Syakhshiyyah Jurnal Hukum Keluarga Islam
Syakhshiyyah Jurnal Hukum Keluarga Islam is a scientific, peer-reviewed and open access interdisciplinary journal published twice a year (June and December). This journal is the result of a collaboration between Institut Agama Islam Negeri (IAIN) Metro Lampung and the Association of Indonesian Family Law Lecturers (ADHKI). This journal is managed by the Ahwal Syakhshiyyah Study Program, Faculty of Sharia. The Journal of Islamic Family Law Syakhshiyyah provides a means for ongoing discussion of relevant issues that fall within the focus and scope of the journal, which can be examined empirically. The journal publishes research articles covering aspects of Islamic Family Law, Islamic Inheritance Law, and Review of Religious Court Decisions. The breadth of coverage of the Islamic Family Law context published by this journal not only covers local and regional dimensions but includes national to international dimensions.
Articles
104 Documents
<![CDATA[Model Perkawinan Sirri dan Akibat Hukum Bagi Anak dan Istri ]]>
<![CDATA[Suprayogi, Rizqi]]>;
<![CDATA[ , Fredy Gandhi Midia]]>
<![CDATA[ Syakhsiyah Jurnal Hukum Keluarga Islam Vol 2 No 2 (2022): Syakhshiyyah Jurnal Hukum Keluarga ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Metro ]]>
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DOI: 10.32332/syakhshiyyah.v2i2.6163
<![CDATA[Marriage holds significant value and wisdom in human life, especially in the pursuit of happiness for those who enter into it. Building a good and happy family is the primary goal in every marriage. However, in practice, Islamic law often faces challenges in achieving this goal. One such challenge is unregistered (sirri) marriage, which, from the outset, allows for the potential emergence of harm within the household. Sirri marriage comes in various forms, such as not being registered by the state, not being publicly disclosed, or lacking witnesses in the process. The state does not accommodate the legal consequences arising from sirri marriages for the children and wives involved. Therefore, protection for children and wives affected by sirri marriage must be ensured to guarantee their justice and well-being.]]>
<![CDATA[Perbandingan Sumber-Sumber Hukum dan Karakteristiknya dalam Kajian Syariah dan Perundang-Undangan ]]>
<![CDATA[ , Ja'far Shodiq]]>;
<![CDATA[Muhammad Syakir Al Kautsar]]>
<![CDATA[ Syakhsiyah Jurnal Hukum Keluarga Islam Vol 2 No 2 (2022): Syakhshiyyah Jurnal Hukum Keluarga ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Metro ]]>
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DOI: 10.32332/syakhshiyyah.v2i2.6167
<![CDATA[This research examines the comparison between conventional pawning and sharia pawning in the context of Indonesian law. Using library research methods, this study analyzes legal sources, characteristics, operational mechanisms, as well as views of Islamic law and legislation on pawnshop practices. The research results show that although there are similarities in several aspects, sharia and conventional pawning have fundamental differences in their operational principles and legal basis. Sharia pawning is based on the Koran, Hadith and ulama fatwas, and operates without the element of usury, while conventional pawning is regulated in the Civil Code and applies an interest system. This study also outlines the rights and obligations of the parties involved in pawn transactions, as well as the risks and benefits that accompany them. In conclusion, although both aim to meet people's needs for loans with collateral, sharia pawning offers an alternative that is more in line with Islamic principles in transactions.]]>
<![CDATA[Perkawinan Beda Agama (Tafsir Ayat Ahkam) ]]>
<![CDATA[ , Huzaini ]]>
<![CDATA[ Syakhsiyah Jurnal Hukum Keluarga Islam Vol 2 No 2 (2022): Syakhshiyyah Jurnal Hukum Keluarga ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Metro ]]>
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DOI: 10.32332/syakhshiyyah.v2i2.6168
<![CDATA[Talking about interfaith marriage is no longer a new phenomenon but has become commonplace in society and even become a trend among celebrities. However, in interfaith marriages, we often encounter questions about whether or not interfaith marriages are legal and the law in Islam, whether the man or woman is Muslim. Life like this is a necessity that has become the nature or instinct of every human being. Therefore, Islam pays considerable attention to this marriage issue, including marriages between people of different religions or interfaith marriages. Religious texts prohibit Muslim marriages with polytheists. In general, apart from the laws in force in Indonesia, religious teachings also become a "barrier" to marriage. So that most of them took the initiative to carry out marriages abroad or in other ways, namely holding marriages according to the religions of both parties. In this case, those who hold a view based on relativism on religious truth and benefit do not make a problem of marriage between a Muslim and a non-Muslim, both male and female. ]]>
<![CDATA[Relasi Antara Lafaz-Lafaz dalam Ushul Fiqh dengan Problematika Hukum Keluarga ]]>
<![CDATA[Mahmudah, Nurul]]>;
<![CDATA[Octora, Nency Dela]]>
<![CDATA[ Syakhsiyah Jurnal Hukum Keluarga Islam Vol 2 No 2 (2022): Syakhshiyyah Jurnal Hukum Keluarga ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Metro ]]>
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DOI: 10.32332/syakhshiyyah.v2i2.6169
