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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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PANDANGAN MUḤAMMAD SA`ĪD RAMAḌĀN AL-BŪṬI TERHADAP MAṢLAḤAH WASIAT WAJIBAH ANAK ANGKAT Mahbubi Mahbubi; Ludfi Ludfi
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.v3i2.615

Abstract

The Compilation of Islamic Law (KHI) regulates mandatory wills for adopted children and adoptive parents, this is stated in article 209 paragraphs (1) and (2). This rule is relatively new when referring to the implementation of mandatory wills implemented in other Islamic countries. In contemporary jurisprudence studies, obligatory wills are only given to heirs who do not receive an inheritance because they are mahjūb by other heirs. The implementation of mandatory wills in Indonesia is considered to involve the mutual benefit of the child and his adoptive parents. Therefore, the focus of this study is to find the suitability of the concept of obligatory wills in KHI with the concept of mashlahah al-Buthi. The type of research used is library research with content analysis, philosophical-hermeneutic and mashlahah approaches. The data collection technique is in the form of documentation through inventory, classification and data evaluation. The results of this research state that mandatory wills in the KHI are only given to adopted children and adoptive parents. This legal formulation is the result of the ijtihad of Indonesian ulama' which aims for the common good. The concept of mashlahah al-Buthi is mashlahah which tries to take the middle path in accordance with what is intended by Syāri', so that giving obligatory wills to adopted children is a real benefit.
JUDICIAL MAFIA AND ITS PROBLEMS: AN EXAMINATION FROM THE INTERPRETATION OF IBN KATHĪR ON SURAH AL-MĀIDAH VERSE 8 AND AL-BAQARAH Moh. Abdulloh Hilmi; Herfin Fahri
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.v3i2.624

Abstract

This article discusses the judicial mafia within the religious and governmental landscape of Indonesia. The judicial mafia has recently come under scrutiny due to various issues of misconduct such as corruption, collusion, and nepotism. When examined further, the Quran also emphasizes that unfair and dishonest actions are intolerable, and in the legal perspective of Indonesia, it regulates criminal acts of corruption and their penalties. Using a descriptive-analytical method, the researcher will elucidate the principles of justice found in the Quran, specifically in Surah al-Mâidah [5]: 8 and Surah al-Baqarah [2]: 188, as interpreted by Ibn Kathȋr, and their relevance to Indonesian laws and government regulations. The findings of this study are as follows: First, Ibn Kathir asserts that achieving justice necessitates the presence of fair and faithful witnesses. Second, when a decision is made that is unjust and has detrimental effects on a case, it should be reconsidered by the judge for fairness. Third, the judicial mafia can be prevented through continuous monitoring and evaluation of institutional bodies.
TEOLOGI PEMBEBASAN PEREMPUAN: KAJIAN ATAS PEMIKIRAN ASGHAR ALI ENGINEER TENTANG ISU GENDER Daud, Fathonah K.; Fauziah, Nadia Rizky; Rizqiyyah, Siti
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.v3i2.628

Abstract

This article examines Asghar Ali Engineer's thoughts on women's liberation theology. This is mainly about the method of interpreting Islamic sacred texts. This article was collected from a literature review, then described and analyzed using gender theory. The results of this research show that Asghar's feminist spirit is very strong when reading and interpreting Islamic sacred texts. This cannot be separated from the influence of the science he mastered, including his plural life experience in India, which gave birth to a humanist method of interpretation. The Islamic portrait has shown the existence of gender justice according to Ali Asghar Engineer's perspective, they are both servants of Allah whose process of events is of the same type. The only difference lies in how they carry out their life functions as caliphs on earth, whether they become devout servants or not. Criticism of classical fiqh was raised because it was considered discriminatory against women, so Ali Asghar offered a reconstruction of feminist fiqh for a more just life.
PELAKSANAAN PERKAWINAN PADA MALAM SONGO RAMADHAN SEBAGAI LOCAL WISDOM DI MASYARAKAT PARENGAN KABUPATEN TUBAN Nurul Novitasari
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.v3i2.629

