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Al Fuadiy: Jurnal Hukum Keluarga Islam
Published by Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember
ISSN : 29646480     EISSN : 29617308     DOI : 10.55606
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Materi yang disajikan meliputi studi tekstual dan studi lapangan dengan multi perspektif tentang Hukum Keluarga Islam, wacana Islam, gender, (legal drafting) Hukum Perdata Islam, Hukum waris Islam, hukum pidana Islam dan wakaf.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol. 5 No. 2 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam" : 7 Documents clear
Hukum Waris Dan Pembagian Waris Di Indonesia Muhammad Al Mansur; Shally Fiqih Alvani; Nova Arianti
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v5i2.569

Abstract

Islamic Sharia establishes inheritance rules in a very regular and fair form. It stipulates the right to property ownership for every human being, both men and women, in a legal manner. Islamic Sharia also stipulates the right to transfer ownership of a person after death to his heirs from all his relatives and lineages. Islam details and explains through the Qur'an al-Karim the share of each heir with the aim of realizing justice in society. Inheritance according to Civil Law is inheritance law in the form of a set of legal provisions that regulate legal consequences. Traditional inheritance law is actually the law of passing on wealth from one generation to its descendants.
Implikasi Pernikahan Beda Agama Dalam Fiqh Islam Terhadap Kewargangaraan Dan Identitas Anak Latifah Hannum Gultom; Johana Andriani Nainggolan; Agung Torang Sitohang; Syuratty Manalu
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v5i2.602

Abstract

Interfaith marriage has become a topic that has received great attention in the context of Islamic law. The implications of interfaith marriages in Islamic jurisprudence significantly influence the citizenship and identity of children. This article investigates the legal aspects related to interfaith marriages from the perspective of Islamic fiqh. At the legal level, interfaith marriages can raise questions about the rights and obligations of husband and wife, the legal status of marriage, and inheritance rights. Moreover, the implications for the child's citizenship and identity are important aspects to consider. This includes issues regarding determining a child's religious status, custody rights, national identity, and inheritance rights within the framework of Islamic law. By using the method applied in this article using a literature approach. Literature study is defined as a series of activities related to collecting data from library sources, reading, taking notes and processing research materials. This article also highlights the views of ulama as well as contemporary perspectives regarding legal solutions to problems arising from interfaith marriages, and how Islamic law addresses issues related to citizenship and identity of children in this context. Thus, this article aims to provide a deeper understanding of the legal implications of interfaith marriages in Islamic jurisprudence on the citizenship and identity of children.
Kewarisan Istimewa Gharawain Pasal 178 Ayat (2) Kompilasi Hukum Islam Dalam Isu Kesetaraan Perspektif Feminis Legal Teori Ahmad Faza Bin Naja
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v5i2.605

Abstract

Article 173 of the Compilation of Islamic Law is an article regarding inheritance. This article contains the issue of "special" inheritance. What is meant by special here is a certain condition that causes this inheritance to be implemented. This inheritance case is known as Gharawain. That is the case of inheritance where there are only widow/widower heirs, with the mother and father. Where in this article the mother gets one-third and 1/3 of the remaining assets that have been distributed to the widow/widower. In fact, the gharawain concept has a 2:1 concept between men and women, it's just that the gharawain concept is not stated in the Al-Qur'an or Hadith, this legal product was produced from the ijtihad of the Prophet's friend, Umar bin Khattab. However, the concept of gharawain is included in an article in the Compilation of Islamic Law, so what is the concept of settling inheritance using gharawain and is article 178 paragraph (2) which adopts the concept of gharawain mandatory or is it only optional? The results of the discussion show that the solution to this concept is to change the mother's share from one third of the assets to the remaining third. So whether this concept should be implemented, it turns out it doesn't have to be implemented because of the differences in the context when this concept was created and the current context so feminists can still balance the differences in these parts.
Analisis Hukum Terhadap Perkawinan Beda Agama Dalam Persektif Hukum Islam Febrianti Hutagalung; Rizal Sanusi Hasibuan; Sulastri Krisdayanti Sinambela; Sri Hadiningrum
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v5i2.607

