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Fathonah K. Daud
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alhakam.iaialhikmahtuban@gmail.com
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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 58 Documents
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PENERAPAN ISTISHÂB DALAM KASUS AHLI WARIS YANG HILANG (MAFQŪD) ATAU TIDAK DI KETAHUI KEBERADAANNYA Faizah, Isniyatin; Izza, M. Syafi’ Nuril; Najib, M.
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 1 (2025): 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.v5i1.1004

Abstract

Islamic inheritance law is a critical aspect that Muslims are required to study as part of fardu kifayah, in accordance with the teachings of the Prophet Muhammad. A key challenge in this domain is the case of a missing heir, or mafqūd, whose unknown whereabouts often trigger disputes over the ownership of inherited assets. This study aims to investigate the role of Istishāb, an Islamic legal method that maintains the existing legal status until evidence emerges to change it, in addressing cases of missing heirs. Employing a qualitative approach through document analysis, this research explores the definition of Istishāb as understood by ushul fiqh scholars, its relevance to inheritance law, and its application in determining the status of a mafqūd. The findings reveal that Istishāb plays a significant role in ensuring justice and legal certainty by presuming the missing heir is alive until proof of death is established, thereby protecting the rights of other heirs. The study also elaborates on the perspectives of fiqh scholars, the supporting shar’i evidence, and the procedures for determining the status of a mafqūd, including the freezing of the inheritance share until legal certainty is achieved. Thus, Istishāb functions not only as a legal tool but also as a mechanism to ensure social justice in the distribution of inheritance.
UPAYA PASANGAN SUAMI-ISTRI PENYANDANG DISABILITAS DALAM MEMBENTUK KELUARGA SAKINAH PERSPEKTIF PSIKOLOGI KELUARGA Daud, Fathonah K.; Baroroh, Nunuk Umi; Akbar, Zainuri
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 1 (2025): 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.v5i1.1012

Abstract

This research examines several efforts of husband and wife couples with disabilities in forming a sakinah family from a family psychology perspective. The aim of this research is to find out several efforts and things that are factors in the formation of sakinah families as well as factors that hinder sakinah families in families of people with disabilities. This research is descriptive qualitative in nature, with data collection methods carried out by means of observation, interviews and documentation. The objects of this research are residents of Sokogrenjeng Kenduruan Tuban village who have disabilities and have partners. This is not easy to achieve, because disabled couples certainly have many obstacles in achieving this. The research results show that there are several efforts to create a sakinah family, including harmony in the family, responsibility between husband and wife, ideal leaders, support from family and the environment, based on a sense of mawaddah and mercy. Apart from that, there are several efforts specifically for psychological needs that are implemented to create a sakinah family, including strong cohesion, accepting agreements within the family, a sense of belonging, good communication, a sense of attraction between family members, and each member trying to achieve family goals. . This shows that family psychology has an important role in the family to achieve a harmonious family for couples with disabilities. This research makes an important contribution to our understanding of efforts to form a sakinah family, especially for couples with disabilities, that it is not easy to create a sakinah family, especially in limited conditions.
THE DECLINE IN MARRIAGE RATES DUE TO THE PHENOMENON OF CAREER WOMEN FROM THE PERSPECTIVE OF ISLAMIC FAMILY LAW (CASE STUDY IN SAMBOGUNUNG VILLAGE, DUKUN DISTRICT, GRESIK REGENCY) Shulhah, Rodhiyatus; Faizah, Nur; Velayati, Naili
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 2 (2025): 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.v5i2.1057

Abstract

Social phenomena such as childfree, waithood, and unmarried women indicate a shift in societal views on marriage. The increasing role of women in the workforce in Sambogunung Village has resulted in a decrease in the number of marriages, with many women choosing to postpone marriage in order to achieve financial independence and develop themselves. This shift in the perspective of the more educated younger generation indicates that marriage is no longer seen as an end in itself, but rather as a decision that should be made based on readiness and mutual agreement. Although marriage is still considered important from a social and religious perspective, challenges arise related to family and community stability, including imbalances in gender interactions. On the other hand, this phenomenon also creates opportunities to build more balanced families, where couples can support each other in financial management and domestic responsibilities. Therefore, supporting women in achieving career success is crucial, so that harmonious family values can be maintained and society can adapt to these changes without losing its identity.
THE DOMINANCE OF LOCAL CULTURE AND RELIGIOUS DOGMA OVER STATE LAW: A STUDY OF CHILD MARRIAGE LEGAL CULTURE IN RURAL INDONESIA Aziz, Muhammad; Sholikah, Sholikah; Ghazali, Mohd Fahmi; Lee, Umi Hamidaton Mohd Soffian; Zakiyah, Amanatus
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 2 (2025): 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.v5i2.1147

