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Ahwaluna | Jurnal Hukum Keluarga Islam
Published by Institut Agama Islam Tasikmalaya
ISSN : -     EISSN : 29631831     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Ahwaluna Merupakan jurnal program studi hukum keluarga Islam yang terbit dua kali setahun yaitu bulan September dan Maret. Ahwaluna menerima artikel dari dosen, mahasiswa dan para cendekiawan yang beasal dari penelitian, pemikiran dan pengalaman. ruanglingkup dari jurnal ini adalah semua yang berkaitan dengan hukum keluarga Islam yang terbit pada bulan September dan Maret
Arjuna Subject : Umum - Umum
Articles 79 Documents
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SEBAB PERCERAIAN YANG DIPICU PERTENGKARAN KARENA MASALAH UTANG DI BANK EMOK (STUDI KASUS DI DESA TANJUNGSARI KECAMATAN SALOPA KABUPATEN TASIKMALAYA) Ipin Tajul Aripin; Lukmanul Hakim; Siti Puadah
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 3 No 1 (2023): Oktober,2023
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

The inception of the debt and credit system at Emok Bank in Tanjungsari Village, Salopa Subdistrict, Tasikmalaya Regency is closely linked to the inadequate income generated for meeting household need. Nevertheless, the provision of loans to bank personnel is accompanied by numerous detrimental repercussions in practical application. The primary objective of this research is to ascertain the viewpoints of Islamic law and positive law on bank emok, discern the factors that contribute to the emergence of bank emok, and analyze the societal ramifications associated with bank emok. The present study employs a qualitative descriptive methodology, with the objective of offering a full depiction of the observed occurrences. The research employed a normative-empirical methodology, adopting a juridical perspective. The acquisition of primary and secondary data was facilitated through the utilization of observation, interviews, and literature research as methods of data collecting. The findings of this analysis suggest that the debt and credit transactions conducted at Bank Emok fall within the realm of muamalah actions that are prohibited according to Islamic law. The presence of usury is a notable factor in the execution of these agreements. Furthermore, within the domain of positive law, there exists a lack of precise norms governing this particular issue. The proliferation of these loans is contingent upon prevailing economic circumstances and the adoption of a hedonistic way of life. Moreover, this phenomenon has had an impact on the frequency of divorce. The establishment of the debt and credit system at Emok Bank in Tanjungsari Village, Salopa Subdistrict, Tasikmalaya Regency is intricately connected to the insufficiency of money generated to fulfill household need. However, the act of providing loans to bank employees is associated with several negative consequences in real-world implementation. The main aim of this study is to investigate the perspectives of Islamic law and positive law about bank emok, identify the reasons that contribute to the establishment of bank emok, and examine the societal consequences associated with bank emok. The current study utilizes a qualitative descriptive methodology in order to provide a comprehensive portrayal of the observed phenomena. The study utilized a normativeempirical approach, taking into consideration a juridical standpoint. The collection of primary and secondary data was aided by employing observation, interviews, and literature research as data collection methods. The research reveals that the debt and credit transactions carried out by Bank Emok are deemed impermissible under Islamic law, as they fall within the category of muamalah actions that are prohibited. The existence of usury is a significant element in the implementation of these agreements. Moreover, it is worth noting that within the realm of positive law, there is a noticeable absence of well-defined rules that regulate this specific matter. The widespread availability of these loans is dependent on the current economic conditions and the acceptance of a hedonistic lifestyle. Furthermore, this phenomena has had a significant influence on the prevalence of divorce
HAK DAN KEWAJIBAN ISTRI : PERAN ISTRI DALAM RANAH DOMESTIK DAN KARIER (Studi Kasus di Desa Margahayu Kecamatan Manonjaya Kabupaten Tasikmalaya) Gunadi; Nida Amalia Dewi
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 3 No 1 (2023): Oktober,2023
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

