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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 99 Documents

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Putusan Verstek Pengadilan Agama Pada Cerai Talak Perspektif Keadilan Gender Abdullah Taufik
MAHAKIM Journal of Islamic Family Law Vol 2 No 2 (2018): July 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Verstek’s decision is one of the court legal products that can have permanent legal force if there is no resistance effort (Verzet) from the defendant Verstek’s decision was dropped by a judge because the Tegugat (Respondent) who had been summoned should not come without giving reasons that could be justified by law. The verstek decision is based on article 126 HIR (Herzien Inlandsch Reglement) which states; The absence of the defendant at the first hearing immediately gave the judge the authority to decide on the verstek Resign the session and call the defendant once again Verstek’s decision which is an item of civil procedural law in general is also applied in the civil procedure law of the religious court. Therefore, in dealing with civil divorce cases in religious courts, judges can apply the verstek verdict. negative impact on the wife because in the verstek decision the wife is in a weak position, so that with the verstek verdict she has lost her right to defend herself, even though there is an opportunity to fight (Verzet) but it depends on the quality of the personnel from in terms of economics and education, judges must therefore be wiser in imposing Verstek decisions on divorce divorce cases so that there is an opportunity for the wife to provide information related to her personality so as to create gender equality in the court.

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

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.

Sanksi Tindak Pidana Terorisme (Studi Komparatif Undang-Undang Nomor 15 Tahun 2003 dan Fiqh Jinayah) Huzaimah Al-Anshori
MAHAKIM Journal of Islamic Family Law Vol 2 No 1 (2018): January 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Indonesia is often attacked by terrorism actions, it is done by a group of irresponsible people, so that the government takes out a law about terrorism which aims to minimize the terrorism criminal as early as possible. The result from the researcher that the act of terrorism criminal states on law No. 15/2003 is an action that consist of forbidden criminal act elements, as like on chapter III, section 6 to19, law No. 15/2003. In fiqh jinayah. side, the act of terrorism criminal which is included on section 6 to19 of law 15/2003 is also discussed in jarimah qat’ al-tariq, because there are similarities in criminal action. The punishment for the terrorism actor is different according to law No. 15/2003 and fiqh jinayah. There are many variations of fiqh jinayahpunishment, such as qisas, diyat and ta’zir.

Tinjauan Filosofis (Pasal 2 Ayat (2) Undang-Undang Perkawinan No 1 Tahun 1974 Tentang Pencatatan Perkawinan) Nastangin
MAHAKIM Journal of Islamic Family Law Vol 2 No 1 (2018): January 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

The registration of marriage is an administrative obligation under the provisions of ordinance number 1 of 1974 about marriage which aims to provide assurance of protection, if in the future there arises a legal act which implies the occurrence of legal consequences so that it can be proved with perfect evidence with an authentic deed as a form of certainty law. The purpose of this paper is to know about the essence of marriage registration rule article 2 section 2 of marriage ordinance number 1 of 1974. This research uses a philosophical approach that is explaining the nature and wisdom of the formal object. The conclusion of this paper is, that the registration of marriage is to provide assurance of legal protection the parties if in the future there is a problem that will result in law and to gain benefit to all people.

Analisis Faktor-Faktor Penyebab Perceraian di Kabupaten Indramayu Tahun 2018: (Studi Kasus di Pengadilan Agama Indramayu Tahun 2018) Syaefullah; Nurmahmudah
MAHAKIM Journal of Islamic Family Law Vol 2 No 2 (2018): July 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

The divorce case in the Indramayu Regency Religious Court in 2018 the divorce rate is still high, the factors that cause divorce in the Indramayu Religious Court in 2018 are economic factors of 5296 cases, leaving one party 56 cases, sentenced to 36 cases, ongoing disputes 25 cases, 5 cases of gambling, 2 cases of polygamy, 2 cases of disability, domestic violence 2 Case, forced marriage of 2 cases and apostasy of 1 case. The results of the analysis of economic factors are the main causes of divorce because many husbands do not provide for their wives and children, resulting in ongoing disputes and arguments in the household. So that many wives decided to sue her husband for 5170 people, and after divorce decided to go abroad to become migrant workers.Based on data from the BP2TKI LTS in 2018 the workforce from Indramayu is still dominated by female workers totaling 13,480 people, a factor causing divorce in Indramayu also because the education level of divorce actors is still low based on statistical data from the Indramayu Religious Court in 2018 of 3296 plaintiffs / the majority of applicants were educated only to the level of elementary school graduated

