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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 52 Documents
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KETENTUAN NAFKAH KELUARGA DALAM PERSPEKTIF AL-QURAN DAN HADITS Ansari Ansari
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 2 (2022): 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.v2i2.350

Abstract

This paper examines the alimony in the family perspective of the Qur'an and hadith contained in surah Al-Baqarah verse 233 and surah Al-Nisaa verse 32, using the library research method, which uses literature, and other legal materials as the main object in studying living in the family. This paper aims to determine whether a wife can work outside the home to provide for the family and how Islam gives the wife the most expansive freedom to work outside the home. A basic need for both husband and wife towards their children and their families is earned. The results of this study show that the wife who works to help the husband meet the livelihood of her legal family mubah (may) with various meanings that the ulama have determined, namely with the husband's permission and indeed solely needed to meet the needs of the family. The need to work for the wife also needs to respect the conditions set by the ulama, namely by avoiding ikhtilat (mixing with men) in work to avoid negative things that may happen.
DOUBLE BURDEN PADA PEREMPUAN DITINJAU DARI PERSPEKTIF HUKUM ISLAM (STUDI KASUS DI HOME INDUSTRY KERUPUK “DUA PUTRA” SINGGAHAN TUBAN) Herfin Fahri; Vita Fitriatul Ulya
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 2 (2022): 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.v2i2.359

Abstract

The development of the times marked by the flow of globalization has also changed the human mindset. If in the past women were considered the second sex and only took part in the domestic sector, now there are many women who play a role equal to the position of men, for example with many women who are involved in the public sector, therefore the phenomenon of double burden or double burden. often afflicts women. This study aims to explore the double burden of female workers in the "Dua Putra" cracker home industry and viewed from the perspective of Islamic law. This research is a type of qualitative research with a phenomenological descriptive approach that examines the phenomenon of double burden in Lajolor Singgahan village, Tuban. The informants are 7 women working in the home industry of "Dua Putra " crackers. The results show that there are several reasons that motivate women to work in the informal sector such as the " duaputra " cracker home industry, including to improve the economy and family welfare, and to fill spare time for productive activities so that they can increase family income even though it is enough. Islam as a religion of rahmatanlil 'aalamiin punishes women to work with 3 laws, namely allowed, forbidden and obligatory. Each law applies to women depending on the accompanying conditions.
TINDAKAN ABORSI AKIBAT PERKOSAAN DALAM PERSPEKTIF KAIDAH FIQH AL-ḌARAR YUZÂLU Vevi Alfi Maghfiroh
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 2 (2022): 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.v2i2.361

Abstract

This article discusses the discourse on abortion in pregnancy of victims of rape in the perspective of al-ḍarar yuzâlu. Act No 36 of 2009 about health and Government Regulation Number 61 by 2014 about reproductive health, allows abortion due to rape. However, in its implementation there are still many obstacles, because of the abortion discourse which is still pro and contra, especially in terms of religion and cultural morals. This paper is a library research with qualitative data. Normatively, the discussion on abortion still raises various polemics and negative stigmas among the community as well as legal explanations. Therefore, this study is analyzed using the fiqh rule approach used in legal istinbaṭ by describing the reality of abortion and the impact of pregnancy due to rape for women. The purpose of this study is to become a discussion discourse to encourage good policies and regulations for women who become pregnans as a resultof rape. By using the rules of fiqh al-ḍarar yuzâlu, it is hoped that the harm is sought to be removed by terminating the pregnancy, as part of the protection of women, hifdz an-nafs, which is part of the maqâṣid al-syarȋ’ah.
‘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.
PENYESUAIAN BUDAYA DALAM PERNIKAHAN BEDA AGAMA: STUDI KASUS TENTANG INTERAKSI DAN KONFLIK BUDAYA DI LINGKUNGAN KRATEGIES IN INTERRELIGIOUS MARRIAGE: A CASE STUDY OF CULTURAL INTERACTION AND CONFLICT IN THE FAMILY ENVIRONMENT Muhammad Husni Abdulah Pakarti; Diana Farid; Iffah Fathiah; Hendriana Hendriana
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 3 No 2 (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.v3i2.558

Abstract

This paper examines cultural adjustment strategies in interfaith marriages within the family environment. Interfaith marriages often present complex cultural challenges, as partners must adapt to different beliefs, traditions, and values ​​that may conflict. This study aims to analyze the cultural adjustment strategies carried out by couples in interfaith marriages, with a focus on cultural interactions and conflicts that arise in the family environment. This research uses a qualitative approach with a case study method. Data was collected through in-depth interviews with couples who have different religious backgrounds and have been married for at least 5 years. Data analysis was carried out through coding and thematic processes. The results of the study show that couples in interfaith marriages adopt various cultural adjustment strategies to overcome cultural interactions and conflicts in the family environment. These strategies include compromise, mutual understanding, open communication, and respect for differences. Couples are also looking for creative solutions to facilitate family harmony, such as incorporating traditions from both religions in family celebrations. In addition, this research also provides valuable insights for family welfare professionals and marriage counselors in helping couples in interfaith marriages deal with emerging cultural challenges.
SPIRITUALITAS ṢALAWAT WAḤÎDIYYAH DALAM MEMBENTUK KELUARGA SAKÎNAH: KAJIAN PADA JAMA'AH PSW DI REJOAGUNG NGORO JOMBANG Mas Umar
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 3 No 2 (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.v3i2.610

Abstract

This article examines the Penyiar Shalawat Wahidiyah (PSW) congregation in Rejoagung, Ngoro Jombang. The purpose of this study is to find out how Salawat Wahidiyah can create and have an effect on the sakȋnah family lives of its congregation. Shalawat Wahidiyah is a series of prayers that are structured around the Prophet's shalawat in general, including the procedures and ethics for its practice. This study includes a field study using a sociological-philosophical approach to the mystical paradigm. The methods and implications of the sakȋnah family will be examined using sociological analysis. The research results show that there are five teachings that must be applied in everyday life, namely lillâh-billâh, li al-rasȗl-bi al-rasȗl, li al-ghauts-bi al-ghauts, yukti kulla dzȋ haqq haqqahu, and taqdȋm al-ahamm fa al-ahamm tsumma al-anfa’ fa al-anfa’. This teaching is practical guidance both externally and internally which covers all aspects, both relationships with Allah, His Messenger, and relationships between human beings in society. Congregants practicing Shalawat Wahidiyah who are active in Rejoagung, Ngoro, Jombang show that they feel better in their households, feeling more calm, peaceful and harmonious (sakȋnah).

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