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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 99 Documents
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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.
Perkawinan Siri Sebab Tidak Memiliki Akta Perceraian dari Perkawinan Sebelumnya (Studi Kasus di Desa Sedayulawas Kecamatan Brondong Kabupaten Lamongan) Nadya Khoiriyah; Moh. Nafik; Moch. Choirul Rizal
MAHAKIM Journal of Islamic Family Law Vol 7 No 2 (2023): July 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i2.218

Abstract

The magnitude of the practice of unregistered marriages that occurred in Sedayulawas Village is the main point the problem in this research is that the factors are very diverse, ranging from pregnancy outside the marriage, economy, desire for polygamy, avoiding adultery, and divorce are not recorded. Then the factor that becomes the focus of this research is unregistered divorce (not before the Court) with the highest number of perpetrators, namely ten people who have an impact on the occurrence of a second marriage in a series, because there is one of the administrative requirements which cannot be fulfilled is the divorce certificate. The interesting thing about the serial marriage, which is carried out by the wife, which if it is considered in the positive legal status that applies in Indonesia, she is still married to her first husband. This type of research is classified as an empirical legal research type with a static socio-legal or legal sociology. The data analysis technique used in empirical legal research is to take a systematic and factual picture. The results showed that the practice of unregistered divorces that occurred in Sedayulawas Village, Brondong District, is caused by several things, such as the economy, lack of understanding of the importance of recording divorce, and distance Courts far from the village. The practice of unregistered divorce is carried out very diverse ranging from vows of divorce verbally and in front of the village mudin (not before the Court) whose position does not have permanent legal force or is not recognized by the state. Because the implementation of divorce must be in accordance with the rules applied both in Undang-Undang Perkawinan Nomor 1 Tahun 1974 and Kompilasi Hukum Islam, if it is done outside of these rules then the divorce is not valid though has complied with religious rules.
Mediasi yang Berhasil dalam Perspektif Yuridis Normatif dan Sosiologis Indana Zulfa; Moch. Muwaffiqillah
MAHAKIM Journal of Islamic Family Law Vol 7 No 2 (2023): July 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i2.220

Abstract

Mediation is an effort to resolve cases that are integrated with the judicial process. However, successful mediation is often seen only in withdrawing the lawsuit completely and ignoring other things. This research aims to determine the form of successful mediation from a normative juridical and sociological perspective. The research method used by researchers is normative juridical research with a statutory approach, by conducting a comprehensive study of primary legal materials, namely PERMA No. 1 of 2016 concerning Mediation Procedures in Court and secondary legal materials, namely articles about mediation. The research results obtained prove that mediation is a mandate from PERMA No. 1 of 2016 expected to resolve cases without going through examination at trial. Referring to Articles 29, 30, and 31 PERMA No. 1 of 2016, it can be understood that the form of a peace agreement through mediation can be said to be successful not only when the lawsuit regarding the object of the case is completely withdrawn. The withdrawal of some of the defendants and some of the objects of the case can also be said to be successful mediation in normative juridical terms. However, sociologically successful forms of mediation can be seen from the mediation that has been carried out by several Religious Courts in Indonesia which shows that the success of mediation is represented by the withdrawal of the entire lawsuit, although this does not deny the withdrawal of some of the defendants or objects of the lawsuit. However, it is as if the withdrawal of some of the defendants or objects of the lawsuit is considered not the real success of the mediation.
Kedudukan Perempuan dalam Sejarah Islam dan Pengaruhnya terhadap Hukum Keluarga Islam di Indonesia (Studi Analisis Kompilasi Hukum Islam) Rohmansyah Rohmansyah; Darlin Rizki
MAHAKIM Journal of Islamic Family Law Vol 8 No 1 (2024): January 2024
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v8i1.229

Abstract

Socio-historically, the role and contribution of women often do not receive the attention they deserve in the history of Islamic civilization. Many historical records tend to emphasize male figures and ignore or underestimate the contributions of women. This creates a significant gap in understanding regarding the position and role of women in Islamic history. This paper tries to describe two things. First, the position of women in Islamic history. Second, the implications of women's position in Islamic history on Indonesian family law. Because, basically, the process of forming laws in Indonesia is the position of women in the past. This type of research, using literature research with the research properties of descriptive-prescriptive analysis. While the approach used is the historical approach.  The results of this study show: First, the portrait of the position of women in Islamic history, especially in pre-Islamic and Islamic thought (interpretation and jurisprudence) women are placed in the second position after men. Second, the family law that was formed was a lot of descriptive content, exploitation, because it was formed based on the history of women's position in Islam which was charged with male culture.
Pemberian Hak Administrasi Kependudukan Bagi Pasangan Kawin Belum Tercatat Perspektif Tujuan Hukum Gustav Radbruch Mohammad Wildan Raja Mahasina; Isroqunnajah Isroqunnajah; Khoirul Hidayah
MAHAKIM Journal of Islamic Family Law Vol 7 No 2 (2023): July 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i2.239

Abstract

This study's purpose is to see the application of policies to accommodate population administration rights for unregistered married couples at the Population and Civil Registration Office of the Gresik Regency. This research is field research presented with a qualitative descriptive approach based on Gustav Radbruch's theory of legal objectives. Data is obtained by going directly to the field by conducting interviews with relevant department employees and documentation. The results of this study indicate that the provision of population administration rights for unregistered married couples at the Population and Civil Registration Office of Gresik Regency is following policy procedures and does not violate the rules. Based on Gustav Radbruch's idea of legal philosophy about the purpose of law, the granting of population administration rights for unregistered married couples has fulfilled the elements of legal objectives, namely justice, legal certainty, and legal benefits. Legal justice is indicated by the fulfillment of the constitutional rights of unregistered married couples to obtain public services equally. Married couples who do not have a marriage certificate or marriage certificate can still record their marriage as husband and wife on the family card. Legal certainty is indicated by the fulfillment of procedures by applicable regulations. Legal expediency is indicated by the fulfillment of the civil rights of children of unregistered married couples in the form of ownership of birth certificates containing the names of the father and mother parents.
Urgensi Penggunaan Surat Keterangan Waris dalam Peralihan Hak sebagai Upaya Perlindungan dan Kepastian Hukum Ahli Waris Avisena Aulia Anita; Muhammad Fajar Sidiq Widodo
MAHAKIM Journal of Islamic Family Law Vol 7 No 2 (2023): July 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i2.245

Abstract

Transfer of rights occurs due to inheritance, which requires a Certificate of Inheritance as a requirement in processing the transfer of rights, especially those transferred due to Inheritance. This is stipulated as a condition for inheritance because the Inheritance Certificate is proof of the condition of the person who died (heir), the inheritance (boedel), and who the heirs are left behind. Not only that, this is also an effort to provide legal protection and certainty for heirs. The research method uses normative juridical, as well as statutory and conceptual approaches. Using descriptive analysis which aims to describe various problem formulations and provide solutions related to the problem formulations above. From the research, it was found that the issuance of a Certificate of Inheritance by an agency is considered important because it is a tool to facilitate the management of the transfer of rights that occurs due to inheritance, especially for heirs as users of the Certificate of Inheritance and one thing is certain wherever the Certificate of Inheritance is made and issued either through a Notary, Inheritance Hall or sub-district will have permanent, binding legal force and be legally valid.

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