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Taufid Hidayat Nazar
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Syakhshiyyah Jurnal Hukum Keluarga Islam
Published by Institut Agama Islam Negeri Metro Lampung
ISSN : -     EISSN : 29865409     DOI : https://doi.org/10.32332/syakhshiyyah
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 96 Documents
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Pengasuhan dan Perlindungan Anak dalam Undang-Undang Negara Muslim(Meninjau Resiprokalitas Keluarga dan Negara) Maliki, Ibnu Akbar; Nurhidayati, Nurhidayati; Erwinsyah, Mardan
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 3 No 1 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v3i1.7028

Abstract

The purpose of this article is to find out the pattern of child care and protection in Muslim countries. The research method used is a documentation study of laws and regulations in Muslim countries such as Indonesia, Egypt and Tunisia. These three countries have the same pattern and orientation in child protection, which elaborates the role of the family and the state. The practical contribution of this article will provide a counter narrative to the phenomenon of violence against children that occurs in Muslim countries. The results show that child care and protection is one of the main priorities in the wheels of government in Muslim countries. The efforts made are very complex, ranging from the establishment of policies to the empowerment of formal and non-formal institutions. Partnerships and co-operation start from the family as the smallest social institution by involving all members to be actively involved in childcare, namely husband and wife. In addition, specially established government institutions also actively support the protection of children to ensure their survival and safety.
Dinamika Perbedaan Pendapat Ulama Terkait ketentuan al¬-Maur ṹṣ atau Harta bersama bagi Janda dan Duda Setelah Formulasi Kompilasi Hukum Islam. Is, Muhammad Fadhlan
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 3 No 1 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v3i1.7032

Abstract

One of the important studies in Islamic family law is the provision of inheritance. Inheritance provisions are often a source of disputes within the family, especially in determining who is entitled to receive an inheritance. One form of progress in Islamic law in Indonesia is the formulation of the Compilation of Islamic Law. Article 97 of the Islamic Law Compilation stipulates that the share of inheritance for widows and widowers states that "The divorced widow or widower is each entitled to half of the joint property as long as it is not specified otherwise in the marriage agreement. The application of this article has received a response from the clergy and mass organizations in the country. The type of research used in this research is library research. The primary data source looks at the results of the Muhammadiyah Tarjih Council Decisions and the Decisions of Bahsul Masa'il Nahdhatul Ulama after 1991. The results of the study show the fact that there is a response to the acceptance of joint property provisions in KHI. First, from Bahtsul Masa'il NU, it was stated that the provisions for shared assets in KHI had not been accepted, divided automatically 50:50 because there was no ṣigat in the consent and qabul when the marriage contract, the automatic distribution of 50:50 was invalid because all the heirs who were still alive had not agreed. Both of the Muhammadiyah Tarjih Council can accept joint property provisions. According to Muhammadiyah, shared assets can be attributed to the concept of syirkah abdan (kongsi) in classical fiqh. Because husband and wife both contribute energy, help to meet household needs. Another reason is because the provisions on shared assets can be categorized as 'urf authentic which has been widely practiced in various regions in Indonesia.
Perkawinan Antara Warga Negara Indonesia dan Warga Negara Asing dalam Melindungi Hak Perempuan dan Anak (Implementasi UU Nomor 12 TAHUN 2006 Tentang Kewarganegaraan RI) Midia, Fredy Gandhi; Apriyana, Dian; Duta, Achmad Arya
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 3 No 1 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v3i1.7075

Abstract

Mixed marriage is a marriage between people of different nationalities, one of whom is an Indonesian citizen. In this regard, in 2006 the Citizenship Law of the Republic of Indonesia No. 12 which aims to protect women who marry foreigners as a result of mixed marriages and their children. Legal issues can arise in mixed marriages, including issues related to the nationality status of either husband or wife and the citizenship status of the children. The purpose of this writing is to study and understand Law no. 12 of 2006 in defending the rights of women and children in mixed marriages. The data collection method is in the form of document study research derived from secondary data which is then analyzed using a qualitative descriptive method. The results of the discussion show that Law no. 12 of 2006 in essence prohibits discrimination and protects the rights of wives and children of Indonesian citizens who are intermarried and foreigners in the Republic of Indonesia.
Judge's Discretion in Deciding Marriage Dispensation Cases at the Sukadana Religious Court Jamil, A.; Nirmala, Cut Aja Sela; Putri, Inge Maulidina
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 3 No 1 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v3i1.7255

