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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 2 (2020): July 2020" : 5 Documents clear

Persepsi Kafa’ah dalam Perkawinan menurut Masyarakat Petok Kec. Mojo Kab. Kediri Ditinjau dari Hukum Islam Huzaimah Al-Anshori; Sholahudin Fathurrahman; Imam Makhali
MAHAKIM Journal of Islamic Family Law Vol 4 No 2 (2020): July 2020
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

One of the steps to form compatibility in the family is mutual harmony or kafa’ah, a certain step to form a sakinah mawaddah wa rahmah family. The results of this study explain in the community of Petok Village, located in Mojo Subdistrict Kediri Regency, most of them really paying attention to and carry out kafa’ah in a marriage. In practice, there are those who prioritize kafa’ah in religion, however some people consider the concept of kafa’ah to be irrelevant, who rely on consensual elements as the basis for the marriages of their sons and daughters. A few of them put forward kafa’ah in terms of materials or prosperity. Most of the population of the Petok Village practice kafa’ah with one kufu in terms of religion, according to the madzabs of Malikiyah, Hanaafiyah, Shafi’iyah and Hanbaliyah, who agree that the implementation of kafa’ah is good. Meanwhile, the practice of kafa’ah in a small part of Petok villagers who emphasizes kufu in material / financial terms, according to the Malikiyah and Syafi’iyah, is not justified, while according to others, Hanafiyah and Hanbaliyah, it does not fulfill other kafa’ah elements. Thus, the implementing part of consensual is not found in the concept of kafa’ah in Islamic law.

Peran Keluarga dalam Mewujudkan Takaful Ijtima’i (Studi Kajian Hukum Keluarga dan Ekonomi Islam) Ghulam Falach; Shohibul Adhkar
MAHAKIM Journal of Islamic Family Law Vol 4 No 2 (2020): July 2020
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

as the smallest institution in society, the family has the potential for enormous influence on common prosperity. This is closely related to the function of the family as a container for the formation of quality human resources. If accordingly mentioned, then for the first step, every family must pay attention to the welfare of their own families afterwards to take a pay attention to other families in the surrounding environment. This attention is none other than the form of mu’amalah which is based on a sense of mutual assistance. Therefore, it is only natural that all components of society are obliged to build the welfare of their respective families. This is implemented in order to create a social balance in the form of welfare. Focus point in this study of the writer lies on the role of the family to realize the balance of welfare, especially in the economic field, through the concept of takaful. This research was conducted using qualitative-descriptive methods that contain primary and secondary data about family welfare and takaful which can be applied as a whole to the community sector. theory development in this study uses the theory of construction where the role of the deconstruction of family welfare can realize takaful ijtima’i.

Konsepsi Imam Syafi’i Tentang Ittihadul Majlis Dalam Akad Nikah Multazim AA
MAHAKIM Journal of Islamic Family Law Vol 4 No 2 (2020): July 2020
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Marriage is a basic principle for society to continuoing social life or household life, legal descendants and the destruction of man and women desires. A new couple marriage meets and hope their marriage will be harmonious. One of the pillars of marriage is shighat (Ijab and qabul), which must be Ittihadul Majlis (united in seats or majlis) on Syafi’I School. The Ulama are relatively different in providing concepts /opinions about this matter. Therefore, there needs to be a positive answer, what is the concept / opinion of Imam Syafi’I. Regarding the legal status of Ittihadul Majlis in the akad marriage, considering that the implementation of this in the community is still relatively large on a Shafi’i Madzhab.

Peran Kantor Urusan Agama dalam Meminimalisisr Pernikahan Dini (Studi di Kecamatan Ponggok Kabupaten Blitar) Rizqi Abdul Latif; Fatimatuz Zahro
MAHAKIM Journal of Islamic Family Law Vol 4 No 2 (2020): July 2020
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Amendments to Law No. 16 of 2019 concerning changes to the provisions for the age limit of marriage, which were originally stipulated in the 1974 Law Article 7 paragraph 1 for women at least 16 years old and 19 years old for men to marry has now changed to 19 years for men. and women. The Office of Religious Affairs in Ponggok District has implemented a marriage age limit in accordance with Law No. 16 of 2019, which is 19 years for men and women, however the impact of this has resulted in an increase in potential partners who are still underage. This is influenced by the prospective couples who are already pregnant and some of them are sure to get married and have the blessing of their parents. The efforts made by the Ponggok District KUA in minimizing early marriage in its working area are by providing insight into the consequences of early marriage and providing information on the latest Law on community social activities such as yasinan and tahlilan. The purpose of this study was to determine the role and efforts of the Office of Religious Affairs in Ponggok District in minimizing early marriage after the amendment of law No.16 of 2019. In this study the approach used was a qualitative research method. This study uses primary data, namely the interviewer meets directly with the source. Qualitative research is research that intends to understand the phenomena experienced by research subjects. From this research it is known that the KUA of Ponggok sub-district also plays an important role in minimizing early marriage, which is playing a role in administrative matters such as checking the requirements for a prospective partner to marry, if the age is not sufficient then the KUA will reject.

"الإفتاء باتيسير للاقليات المسلمة في الأحوال الشخصية عند القرضاوي "دراسة تحليلية نقدية Husnul Haq
MAHAKIM Journal of Islamic Family Law Vol 4 No 2 (2020): July 2020
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

The Muslim minorities in non-Muslim countries face many problems. The most important of which are religious problems. They want to deal with non-Muslims, without taking away their Islamic personality. They are in dire need of a fatwa that is easy and tolerant, away from narrowing and embarrassment. Contemporary scholars, especially syekh Yusuf Qaradhawi, respond this need, and issue fatwas, which are easy and tolerant. The research aims to clarify the principle of facilitation in the fatwas of contemporary scholars with regard to Muslim minorities in the field of personal status, and the suitability of this principle to the principle of facilitation in Islamic Jurisprudence. The character of the research is a descriptive, analytical, and critical. The researcher concludes that the scholars adhered to the principle of facilitation in their fatwas for Muslim minorities, in the field of personal status. And the best testimony to that is the fact that they have stated that it is permissible for a woman to remain with her non-Muslim husband, and that they are allowed to legalize the inheritance of a non-Muslim. The facilitation adopted by them is commensurate with the facilitation of Islamic jurisprudence, its principles and purposes, because it stands on the principle of taking into account of necessity, need, license, rule of origin, and changing the ruling by changing its cause.

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Rezki Suci Qamaria

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jurnalmahakim@iainkediri.ac.id

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Location
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Jawa timur

INDONESIA

Abstract

Abstract

Abstract

Abstract

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