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Fathonah K. Daud
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fathkasuwi@gmail.com
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+6281294044100
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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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Kab. tuban,
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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 52 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.

Page 6 of 6 | Total Record : 52

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