Abstract

This study is about wedding culture on Songo Ramadlan night in Parengan Tuban, East Java. In this research location, there is a wedding tradition called malem songo that has been passed down from generation to generation and it is not known for certain when this tradition was first implemented.. Seeing this, the researcher carried out research with the aim of (1) knowing the factors that cause marriages to occur on the night of the 29th of the month of Ramadan in the community of Parengan District, Tuban Regency (2) to find out the perspective of customary law and Islamic law on the occurrence of marriages on the night of the 29th of Ramadhan in the people of Parengan District, Tuban Regency. This research uses a type of empirical legal research where all information is obtained from documentation and interviews, using a qualitative approach. Meanwhile, the data collected is primary data, namely interviews with Parengan District KUA officials, figures and several community members who held weddings at Night Songo and secondary data from books that have relevance in research, which is then edited, checked and compiled carefully and arranged in such a way analyzed. The results of this research show that getting married at night songo has become a tradition and is deeply rooted in the people of Parengan District, which is considered to bring blessings in Javanese culture and is seen as a form of local wisdom. Therefore, the implementation of this marriage is to avoid complications, because the Songo Ramadhan night is not regulated by religious principles or Javanese law.
OTORITAS HUKUM KELUARGA ISLAM DI KALANGAN PENGHULU KANTOR URUSAN AGAMA TERNATE DAN TIDORE Abubakar, Fatum; Djakat, Muhrim; Ismail, Nining Zahara Ismail Zahara; Bicoli, Darwis U.
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 4 No 1 (2024): 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.v4i1.496

Abstract

This article analyzes the authority of Islamic family law among the heads of the Religious Affairs Office (KUA) in Ternate and Tidore, Indonesia. This research is a type of field research with qualitative methods. The research involved princes in the northern Maluku region consisting of the Sultanates of Ternate and Tidore. The research results show that the headman has coercive authority to force legal implementers (children or parents for parties who are getting married) to comply with existing rules because there is a legal basis which is the authority of the headman as the party registering the marriage. In dealing with legal authorities such as in determining marriage guardians, determining the period of 'iddah and pregnant marriages, the headmen in Ternate and Tidore generally use Fiqh legal considerations rather than state laws such as KHI and so on. This is because formal legislation issued by the state (such as KHI) does not have a negotiating nature and is final. Furthermore, alternatives for consideration of minimizing harm and taking the path to benefit are taken from the legal propositions of Fiqh.
PERKEMBANGAN DAN POLEMIK PEMBAHARUAN HUKUM WARIS DAN WASIAT WÂJIBAH DI INDONESIA Al-Mabruri, M. Nasikhul Umam
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 4 No 1 (2024): 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.v4i1.581

Abstract

This article seeks to delve into the extent of development and updates in Islamic civil law from the colonial era of Dutch rule to post-independence Indonesia. This research will focus on exploring the updates in Islamic civil law regarding inheritance and wills. It is a literature study with a normative-historical approach aimed at tracing the development and updates of inheritance and wills law in Indonesia, as well as the dialectics of thought attempting to oppose it. The innovations in inheritance and wills in Indonesia include substitute heirs, peace in estate division, adopted heirs, and compulsory wills. Substitute heirs provide a solution for heirs who are hindered from inheriting because their parents passed away first. Peace in estate division allows for the realization of equal distribution with a mutual agreement, while compulsory wills provide a solution for adopted children to still receive a third of the inheritance even if they do not have a blood relationship.
NASAB ANAK HASIL PERNIKAHAN SIRRI DALAM PERSPEKTIF FIQH DAN KOMPILASI HUKUM ISLAM (KHI) Hanna, Siti; Ahmad, Lia Fauziyyah
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 4 No 1 (2024): 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.v4i1.733

