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As-Sakinah Jurnal Hukum Keluarga Islam
Published by Universitas Islam Zainul Hasan Genggong
ISSN : 30251400     EISSN : 30251419     DOI : -
Core Subject : Religion, Humanities, Education, Engineering,
Religion Humanities Civil Engineering, Building, Construction & Architecture Other
AS-Sakinah: Jurnal Hukum Keluarga Islam adalah Jurnal yang diterbitkan oleh Prodi Hukum Keluarga Islam Fakultas Syariah Universitas Islam Zainul Hasan Genggong Probolinggo, Jawa Timur, Indonesia. Jurnal ini diterbitkan dua kali dalam satu tahun (Februari dan Agustus). Redaksi mengundang akademisi, dosen, dan peneliti untuk ikut menulis artikel di jurnal ini. jurnal ini merupakan edisi cetak versi online yang diterbitkan oleh Prodi Hukum Keluarga Islam Fakultas Syariah Universitas Islam Zainul Hasan Genggong Probolinggo, Jawa Timur, Indonesia.
Arjuna Subject : Umum - Umum
Articles 26 Documents
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Implementasi kaidah dar’ul mafasid muqaddamun ‘ala jalbil mashalih terhadap pencatatan perkawinan di Indonesia Faizah, Isniyatin; Prafastara Winindra, Alantama; Niswatin Khoiroh , Dewi
AS-SAKINAH Vol 2 No 1 (2024): Vol 2 No 1 Februari 2024
Publisher : Prodi Hukum Keluarga Islam Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jhki.v1i2.333

Abstract

Indonesia terkenal sebagai negara yang beragam suku, budaya dan agama, sudah menjadi suatu hal yang umum bilamana terdapat problematika yang menyangkut salah satu ajaran dengan ajaran lain. Agama Islam merupakan agama yang banyak diikuti oleh masyarakat Indonesia, menjadikannya salah satu agama yang banyak berkontribusi dalam masalah yang muncul di negara dengan mengatasnamakan agama. Sebagaimana permasalahan dalam perkawinan, dalam agama Islam perkawinan menurut ahli fikih berbanding terbalik dengan apa yang dijelaskan dalam peraturan pemerintah, peraturan tersebut menjelaskan bahwa suatu perkawinan dapat dikatakan sah apabila dalam prosesnya mencakup apa yang telah dijelaskan dalam pasal 2 ayat (2) Undang-undang Perkawinan, yang mana didalamnya tertera bahwa tiap-tiap perkawinan dicatat menurut perundang-undangan yang berlaku. Sedangkan dalam Islam tidak mengenal adanya pencatatan pernikahan, karena pada dasarnya pernikahan yang sah menurut Islam apabila telah mencakup rukun dan syarat dalam pernikahan maka sudah bisa dikatakan sebagai pernikahan yang sah. Implimentasi kaidah Dar’ul Mafāsid Muqaddamun ‘alā Jalbil Maşalih mungkin akan menjadi penguat bahwa pencatatan pernikahan adalah salah satu upaya untuk mengatasi permasalahan terkait pernikahan menurut Islam dan peraturan perundang-undangan.
Perjanjian perkawinan menurut perundang-undangan di Indonesia Hannan, Abd.; Herlina , Herlina
AS-SAKINAH Vol 2 No 1 (2024): Vol 2 No 1 Februari 2024
Publisher : Prodi Hukum Keluarga Islam Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jhki.v1i2.336

