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Fathonah K. Daud
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fathkasuwi@gmail.com
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alhakam.iaialhikmahtuban@gmail.com
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Jl. Pondok Pesantre Al Hikmah No. 1-3 Binangun Singgahan Tuban Jawa Timur 62361, Indonesia.
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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 2 (2021): Al Hakam" : 6 Documents clear
PERAN BADAN PENASIHAT PEMBINAAN DAN PELESTARIAN PERKAWINAN (BP4) DAN MEDIATOR PENGADILAN AGAMA SURABAYA DALAM MENANGANI KONFLIK RUMAH TANGGA Fitrotin Jamilah; Vierna Nurihza Salsabila
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 2 (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.v1i2.235

Abstract

This paper discusses the role of the advisory body for the development and preservation of marriage and the mediator of the Surabaya religious court in dealing with domestic conflicts. Judging from the observations in Surabaya, many married couples are not able to recognize the type of household conflict they are facing. They tend to resolve conflicts by going through a divorce, without ascertaining the lightness or severity of the problem; can still be resolved by referring or ending. This makes the divorce rate in Surabaya increasing. What the public needs to know is that there is a body that has been recognized by the Ministry of Religion, namely BP4 which is found in every KUA, which is a facility for married couples who need guidance in their household, resolve conflicts, and become a united family. The position of BP4 is equivalent to that of a Mediator in the Religious Courts in the field of resolving conflicts in the household, but different strategies and ways of resolving them. In this regard, the purpose of this thesis is to determine the role and strategy of resolving BP4 Surabaya and PA Surabaya Mediator in dealing with conflicts. household. The type of method used is descriptive qualitative, meaning that it does not use percentage calculations. Using interview techniques and supported by related literacy as a support for the thesis that will be carried out by researchers.
HUKUM PERKAWINAN DAN KEWARISAN DALAM TATA HUKUM INDIA DAN PAKISTAN Muhammad Nur Shiddiq
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 2 (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.v1i2.237

Abstract

This paper discusses the reform of Islamic law, especially family law in the Indian and Pakistani legal systems. The merger between India and Pakistan in this paper is based on the historical fact that at first the two countries were a country that was colonized by the British, until finally Pakistan chose to secede, and became a republic with the name of the Islamic Republic of Pakistan. By using a literature study, this paper finds information that India and Pakistan are moderate in carrying out reforms in family law, but not as liberal as some other Muslim countries. The finding of this paper is that, India and Pakistan generaly carry out Islamic family law reforms that are almost the same. This could be because both in the pre-independence period were one country. In addition, because the majority of the population of these two countries adheres to the mazhab Hanafi.
IMPLEMENTASI KURIKULUM PENDIDIKAN PRANIKAH DI KANTOR URUSAN AGAMA (KUA) KECAMATAN CIPUTAT KOTA TANGERANG SELATAN Marhamah Saleh Saleh; Neng Yunita Yulia
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 2 (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.v1i2.240

Abstract

This study aims to determime the pre-marital education curriculum used by the office of Religious Affairs of Ciputat Sub-District, South Tangerang City and describe the learning process of pre-marital education, as well as describe inhibiting factors in the implementation of pre-marital education. The method used is descriptive qualitative, this research uses a case study approach that only focuses on one phenomenon.Data collection techniques by conducting observations, interviews and documentation. The analysis uses is data reduction, presenting the data, the drawing conclusions. In this study, the respondents were extention workers from the Office of Religious Affairs (KUA). Thus study concludes that the curriculum used in KUA, Ciputat Sub-District South Tagerang City is the curriculum contained in the regulation of the DirectorGeneral of Islamic Community Guidence No. DJ/II/542 of 2013 concernig guidelines for the implementation of pre-marriage Guidence Module prepared by the Directorate of KUA and Family Sakinah, the Directorate General of Islamic Community Guidance, Ministry of Religion of Republic of Indonesia. The module contains debriefing materials of families and various solutions to problems in the family. While the learning process in pre-marital educations is prepared by being given a special module for prospective brides with the title Sakinah Family Development, Directorate General of Islamic Community Guidance. Ministry of Religion, RI with 16 hours of lessons per week. The obstacles in pre-merital education contained in internal factors, namely insfrastructure. While the external factor in pre-merital education is the lack of public awereness in attending pre-marital education.
TASYRȊḤ AL JATSTSAT (AUTOPSI): Fungsi dan Urgensinya dalam Kedokteran Perspektif Hukum Islam Herfin Fahri; Vita Fitriatul Ulya
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 2 (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.v1i2.243

