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Mawaddah: Jurnal Hukum Keluarga Islam
Published by Universitas Muhammadiyah Bandung
ISSN : -     EISSN : 30266076     DOI : https://doi.org/10.52496/mjhki.v1i1.7
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Mawaddah: Journal of Islamic Family Law, an electronic journal that provides a forum for publishing research articles, literature reviews, field research and or book reviews on Islamic family law. The scope is as follows: 1. Marriage 2. Divorce 3. Joint Property 4. Child Custody 5. Inheritance 6. Waqf 7. Grant 8. Falak Science 9. Islam and Gender 10. Current Issues in Family Law 11. Islamic Law 12. Civil Law 13. Criminal Law 14. Customary Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 31 Documents
 1   2   3   4 
Itsbat Nikah Poligami Perspektif Undang-Undang Perkawinan Dan Sema No. 3 Tahun 2018 Iffah Fathiah
Mawaddah: Jurnal Hukum Keluarga Islam Vol 1 No 1 (2023): November
Publisher : Program Studi Hukum Keluarga Islam Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i1.10

Abstract

Sirri marriage or marriage under the hand is something that has become very common in society. One of the factors influencing it is the principle that if the conditions and pillars of marriage have been fulfilled, then it is sufficient to carry out a marriage, including in polygamous marriages. This kind of marriage violates Article 2 paragraph (2) of the 1974 Marriage Law which requires the registration of every marriage. The necessity of marriage registration is not only for administrative order, but also to ensure legal certainty and protection for wives and children. Thus, the wife and children of a sirri marriage will lose legal certainty and protection because sirri marriages are not recognized by law. As a solution to the rise of sirri marriages, itsbat nikah is held so that the sirri marriages that have occurred are recorded and recognized by the state as regulated in article 7 of the Compilation of Islamic Law. Regarding the itsbat nikah of irri polygamy, it is still possible to be accepted and granted by the Religious Court based on the Decree of the Chairman of MARI Number KMA/032/SK/IV/200611 dated April 6, 2006 concerning the Application of Book II Guidelines for the Implementation of Court Duties and Administration. The rules contained in Book II contradict SEMA No. 3/2018 which states that the application for itsbat nikah polygamy on the basis of irri marriage cannot be accepted. Perkawinan sirri atau perkawinan di bawah tangan merupakan hal yang sudah sangat menjamur di masyarakat. Salah satu faktor yang mempengaruhinya yaitu prinsip apabila syarat dan rukun nikah telah terpenuhi, maka hal itu cukup untuk melangsungkan perkawinan, termasuk dalam perkawinan poligami. Perkawinan semacam ini melanggar Pasal 2 ayat (2) Undang-undang Perkawinan tahun 1974 yang mengharuskan adanya pencatatan di setiap perkawinan. Keharusan pencatatan perkawinan selain untuk tertib administrasi, juga untuk menjamin kepastian dan perlindungan hukum bagi istri dan anak. Dengan begitu istri dan anak hasil perkawinan sirri akan kehilangan kepastian dan perlindungan hukum sebab perkawinan sirri tidak diakui oleh undang-undang. Sebagai solusi atas maraknya perkawinan sirri, maka diadakanlah itsbat nikah agar perkawinan sirri yang telah terjadi menjadi tercatat dan diakui negara sebagaimana diatur dalam pasal 7 Kompilasi Hukum Islam. Terkait itsbat nikah poligami sirri masih dapat dimungkinkan diterima dan dikabulkan oleh Pengadilan Agama berdasarkan Keputusan Ketua MARI Nomor KMA/032/SK/IV/200611 tanggal 6 April 2006 tentang Pemberlakuan Buku II Pedoman Pelaksanaan Tugas dan Administrasi Pengadilan. Aturan yang tercantum dalam Buku II bertolakbelakang dengan SEMA No. 3 Tahun 2018 yang menyatakan bahwa pengajuan itsbat nikah poligami atas dasar perkawinan sirri tidak dapat diterima.
Dampak Putusan Mahkamah Konstitusi No. 46/Puu-VIII/2010 Terhadap Hukum Perkawinan Di Indonesia Arfi Hilmiati; Kartika Yusrina
Mawaddah: Jurnal Hukum Keluarga Islam Vol 1 No 1 (2023): November
Publisher : Program Studi Hukum Keluarga Islam Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i1.11

