Al Fuadiy: Jurnal Hukum Keluarga Islam
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.
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54 Documents
<![CDATA[Peran Asbabun Nuzul Qur’an Surah Ali Imran Ayat 159 Dalam Metode Pembelajaran Bagi Mahasiswa/i Pendidikan Bahasa Arab Stambuk 2020 ]]>
<![CDATA[Ahmad Razali Sinaga]]>;
<![CDATA[Dedi Masri]]>;
<![CDATA[Muhammad Alfiansyah]]>;
<![CDATA[Khairunnisa Khairunnisa]]>;
<![CDATA[Ayu Vika Lestari]]>
<![CDATA[ Al Fuadiy : Journal of Islmaic Family Law Vol. 5 No. 1 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam ]]>
Publisher : <![CDATA[Nurul Qarnain College of Sharia Studies, Jember ]]>
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DOI: 10.55606/af.v5i1.391
<![CDATA[Because the revelation of a verse of the Qur'an can be learned from it. Likewise with asbabun nuzul and the events contained in Q.S Ali-Imran verse 159 that can be learned from it in the form of deliberation learning methods. In this day and age there are many learning methods that are born. The deliberation method can be used for learning methods that will be used by students. This study aims to determine the role of asbabun nuzul Q.S Ali-Imran verse 159 in the learning method which will be used by Arabic language education students later. This study used a descriptive-based qualitative method and interviewed students with Arabic language education in 2020. Based on the results of the study, it was found that asbabun nuzul Q.S Ali-Imran verse 159 served as a learning method for students in Arabic language education in 2020.]]>
<![CDATA[Perubahan UU No.16/2019 Tentang Batasan Minimum Pernikahan ]]>
<![CDATA[Noor Izzati Amelia]]>;
<![CDATA[Nur Najwa]]>;
<![CDATA[Nor Harika]]>
<![CDATA[ Al Fuadiy : Journal of Islmaic Family Law Vol. 5 No. 1 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam ]]>
Publisher : <![CDATA[Nurul Qarnain College of Sharia Studies, Jember ]]>
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DOI: 10.55606/af.v5i1.451
<![CDATA[In general, there are many marriages in Indonesia with various kinds and ages. Many underage marriages also occur in Indonesia because there are still many people who do not understand the importance of the age of adulthood to enter into marriages, causing many impacts from underage marriages. The impact is that there are many divorces, death for the mother and child due to the age for the mother who is too young and does not have the physical and mental strength so that it can interfere with the child in her womb. Marriage which takes place among minors is one of the phenomena that is very common in social life which is very widespread everywhere, both in urban and rural areas. Because some of the people who still do not understand the impact that will arise as a result of underage marriages consider underage marriages to be normal. The purpose of writing this journal is to find out the changes to Law NO.16/2019 regarding the minimum limit for marriage. The research method used is normative juridical with a statute approach. The data used is secondary data which examines library materials originating from laws and regulations, government regulations, books, journals, and mass media which are arranged into sentences and grammar that are interrelated with legal research.]]>
<![CDATA[Pengabaian Nafkah Lahir Sebagai Alasan Perceraian Di Pengadilan Agama Pangkajene Klas 1B (Studi Kasus Tahun 2021) ]]>
<![CDATA[Sakirah Sakirah]]>
<![CDATA[ Al Fuadiy : Journal of Islmaic Family Law Vol. 5 No. 1 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam ]]>
Publisher : <![CDATA[Nurul Qarnain College of Sharia Studies, Jember ]]>
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DOI: 10.55606/af.v5i1.452
<![CDATA[The matter of maintenance as the reason for this divorce is because the husband is unable to provide a living or the husband is actually able to provide a living but does not want to provide a living even though his wife lives in poverty. Living is the obligation of a husband to give something to his wife, relatives and possessions as a basic need for them. The law of maintenance is obligatory which is the wife's right to her husband as a result of a valid marriage contract. If the husband does not address the problem of subsistence in the family, then what will arise is a problem that cannot be resolved, it will have an impact on household harmony, and even lead to divorce.]]>
<![CDATA[Kajian Yuridis Tentang Pelaksanaan Poligami Beserta Akibat Hukumnya Perspektif Hukum Islam dan Undang-Undang : (Studi Kasus Di Pengadilan Agama Bondowoso Nomor Perkara 1580/Pdt.G/2021/PA.Bdw) ]]>
<![CDATA[Firatul Kamila]]>;
<![CDATA[Bachrul Ulum]]>;
<![CDATA[Zaenol Hasan]]>
<![CDATA[ Al Fuadiy : Journal of Islmaic Family Law Vol. 5 No. 1 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam ]]>
Publisher : <![CDATA[Nurul Qarnain College of Sharia Studies, Jember ]]>
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DOI: 10.55606/af.v5i1.461