Abstract

This article discusses the autopsi (tasyri>h} al Jatsts\at) in the perspective Islamic law. In this modern era, autopsies are an alternative choice for the medical and police to resolve a criminal case. So there needs to be a discussion regarding how the scholars of jurisprudence punish the autopsy. This study uses a qualitative research type with a literature review approach. Researchers conduct studies and analyzes of various literatures relevant to the topic to obtain information. Through this literature review, it was found that there were ikhtilaf from fiqh scholars in judging autopsies. Some scholars do not allow forensic autopsies because they can damage the corpse and violate the honor of the corpse. However, some other scholars allow forensic autopsies on the grounds of realizing the benefit of the ummah (mashalih mursalah). Tasyri>h} al Jatstsat or autopsies are allowed if they have aclear and good purpose, such as for educational purposes (anatomical autopsies), for scientific purposes (clinical autopsies), and for justice (forensic autopsies). Anatomical autopsies are needed by medical or other health students in order to study anatomy or parts of the human body. A clinical autopsy is needed by a doctor to observe a case of a disease suffered by a patient who dies for the development of medical science. And a forensic autopsy is needed to help law enforcement officers or the police to determine the cause of someone's death that involves a crime. Dissection of forensic corpses is allowed to establish the law fairly as stated in (QS. An-Nisa [4]: 58) that we as Muslims are encouraged to set the law between humans fairly. An autopsy is not justified by religious law if there is no emergency cause, does not cause benefit and is not accompanied by permission from the heirs.
PEREMPUAN BERPENDIDIKAN TINGGI DI TUBAN: ANTARA HUKUM DAN REALITA Siti Fatimah; Irma Rosyida
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 2 (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.v1i2.244

Abstract

This study to describe woman with hingher education in review of law and reality in Tuban East Jawa. In this modern era, women with higher education still experience gender discrimination against their nature and it is not uncommon to find gender stereotypes about the unimportance of hingher education for a woman by community. This study is qualitative research with a descriptive method. This type of research is included in a case study. In collecting data, using the interview, observation and documentation methods. The research subjects consisted of woman with higher education and careers, housewives with higher education, husbends, childern of spouses with highly educated perents, and female students who were pursuing higher education at Tuban. The resulth show that education in Islamic law is is obligatory for every Muslim, including woman. Modern-day woman with higher education for woman are an important need, with the hope that their knowladge and knoeledge are as a provision for woman to become mother as good educators for their children, besides that woman can show their existence as qualified servants of God in front of humans, especially before Allah SWT. The reality is that woman with higher education still have a lot of gender discrimination and gender stereotypes in society. Women are still seen as household managers, so that education for them is secondary and even neglected.
STATUS DAN PENGEMBALIAN MASKAWIN SETELAH PERCERAIAN DALAM PERSPEKTIF GENDER Toto Supriyanto Supriyanto
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 2 (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.v1i2.245

Abstract

This article discusses dowry status and return of dowry after divorce from a gender perspective. The background is ambiguity in the transaction status and the wife's ownership status of the dowry, which implies that there is a provision for returning the dowry that has been given by the husband or withholding the dowry that has not been given but has been promised in the marriage contract. The provision for the return of the dowry was allegedly against the principles of gender equality. By using the literature survey method this article was carried out. This article finds evidence of ambiguity in the transactional status of dowry in Islamic law between grants: selfless gifts or ijarah: rewards for the pleasures that the wife gives to her husband. There is also evidence that the wife's ownership status of the dowry is not clear, whether it is absolute property, or non-absolute ownership because it depends on the behavior of the wife in carrying out her role as a wife, whether she is obedient or rebellious. After being analyzed using gender principles in the form of 14 basic rights and five types of indicators of gender inequality, it was found that the dowry status for wives is not gender equal in the form of discrimination and subordination. Provisions for returning the dowry either in half or in full because there has been no sexual intercourse between husband and wife is classified as subordination and marginalization; as well as the return of dowry due to divorce with khulu 'and fascikh, including discrimination and stereotypes

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