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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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INDONESIA
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 3 No 1 (2023): Al Hakam" : 6 Documents clear
THE EFFECTIVENESS OF MARRIAGE AGE RESTRICTION (Case Study in Cianjur and Ngamprah West Java in 2019-2020) Nur Hidayat; Abdul Jalil
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 3 No 1 (2023): 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.v3i1.220

Abstract

Abstract. The dynamics of the development of family law in Indonesia continues. Problems with family law are increasingly varied. To accommodate and overcome this, it is necessary to have a legal breakthrough. Marriage Law number 1 of 1974 is one of the reference rules that regulate marriage in Indonesia with all its problems. To be able to keep up with the dynamics of the times, Law Number 1 of 1974 has undergone changes. This change can be seen with the enactment of Law number 16 of 2019 concerning marriage on October 14, 2019 and comes into force on October 15, 2019. This change is more about the minimum age limit when getting married. Where previously the minimum age limit for women was 16 years while for men it was 19 years when they were about to get married. After the enactment of Law Number 16 of 2019 amendments to Law Number 1 of 1974 concerning marriage, the minimum age limit between men and women who will marry is 19 years. After the enactment of Law number 16 of 2019 as an amendment to law number 1 of 1974 concerning marriage on October 15, 2019, it is necessary to conduct a study related to the effectiveness of the amendment to the law, to find out the extent of the impact of the amendment to the law. in society.
‘IDDAH OF DEATH DIVORCE FOR CARRER WOMAN IN PERSPECTIVE JASSER AUDA’S MAQASID SHARIA Mas Umar
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 3 No 1 (2023): 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.v3i1.472

Abstract

Islam greatly glorifies women as human beings who act as mothers and teachers for their children. In fact, not a few women in Indonesia bear the burden of family living expenses. A woman whose husband dies, she is obliged to carry out iḥdȃd. Woman in the period of 'iddah is forbidden from wearing jewelry, interacting with men who are not mahram without any intention, and she is prohibited from wearing clothes that can attract men's attention to her. Iḥdȃd as an attempt to show loyalty and protect the rights of her husband when her husband dies. Women who practice iḥdȃd are not allowed to preen, wear jewelry, silk clothing, perfume, and eye shadow. This situation will become a problem when a career woman is required to work outside the home to support her family, while she has limited time due to carrying out iḥdȃd obligations. This research emphasizes the emergency aspects for career women when leaving iḥdȃd which may have more benefit values reviewing it by the perspective of Jasser Auda's maqasid sharia. This article is a type of qualitative research with a phenomenological descriptive approach that examines the phenomenon of career women. The results of this research conclude that iḥdȃd for career women who pose a danger to work and threaten survival, then she may not carry out iḥdȃd with the condition that she still has to look after and protect herself so that marriage does not occur and things that are prohibited by Islam do not occur during the ‘iddah.
TINJAUAN HUKUM ISLAM TERHADAP KONTROVERSI DAN DAMPAK LGBT BAGI PEMBANGUNAN KELUARGA DI INDONESIA Samheri .; Emilia Angraini
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 3 No 1 (2023): 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.v3i1.473

Abstract

This paper examines the controversy of LGBT on family development in Indonesia. LGBT is a group of lesbian, gay, bisexual and transgender. Recently it was hotly discussed because the British Embassywhich raised the rainbow flag as a symbol of LGBT at its headquarters in Jakarta. It attracted public attention. This paper is library research. The results of this research analysis show that behavior that deviates from LGBT violates rules and human nature and has a negative impact on the development of families and the nation in general. The negative impact are in the form of health, education, security and social. Thus if it is left too long then this wrong thing will become a natural thing. In fact, from the point of view of religious and humanitarian law. This contradicts both. Even though these LGBT perpetrators argue based on human right principles, all this cannot prove the truth of their deviant behavior because human rights in Indonesia must be in harmony with the philosophy of the state based on Pancasila in which Pancasila plates Believe in One Almighty God as the main foundation for trenght of a notion. The majority of this notion adheres to Islamic Law and adheres to Pancasila.
TRENDS AND IMPACTS OF CHILD MARRIAGE IN A PSYCHOLOGICAL PERSPECTIVES (Case Study in Tuban Regency) Siti Fatimah
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 3 No 1 (2023): 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.v3i1.497