In this modern era, many wives not only play a role in the household as mothers (domestic role), but also in society with various functions and positions (public role/career). As was found in Margahayu Village, Manonjaya District, Tasikmalaya Regency, there are quite a number of wives who not only play a role in the domestic sphere, taking care of the household and family, but they also play a role in the public sphere. The purpose of this research is to find out the rights and obligations of wives in the domestic sphere, to know the rights and obligations of wives in the career realm, to find out the strategies of wives who work as career women in balancing the role of mother, between career and family. The method that the author uses is a qualitative research method, namely research procedures that produce descriptive data in the form of written or spoken words or people or actors observed in the field (field research), namely research whose object is about symptoms or events that occur in community groups. So this research can also be called case research or case study with a qualitative descriptive approach. In Margahayu Village, Manonjaya District, Manonjaya District, Tasikmalaya Regency, it was found through interviews that several wives who became career women stated that nothing prevented them from having a career, even though they were already married, had husbands and children. They don't mind the cultural norms that say that after marriage and becoming a wife, women have to take on more household responsibilities. Strategies in balancing the mother's role, between career and family, namely with quality time, good communication, openness, mutual understanding, managing time as best as possible, husband's support, maintaining family integrity by trying to understand each other
PROBLEMATIKA ANTARA HIBAH DAN WARIS TERHADAP ANAK BUNGSU IMPLEMENTASINYA DI KELURAHAN SETIAWARGI KECAMATAN TAMANSARI KOTA TASIKMALAYA Mohamad Hamim; David Yulian
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 3 No 1 (2023): Oktober,2023
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

The division of inheritance is a transfer or transfer of parental property to their children, be it sons or daughters. In carrying out the transfer or transfer of the inheritance, it is carried out or given after the heir dies, as has been stipulated in Islamic law. In the Setiawargi Village community there are differences between Islamic law, such as giving a house when parents are still alive as a grant and giving a house when parents have died as inheritance. In the distribution of inheritance for the youngest child, it is strongly influenced by custom, namely with the priority of getting an heirloom house or a house left by parents and still receiving a share of the inheritance like other heirs. This study aims to find out the concept of Islamic law in the distribution of grants and inheritance to children, to know the practices and considerations for the youngest child to be prioritized in obtaining grants and greater inheritance rights and to find out the views of Islamic law on solving the problems of grants and inheritance for the youngest child. This research method is field (Field Research) with the nature of qualitative descriptive research, namely collecting existing facts, by examining the object directly at the location to be studied. While the data sources obtained from primary data sources and secondary data sources. The results of this study 1. The concept of Islamic law in the distribution of grants and inheritance to children has several alternatives, namely by way of tashaluh or peace, by way of will and by way of grants, 2. The practice and considerations of the youngest child are prioritized in obtaining grants and inheritance rights that are more which was carried out by parents when they were still alive and one of them had died on the basis of the habits of the previous parents and the hope of the parents that their house after they died would be maintained so that the house would remain a gathering place family. The property donated to the youngest child is the house of his own parents. This grant to the youngest child is carried out orally by the parents to their youngest child without including a notarial deed and if there is a dispute in the future it is resolved amicably, 3. The view of Islamic law on the practice of dividing inheritance for the youngest child is prioritized for grants and greater inheritance seen in terms of the pillars and terms of the grant, it is appropriate and fulfills the provisions of Islamic law and the gift is based on the agreement of other heirs besides the youngest child.
Tertunda Pembagian Harta Waris Kepada Ahli Waris Studi Di Desa Cipatujah Muhammad Abduh; Roni Nurhidayat
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 3 No 1 (2023): Oktober,2023
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

One of the rituals in Cipatujah Village, Tasikmalaya Regency is the postponement of inheritance distribution. This delay is caused because one of the parents is still alive and the heir is not yet an adult. The purpose of this research is to find out the perspectives of positive law and Islamic law on the postponement of the division of inheritance and its procedures, as well as the perspective of the local government regarding it. This research uses descriptive qualitative methods, including documentation, observation of the application of delayed inheritance distribution, and interviews with community leaders. The juridical-empirical method was also used. The result of this research is that Islamic Law suggests accelerating the process of inheritance distribution if there is no compelling reason. Surah An-Nisa contains this instruction, especially in verses 5, 7, 13, and 14. If all heirs agree unanimously or if there is a shar'i justified reason, the division of inheritance can be postponed. The postponement of the distribution of the inheritance can be justified by the heirs using their legal capacity. Article 830 of the Civil Code and article 175 of the second book of the Compilation of Islamic Law encourage the acceleration of the inheritance distribution process in Indonesia. It is important to remember that postponement of the division of the estate can be authorised if all the heirs agree. As part of the inheritance division process, all outstanding debts, funeral costs, and wills are usually paid before the remaining assets are distributed to the heirs according to their rank of receipt. In Cipatujah Village, there is a custom of delaying the division of inheritance because one parent is still alive and the designated heir is too young to responsibly administer the estate. In Cipatujah Village, the division of inheritance is done independently or with assistance from the authorities or religious and community leaders. In Islamic jurisprudence, under some conditions, such as when there are shar'i justified reasons, the division of inheritance in Cipatujag Village can be postponed. This can happen when one of the parents of the designated heir is still alive and the heir is still a child, in which case the division of inheritance needs to be postponed.
REALISASI KAIDAH FIQH INDUK KELIMA الْعَادَةُ مُحَكَّمَةٌ (AL-‘AADAH MUHAKKAMAH) SEBAGAI METODE ISTINBATH DALAM KAJIAN HUKUM KELUARGA ISLAM Fiteriana, Habibah
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 5 No 1 (2024): September, 2024
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