<![CDATA[This thesis discusses: 1) Juridical Review of Polygamy Case study Case number 1580/Pdt.G/2021/PA.Bdw at the Bondowoso Religious Court. 2) Juridical Review of Polygamy according to Islamic Law at the Bondowoso Religious Court. 3) Juridical Review of Polygamy according to Islamic Law and the Law on Case Studies case number 1580/Pdt.G/2021/PA.Bdw at the Bondowoso Religious Court. The purpose of this study is to find out the review of Islamic law and the law regarding the practice of polygamy, considering the decisions taken in the case of the Bondowoso Religious Court. This type of research is field research, namely a research conducted in the field or at a research location, or a place chosen as a location to investigate objective phenomena. This research is carried out intensively, in detail and in depth on a particular object by studying it as a case. The results of this study are that the concept of polygamy according to Islamic law is a reference for husbands who want to carry out polygamy. The concept of justice in polygamy according to Islamic law at the Bondowoso Religious Court is in accordance with what has been exemplified by Rasulullah SAW, because it follows all the requirements and procedures that have been stipulated in Law no. 1 of 1974 concerning Marriage and the Compilation of Islamic Law itself. For further researchers, Suggestions that can be given related to this research are expected for future researchers to add more sources to find reports on polygamy in the Religious Courts and the object of this research is expected to be expanded.]]>
<![CDATA[Hukum Waris Dan Pembagian Waris Di Indonesia ]]>
<![CDATA[Muhammad Al Mansur]]>;
<![CDATA[Shally Fiqih Alvani]]>;
<![CDATA[Nova Arianti]]>
<![CDATA[ Al Fuadiy : Journal of Islmaic Family Law Vol. 5 No. 2 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam ]]>
Publisher : <![CDATA[Nurul Qarnain College of Sharia Studies, Jember ]]>
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DOI: 10.55606/af.v5i2.569
<![CDATA[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.]]>
<![CDATA[Peran Suami Istri yang bekerja dalam Membangun Keluarga Sakinah Perspektif Teori Qira’ah Mubadalah Abdul Kodir ]]>
<![CDATA[Any Sani’atin]]>
<![CDATA[ Al Fuadiy : Journal of Islmaic Family Law Vol. 5 No. 1 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam ]]>
Publisher : <![CDATA[Nurul Qarnain College of Sharia Studies, Jember ]]>
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DOI: 10.55606/af.v5i1.576
<![CDATA[A sakinah family is the dream of all married couples. Forming a sakinah family is not something that is not easy to achieve, especially in families who are both busy working. Nowadays, household management issues experience dynamics in various family segments. Various families have different perspectives on husband and wife relations in their families according to the environment or dynamics that occur in the family. This type of research includes library research. The data collection method used in this research is the documentation method of primary data sources. or secondary. The primary data source is data about the concept of the sakinah family and Faqihuddin Abdul Kodir's mubjadi theory. So the role of husband and wife in forming the Sakinah family is very important, both of them are very influential in terms of forming the child's character. The concept of mubdalam provides understanding and perspective in a relationship that embraces the spirit of cooperation and partnership on both parties. The issue of mubjadi is prioritizing relations between men and women both in the public and domestic spheres based on reciprocity, reciprocity and cooperation.]]>
<![CDATA[Implikasi Pernikahan Beda Agama Dalam Fiqh Islam Terhadap Kewargangaraan Dan Identitas Anak ]]>
<![CDATA[Latifah Hannum Gultom]]>;
<![CDATA[Johana Andriani Nainggolan]]>;
<![CDATA[Agung Torang Sitohang]]>;
<![CDATA[Syuratty Manalu]]>
<![CDATA[ Al Fuadiy : Journal of Islmaic Family Law Vol. 5 No. 2 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam ]]>
Publisher : <![CDATA[Nurul Qarnain College of Sharia Studies, Jember ]]>
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DOI: 10.55606/af.v5i2.602
<![CDATA[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.]]>
<![CDATA[Kewarisan Istimewa Gharawain Pasal 178 Ayat (2) Kompilasi Hukum Islam Dalam Isu Kesetaraan Perspektif Feminis Legal Teori ]]>
<![CDATA[Ahmad Faza Bin Naja]]>
<![CDATA[ Al Fuadiy : Journal of Islmaic Family Law Vol. 5 No. 2 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam ]]>
Publisher : <![CDATA[Nurul Qarnain College of Sharia Studies, Jember ]]>
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DOI: 10.55606/af.v5i2.605
<![CDATA[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.]]>
<![CDATA[Analisis Hukum Terhadap Perkawinan Beda Agama Dalam Persektif Hukum Islam ]]>
<![CDATA[Febrianti Hutagalung]]>;
<![CDATA[Rizal Sanusi Hasibuan]]>;
<![CDATA[Sulastri Krisdayanti Sinambela]]>;
<![CDATA[Sri Hadiningrum]]>
<![CDATA[ Al Fuadiy : Journal of Islmaic Family Law Vol. 5 No. 2 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam ]]>
Publisher : <![CDATA[Nurul Qarnain College of Sharia Studies, Jember ]]>
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DOI: 10.55606/af.v5i2.607
<![CDATA[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.]]>
<![CDATA[Pengaruh Bacaan (Qira’ah) Al-Qur’an dalam Pembentukan Hukum Islam ]]>
<![CDATA[Muspira Muspira]]>;
<![CDATA[Askari Zakariah]]>;
<![CDATA[Novita Novita]]>
<![CDATA[ Al Fuadiy : Journal of Islmaic Family Law Vol. 5 No. 2 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam ]]>
Publisher : <![CDATA[Nurul Qarnain College of Sharia Studies, Jember ]]>
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DOI: 10.55606/af.v5i2.660
<![CDATA[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.]]>