Abstract

The Constitutional Court has handed down the decision No. 46/PUU-VIII/2010 which brings a new paradigm in the family law system in Indonesia. Acceptance of judicial review of Article 2 paragraph (2) and Article 43 of Law no. 1 of 1974 concerning Marriage resulted in a decision stating that a child out of wedlock not only has a civil relationship with the mother and her mother's family, but also with her biological father as long as it can be proven by science and technology. The decision amends Article 43 paragraph 1 of Law no. 1 of 1974 concerning Marriage and reaped a lot of controversy. Most of the community stated that the decision legalized adultery. Therefore, the author raises the issue of the implications of the decision of the Constitutional Court no. 46/PUU-VIII/2010 on marriage law in Indonesia. The results of the discussion show that the decision has no effect on the provisions for registration of marriages as regulated in Article 2 paragraph (2) of Law no. 1 of 1974 concerning Marriage. However, it has big implications for the position of children born out of wedlock. Children born out of wedlock have the same rights as legitimate children, namely having kinship relations with biological fathers, maintenance, marriage guardians, and inheritance. The type of research used is library research using normative-juridical and juridical-sociological approaches. Sources of data were extracted from written materials such as legal texts such as law books, statutory regulations, compilations of Islamic law and journals relevant to the problems the authors discussed.
The Role Of Parents In Educating Children According To Law Number 35 Of 2014 Concerning Child Protection And Islamic Law Muhamad Nur Muhajir; Ainun Luthfi, Muhammad; Siti Kholisoh; Esty Faatinisa
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 1 (2024): Mei
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i2.12

Abstract

Law no. 35 of 2014 focuses on children's rights and protection, including the right to receive good education and care. In this context, parents play an important role in educating and ensuring that children's rights are fulfilled. On the other hand, Islamic law also emphasizes the importance of the role of parents in children's education. There are many verses and hadiths that talk about the importance of educating children in a correct and fair way. The aim of this research is to explain and examine the role of parents in educating children according to Law no. 35 of 2014 concerning Child Protection and Islamic Law. The research method used is a literature study, where the author examines various sources, including legal texts and religious texts, and involves interviews or surveys with parents to understand how they apply these laws and principles in educating their children. . The results of the research will include findings on how these laws are implemented in practice, as well as recommendations for how these laws can be more effectively implemented.
Perkembangan Hukum Islam Pasca Periode Taqlid (Kemapanan Mazhab) Muhammad Maisan Abdul Ghani; Ghina Ulpah; Muhammad Husni Abdulah Pakarti; Diana Farid
Mawaddah: Jurnal Hukum Keluarga Islam Vol 1 No 1 (2023): November
Publisher : Program Studi Hukum Keluarga Islam Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i1.13

Abstract

Islamic law experienced dullness and decline after the period of taklid. However, that period disappeared after Muslims sought a solution so as not to be left behind from the West which was increasingly advanced while Islam was the opposite. The revolution of Islamic thought was present during the progress of Islam after blind taklid, spearheaded by Islamic thinkers of his time, such as Abdul, Sheikh Muhammad as-Sirhindi, Sayyid Ahmad Syahid, Muhammad Abdul Wahab and so on, which made Islamic law and Islamic thought advance again. This research aims to analyze the development of Islamic law after the taqlid period. This research uses a qualitative method with a literature study approach as a data search process. Primary and secondary data are obtained from books, electronic journal manuscripts that have been published in journals that have national and international reputations related to the development of Islamic law during the taqlid period. After the data has been obtained, data analysis is carried out to find answers to the problems raised and after that the real conclusion is drawn. The results showed that Islamic law experienced a period of development, one of which is called the Awakening period which began in the second part of the 19th century until now, with the central figures being Jalaluddin Al-Afghani (1839-1897) and Muhammad Abduh (1849-1905). Their thoughts were heavily influenced by those of Ibn Taymiyyah (1263-1328). The first characteristic is the call to establish Pan Islamism and make comprehensive changes to the Islamic world, especially in the field of utilizing reason over the Qur'an and Sunnah and at the same time releasing ties from the shackles of the madhhab. Mazhab is something common, but excessive bigotry against the mazhab is something that perishes and destroys. Second, the approach to Islamic law through Mazhab Comparison, both the Shafi'i, Maliki, Hanafi and Hambali madhabs plus the Shi'a Mazhab. Comparisons are even made with Western legal systems and other laws. Third, it is characterized by considerable attention from the European and Western world in general to study Islamic law so that they make Islamic law an official subject in the Faculty of Law. Fourth, from the development of Islamic law is the tendency in Muslim countries to return to Islamic Law as seen in the Middle East and in Southeast Asia. Even if the country is not an Islamic state, the law applied in it is Islamic law.
PERLINDUNGAN HAK ANAK DALAM PERCERAIAN MENURUT HUKUM KELUARGA ISLAM Muhammad Husni Abdulah Pakarti
Mawaddah: Jurnal Hukum Keluarga Islam Vol 1 No 1 (2023): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i1.1

