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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 54 Documents
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HUKUM MENJATUHKAN TALAK DILUAR DAN DIDALAM PERADILAN: Studi Naskah Kitab Fiqih Syafi’iyah Misnanto Misnanto
Al Fuadiy : Journal of Islmaic Family Law Vol. 6 No. 1 (2024): 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.v6i1.691

Abstract

The Essence of marriage certainly wants to be of forming a sakinah mawahdah warahmah family, divorce the key to opening the marriage bond through the courts whose job to examine, decice and adjudicate, In Indonesia, many divorces are not registered for years, usually the register when certain matters arise, this study aims to find out about how the law imposes divorce inside and outside the court according the perspective the Syafi’i Madzhab, by using the content analysis method whith the considers divorce legal in front judges with 10 catagories, namely talak: because husband’s difficulties, because causing harm to the wife, for not providing a living, due to disability, ta’asuf, due to illa’, due to li’an, due to dzhihar, duo to a postasy, this is a woman’s right to file for divorce in court when the husband does not impose divorce or indeed do not want to drop their divorce, and for divorce ta’asuf, illa’, zhihar, li’an and apostates. This is andeed the judge’s authority to dedice, but apart from divorce ta’asuf, illa’, zhihar, li’an, and apostasy. The is still lagelly punished when imposing a divorce outside the court.
STATUS JANDA AKIBAT PERCERAIAN DAN IMPLIKASINYA TERHADAP KELUARGA : Studi Teori Fungsionalisme Struktural di Desa Gedangsewu Kecamatan Pare Kabupaten Kediri M. Abdul Hakim
Al Fuadiy : Journal of Islmaic Family Law 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).
Youtube Sebagai Media Dakwah: (Analisis Isi Pesan Dakwah Ustadz Hannan Attaki Dalam Tema “Mengatasi Sifat Yang Sering Berkeluh Kesah”) Arfian Suryasuciramdhan; Qanitah Salma; Alaika Amaly Khaira; Rahma Aniq Aulia; Hana Zulfia
Al Fuadiy : Journal of Islmaic Family Law Vol. 6 No. 1 (2024): 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.v6i1.882

Abstract

Islam is a religion widespread throughout the world, which has its roots in Saudi Arabia, and a religion that teaches teachings that bring goodness to all mankind. Islamic da'wah is increasingly being carried out on social media, such as TikTok, Instagram, YouTube, websites and Telegram. Da'wah is the process of conveying, inviting or calling on other people or the community to embrace, learn and practice religious teachings consciously, so as to awaken and restore the person's natural potential, and be able to live happily in the world. Increased internet use cannot be avoided along with technological developments. YouTube usage continues to increase in several other countries. Ustadz Hanan Attaki, Lc., made the informant interested in the preaching delivered by Ustadz Hanan Attaki on YouTube Hanan Attaki, this is actually targeted at today's young generation because the message is delivered using millennial language and contains a moral message so that listeners can accept Ustadz Hanan Attaki's preaching . Ustadz Hanan Attaki has the ability to motivate someone without being direct.
Analisis Yuridis terhadap Penetapan Batas Minimal Usia dalam Perkawinan Menurut UU No 1 Tahun 1974 tentang Perkawinan Dihubungkan dengan UU No 35 Tahun 2014 tentang Perlindungan Anak Nuryamin Nuryamin
Al Fuadiy : Journal of Islmaic Family Law Vol. 6 No. 1 (2024): 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.v6i1.907

Abstract

The government's goal is to amend the Marriage Law which regulates the minimum age for marriage from 16 years to a minimum of 19 years, has a noble goal because this age is considered mature physically and mentally to be able to enter into a marriage so that it can realize the goals of marriage well without ending in divorce and having children healthy and quality. However, this noble goal is not yet in line with the situation and conditions of the people in certain areas, including cities and regencies in Indonesia, this is reinforced by the increasing number of applications for marriage dispensation that have been submitted to the Religious Courts since the promulgation of Law No. 16 of 2019. Article 23 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection explains that the state, government and regional governments guarantee the protection, care and welfare of children by taking into account the rights and obligations of parents, guardians, or other people who are legally responsible for children as well as the state, government and regional governments oversee the implementation of child protection.
Khulu: Tinjauan Menurut Hadits Bukhori Dan Pasal 148 KHI Hermawan, Faza Pauzia; Arifin, Tajul
Al Fuadiy : Journal of Islmaic Family Law Vol. 6 No. 1 (2024): 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.v6i1.912

Abstract

Divorce is a social phenomenon that is quite complex and has various negative impacts for the person concerned, both for husband and wife as well as for children and families. Khulu is a method of divorce in Islam, where the party who proposes to dissolve the marriage bond is the wife. This journal discusses how khulu is regulated in Islam as contained in Bukhori's hadith and is reviewed or compared with how khulu is regulated in the Compilation of Islamic Law article 148. This research aims to analyze iwadh khulu according to Bukhori's hadith and Article 148 of the Compilation of Islamic Law (KHI) in Indonesia. Based on the research results, there is a discrepancy in the amount of iwadh based on the perspective of the Bukhari Hadith and the Compilation of Islamic Law Article 148. There needs to be a re-examination regarding this because the khulu' that occurred in the past and now have quite different causes. In contemporary cases, khulu often occurs as a result of poverty, the lack of physical and spiritual support. Iwadh based on the Bukhari Hadith is the return of the dowry received by the wife. Meanwhile, in the Compilation of Islamic Law, the amount of iwadh is the result of an agreement between husband and wife..
Poligami Dalam Perspektif Hadits Bukhari Dan Pasal 3 Ayat (1) UU No. 1 Tahun 1974 Tentang Perkawinan Herawati, Milda Kurnia; Arifin, Tajul
Al Fuadiy : Journal of Islmaic Family Law Vol. 6 No. 1 (2024): 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.v6i1.913

