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Fathonah K. Daud
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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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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 74 Documents
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PARENTAL SOCIAL CONTROL AND THE PHENOMENON OF MARRIAGE DISPENSATION IN BOJONEGORO: A TRAVIS HIRSCHI PERSPECTIVE Abdul Jalil; Aya Mamlu'ah; Hanif Azhar; Fatimah Fittrotuzzahro
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 6 No 1 (2026): 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.v6i1.1426

Abstract

This article explores the role of parents in the family as a preventive effort to reduce the rate of marriage dispensation in Bojonegoro, using Travis Hirschi’s Social Control Theory as the analytical framework. The study employs a qualitative, descriptive-analytical method through library research. The objectives are to examine the dynamics of marriage dispensation in Bojonegoro Regency and to understand the role of parents in preventive measures to reduce marriage dispensation rates, applying Travis Hirschi’s Social Control Theory. The analysis reveals that applying Hirschi’s Social Control Theory can effectively reduce the high number of marriage dispensation requests in Bojonegoro by involving parents in the family through four key elements: Attachment (emotional bonding), Involvement (active engagement), Commitment (strong adherence to positive values), and Belief (adherence to prevailing moral norms). Additionally, the support of other social institutions such as the community, educational institutions, and law enforcement plays a crucial role in reinforcing these efforts..
ACTUALIZATION OF MAQASHID SYARIAH IN THE MARRIAGE GUIDANCE PROGRAM AS A FOUNDATION FOR A SAKINAH FAMILY Budhi Hadi Syah Putra; Muhammad Yusron Maulana El-Yunusi El-Yunusi
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 6 No 1 (2026): 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.v6i1.1429

Abstract

The purpose of this study is to analyze the perspective of maqasid sharia in the marriage guidance program for prospective brides and grooms at the Tandes Surabaya Religious Affairs Office (KUA). The demand for spiritual and physical readiness for prospective brides and grooms is an aspect of need that must be instilled before entering the world of marriage. Using a qualitative approach and descriptive method, data achievement was obtained from intensive interviews with the Head of KUA, Islamic religious instructors, and guidance participants, as well as direct observation during the implementation of the program. The analysis was carried out by linking field data with the theory of maqasid sharia to draw conclusions. The results of the study indicate that the marriage guidance program for prospective brides and grooms at the Tandes Surabaya KUA is a strategic means to implement the principles of maqasid sharia, namely: maintaining religion (hifz al-din), soul (hifz al-nafs), reason (hifz al-‘aql), descendants (hifz al-nasl), and property (hifz al-mal). This program combines positive law materials, values ​​in maqasid sharia as well as providing communication skills, conflict management and financial management. The integration of positive law material with the maqasid sharia (Islamic principles) makes this guidance highly relevant. The recommendations and findings in this study relate to the duration of guidance and ongoing post-marriage programs as a solution for guiding the community in married life
JUDICIAL REJECTION OF MARRIAGE DISPENSATION: A NORMATIVE JURIDICAL ANALYSIS FROM THE PERSPECTIVE OF CHILD PROTECTION Awal Mukmin; Andi Mulyanti Selayar H
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 6 No 1 (2026): 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.v6i1.1430

Abstract

Applications for marriage dispensation for minors under Law No. 16/2019 remain prevalent in Indonesia; however, not all requests are granted. This normative juridical research aims to analyze the legal reasoning of judges in rejecting such applications through a study of religious court judgment documents. The results indicate that rejections are generally based on the emotional and psychological immaturity, economic unreadiness, and low educational level of the prospective bride and groom. Judges prioritize the principle of the best interest of the child in accordance with national and international laws. In conclusion, judicial rejections are not only based on formal legal norms but also consider social, moral, and child protection aspects against the negative impacts of early marriage. Therefore, marriage dispensation must be positioned as a last resort (ultimum remedium), rather than a primary solution.
FATHERS IN HAḌANAH AND GUARDIANSHIP WITHIN THE FRAMEWORK OF THE COMPILATION OF ISLAMIC LAW: A CASE STUDY OF JATISARI VILLAGE TUBAN Istingadah Istingadah; Fathonah K. Daud
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 6 No 1 (2026): 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.v6i1.1431

Abstract

This study examines the legal responsibilities of single fathers in child custody and guardianship rights based on Articels 105 and 107 of the Compilation of Islamic Law (KHI) from research conducted in Jatisari Village, Senori District, Tuban. The increasing number of single fathers due to the death of spouses and the shifting family structure in rural communities form an important background for this study, particularly as limited research addresses fathers readiness to independently undertake caregiving roles. The method used is field research with direct data collection from the location to explore the real conditions og single fathers. Although legally the mother is the primary caregiver, children are cared for by the father after the mother’s death, so that the existing patriarchal culture places and factors of father’s unpreparedness present new challenges. The findings show a misalignment between legal norms and social conditions, so that it is necessary to strengthen the capacity of single fathers so that their responsibilities are not only legal but also socially and emotionally effective. This study also emphasizes the importance of social support and parenting education based on Islamic values to strengthen the role of fathers in fulfilling children’s needs holistically.

Page 8 of 8 | Total Record : 74

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