Abstract

Discretion means independence and authority. Independence from the essence of discretion is independence and freedom to take appropriate actions. At the same time, authority is the power of decision in determining the applicable law. The nature of this discretion is following the position and authority of the judge as the executor of legal power. As expressly stated in the Constitution, judges are independent judiciary administrators and this is following Article 24 of the 1945 Constitution which refers to Article 21 of RI Law No. 4 of 2004 and its relation to legal freedom in marriage. and regarding the relationship with the marriage dispensation case, the judge based on the evidence will confirm the facts, namely that there is a valid reason according to law for the dispensation and after there is a reason, the judge will consider the law. The research used by researchers in this study is empirical or sociological legal research. Empirical or sociological research or field research. The nature of this research is descriptive. Descriptive research. Prescriptive research is research that aims to provide an overview or formulate a problem based on existing conditions or facts. The results of the study show that judges do not only base their decisions on laws and regulations but also use their power and freedom to make fair decisions based on their conscience. The judge granted many divorce requests submitted to the Sukadana Religious Court. This is because the judge prioritizes the concept of maslahah. The wisdom of the judges of the Sukadana Religious Court in accepting applications for marriage certificates is included in the category of "Hifd al-Nasl" (safeguarding offspring) in the Maqashid Syariah theory. This effort is seen as a way to prevent the applicant's child from committing adultery.
Pemahaman Masyarakat tentang Harta BersamaPerspektif Hukum Positif Indonesia Melinda, Nely; Sakirman
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 3 No 2 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v3i2.7512

Abstract

Joint assets in marriage are a combination of all assets obtained after the formation of marital status through a legal bond and are also defined as assets that are owned by both parties (husband and wife) or assets in joint names that are acquired simultaneously by husband and wife during the marriage takes place. Indonesian Positive Law which consists of Law no. 16 of 2019 concerning Marriage, the Compilation of Islamic Law, and the Civil Code (KUHP) also regulates the use of joint property objects in marriage in harmony with each other, which states that each party has the same rights to joint property and One of the parties can act, such as transferring, donating or selling joint property with the consent of both parties. This research uses field research with qualitative methods which aims to gather information from the people of Central Metro Yosomulyo regarding understanding of joint property using the Indonesian positive law approach as an analytical tool. This research is normative-sociological in nature because this research uses Indonesian Positive Law as a reference, namely making humans or society as objects, by examining the understanding of the Yosomulyo community regarding collective property which is then analyzed by referring to the perspective of Indonesian Positive Law. The finding from this research is that the public's understanding of the rules for using joint marital property objects is not in accordance with normative rules.
The Role of Family Law in Confronting Polygamy Practices in Contemporary Society Abdulah Pakarti, Muhammad Husni; Utama, Sofyan Mei; Farid, Diana; Mabruri, Kemal Al Kautsar; Fathiah, Iffah
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 3 No 2 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v3i2.7614

Abstract

Polygamy is a marital practice in which a man simultaneously has more than one wife. In contemporary society, this practice often poses various legal and social challenges. This study aims to analyze the role of family law in regulating polygamy, protecting individual rights, and maintaining a balance between religious freedom and women's rights. Family law plays a central role in ensuring that polygamy is conducted with the principles of justice, equality, and protection of the wives' rights. This research uses a qualitative method with a literature study approach. In contrast, this research's primary and secondary sources are journals published with national and international reputation indexes, as well as books, laws, and so on that support this research. Data analysis uses description analysis, data following the actual, and then the data is compiled, processed, and analyzed to provide an overview of the existing problems. The results show that polygamy remains a controversial issue in contemporary society. Family law is essential in regulating and dealing with this practice, significantly impacting individuals, families, and communities. This research provides a further understanding of the complexity of the role of family law in the context of polygamy. It can serve as a basis for further discussion on regulating and protecting individual rights in a changing society.
Implikasi Hukum pada Transeksual terhadap Pembagian Waris Perspektif Hukum Islam dan Hukum Positif di Indonesia Hapsari, Vivi; Hidayat, Riyan Erwin
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 3 No 2 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v3i2.7714