Abstract

The phenomenon of child marriage in rural Indonesia is a complex socio-legal issue, characterized by tensions between state legal norms, customary traditions, and interpretations of religious dogma. Although Law No. 16/2019 has raised the minimum age for marriage for men and women to 19 years with the noble aim of protecting children's rights, the reality on the ground shows a high number of requests for marriage dispensations that actually legitimize this practice. This study aims to analyze the dominance of customary law and religious dogmatism over state law in the context of child marriage through the framework of Lawrence M Friedman's Legal System Theory. Using qualitative socio-legal research methods, this study examines the dynamic interaction between legal substance, legal structure, and legal culture.
IMPLEMENTATION OF THE PROSPECTIVE BRIDE AND GROOM COURSE: A STUDY AT THE OFFICE OF RELIGIOUS AFFAIRS OF NORTH TIDORE DISTRICT Abu, Asnawi; Abubakar, Fatum; Husein, Muhammad Ar.
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 2 (2025): 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.v5i2.1033

Abstract

The Prospective Bride and Groom Course Program (SUSCATIN) for prospective husbands and wives by the government through the Ministry of Religion which is implemented by the KUA with the belief that the implementation of this program will create a harmonious family, Sakinah, Mawaddah and Warahmah.The method used in this study is a qualitative method. The purpose is to implement the Prospective Bride and Groom Course at the KUA of North Tidore District, Tidore Islands City. The formulation of the problem is How is the Implementation of SUSCATIN at the KUA of North Tidore? What are the opportunities and obstacles to the Implementation of the Prospective Bride and Groom Course at the KUA of North Tidore District, Tidore Islands City?. The results obtained are: 1) SUSCATIN at the KUA of North Tidore District has been implemented, but its implementation has not been optimal, due to several factors: a) there is no strong commitment from the Head of KUA and related staff, b) lack of resource persons, c) lack of supporting facilities, d) no budget/implementation costs prepared by the institution, and e) community tradition that does not allow prospective brides and grooms to leave the house several days before the implementation. 2) A number of opportunities and obstacles in the implementation of SUSCATIN at the KUA of North Tidore District, namely the weakness in the regulatory aspects that govern its implementation, including the absence of legal sanctions against prospective brides and grooms who do not participate in SUSCATIN and officers at the KUA who do not organize it, and SUSCATIN has not been made an absolute requirement in the marriage process, meaning it has not been placed as part of a basic requirement for the marriage process, so it does not have legal binding force
IMPLEMENTATION OF MARRIAGE AGE LIMITS IN POSITIVE LAW TO PREVENT EARLY MARRIAGE (CASE STUDY AT THE OFFICE OF RELIGIOUS AFFAIRS, BUNGAH DISTRICT, GRESIK REGENCY) Sa'diyah, Diaz Zahrotus; Hikmah, Maziyyatul; Amin, Muhammad Faishol
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 2 (2025): 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.v5i2.1062