Abstract

This article analyzes the fate of children resulting from unregistered marriages in a review of fiqh and the Compilation of Islamic Law (KHI). The sirr marriage polemic is closely related to the child's lineage status. Even though sirr marriages are carried out according to Islamic law, these marriages must be protected by State law in accordance with applicable laws and regulations to give them legal force, especially in relation to the child's lineage status. The aim of this research is to examine the lineage status of children from sirr marriages from the perspective of jurisprudence and the Compilation of Islamic Law. This research uses a qualitative descriptive approach to examine the lineage position of children born from sirr marriages. The results show that there are differences between fiqh and KHI regarding the fate of children born from sirr marriages. According to fiqh, all children born from marriages that fulfill the terms and conditions will be automatically assigned to their father. In jurisprudence, children born from unregistered marriages can be assigned to the father. However, in KHI, children born from unregistered marriages can be assigned to the father through a court order or istilhaq.
PENCEGAHAN PERNIKAHAN ANAK UNTUK MEWUJUDKAN KELUARGA MAṢLAḤAH PERSPEKTIF BADRIYAH FAYU Hikmiyah, Hawa' Hidayatul
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 4 No 1 (2024): 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.v4i1.734

Abstract

This article is about preventing child marriage to create a maslahah family in Badriyah Fayumi's view. Early childhood marriage has many negative impacts, especially for girls. At an immature age, quarrels will often occur and this often leads to violence, both physical and verbal. This research uses a literature study approach. The research context is analyzed using legislation (juridical). The data used are books about child marriage and maslahah families. The research results show that Badriyah uses a ma'ruf approach. According to her, child marriage poses a threat to the realization of children's basic rights.. Apart from having a physical and psychological impact on children, marriage at a young age increases poverty rates, school dropouts, stunting, and increases the risk of cervical cancer. According to Badriyah Fayumi, child marriage cannot achieve a harmonious family, and can weaken offspring and future generations. Weak ability, mind and reproductive organs.
TELAAH HUKUM ISLAM TERHADAP PEMBERIAN DISPENSASI NIKAH DI INDONESIA Erfan, Herfin Fahri
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 4 No 1 (2024): 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.v4i1.738

Abstract

Marriage dispensation is a legal solution for those who mostly do not yet have formal legal authority to marry. By taking the step of marriage dispensation, they are trying to ensure that their marriage can be legally recognized. This study analyzes differences of opinion among fiqh experts in determining age limits (baligh, ihtilam, rushd) which have implications for the right to consent in marriage. Marriage is prescribed in the Qur'an to realize the process of human regeneration. The desired generation is a generation of quality so that the task of living life is carried out based on the goals set by the Koran. This research aims to find out how the age limit for marriage in Islam is then analyzed by Islamic school scholars. Islam itself does not limit the ideal age for marriage. The jurists have different opinions regarding the age limit for marriage. The Shafi'i and Hanbali schools believe that the ideal age for marriage is 15 years, while Abu Hanifa believes that the age of maturity comes at 19 years for women and 17 years for men. Meanwhile, Imam Malik believes that the ideal age of maturity is 18 years for both men and women.
QIRÂAH FÎ KHIȚÂB AL-MAR’AH: STUDI ISU GENDER DALAM KITAB DAWÂIR AL-KHAWF Daud, Fathonah K.; Hambali, HM Ridlwan
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 4 No 1 (2024): 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.v4i1.773

Abstract

This article examines gender issues in the thoughts of Naṣr Ḥāmid Abu Zayd as stated in his book entitled Dawâir Al-Khawf Qirâah Fî Khițâb Al-Mar'ah. Naṣr Ḥāmid was originally a follower of Al-Ikhwan al-Muslimun, who later turned into a liberal intellectual figure from Egypt who was known for his controversial and controversial thoughts. This study uses a literature study which refers to several main books of his works and is added to secondary sources in the form of several writings resulting from research on the thoughts of Naṣr Ḥāmid Abu Zayd. The results of this research show that Naṣr Ḥāmid criticizes the interpretations that have developed over time, especially regarding qiwâmah, inheritance, talak, polygyny and women's private parts (hijab). According to him, women are part of the substance that is rooted in human social existence in certain historical realities. These conditions of social relations determine the position of men and women equally in the social, cultural and intellectual framework. Both are equal as complete human beings. This thinking places him at the level of progressive thought and attracts many groups, which is sometimes in harmony with the ideas of early Egyptian Muslim feminists, namely Muhammad Abduh.

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