cover
Contact Name
Luqman Haqiqi Amirulloh
Contact Email
luqman.haqiqi.amirulloh@uingusdur.ac.id
Phone
+6282327578127
Journal Mail Official
al-hukkam@uingusdur.ac.id
Editorial Address
Jl. Pahlawan KM. 05 Rowolaku, Kajen, Pekalongan 51161.
Location
Kota pekalongan,
Jawa tengah
INDONESIA
Al-Hukkam : Journal of Islamic Family Law
ISSN : 27988759     EISSN : 28283066     DOI : https://doi.org/10.28918/al-hukkam
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 83 Documents
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 : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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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.
Peran Penyuluh Agama Dalam Menekan Angka Perceraian Di Wilayah KUA Kecamatan Pekalongan Utara Tahun 2017-2019 Chayati, Nur
Al-Hukkam: Journal of Islamic Family Law Vol 1 No 2 (2021): Volume 1 Nomor 2 Oktober Tahun 2021
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

The divorce rate in the North Pekalongan District KUA Region from 2017 to 2019 has experienced ups and downs. The increase in the number of divorce cases in 2017 was 41 cases from 2016 which was only 32 cases, while divorce in 2017 decreased by 4 cases from the previous year 2016 there were 11 cases of divorce. In 2018 there were 4 cases of divorce and 26 cases of divorce. However, in 2019 there was a significant spike for divorce, rising to 16 cases and for divorce, there were 58 cases. The type of research carried out by this researcher is Field Research, namely research that is directly related to the object under study by object observation and interviews. The data analysis technique that will be used by researchers in this study is "qualitative analysis" which is a research method that uses and produces data in a descriptive analysis. The results of this study indicate that the reality of the divorce rate in the KUA Region of North Pekalongan District in 2017-2019 has experienced ups and downs. Then in 2018 the role of religious instructors was very good, this was shown by the decline in the divorce rate at that time, and in 2019 the divorce rate experienced a large spike, however, the role of religious instructors was still there, but could not suppress the divorce rate.
Peran BP4 Kota Pekalongan dalam Upaya Pembangunan Ketahanan Keluarga di Kota Pekalongan Kurniati, Atik
Al-Hukkam: Journal of Islamic Family Law Vol 1 No 2 (2021): Volume 1 Nomor 2 Oktober Tahun 2021
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

BP4 in Pekalongan City has contributed to the development and preservation of families, where the work of BP4 is supported by the city government and synergizes with other agencies in order to realize the government program m, namely family resilience. The formulation of the research problem how is the role of BP4 Pekalongan City in efforts to build family resilience? what factors hinder and support BP4 Pekalongan City's efforts in building family resilience? This type of research uses field research with qualitative approach. The results of this study indicate that the role of BP4 Pekalongan City is to participate in efforts to realize the development of family resilience, namely by socializing the Pekalongan City Regulation Number 8 of 2019 concerning Family Resilience Development, implementing Suspranik, Suscatin and fostering sakinah families through formal education forums and taklim assemblies in partnership with BP4 Pekalongan City. The factors that support the development of family resilience carried out by BP4 Pekalongan City are divided into two, namely internal factors and external factors. While the inhibiting factors include the economy of the people of Pekalongan City which is still minimal and some Catin who do not follow Suspranik and Suscatin at BP4 Pekalongan City.
Kesadaran Hukum Pelaku Pernikahan Dini dalam Pencatatan Pernikahan di Kandangserang Hidayat, Mufti
Al-Hukkam: Journal of Islamic Family Law Vol 2 No 1 (2022): Volume 2 Nomor 1 Mei Tahun 2022
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