Abstract

This study aims to examine the protection of children's rights in cases of divorce according to Islamic family law. Divorce is a problem that often occurs in family life and can have a negative impact on children. Therefore, it is important to understand how Islamic family law provides protection for children's rights in the context of divorce. Normative legal research methods with a literature study approach. The data used are relevant legal materials, including the Al-Qur'an, hadith, as well as the opinions of Islamic scholars and jurists regarding issues of divorce and protection of children's rights. The results of this study indicate that Islamic family law pays great attention to the protection of children's rights in divorce cases. Islamic law emphasizes the importance of maintaining the integrity of the family and the well-being of children as a top priority. In the context of divorce, Islamic law places a great responsibility on both parents to protect the rights of the child, including the rights to life, education, health and security. In addition, Islamic family law also provides clear guidelines regarding divorce procedures and children's rights after the divorce occurs. In terms of child care, Islamic law encourages parents to reach a good and fair agreement in the best interest of the child. If there is no agreement, the judge will decide on child care based on the principles of fairness and the best interests of the child.
ITSBAT NIKAH POLIGAMI PERSPEKTIF UNDANG-UNDANG PERKAWINAN DAN SEMA NO. 3 TAHUN 2018 Iffah Fathiah
Mawaddah: Jurnal Hukum Keluarga Islam Vol 1 No 1 (2023): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i1.2

Abstract

Sirri marriage or marriage under the hand is something that has become very common in society. One of the factors influencing it is the principle that if the conditions and pillars of marriage have been fulfilled, then it is sufficient to carry out a marriage, including in polygamous marriages. This kind of marriage violates Article 2 paragraph (2) of the 1974 Marriage Law which requires the registration of every marriage. The necessity of marriage registration is not only for administrative order, but also to ensure legal certainty and protection for wives and children. Thus, the wife and children of a sirri marriage will lose legal certainty and protection because sirri marriages are not recognized by law. As a solution to the rise of sirri marriages, itsbat nikah is held so that the sirri marriages that have occurred are recorded and recognized by the state as regulated in article 7 of the Compilation of Islamic Law. Regarding the itsbat nikah of irri polygamy, it is still possible to be accepted and granted by the Religious Court based on the Decree of the Chairman of MARI Number KMA/032/SK/IV/200611 dated April 6, 2006 concerning the Application of Book II Guidelines for the Implementation of Court Duties and Administration. The rules contained in Book II contradict SEMA No. 3/2018 which states that the application for itsbat nikah polygamy on the basis of irri marriage cannot be accepted.
DAMPAK PUTUSAN MAHKAMAH KONSTITUSI NO. 46/PUUVIII/2010 TERHADAP HUKUM PERKAWINAN DI INDONESIA Arfi Hilmiati; Kartika Yusrina
Mawaddah: Jurnal Hukum Keluarga Islam Vol 1 No 1 (2023): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i1.3

Abstract

The Constitutional Court has handed down the decision No. 46/PUU-VIII/2010 which brings a new paradigm in the family law system in Indonesia. Acceptance of judicial review of Article 2 paragraph (2) and Article 43 of Law no. 1 of 1974 concerning Marriage resulted in a decision stating that a child out of wedlock not only has a civil relationship with the mother and her mother's family, but also with her biological father as long as it can be proven by science and technology. The decision amends Article 43 paragraph 1 of Law no. 1 of 1974 concerning Marriage and reaped a lot of controversy. Most of the community stated that the decision legalized adultery. Therefore, the author raises the issue of the implications of the decision of the Constitutional Court no. 46/PUU-VIII/2010 on marriage law in Indonesia. The results of the discussion show that the decision has no effect on the provisions for registration of marriages as regulated in Article 2 paragraph (2) of Law no. 1 of 1974 concerning Marriage. However, it has big implications for the position of children born out of wedlock. Children born out of wedlock have the same rights as legitimate children, namely having kinship relations with biological fathers, maintenance, marriage guardians, and inheritance. The type of research used is library research using normative-juridical and juridical-sociological approaches. Sources of data were extracted from written materials such as legal texts such as law books, statutory regulations, compilations of Islamic law and journals relevant to the problems the authors discussed.
PENYELESAIAN SENGKETA KEWARISAN MELALUI MEDIASI: JALAN TERBAIK MENYELESAIKAN MASALAH Burhan Latip; Ahmad Muhajir; Elly Lestari; Muhammad Farid Hasan
Mawaddah: Jurnal Hukum Keluarga Islam Vol 1 No 1 (2023): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i1.4