Abstract

Penelitian ini dilatarbelakangi oleh masih terjadinya pernikahan usia dini di masyarakat, khususnya di Kecamatan Bungah, Kabupaten Gresik, meskipun telah ada ketentuan hukum positif yang menetapkan usia minimal untuk menikah. Undang-Undang Nomor 16 Tahun 2019 mengubah batas usia minimal menikah menjadi 19 tahun bagi laki-laki maupun perempuan. Namun dalam praktiknya, banyak pasangan yang tetap menikah di bawah usia tersebut, salah satunya karena adanya kehamilan di luar nikah. Berdasarkan hal tersebut, penelitian ini bertujuan untuk mengetahui bagaimana implementasi batas usia nikah dalam hukum positif di KUA Kecamatan Bungah serta bagaimana upaya pencegahan pernikahan usia dini yang dilakukan oleh pihak KUA. Penelitian ini menggunakan metode kualitatif deskriptif dengan teknik pengumpulan data berupa wawancara dan dokumentasi. Hasil penelitian menunjukkan bahwa KUA Kecamatan Bungah telah menerapkan aturan hukum positif dengan tidak mencatat pernikahan di bawah usia 19 tahun tanpa adanya dispensasi dari pengadilan agama. Namun demikian, praktik pernikahan dini tetap terjadi karena adanya kelonggaran melalui dispensasi. Di sisi lain, KUA juga telah melakukan berbagai upaya pencegahan seperti penyuluhan ke sekolah-sekolah, kerja sama dengan puskesmas, serta pelaksanaan program edukatif seperti BRUS dan BRUN. Hal ini menunjukkan bahwa pelaksanaan hukum perlu dibarengi dengan edukasi menyeluruh dan peran aktif masyarakat untuk menekan angka pernikahan usia dini
LEGAL CAPACITY AND AGE STANDARDS FOR NASAB GUARDIANS IN INDONESIAN MARRIAGE LAW Paputungan, Sugiarto; Su’adah, Fatkhiyatus
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 2 (2025): 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.v5i2.1070

Abstract

Abstract: Marriage guardianship is a key pillar in the marriage contract that must be fulfilled. According to the Minister of Religious Affairs Regulation No. 20 of 2019, guardianship is classified into nasab (lineal descent) guardians and judicial guardians. The requirement of puberty (baligh) for nasab guardians is considered problematic, as it does not align with Indonesia’s legal definition of adulthood, which sets adulthood at 18 or 21 years depending on the context. This research uses qualitative methods with a normative-juridical approach, based on primary legal documents and secondary references from books and scholarly articles. The study concludes that the puberty requirement, as stipulated in Article 12 Paragraph (2) of PMA No. 20/2019, contradicts the principle of lex superior derogat legi inferiori, the provisions of legal capacity under private law, and the requirement for legal competence.
KONSEP IJTIHAD KONTEMPORER DALAM PEMIKIRAN YUSUF AL-QARDAWI DAN RELEVANSINYA BAGI PENGEMBANGAN HUKUM KELUARGA ISLAM Fahri, Herfin; Rivaldhi, Ahmad Faiq
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 2 (2025): 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.v5i2.1168

Abstract

Abstract. This study discusses the concept of contemporary ijtihad in Yusuf al-Qardawi's thought and its relevance to the development of Islamic law in the modern era. The background of this research stems from the reality that the dynamics of human life continue to change in line with advances in science, technology, and globalization. These changes demand renewal in Islamic law so that it remains capable of responding to various new issues that were not found in classical times. In this context, Yusuf al-Qaradawi presents the idea of contemporary ijtihad, which emphasizes a balance between the texts of the Sharia (nash) and the context of social reality (waqi‘), and uses maqāṣid al-syarī‘ah as the basic framework for determining the law. This study uses a qualitative method with a library research approach, through analysis of al-Qaradawi's major works such as Al-Ijtihad fi al-Syari'ah al-Islamiyyah, Fiqh al-Waqi', and Al-Fiqh al-Islami bayna al-Asalah wa al-Tajdid. This approach aims to gain an in-depth understanding of the concept of ijtihad offered by al-Qaradawi and its implications for the renewal of Islamic law. The objective of this study is to outline al-Qaradawi's thinking on contemporary ijtihad, examine its methods and principles, and assess the extent to which these ideas contribute to the development of an adaptive, moderate Islamic law that remains grounded in the fundamental values of the Qur'an and Sunnah. The results of the study show that Al-Qardawi developed a framework of ijtihad based on the principles of balance (tawāzun), ease (taysīr), moderation (wasathiyyah), and collective ijtihad (ijtihād jamā‘ī). His thinking has contributed significantly to the development of Islamic law that is adaptive and responsive to the developments of the era. Keywords: Yusuf al-Qaradawi, contemporary ijtihad, Islamic law.

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