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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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UPAYA KELUARGA KARIR MEMBENTUK KELUARGA SAKINAH Hamim, Mohamad
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 4 No 2 (2024): Maret 2024
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

A wife as a career woman has both positive and negative impacts on their home life. Therefore, forming a sakinah family for career women certainly has many challenges and obstacles. So far, the stigma that is often attached to society that women have to look beautiful, look beautiful, look gentle and be at home just by taking care of the household can be considered psychological violence. Thus, career women's efforts to build harmony. In order for the family to become a sakinah family, the strategy is to maintain the commitment obtained from the agreement between husband and wife and good communication between husband, wife and children. This commitment and communication are important for career women, because women who work in the domestic sector and in the public sector have limited time and energy to carry out both roles. Therefore, career women need support from the people closest to them so that life continues to run harmoniously
Implikasi Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010 Terhadap Kedudukan Anak Di Luar Perkawinan Setyawan, Rahmad; Nur Sholikin; Al - Robin
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 5 No 1 (2024): September, 2024
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/ahwalunajurnalhukumkeluargaislam.v1i1.337

Abstract

Abstract This research aims to explain and analyze the legal considerations and concurring opinion presented by Judge Maria Farida Indrati, as well as the implications of Constitutional Court Decision Number 46/PUU-VIII/2010 on the status of children born out of wedlock. This study is a library research using a descriptive-analytical method. The data in this research was obtained by examining Decision Number 46/PUU-VIII/2010, as well as various library references related to the issue under investigation. The research results show that the Constitutional Court has made a progressive and responsive legal breakthrough to achieve justice for children born out of wedlock, although within the legal considerations, a concurring opinion was expressed by Judge Maria Farida Indrati. This legal breakthrough declares that a child born out of wedlock (sirri) has a civil relationship with their mother and the mother's family, as well as with the man as the father, which can be proven based on science and technology and/or other legal evidence indicating a blood relationship, including civil relations with the father's family. The civil rights granted to a child born out of wedlock (sirri) do not conflict with the provisions concerning lineage, inheritance, and guardianship. A child born out of wedlock (sirri) can claim rights that are not regulated in fiqh, such as the right to education expenses, healthcare, living necessities, and future preparation. Additionally, the child can claim compensation for unlawful acts that harm others, as stipulated in Article 1365 of the Civil Code, or claim for breach of contract. In short, a child born out of wedlock (sirri) has civil rights unrelated to lineage, inheritance, guardianship, or any civil rights not related to the principles of munakahat according to fiqh. Keywords: The Status of Children Born Out of Wedlock; Marriage Registration; Constitutional Court Decision Number 46/PUU-VIII/2010.
FENOMENA PENYAMAAN PEMBAGIAN WARIS ANTARA ANAK PEREMPUAN DAN LAKI LAKI (Penelitian di DESA CIHERAS KECAMATAN CIPATUJAH KABUPATEN TASIKMALAYA) Siti Hafsah Auliyah; Abduh, Muhammad
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 5 No 1 (2024): September, 2024
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/ahwalunajurnalhukumkeluargaislam.v5i1.371

Abstract

This study focuses on the phenomenon of equal inheritance distribution between male and female children in Ciheras Village, Cipatujah Subdistrict, Tasikmalaya Regency. This practice contradicts Islamic law, which stipulates that the inheritance division should be 2:1. The purpose of this research is to investigate the factors behind this practice, as well as the Islamic legal perspective on it. The research method used is qualitative, employing descriptive-analytical techniques with a normative-empirical approach. Secondary data comes from relevant literature, while primary data is obtained through direct observation and in-depth interviews with religious figures and local communities. The research findings reveal several factors contributing to the equal inheritance distribution: the economic conditions of the predominantly farming community, efforts to avoid family conflicts, long-standing traditions, and the relatively small amount of inheritance. This practice is applied to maintain family harmony, despite Islamic law not recognizing the faraidh principle. This study provides insights into social transformation and community values influenced by the application of Islamic inheritance law in rural areas.
IMPLEMENTASI SURAT EDARAN DIRJEN BIMAS ISLAM NOMOR P-005/DJ.III/HK.00.7/10/2021 TENTANG MASA 'IDDAH ISTRI DAN SUAMI DI KUA SE KOTA TASIKMALAYA TAHUN 2022-2023 Fahrul; Gunadi
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 5 No 1 (2024): September, 2024
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/ahwalunajurnalhukumkeluargaislam.v5i1.372

