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Luqman Haqiqi Amirulloh
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Al-Hukkam : Journal of Islamic Family Law
Published by Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
ISSN : 27988759     EISSN : 28283066     DOI : https://doi.org/10.28918/al-hukkam
Core Subject : Religion, Humanities, Science, Social,
Religion Humanities Astronomy Law, Crime, Criminology & Criminal Justice Social Sciences
The articles of this journal are Focus and Scope: (1) Islamic Family Law; (2) Islamic Inheritance Law; (3) Islamic Waqf Law; (4) Islamic Astronomy; and (5) Mediation of Divorce and Inheritance Disputes
Arjuna Subject : Ilmu Sosial - Hukum
Articles 75 Documents
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Kegagalan dan Keberhasilan Mediasi dalam Penyelesaian Perkara Perceraian di Pengadilan Agama Kajen Tahun 2017 Khusni Zulkfa, Muhammad
Al-Hukkam: Journal of Islamic Family Law Vol 1 No 1 (2021): Volume 1 Nomor 1 Mei Tahun 2021
Publisher : Fakultas Syariah dan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/al-hukkam.v1i1.252

Abstract

The type of research that the author uses in this study is a type of field research. This study uses a qualitative approach, where this research seeks to explain in detail the discussion as an answer to the main problem. The process of collecting qualitative data, which generally focuses on interviews and participatory observation, analyzes the data in the form of textual analysis of the transcripts or field notes. Based on the results of research conducted, the Mediator has carried out the mediation process in accordance with PERMA No.1 of 2016. In its implementation, the mediator also always strives for peace between the parties in a case. However, in reality the success and failure of the mediation lies in the problems brought by the parties to the court, not from the mediator in charge. Most of the problems brought by the litigants are problems that are difficult to solve, such as: The presence of a third party, heartache (economic factors and harsh words), domestic violence (KDRT) and long-standing problems.
Pernikahan Poligami Tanpa Izin Pengadilan Agama dan Pengaruhnya Terhadap Kehidupan Rumah Tangga Anggraeni Wijayanti, Dewi
Al-Hukkam: Journal of Islamic Family Law Vol 1 No 1 (2021): Volume 1 Nomor 1 Mei Tahun 2021
Publisher : Fakultas Syariah dan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/al-hukkam.v1i1.253

Abstract

This paper examines the problem of polygamy, namely the marriage of a husband with more than one woman. To be able to carry out a polygamous marriage, a husband must submit an application to the Religious Court with the reasons and conditions determined by Law number 1 of 1974 concerning marriage. However, in reality now marriage organizers in some communities are not in accordance with the rules of marriage law. Like the rampant practice of underhand polygamy, this marriage is carried out secretly or in secret. North Pekalongan. This research is a descriptive field research with data collection techniques used are interviews, observations which are a reference to analyze the results of the study. the polygamist feels that he is able to be fair to his wives without feeling for the first wife, but the reality does not match what is said. Their polygamous marriages are mostly carried out under the hands due to a lack of awareness and importance in recording marriages by reason of the complicated procedures set out by law, so they choose unregistered marriages as a way of marriage.
Relaas Berbasis Online dan Implikasinya Terhadap Keabsahan Putusan ( Studi di Pengadilan Agama Brebes) Iskandar, Dicki
Al-Hukkam: Journal of Islamic Family Law Vol 1 No 1 (2021): Volume 1 Nomor 1 Mei Tahun 2021
Publisher : Fakultas Syariah dan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/al-hukkam.v1i1.254

Abstract

This paper analyzes the appropriateness of online-based relationships and its implications for the validity of decisions at the Brebes Religious Court. This type of qualitative research uses empirical juridical methods. The results of the study show that online summons are said to be legal and proper with the bailiff's note that in making the summons must be in accordance with the procedure based on SEMA Regulation Number 4 of 2014 and the trial is still carried out properly, so that there is no delay in the trial which in this case is not desired by the parties. seekers of justice. The implication for the legality of the decision is that the decision is valid based on judicial power with the principle of a court which uses the principles of fast, simple and low cost.
Penolakan Masyarakat Terhadap Verifikasi Penetapan Arah Kiblat Oleh Badan Hisab Rukyat Kemenag Kota Pekalongan di Pekalongan Miskiyah, Miskiyah
Al-Hukkam: Journal of Islamic Family Law Vol 1 No 1 (2021): Volume 1 Nomor 1 Mei Tahun 2021
Publisher : Fakultas Syariah dan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/al-hukkam.v1i1.255