Abstract

This research is motivated by an explanation of marriage with the laws in Indonesia that discuss marriage agreements. According to imam shafi'i if a man marries a girl or widow by ordering a dowry of one thousand on condition that the wife may leave the husband's house whenever she wants or on condition that the husband may not take her out of his country or on condition that the husband may not mix her with another woman. If the marriage has already taken place, then the husband may do so and not fulfill the condition again, then the marriage remains valid but the condition is void. Meanwhile, the marriage agreement according to Indonesian law does not only regulate property issues and the consequences of marriage but also the rights and obligations of both parties as long as the agreement does not conflict with the limits of the law. Marriage is a permanent relationship between two people that is recognized as legitimate by the community concerned based on the applicable marriage regulations. Depending on the local culture, the form of marriage can vary and its purpose can vary as well. But generally marriage is exclusive and recognizes the concept of infidelity as a violation of marriage. This research was conducted to examine marital agreements in the perspective of Indonesian law. This research is conducted with a normative approach to analysis using primary and secondary materials presented qualitatively using the deductive method to get conclusions. The result of this study is that the juridical marriage agreement of the existence of the marriage agreement is that it does not cancel the existing marriage contract. The conclusion is that based on the descriptions described thoroughly, this research can be concluded that the marriage agreement made by the prospective husband and the prospective wife at the time or before the marriage is held which is legalized by the marriage registrar as regulated in Law number 1 of 1974 Article 29, emphasizes that the contents of the agreement must not violate the boundaries of law, religion and decency, meaning that it can be about anything.
Menimbang kembali regulasi kawin hamil di Indonesia Faisol, Syahid Akhmad; Hikmiyah, Hawa’ Hidayatul
AS-SAKINAH Vol 2 No 1 (2024): Vol 2 No 1 Februari 2024
Publisher : Prodi Hukum Keluarga Islam Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jhki.v1i2.337

Abstract

This article aims to explore in depth the regulation of pregnant marriage in Indonesia in terms of the basic values of legal certainty, legal justice and legal benefits. Considering that since the enactment of this rule, it has caused turmoil in the community such as confusion over child guardianship and some people consider it a form of legalization of adultery. The method used is formative juridical with the main reference of Article 53 of the Compilation of Islamic Law, Law no. 1 of 1974 concerning Marriage and classical fiqh. The results of this research show that the establishment of regulation on pregnant marriage in Article 53 of the KHI prioritizes the value of benefit for women and their children by minimizing the harm caused. Then from the principle of legal certainty in the form of legality of pregnant marriage (Women adulteress) to determine the best choice, and legality of the law on the baby conceived in obtaining an equal position with other children. The principle of justice with the value of affirmative justice for the conceived child. As well as neminem non-laedere justice, a form of men's responsibility for actions that injure women. The principle of legal benefit by providing discretionary opportunities to practitioners in the Religious Courts and KUA to provide legal breakthroughs that are more actual and adaptive. Judging from the mashlahah mursalah the achievement of 4 out of 5 elements, namely the maintenance of religion by closing the path of unlawful acts, the maintenance of the soul with the survival of women and the baby they conceived, the maintenance of reason by maintaining the mental health of women and the growth and development of healthy babies.
Pemenuhan nafkah bagi anak yatim dalam perspektif hukum Islam Faizah, Nur
AS-SAKINAH Vol 2 No 1 (2024): Vol 2 No 1 Februari 2024
Publisher : Prodi Hukum Keluarga Islam Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jhki.v1i2.338

Abstract

The practice of fulfilling maintenance for orphans is an important aspect of Islamic law, which bases its principles on the welfare and protection of children's rights. This article discusses the perspective of Islamic law regarding the fulfillment of orphan maintenance, exploring the legal principles that regulate rights and obligations in this regard. The analysis covers the obligations of parents or guardians, and the inherent rights of orphans in the context of meeting basic needs, education, and psychosocial well-being. The article also reviews some contemporary practices in the fulfillment of orphan maintenance, highlighting issues that may arise and efforts to improve the child protection system within the framework of Islamic law. Considering humanitarian values and social justice, this study proposes solutions that can improve the effectiveness of the fulfillment of orphan maintenance under the teachings of Islamic law.
Kesetaraan antara laki-laki dan perempuan dalam pernikahan perspektif hukum Islam Dyana, Dyana
AS-SAKINAH Vol 2 No 1 (2024): Vol 2 No 1 Februari 2024
Publisher : Prodi Hukum Keluarga Islam Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jhki.v1i2.344