Abstrak Qawaidul fiqh (kaidah-kaidah fiqh) adalah suatu hukum kulli atau menyeluruh yang mencakup intisari hukum-hukum fiqh. Qawaidul fiqh memiliki 5 (lima) kaidah induk yang salah satunya yaitu kaidah الْعَادَةُ مُحَكَّمَةٌ (al-‘aadah muhakkamah) yang diambil dari kebiasaan-kebiasaan baik yang tumbuh dan berkembang dalam masyarakat sehingga dapat dijadikan sebagai dasar dalam menetapkan suatu hukum sesuai dengan nilai-nilai yang hidup pada masyarakat tersebut. Melalui penulisan berbasis literatur ini, akan dijabarkann mengenai kaidah fiqh induk kelima yang mana kaidah fiqh ini berkedudukan sebagai titik temu dari masalah-masalah fiqh. Dari hasil temuan dapat diketahui bahwa dengan mengetahui dan memahami penerapan kaidah fiqh induk kelima ini akan membuat seseorang menjadi lebih bijak dalam menerapkan hukum fiqh lebih khususnya yang berkaitan dengan adat atau kebiasaan masyarakat, serta lebih mudah memberikan solusi terhadap masalah-masalah yang terus berkembang seiring waktu, tempat, situasi dan kondisi yang seringkali berubah-ubah. Kata Kunci: Kaidah Fiqh Induk; Al-‘Aadah Muhakkamah; Hukum Keluarga Islam.
PENYELESAIANNYA PEMBAGIAN WARISAN TANPA MELALUI PENGADILAN MELALUI METODE TASHALUH Abduh, Muhammad
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 4 No 2 (2024): Maret 2024
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

In a sale and purchase agreement via the internet, the transaction is not the same as a conventional sale and purchase agreement where the seller and buyer meet face to face. So that raises the question of when the agreement occurs. To answer this, we can use the Acceptance Theory which teaches that an agreement occurs when the offering party directly receives an answer from the opposing party. The agreement between the seller and the buyer occurs when the seller receives an answer from the buyer. This can be done by several methods, namely through a single click, "double click to three clicks. Basically, the provisions of Article 1458 of the Civil Code still apply. That an agreement is deemed to have occurred when one party agrees (agrees) on the subject of the agreement stated by the other party. This statement is the basis for the agreement (statement of will) of the two parties. The validity of a sale-purchase agreement through e-commerce is the same as a conventional sale-purchase agreement because of the fulfillment of the validity of the agreement stipulated in Article 1320 of the Civil Code.
PERJANJIAN JUAL BELI E-COMERCE DITINJAU DARI HUKUM PERJANJIAN DAN UNDANG-UNDANG INFORMASI DAN TRANSASI ELEKTRONIK Gunadi
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 4 No 2 (2024): Maret 2024
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

In a sale and purchase agreement over the internet, the transaction is not the same as a conventional sale and purchase agreement where the seller and buyer meet face to face. This raises the question of when an agreement occurs. To answer this, we can use the Acceptance Theory which teaches that an agreement occurs when the offering party directly receives an answer from the opposing party. The agreement between the seller and the buyer occurs when the seller receives an answer from the buyer. This can be done by several methods, namely through a single click, "double click to three clicks. Basically, the provisions of Article 1458 of the Civil Code still apply. That an agreement is deemed to have occurred when one party agrees (agrees) on the subject of the agreement stated by the other party. This statement is the basis for the agreement (statement of will) of the two parties. The validity of a sale and purchase agreement through e-commerce is the same as a conventional sale and purchase agreement because of the fulfillment of the valid terms of the agreement stipulated in Article 1320 of the Civil Code.
PENYELESAIANNYA PEMBAGIAN WARISAN TANPA MELALUI PENGADILAN MELALUI METODE TASHALUH Abduh, Muhammad
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 1 No 1 (2022): JURNAL HUKUM KELUARGA ISLAM
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/ahwalunajurnalhukumkeluargaislam.v1i1.320