<![CDATA[This paper discusses the understanding of pronunciation in ushul. The fiqh that needs to be known is due to the existence of clear and unclear pronunciation and how it relates when analyzing family law problems/ problems such as the problem of registering marriages. This paper makes use of descriptive qualitative research methods. Literature study becomes a reference for material reviewers and is analyzed in depth. As for the results of this paper, Judging from the kezahiran a lafaz, the recording of a marriage contract is legally obligatory as is required in a mu`amalah contract. Written evidence can be used for matters relating to the continuation of the marriage contract. With this evidence, the couple can avoid harm in the future because this written evidence can legally process various household issues, especially as the most valid evidence in religious courts.]]>
<![CDATA[Seangkonan dan Relevansinya Dengan Prinsip Kafa’ah Dalam Perkawinan Islam ]]>
<![CDATA[Indra, Gandhi Liyobra]]>;
<![CDATA[Binta Daratun Nafisa]]>;
<![CDATA[Hasanuddin Muhammad]]>;
<![CDATA[Susiasidi]]>
<![CDATA[ Syakhsiyah Jurnal Hukum Keluarga Islam Vol 2 No 2 (2022): Syakhshiyyah Jurnal Hukum Keluarga ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Metro ]]>
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DOI: 10.32332/syakhshiyyah.v2i2.6171
<![CDATA[The purpose of writing this article is to analyze the relevance of seangkonan in Lampung pubian traditional marriages with the principle of kafa'ah in Islamic marriages. This is based on the fact that in the Lampung Pubian tradition, if someone who is going to marry one of the couples does not come from the Lampung Pubian tribe, the person concerned must follow the Seangkonan tradition. This tradition is a condition for the candidate to be recognized according to custom and marry according to custom. If you do not follow this tradition, the person concerned will be subject to sanctions. This research is a field research that is descriptive qualitative in nature with the main data coming from interviews. The results of Seangkonan in the context of efforts to equalize positions are in line with the concept of kafa'ah in Islam. This is because seangkonan in the Lampung pubian custom is an attempt to recognize an equal position. Only in a formal legal context, there is nothing formal that underlies the permissibility of seangkonan in the Lampung pubian custom as one of the things that must be done by couples who are about to get married. This is precisely what causes harm.]]>
<![CDATA[Eksistensi dan Standarisasi Pemeriksaan Perkara Dispensasi Kawin Berbasis Kepastian Hukum ]]>
<![CDATA[Hidayatullah, Muhammad Syarif]]>;
<![CDATA[Wahyudi, Firman]]>;
<![CDATA[Saipullah, Saipullah]]>
<![CDATA[ Syakhsiyah Jurnal Hukum Keluarga Islam Vol 3 No 1 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Metro ]]>
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DOI: 10.32332/syakhshiyyah.v3i1.6485
<![CDATA[This paper aims to analyze the existence of marriage dispensation with the handling of cases and the standardization of case examinations based on legal certainty. This study is based on normative legal research with a statutory approach and a conceptual approach. The presence of a marriage dispensation is the cause of marriages that have not reached the minimum age of marriage according to applicable law. The determination of the age limit of marriage is influenced by the 'urf that prevails in society by considering various advances that do not conflict with Islamic law. Religious Courts as parties that have authority in issuing marriage dispensations, must consider various aspects before approving applications for marriage dispensations such as sharia, sociological, psychological, juridical, and health aspects. Juridically with the provisions contained in article 5 of the Marriage Law, the phrase "very urgent reasons" opens up a space for diverse interpretations (multi-interpretation) for judges in dealing with marriage dispensation because the context of this phrase is in a general, not particular, meaning. There needs to be standardization in the case of this marriage dispensation application so that there is a unity of mind that realizes legal certainty.]]>
<![CDATA[Kawin Hamil Perspektif Mazhab Fikih, Kompilasi Hukum Islam dan Maqāshid Syarī’ah (Sebuah Kajian Komprehensif) ]]>
<![CDATA[Fathoni, Muhammad Nur]]>;
<![CDATA[Angkasa, Nawa]]>;
<![CDATA[Tarmizi, Tarmizi]]>
<![CDATA[ Syakhsiyah Jurnal Hukum Keluarga Islam Vol 3 No 1 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Metro ]]>
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DOI: 10.32332/syakhshiyyah.v3i1.6797
<![CDATA[Marriage based on the provisions of Allah and His Messenger will make a happy household in this world and the hereafter based on sharia. The development of current trends in communication, information and technology can disrupt the noble value of marriage if it is misunderstood and misused. The real negative impact that occurs in society is the increasing number of women who become pregnant outside of marriage due to promiscuity. This study aims to examine the law of pregnant marriages in terms of three legal perspectives; Mazhab Fikih, Compilation of Islamic Law (KHI) and Maqāshid Shariā'h. This research is literature research with a literature approach. This type of research is library research with a document study approach where primary and secondary data are obtained from books, journals, books and references that discuss pregnant marriages. The results of this study found that the Ulama Mazhab Fikih discusses the act of pregnant marriage in Fikih and there is khilafiyyah related to the provisions and conditions for pre-marrying women who are pregnant outside of marriage and after marriage. The Compilation of Islamic Law (KHI) which regulates pregnant marriages in article 53 has fulfilled the five main objectives of sharia (adh-Dharūriyyah al-Khamsah); maintaining religion, soul, intellect, offspring/honor, and property after being reviewed with Maqāshid Sharī'ah.]]>
