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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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Kesetaraan Batas Usia Perkawinan di Indonesia dari Perspektif Hukum Islam Fitri Yanni Dewi Siregar; Jaka Kelana
MAHAKIM Journal of Islamic Family Law Vol 5 No 1 (2021): January 2021
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

The minimum age limitation for marriage for citizens is in principle intended so that those who are getting married are expected to have adequate thinking maturity, mental maturity and physical strength. However, in legal arrangements regarding the age limit of marriage in Indonesia, both regulated in statutory regulations and the Compilation of Islamic Law is still a problem, as is regulated in Article 7 paragraph (1) of Law Number 1 of 1974 concerning Marriage which distinguishes between the age limit of marriage based on gender, that is for men 19 years and for women 16 years. This writing aims to find out about the equality of the age limit of marriage in the perspective of Islamic law based on the analysis of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. This research is a normative juridical legal research conducted by examining library materials or primary legal material. In normative legal research, law is often conceptualized as what is written in statutory regulations (law in books) or law is conceptualized as a rule or norm which is a benchmark for human behavior that is deemed appropriate or appropriate. The research specification used in this study is a descriptive analytical method that is related to the equality of the age limit for marriage in the perspective of Islamic law, then the conclusion is drawn using the deductive method where the regulations related to the minimum age limit of marriage in Law Number 16 of 2019 concerning Amendments to the Law Number 1 of 1974 concerning Marriage, can also be considered good and safe because it has exceeded the age limit of adulthood by Islamic jurists and does not conflict with Indonesian law and human rights.

Konstitusionalitas Poligami Dalam Perspektif Hermeneutika Hukum Islam di Indonesia Eka N.A.M Sihombing; Cynthia Hadita Hadita
MAHAKIM Journal of Islamic Family Law Vol 5 No 1 (2021): January 2021
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

The polemic of polygamy that is still being contested in Indonesia needs to be studied from the perspective of hermeneutics of Islamic law, its constitutionality, such as how Pancasila guarantees the practice of polygamy, and also in laws and regulations whose substance also regulates polygamy. The research method used in this study is a normative juridical method with a doctrinal approach. The purpose of this study is to determine the constitutionality of polygamy when examined from the hermeneutic perspective of Islamic law in Indonesia. The results showed that the First Principle of Pancasila, Article 29 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, the Marriage Law and its implementing regulations, as well as the various views of the schools allow the practice of polygamy in Indonesia.

Hegemoni Pluralitas Hukum Terhadap UU No. 01 Tahun 1974 (Studi Supremasi dan Legalitas Hukum Perkawinan di Indonesia) Mohsi
MAHAKIM Journal of Islamic Family Law Vol 5 No 1 (2021): January 2021
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Legal plurality is an indisputable part of the concept of Indonesian statehood, including the construction of marriage law. The pluralism of marriage law in Law No. 01 of 1974 is proof that the marriage law adhered to in the Indonesian legal system still refers to the pluralism and diversity system. This research will examine the plurality of marriage law from the legality aspect which has implications for its legal status, between imperative and facultative. This study uses a statute approach with an emphasis on the concept of law and legal legislation. This research concludes that the plurality of kwainan law in Law Number 01 of 1974 is a necessity in a multicultural country, because the existence of this law aims to accommodate and integrate existing laws on this Bhineka earth.

Dampak Yuridis Sumpah Li'an Berdasarkan Hukum Islam Dan Hukum Positif setiawan
MAHAKIM Journal of Islamic Family Law Vol 5 No 1 (2021): January 2021
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

The process of building a household life, of course, there are many trials that arise, not a few of these trials result in a marriage relationship that has been built for years to end in court. Referring to various sources of Islamic law, there are several forms of divorce, namely: talaq, khulu`, fasakh, `ila`, li`an, zhihar, and nusyuz. When we look at the rules about marriage in the Compilation of Islamic Law (KHI), through section 116 KHI explained, that one of the causes of divorce is the existence of adultery committed by one of the parties from both husband and wife. In the event that a divorce is carried out because of adultery and then it is resolved by means of a li`an, then there are other legal consequences that will be borne by the parties, namely husband and wife and even children of both of them are affected. In this study, researchers used the library research method. The results of the research on the legal impact of the li’an Oath on wives and children according to Islamic law; husband is free from the threat of had qadzaf, adultery that the husband accuses his wife of is right, lineage of the child the wife was carrying was only related to the mother, the wife is free from the threat of adultery, li`an caused the marriage to break up forever. Meanwhile, according to positive law; li`an caused the marriage to break up forever, lineage of the child the wife was carrying was only related to the mother, and for the husband there is no obligation to provide a living.

Analisa Terhadap Konsep Nafkah Terhadap Ketahanan Pangan Keluarga Islam Atas Wabah Covid-19 Di Kelurahan Tinalan Kota Kediri (Ditinjau Dari Maqashidi Syariah Perspektif Al-Syatibi) Nurmahmudah; Dicky Aris Setiawan
MAHAKIM Journal of Islamic Family Law Vol 5 No 1 (2021): January 2021
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

The world is in a significant economic crisis in various countries caused by the emergence of the 2019-nCoV(Novel Coronavirus).This pandemic not only attacking human lives also caused a crisis in the country’seconomy.This can be seen significantly in household life, especially in Tinalan Village which in fact is positivelyaffected by corona.The government’s regulation on the handling of the 2019-nCoV is the implementation ofthe PSBB (Large-Scale Social Restrictions), directly demands that all community activities be recommended tobe implemented in the home.Thus, with the emergence of the 2019-nCoV is hampering the regional economyas well as the household economy, one of them is household food security.This is factored by monthly income,family members, and monthly expenses in one house.This study will examine how the concept of living onfood security of Islamic families sees the phenomenon of the Covid-19, specifically by the Islamic family ofTinalan Village, Kediri city by reviewing from the sharia maqashidi al-Syatibi perspective. A total of 160respondents were selected as research samples in March to May 2020 to be reviewed according to the contextof the study. The people of Tinalan Village understand this situation, so they adapt to the governance of theirhousehold spending expenditures.This is in accordance with the principles of marriage prescribed by Islamand reaffirmed in al-Syatibi’s maqashidi shari’ah.

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

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

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

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

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

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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Jawa timur

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Home Page

OAI Link

Editorial Team

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Reviewer

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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

Abstract

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Abstract

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