Abstract

Iddah means a calculation or waiting period for a wife who has been divorced by her husband, but in the Circular Letter of the Director General of Islamic Guidance Number: P-005/Dj.III/Hk.007/10/2021 published in 2021 which requires a husband to also wait for his ex-wife's iddah period. The purpose of this study is to determine the background, legal position and sanctions of the circular letter of the Director General of Islamic Guidance and its application in the Tasikmalaya City KUA. This research uses qualitative methods with observation and interview data collection techniques. The results of this study, first, the background of the issuance of this Circular Letter there are 3 things, namely the ineffectiveness of the 1979 Circular Letter, the potential for covert polygamy, and the procedure for fracturing marriage. Second, the position of this circular letter is not included in the laws and regulations and is contrary to the UUP and KHI so that there are no special sanctions. Third, the implementation carried out by the Tasikmalaya City KUA has been socialized to every former husband who will remarry in the iddah period of his ex-wife. The impact of this Circular Letter is that many people still do not understand this, but after the socialization by the KUA, the community understands and follows the existing regulations.
DAMPAK PERUBAHAN USIA PERKAWINAN TERHADAP PERMOHONAN DISPENSASI PERKAWINAN DI PENGADILAN AGAMA TASIKMALAYA Hamim, Mohamad; Ade Puadah
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 5 No 1 (2024): September, 2024
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/ahwalunajurnalhukumkeluargaislam.v5i1.373

Abstract

The amendment of Law Number 1 of 1974 concerning marriage to Law Number 16 of 2019 concerning the age limit of marriage has caused a high number of marriage dispensations at the Tasikmalaya Religious Court. This change is focused on the age limit for marriage from 16 years old to 19 years old. This study aims to find out the concept of marriage dispensation according to Marriage Law No. 1 of 1974 which was changed to Law No. 16 of 2019, factors that are considered by the Judge in granting the Marriage Dispensation Application at the Tasikmalaya Religious Court and the impact of the enactment of Law No. 16 of 2019. This study uses a qualitative approach that produces descriptive data. The data used were literature studies, documentation and interviews. The result of this study is that the Judge in granting marriage dispensation according to Perma Number 5 of 2019, namely based on the principle of the best interests of the child, the right to life and growth and development of the child, respect for the opinion of the child, respect for human dignity and dignity, non-discrimination, gender equality, equality before the law, justice, usefulness and legal certainty. The amendment to the Marriage Law shows that there was an increase in the number of marriage dispensations submitted to the Tasikmalaya Religious Court in 2018 as many as 31 cases, in 2019 as many as 279 cases, in 2020 as many as 940 cases, in 2021 as many as 1021 cases, in 2022 as many as 775 cases, in 2023 as many as 632 cases, and in 2024 there was a decrease of 222 cases. So the average marriage dispensation at the Tasikmalaya City Religious Court is 571 per year.
PENGARUH KONFLIK RUMAH TANGGA TERHADAP KESEHATAN MENTAL ANAK DALAM PERSPEKTIF HUKUM KELUARGA ISLAM: (Studi Kasus di Pengadilan Agama Kota Tasikmalaya) Tajul Aripin, Ipin; Muhammad Rizaldi Bandanizi
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 5 No 1 (2024): September, 2024
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/ahwalunajurnalhukumkeluargaislam.v5i1.374

Abstract

Domestic conflict is a dispute or tension that occurs between family members, especially married couples, which can negatively impact family dynamics. The purpose of this study is to obtain a complete, detailed, and systematic description in order to understand the impact, concept or practice, role and responsibility of parents on children's mental health. The method used is qualitative with a normative juridical approach, this study analyzes how parental disputes affect the psychological development of children in Muslim families. The results obtained are that children exposed to domestic conflicts often experience symptoms of anxiety, depression, and behavior disorders. Islam emphasizes the importance of maintaining domestic harmony and protecting the interests of children. Islam has mechanisms to protect children's mental health from the negative effects of domestic conflicts, while still striving for peace and family integrity. The results of this study are expected to provide new insights into efforts to protect the mental health of Muslim children affected by domestic conflicts, as well as enrich the understanding of the implementation of Islamic family law in the modern context
Kajian Hukum Islam terhadap Tradisi Talitihan: Analisis Praktik Lokal di Desa Batangsari, Kecamatan Sukasari, Kabupaten Subang Itang Komar; Jidan Zenidan
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 5 No 1 (2024): September, 2024
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/ahwalunajurnalhukumkeluargaislam.v5i1.375

Abstract

Talitihan is a term in Sundanese which means giving something in the form of groceries such as rice, sugar,instant n oodles, cakes and money, gifts and others to people who are going to get married. The aim is to helpfellow Muslims and connect friendship ties to strengthen ukhuwwah Islamiyyah. The purpose of this study wasto find out the practice of Talitian carried ou t by all the people of the Batangsari Village, Subang Regencyand a review of Islamiclaw on the practice of Talitihan in the implementation of marriages in the BatangsariVillage, Subang Regency. The type of research that researchers use in this study is a phenomenologicalapproach. This study isdescriptive in nature, providing a complete and detailed description of the problems ofIslamic law against the Talitihan tradition during the marriage ceremony in the Batangsari Village, SubangRegency. Thisresearc h method is qualitative. Data collection techniques are carried out in 3 ways, namelyobservation, interviews and documentation. The results of this studyindicate that a tradition that hasdeveloped in the people of the Batangsari Village, Subang Regency i s that they demand the Talitihan(donation) they have given back by reprimanding or reminding the person who has received the Talitihan, ifthe return is not in accordance with the gift, either in the form of goods nor money. The uniqueness of theTalitiha n tradition in the Batangsari Villageis that in this case Talitian's gifts or donations must be returnedin accordance with the gift. Review of Islamic Law in the tradition that developed in the Batangsari Village,Subang Regency, namely asking for Talitih an(donations) that have been given back is permissible, becausethe form of grants applied in the Batangsari Hamlet community expects a return in the grant, if the person hegives does not reciprocate grant, then he has the right to ask for it back.
HUKUM BAHASA ISYARAT DALAM AKAD NIKAH BAGI DISABILITAS TUNA RUNGU: (Studi Kasusu di Madrasah Tuna Rungu Assabikunal Awwalun Tasikmalaya). Lukmanul Hakim; Kustiawan Adinata
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 5 No 1 (2024): September, 2024
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/ahwalunajurnalhukumkeluargaislam.v5i1.376

