Islamic jurisprudence considers this kind of rights as a right and treasure that may be given and owned, attacking it is considered a punishable crime, and the intellectual property may be copied for personal use.

Sertifikat Perkawinan Analisis Maqāsid Al-Syari‘ah dan Maslahah Mursalah terhadap Peraturan Dirjen Bimas Islam No 379 Tahun 2018 Abdur Ro’uf Hasbullah
MAHAKIM Journal of Islamic Family Law Vol 4 No 1 (2020): January 2020
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

This Research entitled “Marriage Certificate: Analysis of Maqāsid al-syari‘ah and Maslahah Mursalah Against Regulation of the Director General of Islamic Community Guidance No 379 of 2018”. This Research use Library Research and The Technique of Data collection use study documents relate with this topic. Furthermore, the data is analyzed using Maqās}id al-syari>‘ah and Maslahah Mursalah. The results of the research explained that the certificate as a marriage registration requirement as regulated in the Regulation of the Director General of Islamic Community Guidance No 379 of 2018 regarding Technical Guidance for Marriage Guidance for the Prospective Bride is important to be carried out and followed by the bride and groom. This sertificate as authentic evidence that the bride and groom turned out to have followed the Marriage Guidance. If it is not required to follow marital guidance, the impact will be the poorer quality of the family. Therefore, the marriage guidance program must be implemented as well as possible so that it can provide benefits to the bride and groom. Hopefully, after joining the marriage guidance program, married couples can anticipate and minimalize quarrel, violence and divorce in the family to create a family which is sakinah, mawaddah, wa raḥmah.

Peran Nadzir Dalam Pengelolaan Tanah Wakaf Ditinjau Dari Perspektif Undang-Undang Nomor 41 Tahun 2004 (Studi Kasus di Desa Ngadi Kec. Mojo Kab. Kediri) Fachrodin
MAHAKIM Journal of Islamic Family Law Vol 4 No 1 (2020): January 2020
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Target in this research is: to analyse the duty nadzir in management of land ground communal ownership; To analyse the role nadzir in management of land; ground communal ownership Countryside Ngadi evaluated from in perpective Number Law 41 Year 2004; For the describe of factors influencing role nadzir in management of land; ground communal. Research conducted Countryside of Ngadi of Subdistrict of Mojo of Regency Kediri. this Research Type field research. Population to be checked as above mentioned hence the sample is nadzir exist in Countryside of Ngadi Kec. Mojo Kab. Kediri. As for data source in this research, is source of data of primary and source of data secondary. Technique of data collecting use the interview, observation, and documentation. Result of this research is: Duty nadzir in management of land; ground communal ownership Countryside of Ngadi Kec. Mojo Kab. Kediri have the duty such as those which loaded section 11 Law No 41 Year 2004; Management communal ownership by nadzir Countryside of Ngadi Kec. maximal Uncommitted Mojo its meaning nadzir which ought to undertake to manage and manage 12 land; ground communal ownership in the reality sharing do not at all, and land; ground communal ownership managed by one management (non nadzir).

Pemaknaan Kewenangan Mengadili dalam Praktik Peradilan Perdata tentang Permohonan Penetapan Orang Hilang Perspektif Hukum Positif dan Hukum Keluarga Islam Moch. Choirul Rizal
MAHAKIM Journal of Islamic Family Law Vol 4 No 1 (2020): January 2020
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Article 44, paragraph (4) of Law No. 24 of 2013 it is not clear which judicial body has the authority to determine the unclear whereabouts of a person because of missing or dead but his body was not found. For this reason, this research focuses on 2 (two) problems. First, the practice of civil justice regarding applications for the determination of missing persons. Second, the meaning of the authority to adjudicate in the practice of civil justice regarding applications for the determination of missing persons. This research is included in the theoretical research using a statute approach, case approach, and conceptual approach. The results of this study answer 2 (two) problems. First, in examining and adjudicating cases of petition for the determination of missing persons, the general court uses rules regarding the state of absence (afwezig) according to Article 467 and Article 468 of the Civil Code, while religious courts use a legal basis relating to inheritance law. Second, to examine and adjudicate cases for the application of missing persons, the authority of the general court is based on Article 467 and Article 468 of the Civil Code, while the authority of the religious court body still requires interpretation of the judge’s law on the subject matter, namely whether it has a connection with inheritance law or not. The case for appealing the missing person, as long as it is related to inheritance law, can reopen the option for Muslims to choose which judicial body to obtain legal certainty regarding the person’s absence.

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Rezki Suci Qamaria

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Jawa timur

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Abstract

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Rezki Suci Qamaria

Contact Email rezkisuciqamaria@iainkediri.ac.id

Phone -

Journal Mail Official jurnalmahakim@iainkediri.ac.id

Editorial Address Jl. Sunan Ampel No. 7 Ngronggo Kediri 64127, +62354 686564

Location Kota kediri, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Rezki Suci Qamaria

Contact Email
rezkisuciqamaria@iainkediri.ac.id

Phone
-

Journal Mail Official
jurnalmahakim@iainkediri.ac.id

Editorial Address
Jl. Sunan Ampel No. 7 Ngronggo Kediri 64127, +62354 686564

Location
Kota kediri,

Jawa timur

INDONESIA