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Rezki Suci Qamaria
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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 5 No 2 (2021): July 2021" : 5 Documents clear
Efektivitas Pelaksanaan Bimbingan Perkawinan di Kantor Urusan Agama Gedangan Sidoarjo Nur Lailatul Musyafa’ah; Moch. Luthfir Rahman; Nurul Izzah Yan Bachtiar; Andi Alfarisi; Aprilia Susanti; Lianal Khuluq
MAHAKIM Journal of Islamic Family Law Vol 5 No 2 (2021): July 2021
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (332.197 KB) | DOI: 10.30762/mahakim.v5i2.135

Abstract

This article aims to determine the effectiveness of the Marriage Guidance program in KUA, Gedangan District, Sidoarjo. This research is qualitative field research with inductive data analysis. The result of this research is that the implementation of Marriage Guidance at KUA Gedangan Sidoarjo is in line with the Decree of the Director-General of Islamic Community Guidance Number 379 of 2018 concerning Guidelines for the Implementation of Prenuptial Marriage Guidance for Prospective Brides. The program of Marriage Guidance at the KUA, Gedangan District, which has only been implemented for the last two years, has been ineffective because there are several inhibiting factors, including funding, facilities, and infrastructure, and implementation time. After all, the bride and groom cannot attend due to work and the lack of desire for the prospective bride to participate in Marriage Guidance. Therefore, the KUA emphasizes the process of rafa ‘both’ administrative rafa’ and rafa’ of the future bride and groom’s readiness, with the hope of reducing the number of divorces that occur in Gedangan Sidoarjo.
Implementasi Pengelolaan Wakaf MWCNU Kec. Kota Kediri Perspektif Undang-undang Nomor 41 Tahun 2004 tentang Wakaf Abdullah Taufik; Muh. Alfian Arif
MAHAKIM Journal of Islamic Family Law Vol 5 No 2 (2021): July 2021
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (232.435 KB) | DOI: 10.30762/mahakim.v5i2.136

Abstract

The management of the concept of waqf is set in the MWC.NU district of Kediri City is quite simple, it means taking advantage of the status of MWC.NU is one of the Islamic organizations that act as Nazhir to maintain and prosper waqf assets in accordance with their allocation as outlined by the mandate of Law Numb. 41of The year 2004 concerning waqf. to handover of waqf assets from wakif candidates to the MWC NU management who will act as Nazhir, a verbal pledge is witnessed by religious leaders and community leaders, and then to`ll be registered with the KUA to get the Akte Ikrar Wakaf (AIW). The types of waqf assets are managed by MWC.NU Kota Kediri is immovable object waqf in the form of land and buildings which are allocated for worship and education. This type of research is field research using a descriptive qualitative approach, namely the object of research at the Majlis Representative Branch of NU as Nadzir (waqf manager) which will be studied based on the Law on Waqf Number 41 of 2004 and other literature related to the study of waqf.
Wakaf Keluarga Perspektif UU No. 41 Tahun 2004 dan Maqasid Al-Usrah Jamal Al-Din Atiyyah Arif Zunaidi
MAHAKIM Journal of Islamic Family Law Vol 5 No 2 (2021): July 2021
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (312.635 KB) | DOI: 10.30762/mahakim.v5i2.137

