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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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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.

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.

LEGAL STANDING KUASA ISTIMEWA UNTUK MEWAKILI MENGUCAPKAN IKRAR TALAK DALAM PERKARA CERAI TALAK Muhammad Fajar Sidiq Widodo
MAHAKIM Journal of Islamic Family Law Vol 3 No 1 (2019): January 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Talak is a marriage breaker pledge that is charged to a husband who wants to divorce his wife. Talak must be pronounced in a religious court. after permission by the Religious Court, a husband can declare his talak. However, what if a husband cannot pronounce his talak, then the best way is to represent it. The concept represents saying talak, both of which are equally permissible in Islamic law and in positive law. this paper will discuss how Legal Standing or the authority to act as a power of attorney to represent declaring talak. The purpose of this study is to explore and find concepts of special power that are not contrary to the Indonesian legal system. This research is normative research, because it examines the norms related to the granting and receiving the power of representation as part of a legal system. Then in this study using the Statute Approach and the Concept Approach to solve core problems.

VASEKTOMI DAN TUBEKTOMI PERSPEKTIF MAQASID AL-SYARI’AH Nastangin
MAHAKIM Journal of Islamic Family Law Vol 3 No 1 (2019): January 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

The Family Planning Program handled by the National Population and Family Planning Agency (BKKBN) is a form of human effort in order to overcome population problems through population control with the aim of creating a prosperous and happy family. In Indonesia, vasectomy and tubectomy is one of the contraceptives in the National Family Planning Program, considered the only safe method for family planning for men and women, can be trusted to limit offspring. Vasectomy is a family planning method for men through small surgery to cut and bind both sperm cell channels. Whereas tubectomy is sterilization for women, by cutting both the cell lines of the egg (tubal palupi) and closing them so that the egg cannot get out and the sperm cells cannot enter to meet the egg, so pregnancy does not occur. The purpose of this paper is to find out how vasectomy and tubectomy are in the perspective of Maqasid al-Syari’ah. This writing uses the Maqasid al-Syari’ah approach by explaining the nature and wisdom of its formal object. The conclusion of this paper is that limitation of offspring by vasectomy / tubectomy can be allowed in an emergency (emergency) with the aim of achieving benefit in accordance with the objectives of Islamic law (Maqasid al-Syari’ah), one of which is to protect the soul and offspring.

STUDI PEMIKIRAN IBNU QUDAMAH TENTANG NIKAH BERSYARAT Vevi Alfi Maghfiroh
MAHAKIM Journal of Islamic Family Law Vol 3 No 1 (2019): January 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Marriage is the process by which two people make their relationship public, official, and permanent. It is the joining of two people in a bond that putatively lasts until death. Marriage is the foundation of the building, and its position is very important according to the Qur’an, based on the number of verses that talk about marriage relations. Before the wedding, sometimes there are conditions agreed upon by the bride and groom or from the bride’s parents whose purpose is for the good of them.The law to make marriage agreements (conditional marriage) is permissible (muba>h}). It may or may not be done, but if the agreement is done, then the law of its implementationwas debated by the scholars.Based on the background and data analysis obtained from the research findings mention that there are two groups who have different views about conditional marriage. They are Ibn Qudamah who is a H{anbali scholar and the majority of scholars (Jumhur ulama) which includes Ima>m Sya>fi’i, Ima>m Ma>lik. and Ima>m H{anafi. This problem of dissent needs to be examined, with the opinion of Ibn Qudamah as a scholar (pentarjih). He firmly argued that if the marriage conditions had been stated, the law must be implemented. It was viewed from the istidlal method then accordingto the argument of Al-Qur’an: Al-Maídah verse 1, Al-Isra verse 34, and An-Nah}l verses 91-92, Hadiṡ Uqbah bin Amir, Fatwa Sahabat that becomes an ijma ‘, also Qiyasbecause keeping promises is a demand ofsyara’

PENYAMAAN BATAS USIA PERKAWINAN PRIA DAN WANITA PERSPEKTIF MAQASID AL-`USRAH (ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 22/PUU-XV/2017) Moch. Nurcholis
MAHAKIM Journal of Islamic Family Law Vol 3 No 1 (2019): January 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Marital Age Arrangement as ruled by UU Perkawinan and KHI is part of open legal policy category and has legal validity according to regulation of Constitutional Court (Mahkamah Konsitusi). Nevertheless, legal policy must be positioned unexceeding authority, unbreaking morality and rationality of law, not to impact intolerable injustices, and not clearly contradicting Indonesian Constitution (UUD) 1945. Hence, relating to questioning phrases in article 7 verse 1 “in 16 years old” as part of Marital Law N. 1/1974. The Constitutional Court on its court decision explains that that provision is has not binding legal force. This decision has implicated obligation of equalizating minimum age of marriage (both male and female). Then, what is maqasid al-usrah thought on this decision? To answer that question, this research will explain criteria of adulthood from Islamic Law perspective and maqasid al-usrah thought on equalizating minimum age of marrige, both male or female. Islamic Law, throught its concept of baligh and `aqil, has opinion that measure of adulthood (both male and female) is same, where they have reached 15 years of age. Biologically, male is considered adult when he released sperm firstly. And female is considered adult when she menstruasting for the first time, or her sense of smell is more sensitive, or changing vocal sound, or growing some hair around her vagina and on armpits. Equalizating marital age between man and woman is justified based on maqasid al-usrah and Islamically legal as long as its purpose is implementing the marital goals

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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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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