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Contact Name
Khamami Zada
Contact Email
jurnal.ahkam@uinjkt.ac.id
Phone
+6221-74711537
Journal Mail Official
jurnal.ahkam@uinjkt.ac.id
Editorial Address
Faculty of Sharia & Law UIN Syarif Hidayatullah Jakarta Jl. Ir. H. Juanda 95 Ciputat Jakarta 15412 Telp. (62-21) 74711537, Faks. (62-21) 7491821 Website:http://journal.uinjkt.ac.id/index.php/ahkam E-mail: jurnal.ahkam@uinjkt.ac.id
Location
Kota tangerang selatan,
Banten
INDONESIA
Ahkam: Jurnal Ilmu Syariah
ISSN : 14124734     EISSN : 24078646     DOI : 10.15408
Core Subject : Religion, Social,
Focus and Scope FOCUS This journal focused on Islamic Studies and present developments through the publication of articles and research reports. SCOPE Ahkam specializes on islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines. Fatwa; Islamic Economic Law; Islamic Family Law; Islamic Legal Administration; Islamic Jurisprudence; Islamic Law and Politics; Islamic Legal and Judicial Education; Comparative Islamic Law; Islamic Law and Gender; Islamic Law and Contemporary Issues; Islamic Law and Society; Islamic Criminal Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
Search results for , issue "Vol 18, No 1 (2018)" : 12 Documents clear
ISRAEL AND PALESTINE CONFLICT FROM LINGUISTICS AND FIQH SIYASAH PERSPECTIVE Abdul Mutaali Ahmad
AHKAM : Jurnal Ilmu Syariah Vol 18, No 1 (2018)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v18i1.7487

Abstract

This research is based on the linguistic design of religious texts with diplomatic solutions to the Israeli-Palestinian conflict based on the perspective of Fiqh Siyasah .. Since the conflict of these two nations in 1947 to the present day, in the geopolitical context that the solution of the presence of peace in these two regions is to equate the international perception to this conflict as a mediator. The reason is that there is an alignment with linguistic design on the text of the Qur'anic verse which always' uses a plural form . Interestingly, the number of Jews in the world is 15 million, compared with Indonesia 250 million people, but the Qur'an never uses pronouns for Jews as a minority group or even always mentioned the majority. In the Siyasah fiqh , if this happens may take several alternatives; priority and Sad Dzari'ah benefit . . Sources of data used are the Qur'an and the hadith of the prophet. The method used in this research is to analyze bibliography data with content analysis approach . The study concludes that there are differences in text and context in the efforts to resolve the Israeli-Palestinian conflict and the two-state peace solution.
IMPLEMENTATION OF THE PRINCIPLE OF ULTRA PETITUM PARTIUM IN DECIDING CHILDREN LIVELIHOOD IN DIVORCE LAWSUIT IN RELIGIOUS COURTS Hotnidah Nasution
AHKAM : Jurnal Ilmu Syariah Vol 18, No 1 (2018)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v18i1.7488

Abstract

This study analyzes 64 decisions of the South Jakarta Religious Courts, issued in 2011-2013, to see how ultra petitum partium principle is used to settle a child support claim in a divorce case. Child protection lawsuit is a legal solution given by the law to force fathers to carry out their obligations to fulfil their children's livelihood. In the Religious Courts, the case can be done simultaneously with a divorce case or done separately. In this study, the author argues that in deciding children’s livelihood claims, judges in the Religious Courts, besides having to comply with the applicable procedural law, should also follow basic principles applied in the General Court.  This is based on article 54 of Law No. 7 of 1989 (amended by Law No. 3 of 2006 and Law No. 50 of 2009). One of the principles is ultra petitum partium, in which the judges are prohibited from deciding a matter that is not stated in the lawsuit or decide more than what is demanded. From 64 decisions, 60 of them applied the ultra petitum partium principle. In this case, none of them decided to order the fathers to pay for children supports, even though the posita mentions that children were born during their marriage, and the children are with the mothers. 

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