Abstract

Transsexual in Indonesia are considered deviants, although the phenomenon of Transsexual in our society is no longer a new fact, deviant behavior is still considered abnormal and even considered a disease. Transsexuals are prohibited by Islam as stated in the Al-Qur'an and hadith, this is contrary to the positive law in Indonesia where Transsexuals enjoy legal legality. The legality and legal status obtained by Transsexuals in Positive Law in Indonesia has a big impact in various aspects. One aspect that is affected by the existence of Transsexuals is Inheritance Law. This research aims to determine the legal implications for Transsexual perpetrators in the distribution of inheritance from the perspective of Islamic Law and Positive Law in Indonesia. This research is normative legal research which refers to literature studies in the field of law using a conceptual problem approach and a case approach. The research findings show that the law of changing sex on purpose is not permissible according to Islamic law. This is in accordance with the word of God in the Qur'an, the Hadith of the Prophet, and the MUI Fatwa. With the legalization of a Court Order, it raises two implications or possibilities that lead to opposite results. On the one hand, the distribution of inheritance must be in accordance with the initial gender at birth and on the other hand, the distribution of inheritance can be adjusted to the new gender in accordance with the legality obtained from the court's decision.
Pengaruh Pemahaman Masyarakat terhadap Pergantian Nasab Anak oleh Ayah Angkat Perspektif Hukum Islam (Studi Kasus Desa Jabung Lampung Timur) Mu'in, Fathul; Yanti, Meli
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 3 No 2 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v3i2.7926

Abstract

An adopted child often has his lineage transferred to his adoptive father. A child's nasab (lineage) in Islam is very important, nasab is the goal of Islamic law,especially Hifzu Nasab, so it must be protected by the family. An adopted child's lineage is only passed on to his biological father, even if the child is adopted from childhood, he still cannot transfer his lineage from his biological father to his adoptive father, however, the prohibition on transferring his lineage to his adoptive father is also explained in Islamic law. A child's lineage that is not suitable will bring disaster to that child, as happened in Jabung Village, East Lampung. The type of research carried out by researchers is field research using qualitative methods. Meanwhile, the data collection techniques used include observation, interviews and notes. Regarding the analysis technique used, namely using inductive thinking, inductive is a way of thinking that arises from specific data and empirical facts in the field which are synthesized, processed, studied, then the meaning is drawn in the form of general conclusions. This research uses an approach with Islamic legal theory, especially those related to lineage and adoption. From this research, it can be concluded that in the community's understanding of changes in children's lineages carried out by adoptive fathers in Jabung village, East Lampung, some people make their foster children their bloodlines. Factors that influence social ignorance are education and tradition. Islamic law prohibits adoption by affixing the adoptive father's name to the adopted child.
Kesesuaian antara Fatwa Yusuf Qardhawi dan KHI terkait Wali Mujbir dan Wali Nikah Yusrizal, Navis
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 3 No 2 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v3i2.8005

Abstract

There are divisions, friction and disagreements in the household that reach the divorce line. Usually, these things are caused by incompatibility between the husband and wife; one of the causes is forced marriage or mujbir guardian. Ulama also has different opinions regarding the marriage guardian and the mujbir guardian. This research examines Yusuf Qardhawi's fatwa and its relevance to KHI. There are three formulations for this research, namely: What is Yusuf Qardhawi's view of mujbir guardian and marriage guardian? and what is their relevance to KHI? the method researchers chose here is library research with a qualitative approach. Data sources include primary data from Yusuf Qardhawi's fatwa and KHI. Meanwhile, secondary data is in fiqh books, journals and others. From the analysis that the author has carried out, Yusuf Qardhawi rejects the opinion that allows guardians forced on girls because several hadiths require consultation with girls when they want to get married, so the sign is that they are not allowed to marry without their consent, and also have to look at the historical framework in Imam Syafi'i's era where women did not have the ability to choose a partner, is different from this era where women's education is equal to that of men. Yusuf Qardhawi's opinion is relevant to KHI article 16, paragraph 1. Yusuf Qardhawi also allows marriage without a guardian, as is Hanafi opinion; this is not relevant to KHI in article 14, which makes the guardian one of the pillars.
Progressive Steps in Reforming Indonesian Islamic Family Law Through Gender Studies Azhari, Doni; Asmuni, Asmuni
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 3 No 2 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v3i2.8020

Abstract

This article examines Indonesia's urgent need to update Islamic family law to reflect modern dynamics, technological advancements, and universal justice principles. The primary goal of reform is to elevate women's status by upholding, defending, and expanding their rights in line with Sharia law. The research methodology examines the history and foundation of family law reform in the context of Islamic law through a review of the literature and document analysis. The primary forces behind Islamic law reform in Indonesia include the need to close legal gaps, the effects of economic globalization, and the influence of reformed Islamic legal thought. The study's conclusions include the identification of a number of particular areas within Islamic family law that need to be changed, such as women's rights in the home, divorce, and inheritance. In order to address gender inequality and create a society that is more inclusive and just, these reforms are thought to be essential first steps.

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