Abstract

Qibla is one of the conditions for the validity of prayer, but in fact the problem of Qibla direction is a problem for Muslims. In the City of Pekalongan, the problem of the Qibla of mosques/mushola is still a lot less accurate and inappropriate, but when the mosque/mushola was re-measured and the results were not in accordance with the Qibla they used to be, they did not receive the results of the leverage from the BHRD of the Ministry of Religion of Pekalongan City, instead they preferred the previous Qibla direction because they believe more in their ancestors. This paper examines how the attitude of the BHRD of the Ministry of Religion of Pekalongan City in responding to the community regarding the lever of Qibla direction by the BHRD of the Ministry of Religion and why the people of Pekalongan City refuse to verify the Qibla direction carried out by the BHRD of the Ministry of Religion of Pekalongan City. The theory used in determining the Qibla direction of the Ministry of Religion of Pekalongan City BHRD using the basis of the Qur'an, Al Hadith, with the trigonal ball formula and how the steps for determining the Qibla direction are, but in reality this theory does not apply to people who reject the lever of direction. The direction of the Ministry of Religion of Pekalongan City for several reasons and it turns out that theory and practice are not the same.
Implikasi Istri Sebagai Pelaku Bisnis Online Terhadap Pemenuhan Keharmonisan Keluarga Rachmat Lukman Hakim, R Arrazy
Al-Hukkam: Journal of Islamic Family Law Vol 1 No 2 (2021): Volume 1 Nomor 2 Oktober Tahun 2021
Publisher : Fakultas Syariah dan Hukum

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Abstract

As happened in Medono Village, Pekalongan City, which has encouraged the role of women not only to revolve around household activities but also to do online business. In Medono Village, Pekalongan City, there are many wives who play a role in doing online business. The purpose of this study is to explain the reasons why women in the Medono sub-district, Pekalongan City do Online Business and its implications for Family Harmony. This type of research is field research with a qualitative approach. The data sources are primary and secondary data, with the subject of a wife who has an online business and its implications for family harmony. Collecting data by interview, observation and documentation. The technique of analyzing qualitative data is an interactive model, using gender and feminist theories about justice and gender equality. The results of this study concluded that the reasons that caused the wife in the Medono sub-district, Pekalongan City to do online business, were due to several factors, namely: independence factors, economic factors, educational factors, self-actualization factors, social factors, religious factors, opportunity factors, health factors, factors progress in the field of science and technology, women's empowerment factors.
Pembagian Harta Waris Bagi Anak Perempuan Bungsu di Desa Bubak Kabupaten Pekalongan Hakiki, Nur
Al-Hukkam: Journal of Islamic Family Law Vol 1 No 2 (2021): Volume 1 Nomor 2 Oktober Tahun 2021
Publisher : Fakultas Syariah dan Hukum

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Abstract

Even though the division of inheritance has been determined, in practice there are often inheritances that cannot be settled based on Islamic inheritance but are carried out in ways based on local customary law. This study aims to analyze the background of the youngest daughter getting more inheritance and to find out the view of Islamic law on the distribution of inheritance more for the youngest daughter. This thesis uses qualitative field research methods which are carried out directly in the field so that researchers can obtain information and data as close as possible to the real world. The result of this study is that the distribution of inheritance is more for the youngest daughter in Bubak Village,Kandangserang, Pekalongan Regency, the distribution is using local customary law. In Bubak Village, the youngest daughter gets a higher share of the inheritance than the other children. Theoretically it is not in accordance with the Fiqh of Mawaris Islam, but the people here prioritize the principles of justice, pleasure, sincerity and accept all the results of joint decisions. So that in general the distribution of inheritance in Bubak Village does not violate Islamic law, which aims to prevent disputes and inheritance disputes between families.
Kedudukan Anak Angkat dalam Pembagian Warisan Perspektif Hukum Islam dan KUHPerdata Latif, Abdul
Al-Hukkam: Journal of Islamic Family Law Vol 1 No 2 (2021): Volume 1 Nomor 2 Oktober Tahun 2021
Publisher : Fakultas Syariah dan Hukum