Abstract

In Islamic law, kafa`ah is applied as something that is "considered" in marriage, but is not related to its validity. It is with this kafa'ah that Islam places great value on women. Each bride-to-be has the right to choose a person who is equal to her, as well as a man, who has the right to choose a woman who is equal to him to be his wife. Of course it is really one thing that needs to be considered in matters of marriage. For example, like a free person, he has the right to choose a partner who is also free. Except if there is indeed a sense of sincerity to accept a slave as a potential partner who is wanted while he is a free person. The research method used is literature study, which is a research whose preparation is the same as other research but the source and method of data collection by taking data in the library, reading, recording, and processing research materials. Research with literature studies is also a research categorized as a scientific work because data collection is carried out with a strategy in the form of a research methodology. There are several scholarly opinions regarding kafa'ah in a marriage, as explained by Ahmad Royani. According to the majority of scholars, kafa'ah is something that is very important for the continuity and harmony of a marriage, although according to them kafa'ah is not a condition for the validity of a marriage. That is, the concept of kafa'ah is only the virtue and validity of marriage between people who are not sekufu, this opinion is based on the words of the Prophet Muhammad SAW which means "Indeed I will prevent the marriage of national women, unless they marry men who are sekufu".
Strategies for realizing a sakinah family in the context of families with careers: Challenges and solutions Aisyah, Rina Nur; Weber, Marcus
AS-SAKINAH Vol 2 No 2 (2024): Vol 2 No 2 Agustus 2024
Publisher : Prodi Hukum Keluarga Islam Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jhki.v2i2.435

Abstract

This study examines effective strategies in realizing a sakinah family in the midst of increasingly complex career demands. The main problems faced by career families include limited time for family, role conflict between work and family responsibilities, and lack of social support. The purpose of this study is to identify these challenges and formulate solutions that can be applied to achieve a balance between professional and family life. The research method used was a combination of in-depth interviews and a survey of 25 families with careers in various major cities in Indonesia. The data obtained was analyzed to understand the dynamics of career families and find strategies that have been successfully applied in everyday life. The results showed that efficient time management, open communication, and fair division of roles in the household are key elements in maintaining family harmony. The use of technology has also emerged as an innovative solution that helps career families manage domestic tasks and stay connected effectively. In addition, religious and cultural values, such as spirituality and mutual cooperation, play an important role in strengthening family bonds and creating a harmonious environment.
The role of family on children's education: Islamic law perspective Zainudin, Ahmad; Al-Muqri, Fatima
AS-SAKINAH Vol 2 No 2 (2024): Vol 2 No 2 Agustus 2024
Publisher : Prodi Hukum Keluarga Islam Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jhki.v2i2.436

Abstract

This research examines the role of the family in children's education from the perspective of Islamic law. The main issues raised are how the family influences the process of child education in accordance with the principles of Islamic law and what challenges are faced in its implementation. The purpose of this study is to analyze the role of the family in children's education and how Islamic law governs family responsibilities.. The research method used is literature reviewand in-depth interviews with parents and educators. Data were collected from relevant primary and secondary sources, including classical and contemporary texts on Islamic law and education. The results show that the family has a central role in children's education according to Islamic law, which includes the responsibility to provide adequate religious education, educate children with moral values, and support their academic development. The research found that despite the important role families play, challenges include a lack of understanding of the principles of Islamic law and limited resources. The findings emphasize the need for a more integrative approach and support for families in carrying out their role in children's education in accordance with Islamic law.
Poligami tanpa izin istri pertama menurut Hanafiyah dan Syafi’iyah serta Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan Hannan, Abd; Rosid, Abdul
AS-SAKINAH Vol 2 No 2 (2024): Vol 2 No 2 Agustus 2024
Publisher : Prodi Hukum Keluarga Islam Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jhki.v2i2.452

