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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 10 Documents
 1 
Search results for , issue "Vol 7 No 1 (2023): January 2023" : 10 Documents clear
Tafsir Pemikiran Muhammad Syahrur tentang Waris dan Kontribusinya Bagi Perkembangan Hukum Kewarisan di Indonesia (Studi Analisis Kompilasi Hukum Islam) Rahmat Agung Sedayu; A. Halil Thahir; Imam Annas Mushlihin; Ilham Tohari
MAHAKIM Journal of Islamic Family Law Vol 7 No 1 (2023): January 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i1.172

Abstract

In Muhammad Syahrur's view, waris is hududullahh which means that the maximum limit for a son is two daughters, and the minimum limit for a daughter is one boy. This research is qualitative research with the type of research library research which aims to reveal how Muhammad Syahrur's thoughts about inheritance with an analysis knife Compilation of Islamic Law. The data analysis process uses content analysis techniques, which are research techniques by looking for regular shapes, structures, and patterns in the text and making conclusions based on the regularities found. The results of this study: 1) Muhammad Syahrur rereads the inheritance verse which is hududullahh. If the heirs consist of one son and two daughters, then the share of the daughter may not be less than 25% and the share for the son may not be greater than 50%. 2) The contribution of Muhammad Syahrur's thoughts on inheritance to the development of inheritance law in Indonesia is by positioning the inheritance portion for women as al-Hadd al-'Adna (minimum limit). With this, Syahrur wants to say that women may or even have the right to get more shares than one man, provided that they do not exceed al-Hadd al'Ala for men. Thus women can get more shares than what has been determined by QS. An-Nisa verse 11 and article 176 KHI as long as it does not exceed the male share (½).
Kompetensi Pengadilan Agama dalam Menangani Perkara Warisan Beda Agama (Analisis Perkara 1854/Pdt.G/2013/PA.Plg) Hanifah Salma Muhammad; Malik Ibrahim
MAHAKIM Journal of Islamic Family Law Vol 7 No 1 (2023): January 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i1.184

Abstract

This article discusses the competence of religious courts in adjudicating disputes over interfaith inheritance between Muslims and non-Muslims. This can happen inseparably from the social and cultural conditions of people in Indonesia who are pluralism with various backgrounds such as ethnicity, customs, different languages, and belief or religious factors. But on the other hand, there are differences in views between the fuqaha regarding the heritage of different religions. If the heir and heir, both the heir as the plaintiff and the defendant, have differences in religion, then the practice of law enforcement in the court against the inheritance case creates a dispute over competence between the religious court and the district court. This study examines through legislation, legal literature in accordance with the research being discussed and uses Islamic law to answer the author's problem formulation by analyzing decision number 1854 / Pdt.G / 2013 / PA.Plg. The results of the research that can be concluded are that when viewed from a juridical point of view, religious courts are authorized to adjudicate cases of disputes over inheritance between religions. This can happen because it is based on jurisprudence 51K/AG/1999. The function of jurisprudence can be used as the best way given by judges to communities that have family pluralism as a solution in resolving cases of inheritance disputes between religions. However, when viewed from the normative side of Islamic law, religious courts are authorized to adjudicate inheritance disputes with parties of different religions. This can happen because it is based on the interpretation of Yusuf Al-Qardawi and the ijtihad of the supreme court for a sense of justice for families whose pluralism of beliefs. The inheritance is not counted as heirs but is counted as a mandatory will of no more than 1/3 part.
Proses Pengangkatan Anak dan Dampak Hukum pada Anak Setelah Diangkat terkait Perwalian dan Pewarisan: Studi Kasus di Kabupaten Klaten Enis Tristiana; Francisca Vani Dwikowati
MAHAKIM Journal of Islamic Family Law Vol 7 No 1 (2023): January 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i1.190