Abstract

Waqf is part of Allah’s command for those who have excess wealth. The rewards of waqf will continue to flow even after the perpetrator dies, as long as the waqf benefits others. In its development there are two categories of waqf, namely family waqf (dzurri) and khairi waqf. Family waqf is related to benefits intended for nasab or families and their descendants. Several countries have removed this type of waqf practice because it is considered not to provide benefits to the general public, because it focuses on the family only. In fact, waqf should be one way to improve the people’s economy because it is included in the Islamic philanthropy section. This study used qualitative research methods. This method provides an overview and describes several findings in the field, especially in this study related to the practice of family waqf in Indonesia. As a result, Dzurri waqf was recognized with the promulgation of Law no. 41 of 2004 concerning Waqf. However, in terms of management, the rules are still unclear. So prone to conflict. To reduce conflict, the Waqf Pledge Deed must clearly contain nazhir and mustahik. It is recommended that management be carried out productively in order to provide more benefits for mustahik. While the dzurri waqf in the view of maqasid al-usrah Jamal Al-Din Atiyyah includes three things, namely Hifz tadayyun fi al-usrah, Tandzim Al-Janib Al-Mali Li Al-Usrah, Tandzim Al-Janib Al-Mu’Assati Li Al Usrah.
Qiwama dalam Rumah Tangga Perspektif Teori Mubadalah dan Relevansinya di Indonesia Siti Khoirotul Ula
MAHAKIM Journal of Islamic Family Law Vol 5 No 2 (2021): July 2021
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (293.574 KB) | DOI: 10.30762/mahakim.v5i2.138

Abstract

In classical jurisprudence, the issue of Qiwāma -leadership and family protection is under the control of husbands and wives who are obliged to obey their husbands with the consequences that if there is disobedience from the wife- the husband has the right to educate her by advising, separating her (separating the bed), and beating her in a way that doesn't hurt. This understanding is based on the interpretation of the scholars of Surah an-Nisa 'verse 34. The rules in Indonesia, it is Law No.1 of 1974 concerning Marriage also state that the husband is the head of the family and wife is the housewife as a legalization of this interpretation. However, this Qiwāma does not always run according to the existing rules. In practice, many wives should had be a leader on their family while her husband lives. It caused Muslim feminist figures inIndonesia, Faqihuddin Abdul Kodir, spoken about the mubadalah theory, as a reinterpretation of classical fiqh constructions on gender equality. This article explain how the concept of qiwāma in the perspective of mubadalah and relevance in Indonesia. This is a report from literature research which is based on primary and secondary data sources in the form of documentary studies. The conclution in a husband and wife relationship should have understanding that they are on mutually relation. Whether, about matter of living or sexual services, both of them as partners, they have the same rights and obligations. The dominant relationship will be lostbecause of this reciprocality. They are responsible for mu'asyaroh bil ma'ruf to their partner and must maintain the dignity of each other's humanity. Therefor, the relevance of this theory, it should be our tradition for a long time, the mutual relation between husbands and wives in life has long been practiced by our agrarian culture.
Penggunaan Restatement untuk Menjelaskan Konsep-Konsep dalam Hukum Keluarga Islam Moch. Choirul Rizal
MAHAKIM Journal of Islamic Family Law Vol 5 No 2 (2021): July 2021
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (330.048 KB) | DOI: 10.30762/mahakim.v5i2.139

Abstract

Restatement can be a choice of writing method to explain legal concepts. Based on statutory regulations, doctrine and judges’ decisions, the restatement provides a comprehensive legal explanation. In Indonesia, restatements are developed and shared. Meanwhile, it becomes important to know the extent to which restatement is used by students. This research, which uses quantitative-descriptive and qualitative-descriptive approaches, found answers from students at the Islamic Family Law Study Program, Faculty of Sharia, IAIN Kediri. First, all students are still imperfect in compiling a resume using a restatement, because they do not use the judge’s decision as a source of compilation. The reason is that a softcopy of a copy of the judge’s decision regarding the concept to be explained is not available on the Decision Directory website which is managed by the Supreme Court of the Republic of Indonesia. In addition, for students who have obtained a softcopy of a copy of the judge’s decision, they are still confused about which part to use to explain a concept in Islamic family law. The percentage of students’ overall score achievement is still 62% (sixty-two percent). For that, secondly, there needs to be an effort to improve, namely through the preparation of teaching materials and socialization of how to prepare a resume using restatement strategies. The preparation of the teaching materials involved competent lecturers, judges and advocates. Third, the effort bore fruit: the resumes that the student revised were near perfection. Three authoritative sources have been used to explain a legal concept. The percentage of students’ overall grade achievement increased by 27% (twenty-seven percent), so that it became 90% (ninety percent).

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