Abstract

An interfaith marriage is a marriage between followers of different religions, but because Indonesian society has various religions, they still adhere to their respective religions. Articles 40(c) and 44 of the KHI provide an explanation that non-Muslim women may not marry men. Muslim men, whatever their religion. The research method used by the author is a normative juridical legal research method. Ronnie Hanitiho explains: "The usual legal research is library research, or research on secondary data. What is meant by "1 Secondary data" is data that is already available, such as statutory regulations and academic books, with data collection techniques using library techniques, namely data collection techniques by understanding and studying theories from various literature related to research. The results of the analysis show that the occurrence of marriages of different religions and nationalities is of course a result of social pluralism, way of life and behavior, but marriage is a long-term physical and spiritual bond between a man and a woman, and this bond is established over the long term. long time period of time.
Pengaruh Bacaan (Qira’ah) Al-Qur’an dalam Pembentukan Hukum Islam Muspira Muspira; Askari Zakariah; Novita Novita
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v5i2.660

Abstract

The Qur'an is the source and pillar of the Islamic religion, in which there are various rules that will not change with changes in time and place. The Qur'an also contains global laws and an explanation of the correct faith, apart from being a proof for the continued existence of the Islamic religion. The Qur'an is also a revelation that comes directly from Allah SWT. There are various instructions and commands from Allah SWT that should be carried out by the people.
STATUS JANDA AKIBAT PERCERAIAN DAN IMPLIKASINYA TERHADAP KELUARGA : Studi Teori Fungsionalisme Struktural di Desa Gedangsewu Kecamatan Pare Kabupaten Kediri M. Abdul Hakim
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v5i2.692

Abstract

Being widowed due to divorce is an emotional challenge, which makes women who are widowed will face severe challenges, especially in terms of relationships or relationships with their family environment, especially children and parents due to their new status, if the widow is really ready and able to face the new reality as a widow and single parent, maybe they can survive carrying out their function as a single parent, but if on the contrary, this will have a negative impact and is prone to post-divorce conflict on family harmony, especially towards children and parents. Plus economic problems and the social burden of accepting the reality of being a widow. This research is qualitative research. Based on its type, it includes field research. The data collection method used is observation and interview. Then analyzed using Robert K. Merton's Structural Functionalism theory. This research produced two important findings. First, as a result of the divorce, a wife or widow has a new role or dual role in the family, namely domestic and public roles, widows assess themselves that their family is harmonious. The harmony in building their family is seen from the way they build relationships with family members, in terms of leadership and decision-making in the family. then the division of roles in the household and solving problems in the household. Second, widowed women consider themselves to have carried out the functions of the family structure well. From the process of roles or functions carried out by the widows, four typologies of roles or functions of widows were found as they played or functioned as economic functions, family functions, social functions, and religious functions, from each function or typology, they have manifest functions, namely expected functions (intentional) and latent functions (unintentional).
Konsep Legalitas Perkawinan dalam Kompilasi Hukum Islam : Kajian Hukum dan Sosial Siska Ayu Anggraini; Rachmat Panca Putera
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v5i2.1208

Abstract

This study discusses the concept of marriage legality in the Compilation of Islamic Law (KHI) as a legal guide for marriage in Indonesia. Marriage legality plays a crucial role in maintaining social order and legal validity, as well as ensuring the rights and obligations of the husband, wife, and children born from the marriage. This research aims to identify the concept of marriage legality in KHI and analyze the impact of legal and social aspects on its implementation. The research method used is a qualitative approach with normative and sociological analysis, as well as a literature study of KHI documents, relevant laws, and scholarly references. The findings of the study show that although KHI provides a clear legal basis for marriage legality, practices such as unregistered marriage (nikah siri) and contract marriages are still prevalent in society, leading to social disorder. The implication of this study is the importance of a deeper understanding of marriage legality in KHI to raise public legal awareness and maintain social order.

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