Early marriage still occurs in various regions in Indonesia, therefore, the authors are interested in researching the factors of early marriage, how the practice of early marriage takes place, the importance of discussing the legal awareness of marriage registration so that early marriage does not occur, as happened in Wangkelang Village, Kandangserang Subdistrict, Pekalongan Regency, the practice of registering marriages is still low by the Wangkelang Village Community. The results obtained show that many Wangkelang Village people have early marriages, their marriages are not registered, the marriage is not registered because of the early marriage factor, it has been from the past that the people of Wangkelang Village practice early marriage, early marriage is carried out by not being registered with the KUA, the legal awareness of the people of Wangkelang Village regarding marriage registration is lacking, along with the reasons and objectives for doing early marriage are: first, keeping the name both family, secondly, eliminating parental worries, those two goals are what make ordinary people practice early marriage, early marriage occurs because of factors: economy, education and association/habits, these habitual factors make the practice of early marriage continue to occur, on awareness the law of perpetrators of early marriage in the registration of marriages in Kandangserang, which is contrary to the applicable legal rules, where the marriage must be registered, such as in the Regulation of the Minister of Religion of the Republic of Indonesia, and the problem is in early marriage in Kandangserang.
Kajian Al-Maṣlaḥah Al-Mursalah Terhadap Pemenuhan Legalitas Perkawinan dan Kelahiran dalam Membangun Ketahanan Keluarga Rosyada, Amrina
Al-Hukkam: Journal of Islamic Family Law Vol 2 No 1 (2022): Volume 2 Nomor 1 Mei Tahun 2022
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

The legality of marriage and the legality of birth are two interrelated elements, if a marriage does not have legality then it is not considered valid by the State, then if there are parties who feel disadvantaged, of course they cannot claim their rights in court. The absence of legality of birth also has implications for the validity of self-identity which is protected by the State. This thesis is the result of juridical-normative research that collects data through documentation studies. The results of the data that have been collected are then analyzed using content analysis methods. The results of this study indicate that: (1) in order to strengthen family resilience, the government requires every individual to register marriages so that their marriages are legalized in accordance with applicable laws and to register births to obtain a birth certificate as authentic evidence of a person's birth. (2) this policy is a form of implementation of Al-Maṣlaḥah Al-Mursalah in the category of mashlahah hajjiyah, because the policy regarding the legality of marriage and the legality of birth is an interest that is beneficial to the community and is a solution to the difficulties faced by the community.
Gugat Cerai dalam Pernikahan Sirri di Pengadilan Agama Kajen (Studi Putusan Nomor 539/Pdt.G/2020/PA.Kjn) Burhanudin, Slamet
Al-Hukkam: Journal of Islamic Family Law Vol 2 No 1 (2022): Volume 2 Nomor 1 Mei Tahun 2022
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

The case of divorce lawsuits in unregistered marriages filed at the Kajen Religious Court can be accepted and decided in Decision Number 539/Pdt.G/2020/PA.Kjn, with the verdict of the Judge requesting the Plaintiff's divorce suit for unregistered marriages and imposing bai'in divorce sughro. The problem in this study is how the judge's consideration in filing a lawsuit in marriage and the decision against the Plaintiff and Defendant. This research is a normative legal research (juridical normative) conducted at the Kajen Religious Court using a law approach, a conceptual approach, and a case approach. The results of this study the authors found that the consideration in the plaintiff's divorce application, the judge first declared the marriage valid and then divorced the plaintiff and the defendant after being convinced that there was a crime if it had been submitted, according to the author, the judge's consideration was in accordance with Islamic law and applicable legal rules. And the award can be seen from the position of the Marriage Certificate as legal evidence.
Pandangan Tokoh Masyarakat NU dan Muhammadiyah Terhadap Perempuan Bekerja Mencari Nafkah Keluarga (Studi Kasus di Desa Tembok Kidul) Suci Alifia, Asyiva
Al-Hukkam: Journal of Islamic Family Law Vol 2 No 1 (2022): Volume 2 Nomor 1 Mei Tahun 2022
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

The problem raised in this study is to explore and analyze the views of NU and Muhammadiyah community leaders towards women who work to earn a living for their families. This research uses the type of field research. The approach used is a qualitative approach. The data sources are primary and secondary data sources. Data collection techniques are observation, interviews, documentation and triangulation. Data analysis in this study used interactive analysis techniques. The results showed that the weakness of a husband in earning a living can be overcome by the wife's willingness to help her husband's work and the results of this study suggest that there is no prohibition for women to continue working as desired on condition that their position as wife and mother in the household is not forgotten, because the mother is the first school for their generations, this opinion is based on the Qur'an and hadith in accordance with the times, although there are those who are not allowed to work because they see that women who are busy outside have more harm than those who stay at home, but all can resolved if there is harmonious communication.
Pandangan Tokoh Rifa’iyah dan Nahdhatul ‘Ulama tentang Pembaharuan Akad Nikah Di Kalangan Jam’iyah Rifa’iyah Dukuh Paesan Kecamatan Kedungwuni Kabupaten Pekalongan Rizqa Nufa, Ellora
Al-Hukkam: Journal of Islamic Family Law Vol 2 No 1 (2022): Volume 2 Nomor 1 Mei Tahun 2022
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