Abstract

This study investigates the issue, specifically the process of registering child adoption at the Population and Civil Registration Office of Klaten Regency, as well as the legal consequences of adopted children related to guardianship and inheritance after adoption. The research method employed is empirical research, descriptive research, a qualitative research approach, primary and secondary data sources, data collection techniques involving observation and interviews, and data analysis techniques involving reduction, presentation, and conclusion drawing. According to the findings of this study, the process of recording child adoption is divided into three stages: filing for adoption at the Social Service for Women's Empowerment, Child Protection, and Family Planning in Klaten Regency, determining the Islamic District or Religious Court, and finally recording child adoption at the Population and Population Service Office. Civil Registration in the Regency of Klaten. Meanwhile, it is concerned with the legal consequences of child adoption, such as guardianship and inheritance. The Civil Code and the Compilation of Islamic Law have different legal consequences after adoption. The legal consequences of adopting children in relation to guardianship and inheritance differ in the Civil Code (KUHPer) and the Compilation of Islamic Law (KHI). In the Civil Code, the civil relationship between biological parents and children is severed, whereas in the KHI, the opposite is true. Adopted children are heirs in the KUHPer, but not in the KHI, where mandatory will replace them. As a result, the family can determine the applicable law through a court order.
Poligami Indonesia dan Maladewa: Sebuah Perbandingan atas Keberanjakan Hukum Keluarga Islam suci ramadhani putri; Deva Yulinda; Weis Arqurnain
MAHAKIM Journal of Islamic Family Law Vol 7 No 1 (2023): January 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i1.196

Abstract

This article aims to provide an overview of Indonesia and the Maldives as well as the development of Islamic family law in each country, then compare the provisions of polygamy in both countries, both the similarities and the differences. This is followed by analyzing the changes in polygamy provisions that have occurred in the two countries. This article is qualitative research that uses library research. The primary data source for this research is the laws and regulations in both countries that regulate polygamy. The secondary data source is any literature that is relevant to this research. These various data were analyzed using deductive analysis techniques. Legal reforms in the realm of Islamic family law have been carried out by many Muslim countries in the world, including Indonesia and the Maldives. Even though Indonesia and the Maldives share the majority of the Syafiʽi sect, both of them have various differences as well as various similarities regarding the provisions of polygamy. These differences are inseparable from various factors, such as history and geographical location; legal system; social, economic, and cultural; gender relations; and development of family law. This article argues that the Islamic family law reform method for the topic of polygamy in Indonesia tends to apply both intra-doctrinal reform and extra-doctrinal reform. The Maldives tend to only apply the extra-doctrinal reform.
Kesetaraan Gender dalam Hukum Kewarisan Islam Perspektif M. Syahrur Fatimatuz zahro; Shinta Pramesti K.M
MAHAKIM Journal of Islamic Family Law Vol 7 No 1 (2023): January 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i1.201

Abstract

Islam beautifully respects and glorifies the dignity of a woman. This is proven in the Qur'an Surah a Nisa' verse 11 that women are also entitled to a share in the inheritance. The actual phenomenon is that currently, women are considered capable of being independent. At the same time, the concept of inheritance distribution is guided by justice and is not measured by the level of equality. The problem of gender equality in the distribution of portions of inherited assets is like a snowball that rolls further and further and raises issues of gender equality that have occurred to date. The gender gap in inheritance law appears against the background of some parties whose sense of justice is not fulfilled. The portion of the distribution often triggers disputes between men and women. This research focuses on applying the inheritance distribution system according to classical Fiqh Mawaris with Islamic inheritance in KHI and analyzes the problems of gender equality in Islamic legal inheritance. This study uses a type of normative legal research. This method focuses on legal principles and finds coherent truths. Legal rules are conceptualized as norms in a broad scope. Sources from the normative side come from laws and regulations, court decisions, and doctrines from legal scientists with the approach taken. The concept in this research is carried out by looking at various points of view and phenomena of doctrinal development in the science of law. This study concludes that from the portion of the heirs, there are similarities between classical rose is and KHI. Still, the difference is read in the distribution of inheritance in classical Islamic law. The compilation of Islamic law is the way to draw lineages based on males as a result of female offspring which is called dzawil arham is covered by men. In contrast, in the compilation of Islamic law, the way to draw lineages is based on a bilateral principle so that female offspring are not covered by men, Islamic inheritance law in Indonesia seeks to reform to accommodate a sense of justice. However, its efforts it does not necessarily reduce the problems of gender equality that exist in society.
Tafsir Pemikiran Muhammad Syahrur tentang Waris dan Kontribusinya Bagi Perkembangan Hukum Kewarisan di Indonesia (Studi Analisis Kompilasi Hukum Islam) Sedayu, Rahmat Agung; Thahir, A. Halil; Mushlihin, Imam Annas; Tohari, Ilham
MAHAKIM Journal of Islamic Family Law Vol 7 No 1 (2023): January 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i1.172