Abstract

The division of inheritance does not always run smoothly. Many disputes occur between the heirs, both before and after the distribution of the inheritance. Disputes can be resolved by mediation, either out of court (non-litigation) or in court (litigation). Settlement of disputes over the division of inheritance by way of mediation is an alternative that can create a harmonious family atmosphere. Inheritance disputes can be resolved by mediation in court (litigation) because inheritance disputes are the absolute authority of the Religious Court. This research aims to find out the process of resolving inheritance disputes through the media. In this research using a qualitative method with a literature study approach, data is obtained from published studies and analyzed to obtain actual conclusions. The results showed that mediation provides many advantages for heirs compared to dispute resolution through the court. The advantages of the mediation process can strengthen the family relationship of the heirs and the dispute ends in a peaceful manner. The advantages that will be obtained, namely: First. Mediation can resolve disputes quickly, effectively and relatively cheaply compared to taking the dispute to court. Second. In the mediation process, the parties are not pressured by any party so that the outcome of the mediation is the agreement of the parties themselves. Third. Mediation produces an outcome that can end a dispute without causing hostility in the future.
PERKEMBANGAN HUKUM ISLAM PASCA PERIODE TAQLID (KEMAPANAN MAZHAB) Muhammad Maisan Abdul Ghani; Ghina Ulpah; Muhammad Husni Abdulah Pakarti; Diana Farid
Mawaddah: Jurnal Hukum Keluarga Islam Vol 1 No 1 (2023): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i1.5

Abstract

Islamic law experienced dullness and decline after the period of taklid. However, that period disappeared after Muslims sought a solution so as not to be left behind from the West which was increasingly advanced while Islam was the opposite. The revolution of Islamic thought was present during the progress of Islam after blind taklid, spearheaded by Islamic thinkers of his time, such as Abdul, Sheikh Muhammad as- Sirhindi, Sayyid Ahmad Syahid, Muhammad Abdul Wahab and so on, which made Islamic law and Islamic thought advance again. This research aims to analyze the development of Islamic law after the taqlid period. This research uses a qualitative method with a literature study approach as a data search process. Primary and secondary data are obtained from books, electronic journal manuscripts that have been published in journals that have national and international reputations related to the development of Islamic law during the taqlid period. After the data has been obtained, data analysis is carried out to find answers to the problems raised and after that the real conclusion is drawn. The results showed that Islamic law experienced a period of development, one of which is called the Awakening period which began in the second part of the 19th century until now, with the central figures being Jalaluddin Al-Afghani (1839-1897) and Muhammad Abduh (1849-1905). Their thoughts were heavily influenced by those of Ibn Taymiyyah (1263-1328). The first characteristic is the call to establish Pan Islamism and make comprehensive changes to the Islamic world, especially in the field of utilizing reason over the Qur'an and Sunnah and at the same time releasing ties from the shackles of the madhhab. Mazhab is something common, but excessive bigotry against the mazhab is something that perishes and destroys. Second, the approach to Islamic law through Mazhab Comparison, both the Shafi'i, Maliki, Hanafi and Hambali madhabs plus the Shi'a Mazhab. Comparisons are even made with Western legal systems and other laws. Third, it is characterized by considerable attention from the European and Western world in general to study Islamic law so that they make Islamic law an official subject in the Faculty of Law. Fourth, from the development of Islamic law is the tendency in Muslim countries to return to Islamic Law as seen in the Middle East and in Southeast Asia. Even if the country is not an Islamic state, the law applied in it is Islamic law.
Nushūz In Islamic Family Law: A Critical Study of Hadith Exegesis and Religious Court Verdicts Kusmardani, Alex; Ahmad Fathonih; Usep Saepullah; Nurrohman
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 1 (2024): Mei
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i2.6

Abstract

The ongoing family conflicts cannot be separated from the neglect of the position of the husband and wife in Islamic family law, known as nusūz. The purpose of this study is to understand Mufassireen's interpretation of nusyūz. This study is a qualitative research, a literature survey with an interdisciplinary approach - philosophical, Historical, psychological, sociological, and Islamic law approach - and a descriptive analysis from various sources such as tafsir, hadith, Islamic Yurisprudance, legal maxim and legislation. The meaning of nusyūz in al-Nisa 4:34 according to Mufassireen is similar. The difference between classical mufassirs and contemporary mufassirs is that classics allow and contemporary ones reject wife beating. There is also an interpretation of verse al-Nisa 128, where commentators argue that the husband's nusūz means relinquishing rights and obligations due to polygamy and unequal living, and the form of resolving the husband's nusūz is through advice and mediation. The judge's decision in resolving husband and wife nusu'us problems was the judge's reference to al-Baqarah paragraph 241, School Al-Dzahiriyah Article 39 paragraph 2 of Law Number 1 of 1974 concerning Marriage, Articles 149 and 241 Compilation of Islamic Law of 1991 as the implementation of takhsis al- qada is based on benefit which refers to the Islamic legal maxim Hukm al-Hakim Yarfa al-Khillaf, Tassaruf al-Imam Ra'iyah Ala Manut bi al-Maslahah.  

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