Abstract

Polygamy is a complex and controversial issue in Islam and law in Indonesia. On the one hand, several Bukhari hadiths touch on polygamy, which some people interpret as a form of divine dispensation. On the other hand, Article 3 paragraph (1) of Law no. 1 of 1974 concerning Marriage firmly adheres to the principle of monogamy. This abstract discusses how polygamy is understood in the Bukhari Hadith and compares it with the principle of monogamy in the Marriage Law. First, this abstract examines Bukhari's hadiths that are relevant to polygamy, taking into account the context and interpretation. Second, this abstract analyzes Article 3 paragraph (1) of the Marriage Law and its relevance to polygamy in the Indonesian social and cultural context. This abstract shows that there are different interpretations of Bukhari's hadiths regarding polygamy. The principle of monogamy in the Marriage Law reflects the values of gender equality and justice in marriage. In-depth and contextual analysis is needed to understand polygamy in Islam and its relevance to law in Indonesia.
Analisis Hukum Keluarga Islam Terhadap Problematika Perkawinan Usia Dini: Studi Kasus Di Kantor Urusan Agama Kecamatan Bengkalis Kabupaten Bengkalis Nur Faiza; Juwandi Juwandi
Al Fuadiy : Journal of Islmaic Family Law Vol. 6 No. 1 (2024): 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.v6i1.954

Abstract

The problem in this study is about how the analysis of Islamic Family Law on the problems and factors that cause early marriage. The purpose of this study is to determine the analysis of Islamic Family Law on the problems and factors that cause early marriage in the District of Bengkalis. This type of research is Field research. The data sources used are primary and secondary data sources. And in the technique of collecting data using the method of observation, interviews, and documentation. DSTA technical analysis used is data reduction, data presentation, and conclusion. The results of the study can be stated that the analysis of Islamic Family Law on the problems of early marriage often involves ethical considerations, child welfare, and physical and mental readiness of couples who want to get married. For example, early marriage that is too young can result in physical and mental health risks for both parties, and can interfere with education, potential poverty and personal development. Factors causing early marriage are matchmaking factors, self-will factors, and promiscuity factors.
Analisis Sosial Pernikahan Dini di Desa Batumarta VI Ais Surasa; Abdillah Manan
Al Fuadiy : Journal of Islmaic Family Law Vol. 6 No. 1 (2024): 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.v6i1.1056

Abstract

In general, marriage is a very sacred procession carried out by two people between a man and a woman to commit to living together in a legal bond. Marriage as an activity unites two human beings legally according to religion and the State. Not only an ordinary activity, this activity is also seen as the longest worship in life which can be a storehouse of rewards. In the Quran there is also a discussion about marriage not only once or twice mentioned, but several times. Marriage for mankind is important and is a human nature determined by the almighty creator, because with marriage a person will get a balance of life both biologically, psychologically and socially. However, the age of marriage that is too young can result in many things, the welfare in the family becomes vulnerable and can increase divorce cases due to lack of awareness of responsibility in married life. The method used in this research is qualitative research (field riseach), data collected through observation, interviews and documentation. Data analysis techniques, data reduction, data presentation and drawing conclusions. Some cases of early marriage also occur in Batumarta VI village, Madang Suku III sub-district, East OKU Regency in the last few years marriages have been dominated by early marriages, the impact of early marriage is that the age of marriage that is only as old as corn experiences various kinds of problems from economic factors, domestic violence (domestic violence) and divorce, the factor of disharmony and lack of family education is what causes bad conditions to occur.
PERAN ISTRI SEBAGAI TKW DALAM PEMENUHAN KEBUTUHAN KELUARGA TINJAUAN SOSILOGI HUKUM ISLAM : Studi Kasus di Kelurahan Tangkil Kecamatan Wlingi Kabupaten Blitar Ahmad Habib Afandi; Muhammad, Muhammad
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2024): 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.v6i2.1152

Abstract

There is a shift in roles and factors and impacts to meet family needs. Where in the past the wife in the household was only limited to housework and taking care of the children, but in recent times the wife has also acted as the main actor in meeting the family's needs. In this case, quite a few wives leave the country to work and become female workers. This research uses qualitative methods using a field approach or field research.  Data collection was carried out by observation, interviews and documentation. The author uses data analysis techniques, namely descriptive data, to analyze data from research results in accordance with existing facts. Based on the research results which are in accordance with the role of the wife in fulfilling family needs using a sociological study of Islamic law in Tangkil Village, the role of the wife as a female worker is to fulfill needs. family and to be able to build their own house.                                                                                                               
ANALISIS PENETAPAN KEWARISAN MAFQUD PADA PUTUSAN NOMOR 318/Pdt.P/2022/PA.Kab.Mn Alifia Farhanah; Muhammad, Muhammad
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2024): 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.v6i2.1170

Abstract

This research analyzes the determination of inheritance in mafqud cases based on Decision No. 318/Pdt.P/2022/PA.Kab.Mn. This research aims to evaluate the legal basis and considerations of judges in determining the status of death of individuals with mafqud status, as well as its implications for the distribution of inheritance. The research uses a literature method with a normative approach, utilizing secondary data in the form of legal documents, laws and regulations, and related literature studies. The results show that Islamic inheritance law and the Civil Code have differences in determining the period of mafqud until the status of death can be determined. Based on the judge's consideration, the determination of the death of a mafqud individual is carried out by referring to the general phenomenon of human age and the doctrine of Islamic law which allows ijtihad for the sake of benefit. This study concludes that the judge's decision in this case is in line with the principles of Islamic inheritance law and applicable laws and regulations, providing legal certainty for the heirs in the distribution of inheritance.

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