Tajdid marriage or renewing the marriage contract is a tradition carried out by Jam'iyah Rifa'yah. This study examines the marriage contract among the Jam'iyyah Rifa'iyah Hamlet of Paesan West Kedungwuni Village, Kedungwuni District, Pekalongan Regency and the views of Rifa'iyah leaders regarding the implementation of the marriage contract among the Jam'iyyah Rifa'iyah Hamlet of Paesan Village, West Kedungwuni District, Kedungwuni Regency. Pekalongan views and figures from Nahdhatul 'Ulama regarding the implementation of the marriage contract among the Jam'iyyah Rifa'iyah Hamlet of Paesan, Kedungwuni Barat Village, Kedungwuni District, Pekalongan Regency. marry. Jam'iyah Rifa'iyah Dukuh Paesan tries not to carry out the tajdid marriage tradition because it considers marriages carried out today to meet the stipulated conditions and to save time and energy. The marriage has been handed over to the Kyai and the task of the penghulu is only as VAT (Marriage Registrar) only. Whereas in the NU jam'iyah from ancient times until now the marriage contract is only carried out once, there is no implementation of tajdid marriage as in the Rifa'iyah group. This means that in terms of the marriage contract, Rifa'iyah and Nahdhatul Ulama are almost the same, there is no difference that makes the implementation of tajdid marriage today.
Kesadaran Hukum Masyarakat Tentang Masa Iddah (Studi Kasus di Dusun Kemadang Desa Keteleng Kecamatan Blado Kabupaten Batang) Mubarokah, Fatehatul
Al-Hukkam: Journal of Islamic Family Law Vol 2 No 1 (2022): Volume 2 Nomor 1 Mei Tahun 2022
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

The iddah period is a period of waiting for a woman after the breakup of her marriage with her husband, where a woman after separating from her husband is not allowed to marry, have contact with men who are not mahrom, spend the night outside the house where she lives and carry out ihdad. Legal awareness is self-awareness without pressure, coercion, or orders from outside to comply with applicable laws. The purpose of this study is to determine the legal awareness of the community regarding the iddah period and the factors that cause widows not to carry out the iddah period. This type of research is field research, using a qualitative approach, the data sources are primary and secondary. Primary data collection is done by observation technique. and secondary in the form of books, journals, theses and other libraries related to the law of the iddah period, obtained with documentation techniques. The data analysis used a qualitative analysis of the interactive model. This study resulted in findings that widows' legal awareness was still low, violations caused by their ignorance of the basis of sharia law governing the iddah period, while the factors causing violations of the iddah period were influenced by low economy, low level of education, lack of knowledge about Islamic law. and positive law and religious leaders who have less role in guiding the community in relation to the iddah period.
TINJAUAN MAQASID SYARIAH TERHADAP PERTUKARAN KEWAJIBAN NAFKAH ANTARA SUAMI DAN ISTRI (Studi Kasus di Desa Karangsari Kecamatan Karanganyar Kabupaten Pekalongan) Furqon, Muhammad
Al-Hukkam: Journal of Islamic Family Law Vol 2 No 1 (2022): Volume 2 Nomor 1 Mei Tahun 2022
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

In this study, we will discuss the practice of exchanging income obligations between husband and wife in Karangsari Village, and review the maqasid sharia of this practice. This research is a field research, and the approach used is a normative approach. Using two types of data, namely primary data and secondary data. The analysis technique uses qualitative techniques, starting with data collection, data reduction, data collection, and presentation of conclusions. The result of the research is that the exchange of the role of breadwinner between husband and wife is a solution to overcome the difficulties of the husband's lack of livelihood for the purpose of maintaining family integrity. The exchange of living obligations means that the husband is placed to take care of the house and children while the wife is the breadwinner working both inside and outside the home. In terms of qualification, the practice of maslahah can be related to maslahah dharuriyyah, namely primary benefits and maslahah hajiyyat, namely regarding the fulfillment of human needs, and relates to safeguarding the five points contained in maqasid sharia, namely hifdzun nasl and hifdzun mal because it is an effort to protect family and descendants. and maintain the family economy.