Abstract

In Muhammad Syahrur's view, waris is hududullahh which means that the maximum limit for a son is two daughters, and the minimum limit for a daughter is one boy. This research is qualitative research with the type of research library research which aims to reveal how Muhammad Syahrur's thoughts about inheritance with an analysis knife Compilation of Islamic Law. The data analysis process uses content analysis techniques, which are research techniques by looking for regular shapes, structures, and patterns in the text and making conclusions based on the regularities found. The results of this study: 1) Muhammad Syahrur rereads the inheritance verse which is hududullahh. If the heirs consist of one son and two daughters, then the share of the daughter may not be less than 25% and the share for the son may not be greater than 50%. 2) The contribution of Muhammad Syahrur's thoughts on inheritance to the development of inheritance law in Indonesia is by positioning the inheritance portion for women as al-Hadd al-'Adna (minimum limit). With this, Syahrur wants to say that women may or even have the right to get more shares than one man, provided that they do not exceed al-Hadd al'Ala for men. Thus women can get more shares than what has been determined by QS. An-Nisa verse 11 and article 176 KHI as long as it does not exceed the male share (½).
Kompetensi Pengadilan Agama dalam Menangani Perkara Warisan Beda Agama (Analisis Perkara 1854/Pdt.G/2013/PA.Plg) Muhammad, Hanifah Salma; Ibrahim, Malik
MAHAKIM Journal of Islamic Family Law Vol 7 No 1 (2023): January 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i1.184

Abstract

This article discusses the competence of religious courts in adjudicating disputes over interfaith inheritance between Muslims and non-Muslims. This can happen inseparably from the social and cultural conditions of people in Indonesia who are pluralism with various backgrounds such as ethnicity, customs, different languages, and belief or religious factors. But on the other hand, there are differences in views between the fuqaha regarding the heritage of different religions. If the heir and heir, both the heir as the plaintiff and the defendant, have differences in religion, then the practice of law enforcement in the court against the inheritance case creates a dispute over competence between the religious court and the district court. This study examines through legislation, legal literature in accordance with the research being discussed and uses Islamic law to answer the author's problem formulation by analyzing decision number 1854 / Pdt.G / 2013 / PA.Plg. The results of the research that can be concluded are that when viewed from a juridical point of view, religious courts are authorized to adjudicate cases of disputes over inheritance between religions. This can happen because it is based on jurisprudence 51K/AG/1999. The function of jurisprudence can be used as the best way given by judges to communities that have family pluralism as a solution in resolving cases of inheritance disputes between religions. However, when viewed from the normative side of Islamic law, religious courts are authorized to adjudicate inheritance disputes with parties of different religions. This can happen because it is based on the interpretation of Yusuf Al-Qardawi and the ijtihad of the supreme court for a sense of justice for families whose pluralism of beliefs. The inheritance is not counted as heirs but is counted as a mandatory will of no more than 1/3 part.
Proses Pengangkatan Anak dan Dampak Hukum pada Anak Setelah Diangkat terkait Perwalian dan Pewarisan: Studi Kasus di Kabupaten Klaten Tristiana, Enis; Dwikowati, Francisca Vani
MAHAKIM Journal of Islamic Family Law Vol 7 No 1 (2023): January 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i1.190