<![CDATA[Keberadaan BP4 Lampung Selatan dalam Mengatasi Perceraian pada Aparatur Sipil Negara (ASN) Tenaga Medis ]]>
<![CDATA[Salsabila, Fairuz]]>;
<![CDATA[Bin Has, Qoiz Azizah]]>
<![CDATA[ Syakhsiyah Jurnal Hukum Keluarga Islam Vol 3 No 1 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Metro ]]>
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DOI: 10.32332/syakhshiyyah.v3i1.6939
<![CDATA[As a marriage counselor, coach and preserver, the Advisory Board for the Development and Preservation of Marriage (s an important role in maintaining the integrity of the household. However, in reality BP4 still has not carried out its role and function optimally. This can be seen in divorce cases that have become a common problem in all circles of society. The purpose of this research is to find out why the existence of BP4 is unable to prevent divorce, especially the State Civil Apparatus in medical personnel. This research uses a qualitative descriptive method with a psychological approach. The results of this study indicate that the existence of BP4 can be said to be not well established. Although it has been established since about 60 years ago, in fact BP4 is still unable to prevent divorce. One of the reasons is because BP4 does not get material and non-material support from the government, so that in its movement BP4 experiences many limitations. Furthermore, the results of interviews and documentation related to divorce in medical personnel, show that infidelity, lack of physical and mental maintenance, quarrels and disputes, and not having offspring, are the background for medical personnel to divorce. Based on this explanation, it can be concluded that divorce that occurs in medical personnel has similarities to divorce that occurs in society in general. This shows that divorce is not related to a profession.]]>
<![CDATA[Tradisi Pesurung Adat dalam Pernikahan Masyarakat Kabupaten Melawi Kalimantan Barat ]]>
<![CDATA[Yusuf, Yusuf]]>
<![CDATA[ Syakhsiyah Jurnal Hukum Keluarga Islam Vol 3 No 1 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Metro ]]>
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DOI: 10.32332/syakhshiyyah.v3i1.7002
<![CDATA[One of the characteristics of Islamic Syari'ah is the elimination of difficulties and ease ('Adamul Haraj wat At-Taysir). Many verses of Al-Qur'an and Hadist of the Prophet explicitly explain about this. In fact, this feature can be found in all provisions of the Syari'a, like in a marriage. However, Indonesian society is a society that really keep the richness of culture and customs in a marriage. Even with strict requirements, these customs traditions are considered to be used as a benchmark and consideration in determining law. This article will examine the phenomenon of the Pesurung Adat tradition, in the perspective of Al-'Urf and the principle of eliminating difficulties and facilitating ('Adamul Haraj wat At-Taysir) so that the Pesurung Adat tradition can be seen from the perspective of Islamic law properly. This study analyzes the tradition of Pesurung Adat in the people of Kayu Baong Hamlet, Pekawai Village, Sayan District, Melawi Regency, West Kalimantan. Data obtained by interview method on this tradition. The results showed that this tradition that has been passed down for generations is Al-'Urf As-Shahih (The true tradition), does not contradict the postulates of nash, and as a form of cultural diversity owned by the Indonesian state. The tradition of Pesurung Adat cannot be considered contrary to the principle of 'Adamul Haraj wat At-Taysir because the bridegroom does not object to fulfilling this tradition. If the bridegroom does not have the financial means, the Dewan Adat has agreed that if the bridgroom is unable to fulfill this tradition of Pesurung Adat then he will not be forced to obligate. The findings and studies in this study can be a guide to look at the traditions surrounding marriage, especially those related to giving some finances both before and after the wedding.]]>
<![CDATA[Representasi Perempuan dalam Proses Legislasi:Catatan Sejarah Undang-Undang Nomor 46 Tahun 1946 dan Undang-Undang Nomor 1 Tahun 1974 ]]>
<![CDATA[ , Mufliha Wijayati]]>
<![CDATA[ Syakhsiyah Jurnal Hukum Keluarga Islam Vol 2 No 2 (2022): Syakhshiyyah Jurnal Hukum Keluarga ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Metro ]]>
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DOI: 10.32332/syakhshiyyah.v2i2.7006
<![CDATA[This Article explain the involvement of women’s organization in the legislation process of marriage regulations in Indonesia. The research data for this study was obtained from a literature review on history of Islamic Family law reform in Indonesia and an examination of the surrounding historical context. The involvement of women in the legislative process aims to ensure that regulations on marriage and divorce in Law number 22 of 1946 ang Law number 1 of 1974 do not result in discrimination and violence againt women but instead provide protection and equality for all parties involved. Trough astudy of literature on family law reform, specially regarding divorce regulations, this article enables readers to understand that the struggle for justice and equality in family relations must continue beyond the legislative process and extend to the implementation level, as well as efforts to improve the reforms.]]>