Abstract

Polygamy is a controversial issue within Islamic discourse, with differing opinions (ikhtilaf) that have persisted for a long time. Historically, polygamy has deep roots in Islamic tradition. Before the advent of Islam in the Arabian Peninsula, polygamy was a common cultural practice among Arab societies, often with no restrictions. Islam later imposed limitations and set specific conditions for its permissibility. The ongoing debate about polygamy arises from differing interpretations by scholars of religious texts, making it a highly contentious topic that is difficult to reconcile. In Indonesia, marriage is generally based on the principle of monogamy, though polygamy is not entirely prohibited. According to Article 1 of the 1974 Marriage Law and the Compilation of Islamic Law (KHI), polygamous marriages are permitted under certain conditions. One key requirement is obtaining the consent of the first wife, which must be documented in writing. If a man practices polygamy without the first wife's consent, it can lead to significant conflict and psychological distress within the household. The wife may feel betrayed and may seek a divorce, often suffering emotionally and financially. Additionally, if the wife initiates the divorce due to unapproved polygamy, she may not be entitled to compensation (mut'ah), which further disadvantages her.
Membangun keluarga sakinah: Analisis upaya KUA Kecamatan Bungah, Kabupaten Gresik Akbarsyah Izzul Haq, Raffly; Velayati, Naily
AS-SAKINAH Vol 2 No 2 (2024): Vol 2 No 2 Agustus 2024
Publisher : Prodi Hukum Keluarga Islam Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jhki.v2i2.453

Abstract

This research discusses the definition of a sakinah family and the efforts made by the Religious Affairs Office (KUA) of Bungah District, Gresik Regency, in realizing a sakinah family, as well as the supporting and inhibiting factors that influence these efforts. The purpose of this study is to find out the efforts of the KUA of Bungah Sub-district in forming a sakinah family and to understand the factors that support and hinder its success. This research is a field study with a qualitative approach, which focuses on the efforts of the KUA of Bungah Sub-district in realizing a sakinah family as well as the supporting and inhibiting factors. The data used comes from primary and secondary data sources, with data collection methods through observation, interviews, and documentation. The results show that the efforts made by the KUA of Bungah Sub-district in realizing a sakinah family have a significant impact on family life in the region. These efforts provide great benefits to the community in building family harmony, as well as increasing knowledge and understanding of the sakinah family. This is evidenced by the high interest of the community in attending the socialization organized by the KUA of Bungah Sub-district, both in public recitation and in guidance activities for prospective brides. In addition, the decrease in divorce cases in the Bungah Sub-district area is an indicator of the success of the efforts made.
Menghafal Al-Qur'an sebagai syarat pernikahan dalam perspektif konstruksi sosial Wahid, Abdurrahman
AS-SAKINAH Vol 2 No 2 (2024): Vol 2 No 2 Agustus 2024
Publisher : Prodi Hukum Keluarga Islam Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jhki.v2i2.454

Abstract

At the Nurul Qur'an Islamic boarding school in Kraksaan, Probolinggo, a unique local wisdom requires students to memorize 30 chapters of the Qur'an before they can marry. This practice, which lacks a theoretical or legal basis, reflects a cultural and social construction unique to the institution. This research aims to explore the social construction perspective of this local wisdom and to identify the supporting and inhibiting factors related to it. Employing a qualitative, descriptive approach, the study focuses on students at the boarding school. Data were collected through observation, interviews, and documentation, with analysis involving data reduction, presentation, and verification. The validity of findings was ensured through trustworthiness, transferability, dependability, and certainty. The study reveals that this local wisdom has been passed down through generations, rooted in social, cultural, and individual factors that align with societal norms and moral values. Supporting factors include: 1) parental involvement, 2) the Madrasatul Qur'an institution, and 3) Qur'an memorization teachers. Inhibiting factors include: 1) environmental influences such as peers who may disrupt discipline, and 2) educator-related issues like absences or illness that affect teaching consistency. The conclusion underscores that local wisdom is shaped by individual and societal factors as long as it adheres to accepted norms. The study recommends that institutions enhance systems and discipline to support students in memorizing the Qur'an, and that students adhere to institutional guidelines to meet established targets.

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