Abstract

This study investigates the issue, specifically the process of registering child adoption at the Population and Civil Registration Office of Klaten Regency, as well as the legal consequences of adopted children related to guardianship and inheritance after adoption. The research method employed is empirical research, descriptive research, a qualitative research approach, primary and secondary data sources, data collection techniques involving observation and interviews, and data analysis techniques involving reduction, presentation, and conclusion drawing. According to the findings of this study, the process of recording child adoption is divided into three stages: filing for adoption at the Social Service for Women's Empowerment, Child Protection, and Family Planning in Klaten Regency, determining the Islamic District or Religious Court, and finally recording child adoption at the Population and Population Service Office. Civil Registration in the Regency of Klaten. Meanwhile, it is concerned with the legal consequences of child adoption, such as guardianship and inheritance. The Civil Code and the Compilation of Islamic Law have different legal consequences after adoption. The legal consequences of adopting children in relation to guardianship and inheritance differ in the Civil Code (KUHPer) and the Compilation of Islamic Law (KHI). In the Civil Code, the civil relationship between biological parents and children is severed, whereas in the KHI, the opposite is true. Adopted children are heirs in the KUHPer, but not in the KHI, where mandatory will replace them. As a result, the family can determine the applicable law through a court order.
Poligami Indonesia dan Maladewa: Sebuah Perbandingan atas Keberanjakan Hukum Keluarga Islam putri, suci ramadhani; Yulinda, Deva; Arqurnain, Weis
MAHAKIM Journal of Islamic Family Law Vol 7 No 1 (2023): January 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i1.196

Abstract

This article aims to provide an overview of Indonesia and the Maldives as well as the development of Islamic family law in each country, then compare the provisions of polygamy in both countries, both the similarities and the differences. This is followed by analyzing the changes in polygamy provisions that have occurred in the two countries. This article is qualitative research that uses library research. The primary data source for this research is the laws and regulations in both countries that regulate polygamy. The secondary data source is any literature that is relevant to this research. These various data were analyzed using deductive analysis techniques. Legal reforms in the realm of Islamic family law have been carried out by many Muslim countries in the world, including Indonesia and the Maldives. Even though Indonesia and the Maldives share the majority of the Syafiʽi sect, both of them have various differences as well as various similarities regarding the provisions of polygamy. These differences are inseparable from various factors, such as history and geographical location; legal system; social, economic, and cultural; gender relations; and development of family law. This article argues that the Islamic family law reform method for the topic of polygamy in Indonesia tends to apply both intra-doctrinal reform and extra-doctrinal reform. The Maldives tend to only apply the extra-doctrinal reform.
Kesetaraan Gender dalam Hukum Kewarisan Islam Perspektif M. Syahrur zahro, Fatimatuz; Pramesti K.M, Shinta
MAHAKIM Journal of Islamic Family Law Vol 7 No 1 (2023): January 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i1.201

Abstract

Islam beautifully respects and glorifies the dignity of a woman. This is proven in the Qur'an Surah a Nisa' verse 11 that women are also entitled to a share in the inheritance. The actual phenomenon is that currently, women are considered capable of being independent. At the same time, the concept of inheritance distribution is guided by justice and is not measured by the level of equality. The problem of gender equality in the distribution of portions of inherited assets is like a snowball that rolls further and further and raises issues of gender equality that have occurred to date. The gender gap in inheritance law appears against the background of some parties whose sense of justice is not fulfilled. The portion of the distribution often triggers disputes between men and women. This research focuses on applying the inheritance distribution system according to classical Fiqh Mawaris with Islamic inheritance in KHI and analyzes the problems of gender equality in Islamic legal inheritance. This study uses a type of normative legal research. This method focuses on legal principles and finds coherent truths. Legal rules are conceptualized as norms in a broad scope. Sources from the normative side come from laws and regulations, court decisions, and doctrines from legal scientists with the approach taken. The concept in this research is carried out by looking at various points of view and phenomena of doctrinal development in the science of law. This study concludes that from the portion of the heirs, there are similarities between classical rose is and KHI. Still, the difference is read in the distribution of inheritance in classical Islamic law. The compilation of Islamic law is the way to draw lineages based on males as a result of female offspring which is called dzawil arham is covered by men. In contrast, in the compilation of Islamic law, the way to draw lineages is based on a bilateral principle so that female offspring are not covered by men, Islamic inheritance law in Indonesia seeks to reform to accommodate a sense of justice. However, its efforts it does not necessarily reduce the problems of gender equality that exist in society.

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