Abstract

The marriage contract is a harmony and agreement between two brides using a language that can be understood by both parties, including by using sign language because one cannot use spoken language because of a disability, namely not being able to hear. In the context of Islamic law, the pronunciation of ijab and qabul in the marriage contract must be done clearly. The purpose of the research; This is to understand the practice of sign language used by people with deaf disabilities in the marriage contract procession at Madrasah Deaf Assabikunal Awwalun and sign language laws in carrying out marriage contracts. The research method used is qualitative with a normative sociological approach, namely examining the applicable legal provisions and what happens in reality in society. The results of the study show that 1) in general, the marriage procedure is the same, it's just that when you find a difference, there is something that causes it to happen. For example, a marriage was held by a deaf couple with disabilities who used sign language as a means of ijab qabul. As taught by the assabikunal awwalun madrasah to its students to use sign language in carrying out their ijab qabul. 2) In the study of Islamic law and laws and laws, it is allowed for marriage contracts to use sign language in carrying out ijab qabul, provided that the sign language can be understood by all parties.
PERAN WANITA KARIR DALAM MEMBENTUK KETAHANAN KELUARGA DENGAN MEMPERTAHANKAN KONSEP SAKINAH Khiyaroh
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 6 No 1 (2025): Maret
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/ahwalunajurnalhukumkeluargaislam.v6i1.433

Abstract

Abstrac The division of tasks between husband and wife is the authority of each family. The obligation to earn a living is indeed the responsibility of the husband. But it does not rule out the possibility that the wife may work outside the home. In a household, husband and wife must have an equal relationship, where both work together as partners who work together. Women who work outside the home are currently more popularly known as "career women". With various forms of professions that can be carried out by women, it does not mean that the role of wife and mother is abandoned. There are various reasons why women choose to work outside the home, while still carrying out their role as housewives. Such as pursuing ideals, economic reasons, as a form of me time, and so on. The author in this article will discuss the role of career women in maintaining their roles as housewives and as working women. The author will conduct field research which will be carried out at MTs Hasim Asy'ari located in Yogyakarta. This research was conducted qualitatively with the type of field research. The approach used is phenomenology. The results of the study are that career women who work as teachers try to balance between work outside the home and as housewives. Career women at MTS Hasyim Asy'ari maintain family resilience in various ways, including by maintaining communication with their husbands and children, having the same perception as their husbands, and prioritizing deliberation in resolving family problems.
SAAT UNTUK MENIKAH DALAM UU NOMOR 16 TAHUN 2019: (Tinjauan Hukum Islam Terhadap Batas Usia Menikah) Luthfia, Chaula; Sopandi, Mariatul Adawiyah; Alicia Hg, Allyah; Pratama, Shaddam; Asmara, Widya Rahmawati
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 6 No 1 (2025): Maret
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/ahwalunajurnalhukumkeluargaislam.v6i1.435

Abstract

The age limit for marriage in Islam is still widely debated and has become an interesting discussion. Unlike the case with the age limit for marriage regulated in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. The regulation requires that a man and woman who will perform marriage must be 19 years old. Whereas in Islam the right time to get married is not determined by the exact age. Islam only provides the limits of puberty, common sense, can distinguish between good and bad. Starting from this problem, the compiler was interested in examining the right time to get married which is regulated in article 7 of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. This research is a library research, the author uses normative and philosophical approaches. The normative approach is an approach based on legal norms and the concept of shari'ah as well as the rules contained in fiqh and ushul fiqh. Philosophical approach by understanding the problem with the wisdom and purpose contained in a legal determination. The result of this study is that Islam does not explicitly regulate the age limit for marriage, Islam only provides limits through the characteristics or readiness before marriage in some verses of the Qur'an. Setting the age limit for marriage brings benefits by providing opportunities for men and women to have readiness in terms of education, economy, health, psychological, social, biological and religious. These preparations are not explicitly regulated in Islamic law but are in accordance with the intended purpose of marriage, such as creating a family that is sakinah mawaddah and rahmah.

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