Terbit Fajar dan Waktu Subuh (Kajian Nash Syar’i dan Astronomi) Qomarus Zaman
MAHAKIM Journal of Islamic Family Law Vol 2 No 1 (2018): January 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Fajr in syar’i concept is divided into two; Fajr Kazib and Fajar Shadiq. The Fajr Kazib is time to having breakfast before doing fasting and have no salah Subuh. The second is fajr Shadiq. It is time to have no having meal (because it is fasting time) and time to do salah Subuh. Fajr Kazib arises at the early morning whose the light is not bright, but it is longer to the top of East to West vertically. Then the sky comes dark like wolf tail. While Fajr Shadiq arises at the early morning whose light is bright spreading in East horizontally. It arises just before sunrise. Time between Fajr Shadiq and the sunrise is the time for salah Subuh. In Astronomy, the word Fajr means Morning Twilight. Twilight in Astronomy is divided into three; astronomical twilight, nautical twilight and civil twilight. First, astronomical twilight is as the end of night. That is when starlight is not bright because of sunrise. The sun position is level 18 below the horizon. At that time, there ios still dark because of the sun going to rise ( an hour and 12 minutes later the sun rises). The second is nautical twilight. It looks so bright is East horizon for the sailors who are going to land. The sun position is level 12 below the horizon (48 minutes later the sun rises). The third is civil twilight. It is Fajr whose the light is so bright in which the position is level 6 below the horizon. At that time, the sunlight is so really bright, and many people do their morning activities. And then 24 minutes later the sun rises.

Kedudukan Harta Bersama Perkawinan Poligami Arif Zunaidi
MAHAKIM Journal of Islamic Family Law Vol 2 No 2 (2018): July 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Islam allows the marriage of more than one partner, provided that the husband can be fair and getpermission from the first wife. As a result of polygamous marriages, there is legal uncertainty aboutjoint assets, both in the first, second, third and fourth wives. The purpose of this paper is to find out thelegal certainty of shared assets in polygamous marriages. The method used is a normative legal researchmethod, using a regulatory approach, both Islamic law, Law Number 1 of 1974 and KHI. As a result, thereis legal uncertainty especially for the first wife based on the Compilation of Islamic Law, specifically legalprotection for the property with the wife brought in by her husband’s second marriage. According to LawNo. 1 of 1974, each wife gets a second share, whereas according to Islamic law the status of a woman’sproperty does not change with the marriage.

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.

Aktualisasi Kaidah I’tibar al-Masalih dalam Pemikiran Izz al-Din Ibn Abd al-Salam Huzaimah Al-Anshori.
MAHAKIM Journal of Islamic Family Law Vol 2 No 2 (2018): July 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Goodness actualization in the thought of imam Izz al-Din in triggering the law is not separated fromattracting good and avoiding destruction, a concept that indicates the benefit of mankind. This if weactualize it in the comunity, it will appear that goodness is a priority in assisting a law that will betriggered, provided that it does not conflict with the qur’an agreement, analogy, and istidian of the mu’tabar. maslahah (goodness) in a marriage registration, it has been mentioned in the books of fiqh. Theregulation of it is an anticipatory step from the state (goverment) to anticipate the actions that harm inone side, especially women. This is accordance with the rules. Meaning: the actions of leader/govermentfor the society are to realize the goodness. Imam izz al-Din makes the Holy Qur’an and the hadith as ajuridical basis in establishing a law. Besides that, Izz al-Din in responding to mas}lah}ah as a reference inlaw istinbat he rests on istidlal al-sahih or with the term istidlal bi al-masalih.

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Jawa timur

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Home Page

OAI Link

Editorial Team

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Contact Name Rezki Suci Qamaria

Contact Email rezkisuciqamaria@iainkediri.ac.id

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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

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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