Abstract

Child marriage is a marriage carried out by someone who has not yet entered a mature or mature age in thinking, emotionally, biologically and psychologically. The age of marriage is explained in law No. 16 of 2019 on amendments to law No. 1 article 7 of 1974, namely marriage is only permitted if a man and a woman reach the age of 19 (nineteen) years. Child marriage in Tuban district has been a trend for the past 3 years and continues to increase due to the impact of the Covid 19 pandemic which has paralyzed several sectors of life. The economic sector is the biggest factor because of the impact of the Covid pandemic, many parents have been laid off and have dropped out of work. By marrying off the child, the responsibility of the parents will be reduced. This is the reason why child marriage is increasing day by day. Law No. 16 of 2019 is a breath of fresh air for life, because the age law has a very large effect on children's rights to life so that they grow and develop according to their age, prevent domestic violence, prevent dropping out of school and also improve maternal and child health. child. This research uses descriptive qualitative research with interview methods of various groups of people based on what is happening in the community with the aim of knowing the reasons for early marriages in Tuban Regency. The results showed that the reasons for early marriage in Tuban district were 1) economic factors 2) educational factors 3) customs factors 4) promiscuity factors
LEGAL IMPACTS OF UNRECORDED MARRIAGE IN SOUTH JAILOLO WEST HALMAHERA IN ISLAMIC LAW AND MARRIAGE LAW NO.1 1974 PERSPECTIVE Husain, Azmi Djama; Abubakar, Fatum
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 3 No 1 (2023): 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.v3i1.500

Abstract

This article analyzes the impact of the law on unregistered marriages on the reality that occurred in Jailolo, West Halmahera. In the last 3 years (2018 - 2020) there were 248 couples who did not register their marriages.This is due to differences in legal regulations governing unrecorded marriage laws. Legal regulations in the Marriage Law and in the Compilation of Islamic Law. This research is a qualitative research. The method used is a field method through observation, interviews and documentation. The approach in this study is through a sociological normative juridical approach.This study found that the impact of marriage law was not recorded in Jailolo Halmahera Barat according to the perspective of Marriage Law No. 1 of 1974 is invalid, the wife can be divorced at any time, the legal status of the children becomes unclear, and the rights of the wife and children to support and inheritance are not guaranteed.Meanwhile, according to the KHI, the legal impact of marriage was not recorded, that as a result of the marriage, they did not get any benefits for the family and even though it was legal in the eyes of religion, it was not legal in the eyes of the state.
RELEVANSI KONSEP KAFA’AH DAN HAK IJBAR WALI DI ERA MODERN PERSPEKTIF MAZHAB HANAFIYAH DAN SYAFI’IYAH Mahmudah Ridlwan; Isyrofah Tazkiyah Iroyna
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 3 No 1 (2023): 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.v3i1.502

Abstract

The purposes of this study are to find out the opinion of Hanafiyah and Syafi’iyah mazhab about kafâ’ah; and how kafâ’ah is applied by parents when doing ijbar on their daughther in the view of Islamic marriage law. This research is library research and content analysis approach is used to get answers the research problems. The conclusions are (1) The Hanafiyah dan Syafi’iyah mazhab agreed that kafâ’ah must be exist in a marriage, and must be emphasized is kafa’ah in terms of the religion of devotion to Allah swt and good morals. Kafa’ah in wealth is also emphasized by Hanafiyah mazhab, but Syafi’iyah mazhab more emphasized on religion and avoids disgrace; (2) According Islamic marriage law, the ijbar right is related to kafâ’ah, when parents must use kafâ’ah as one of the guardiansip requirements when making ijbar right for his daughter. With kafâ’ah it’s hoped that household life will be beneficial. Therefor, the concept of kafâ’ah as a condition for the guardian’s ijbar rights is still relevant today.

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