Abstract

This research highlights the importance of resolving inheritance disputes in Indonesia through the Tashaluh method, an amicable approach that integrates the principles of sharia, adat and local traditions. The general background shows that inheritance conflicts often impose significant financial and emotional burdens and can disrupt family relationships. On the other hand, the specific background highlights the need for alternative methods such as Tashaluh in addressing the different interpretations of inheritance laws from customary, religious and national laws that are often the starting point of conflict. This research fills the knowledge gap by exploring the potential of the Tashaluh method in defusing inheritance conflicts and maintaining family harmony. Through a normative-empirical approach, this research uses deductive and inductive approaches to analyze the phenomenon of inheritance division in society. The main findings show that the Tashaluh method can be an effective alternative in resolving inheritance disputes by maintaining cultural and religious sustainability and enriching traditional means of conflict resolution. The implications of this research provide new insights for Islamic law practitioners and researchers in strengthening the legitimacy of resolving inheritance disputes in accordance with the cultural and social context of the community, as well as highlighting the importance of further research to explore the long-term impact of using the Tashaluh method on social stability, economy, and justice in the community.
MEMBACA AL- QURAN SEBAGAI MEDIA UNTUK MENENANGKAN PIKIRAN, MENGURANGI STRES DAN RELAKSASI Tajul Aripin, Ipin
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 4 No 2 (2024): Maret 2024
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

Since it was revealed more than 14 centuries ago, the Quran is considered the holy words of Islam, and is believed to provide psycho-spiritual therapeutic benefits to its readers and/or listeners. In this context, listening to the Quranic verses rhythmically, among Muslims is often seen as a form of murotal. However, compared to music, rhythm, book-novel reading and meditation therapies, information regarding the neural basis of the healing effects based on the Quran remains largely unexplored. In this narrative review, the researcher presents and discusses work related to neural, mental correlates that highlights some methodological issues and proposes recommendations to advance this emerging transdisciplinary research. Collectively, evidence suggests that listening to rhythmic-murotal Quranic verses activates similar brain regions and produces similar theraptic effects compared to music and rhythm therapy. Nonetheless, further research is needed with a more concise research design involving standardized neorology, brain, neuroscience and health experts to strengthen these findings, and pave the way for listening to Quranic verses as an effective psycho-spiritual therapy.
PERBEDAAN NAFKAH ISTRI MENURUT KHI DAN BIDAYAT AL-MUJTAHID Itang Komar
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 4 No 2 (2024): Maret 2024
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

The meaning of living in a number of Arabic dictionaries cannot be separated from the legal concept of the meaning of living in the sense of a number of provisions in the form of materials given by a husband to his wife which are used to fulfill daily life. The same meaning is also stated by the Big Indonesian Dictionary. This understanding of livelihood is not found in the KHI or the Bidayat al-Mujtahid book. It is interesting to research what is meant by a wife's maintenance according to KHI, what is meant by a wife's maintenance according to Bidayat al-Mujtahid and how the wife's maintenance differs according to KHI and Bidayat al-Mujtahid This research aims to determine the meaning of wife's maintenance according to KHI, the meaning of wife's maintenance according to Bidayat al-Mujtahid and the differences in wife's maintenance according to KHI and Bidayat al-Mujtahid. The research method used is a qualitative approach, literature study and is descriptive. The qualitative method was chosen with the aim of obtaining in-depth data in natural conditions with the researcher as the key instrument that produces descriptive data from the things observed. The research results show that the definition of wife maintenance in KHI is not explained in detail, nor is it explained in Bidayat al-Mujtahid. There are differences in a wife's living according to KHI and Bidayat al-Mujtahid, namely in terms of: Scope of living, time required to provide a living, size of the amount of living, the person who is obliged to provide a living and the person who is obliged to earn a living.

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