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Fathonah K. Daud
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Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues
Published by Universitas Al-Hikmah Indonesia
ISSN : 27763404     EISSN : 27763404     DOI : https://doi.org/10.35896/alhakam.v3i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues,is a scientific periodical published by the Islamic Family Law Study Program, Fakulty of Syariah, University of Al-Hikmah Indonesia. The articles featured in this scientific periodical are about thoughts on family law, fiqh al-nisa, marriage traditions, Islamic justice and gender issues. Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues The main language is Indonesian, while the additional languages are English and Arabic. Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues is published twice a year, namely in May and November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 1 No 1 (2021): Al Hakam" : 6 Documents clear
NUSYUZ SEBAGAI KONFLIK KELUARGA DAN SOLUSINYA (Studi Pandangan Syaikh Nawawi Al-Bantani dalam Kitab‘Uqûd Al-Lujayn) Ahmad Ropei
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 1 (2021): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v1i1.174

Abstract

Every family couple certainly wants a harmonious and happy household life which in religious terms is called sakinah, mawaddah and rahmah. However, in the course of the household life is often faced with various problems that often lead to divorce. Among the problems that are often faced in domestic life is nusyuz. This study aims to describe the views of Syekh Nawawi in the book 'Uqûd al-Lujayn about nusyuz and its solutions. This research belongs to the descriptive-qualitative type by collecting data using literature techniques. The results showed that Nusyuz in Syekh Nawawi's view was an act of hatred between husband and wife as a family partner in the form of a violation of commitment in exercising their respective rights and obligations. The solution offered is in the form of hierarchical stages (advice, separation of beds, and beatings) with a note that beatings should be avoided as much as possible because they do not reflect the welfare side and are considered not of much use in resolving family conflicts caused by nusyuz.
KHULU' DAN TALAK, SAMAKAH? Kajian Filosofis-Komparatif Hak Cerai Perempuan dalam Fiqh dan Hukum Positif Fathonah K. Daud
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 1 (2021): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v1i1.175

Abstract

This paper is a philosophical-comparative study of Islamic law in Islam and in the provisions of Positive Law. Are the discussions and provisions the same between khuluc and talak in fiqh and positive law? This research is a descriptive-qualitative research, using a literature review approach and analyzing it with the deduction method. The findings of this study indicate that khuluc in Indonesian law is called a divorce suit with different procedures. Both fiqh and positive law do not give the same meaning between khuluc (here called fasakh) and talak, this is the opinion of the Syafi'i school, except in Imam Malik's view that khuluc is talak bain. Therefore, the two have different legal provisions after the divorce. For example, for groups that distinguish the two, after the khulu’ occurs, they may be reconciled again. Meanwhile, those who equate khulu’ with talak bain, after khulu 'are prohibited from making reconciliation for ex-husbands and wives. However, between khulu 'and talak are different. Khulu’ occurs there must be 'iwad, while divorce there is no' iwad.
DELEGITIMASI SURAT WASIAT ANAK ANGKAT (Studi Kasus Putusan Mahkamah Agung RI. No.311 K/PDT/1996) Dian Rahmat Nugraha
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 1 (2021): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v1i1.177

Abstract

Abstract. This research is about the practice of adoption of children among Indonesian society which is carried out by couples who are married but do not have children. This study aims to determine the legal status of adopted children, in consideration of judges, review of Islamic and customary law on these decisions. This research framework is based on the concepts and theories of Islamic law. As a big theory for the concept of justice, at the next level the theory of maqashid al-sharia and the operational level uses the istinbath al-ahkam (aplicative) theory. This research method uses normative juridical methods. Collecting data through library research and field research. The research concludes that the principle of adoption according to Islamic law is childcare with the intention that a child does not become neglected and grows and develops both physically and mentally. Regarding this, Islam does not prohibit the provision of various forms of livelihood assistance to adopted children; Judges 'considerations are based on juridical, sociological and philosophical grounds and judges' legal considerations at the Supreme Court are based solely on juridical basis. Islam views that the decision of the Supreme Court is inconsistent because it does not adhere to elements of justice and legal certainty. Keywords: wasiat wajibah, adopted child, inheritance
TALAK DAN IDDAH DALAM PERSPEKTIF AL-QUR'AN DAN HADIS Hasanudin Hasanudin
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 1 (2021): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v1i1.185