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Abstract

The situation of adopted children in the distribution of inheritance in Tirto Village is discussed in this study through the lens of Islamic law and the Civil Code. Field research is the method of research provides (field research). According to the findings of this research, the situation of adopted children according to Islamic law and the Civil Code differs; in Islamic law, adoption has no legal repercussions in terms of blood links, guardian-guardian relationships, or inheritance relationships with adoptive parents. He is the biological father's heir, and the child continues to use his biological father's name. According to the Civil Code, a kid with the status of an adopted child is treated as if he or she were a legitimate child. The civil relationship with his biological parents is entirely broken, with legal ramifications such as legally obtaining the adoptive father's name, becoming a kid born from the adoptive parents' marriage, and becoming the adoptive parents' heir. The transfer of inheritance from adoptive parents to adopted children in Tirto Village is based on a will and internal family consensus deliberation, with the assumption that the adopted child has looked after his parents. After the inheritance is distributed to those who are entitled, each of the heir's siblings who get the inheritance distributes the property to the heir using a grant contract.
Dispensasi Nikah dalam Perspektif Maslahah Khalimi, Agus
Al-Hukkam: Journal of Islamic Family Law Vol 1 No 2 (2021): Volume 1 Nomor 2 Oktober Tahun 2021
Publisher : Fakultas Syariah dan Hukum

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Abstract

From a maslahah standpoint, this article examines the marital dispensation. The study's findings conclude that: 1) Marriage dispensation is a way to overcome the occurrence of early marriage through a permit procedure to the Religious Courts to get court approval, as stated in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage.According to scholars, Islamic law does not recognize the term marriage dispensation because the criteria for marriage are when a person is mature and has good judgment, whereas Law Number 1 of 1974 concerning marriage and the Compilation of Islamic Law has determined that anyone under the age of 19 must apply for a marriage dispensation to obtain permission from the Relative. Religious Courts must weigh different issues, such as syar'i, sociological, psychological, legal, and health, when adjudicating cases of application for dispensation for marriage.2) Marriage dispensation is only granted if it does not conflict with the objectives of Islamic law (maqasidu al-shari'ah) in maintaining the safety of offspring (hifzhu al-nasl) at the al-daruriyyah level or at least al-hajiyyah, without jeopardizing the safety of the parties bound in the marriage bond (hifzhu al-nafs) (hifzhu alaql).
Batas Usia Perkawinan Menurut UU No. 16 Tahun 2019 dan KUH Perdata Pasal 330 Nasruddin, Nasruddin
Al-Hukkam: Journal of Islamic Family Law Vol 1 No 2 (2021): Volume 1 Nomor 2 Oktober Tahun 2021
Publisher : Fakultas Syariah dan Hukum

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Abstract

This research examines the age limit for marriage according to Law no. 16 of 2019 and the Civil Code Article 330. The writing is motivated by the idea that the age limit for marriage is a must in the formulation of state policies. In fact, in society there are many marriages under the age category of adults which have the potential not to lead to goodness in fostering a family. The formulation of the problem in this study is (1) What are the considerations for the issuance of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage? (2) How is the age limit for marriage determined according to Law Number 16 of 2019 and Article 330 of the Civil Code? The results of this study are that in Islamic law there are no definite provisions relating to the determination of the age limit for marriage, because no specific argument can be found in Al-Qur'an and Sunnah which regulates the issue of the age limit for marriage. So the state is present in determining the age limit for marriage. That there is a change in the times and developments of the times that underlie the renewal of Islamic law and the renewal of legal thought in terms of the age limit for marriage.
Kajian Pemikiran Ibnu Hazm tentang Pemberian Nafkah Istri Kepada Suami dan Implementasinya di Tengah Masyarakat NU Desa Pegaden Tengah Kecamatan Wonopringgo Abdul latif, Muhammad
Al-Hukkam: Journal of Islamic Family Law Vol 1 No 2 (2021): Volume 1 Nomor 2 Oktober Tahun 2021
Publisher : Fakultas Syariah dan Hukum

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Abstract

This paper aims to seek and explore the problems of giving a wife a living to her husband which is the fruit of the thoughts of Ibn Hazm in its implementation in the NU community in Pegaden Tengah Village, Wonopringgo District. The research method used in this paper uses sociological juridical, with a qualitative approach. The data technique uses observation, interviews, and literature study. The technique of checking data is using triangulation and analysis using an interactive model. The results showed that Ibn Hazm's opinion was taken from the zhahir verse of the Qur'an which was then strengthened by the explanation of the companions (Qoul Alshahabiy) which showed that sometimes the wife is also obliged to provide a living, namely when the husband is poor and unable. Whereas in practice in the community in Pegaden Tengah Village, it shows that they are more the same in their application with Ibn Hazm's opinion, which is when the husband is unable to work due to several factors the wife feels obliged to provide for her husband and family.

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