Abstract

Divorce and iddah as the two parts described in Islam, of course, have obtained legality by syara '. The basis for the legal requirements for divorce and iddah is contained in the Koran and Sunnah, and has been agreed upon by the Ulama in the form of ijma 'on its legality. Divorce is a narrow "emergency exit". Also divorce (talak) is the only thing that is permitted but hates Allah SWT. Because; first, talak cancels the sacred marriage ties that have been termed by the Koran with "mîthâqan ghalîza". Second, talak is permissible as a form of Islamic respect for humans. Iddah is the name of a certain waiting period for a woman to find out the emptiness of her uterus. The emptiness can be identified by birth, by months, or by counting quru '(holy time). This is intended to ensure the presence or absence of pregnancy in a divorced wife, especially in the case of 'iddah divorce, iddah is intended to provide the possibility of reconciliation to the wife. Also no less important is the function of the iddah is ta'abbud which cannot be changed with the development of science and technology (IPTEK).
USAHA ANTISIPASI PERNIKAHAN ILEGAL DI KABUPATEN BENGKALIS (Studi Kasus KUA dan Tokoh Masyarakat Rupat Utara) Muhammad Al Mansur
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 1 (2021): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v1i1.187

Abstract

The large number of cases of illegal marriages in Bengkalis Regency have had a big impact on the community, especially in Rupat Utara District. Illegal marriages are also known as illegal marriages or unregistered marriages, namely a marriage that is carried out under Islamic law without being legally registered at the Office of Religious Affairs (KUA). In almost all villages in Rupat Utarat, illegal marriages were found with a total of 32 cases. The formulation in this research is what are the factors that cause the occurrence of illegal marriages in Rupat Utara District and how to anticipate the occurrence of illegal marriages by the KUA and community leaders in North Rupat. The method used in this research is qualitative research, using normative juridical approaches (positive law) and normative theology (Islamic law), observation, interviews and documentation are used to collect data. The object of this research is the perpetrators of illegal marriages, KUA and community leaders in Rupat Utara. The location of this research is in Rupat Utara District, with interviews with 7 cases of illegal marriage. The results of this study indicate that there are information factors, age limit of marriage, economic and distance factors that cause illegal marriages. KUA and community leaders have made efforts to anticipate illegal marriages very well in Rupat Utara District. Keywords: Anticipation Effort, Illegal Marriage, KUA, Community Leader
Keberlanjutan Virtual Criminal Court dalam Perspektif Ius Constituendum Fira Mubayyinah Mubayyinah
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 1 (2021): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v1i1.194

Abstract

Abstract This research is based on the development of virtual trials during the pandemic. This paper examines and reflects and sees the urgency of the sustainability of criminal court e-court in the future. In the judiciary, the use of technology has not been maximally used for the benefit of law enforcement in serving the community. During the Covid-19 epidemic, almost all activities depended on the existence of technology, including law enforcement and services for people seeking justice. The phenomenon of virtual trial implementation during the Covid-19 pandemic provides many lessons and new awareness regarding the importance of reform in criminal justice systems. Various obstacles, both in juridical and empirical aspects, are modalities for correcting criminal justice systems in the future. This research is a normative juridical study using a statutory approach, with primary, secondary and tertiary legal materials then analyzed by descriptive analysis. The results of the study conclude that the implementation of virtual civil court during the pandemic is a form of modernization in criminal justice systems that must be continued in the future. There are at least three reasons for the sustainability of the virtual civil court, namely political, sociological and practical. These three considerations serve as the justification for the formulation of policies on the use of technology in the judiciary. Keywords : Virtual Civil Court, Ius Constituendum

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