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Qanun : Jurnal Hukum Keluarga Islam
Published by Universitas Sultan Ageng Tirtayasa
ISSN : 30312337     EISSN : 30312507     DOI : http://dx.doi.org/10.62870/qanun
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Qanun aims to serve as an academic discussion ground on the development of Islamic Family Law and gender issues. It is intended to contribute to the long-standing (classical) debate and to the ongoing development of Islamic Family Law and gender issues regardless of time, region, and medium in both theoretical or empirical studies. Al-Ahwal always places Islamic Family Law and Gender issues as the focus and scope of academic inquiry.
Arjuna Subject : Umum - Umum
Articles 35 Documents
 1   2   3   4 
Analisis Persepsi Hakim Terhadap Pembayaran Uang ‘Iwad dan Khulu’ dalam Perceraian (Studi Kasus di Pengadilan Agama Wonosobo) Afifah, Hasna
Qanun: Jurnal Hukum Keluarga Islam Vol. 1 No. 1 Mei 2023 Exploring Marital Law: Isbath, Role Distribution Between Spouses, Divorce, Idd
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v1i1.24677

Abstract

The background of this research is in terms of the ignorance of people about what the payment of ‘iwadh and khulu’ are in which they, in fact, have been stated in the sighot taklik talak as well as in the marriage certificate as issued by Ministry of Religion. Khulu’ is a divorce where a wife pays the amount of money as ‘iwadh (substitute) to the husband; meanwhile, ‘Iwadh refers to the pillar that is a must in doing the khulu’. In the hadith regulating about khulu’, it is stated that iwadh is given to the husband but in reality in the Religion Court it is not a must to be given. This is a field research using the qualitative method through interview and using the empirical juridical approach to obtain the information related. Meanwhile, the data were taken from the Religion Court of Wonosobo, and other data related to the payment of ‘iwadh and khulu’. This research is more focused on the issue of legal basis of verdict in the payment of ‘iwadh in Religion Court of Wonosobo. The basis of judge in determine the payment of ‘iwadh and khulu’ in a divorce in based upon the regulation of sighot taklik stated in the marriage certificate issued by the Religion Court. Meanwhile, in khulu’ the verdict is given by court when all subtitutes have been paid. Based upon this problem, the research focus is how the analysis on the payment of ‘iwadh and khulu’ in a divorce and what is the legal basis of the verdict about the payment of ‘iwadh and khulu’ in Religion Court of Wonosobo.
Perkawinan Anggota Lembaga Dakwah Islam Indonesia Menurut Hukum Perkawinan Islam Listyorini, Indah; Dyana, Burhanatut; Candra Pramudya, Ree Naldy
Qanun: Jurnal Hukum Keluarga Islam Vol. 1 No. 2 November 2023 "Gender Relations in Marriage: The Role of the Wife in Financial Support"
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62870/qanun.v1i2.24725

Abstract

The Indonesian Islamic Da'wah Institute (LDII) group in Bojonegoro Regency strictly adheres to the rules within its organization. It is prohibited to marry someone from a different organization or other than a member of the Indonesian Islamic Da'wah Institute (LDII). The aim of this research is to find out what the legal form of marriage is for members of the Indonesian Islamic Da'wah Institute (LDII) in Bojonegoro Regency. This research is field research, using a qualitative approach. By using primary and secondary data. The data that has been obtained is then processed using the theories of marriage, kafaah and Islamic law. The results of research on the form of marriage for members of the Indonesian Islamic Da'wah Institute (LDII) in Bojonegoro Regency according to Islamic law is the same as the marriage of other Muslim members, namely harmony and the conditions for marriage are the same as in general, there is a bride and groom, guardian, two witnesses and a qobul consent. Meanwhile, the Koran and Hadith are the basis. Members of the Indonesian Islamic Da'wah Institute (LDII) prefer people from the same group or organization because there is a sense of comfort in their own hearts, which is hoped by all the kufu' in terms of the organization, it can create harmony in the household later because there is a common understanding. 
Back Matter Vol. 1 No. 2 November 2023 Abdillah, kudrat
Qanun: Jurnal Hukum Keluarga Islam Vol. 1 No. 2 November 2023 "Gender Relations in Marriage: The Role of the Wife in Financial Support"
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62870/qanun.v1i2.24732

Abstract

Eksistensi Wasiat Wajibah sebagai Alternatif dalam Pembagian Waris yang Ahli Warisnya Beragama Non - Muslim di Indonesia Antasiyah, Lia; Veviati, Isna; Yulianingsih, Wiwin
Qanun: Jurnal Hukum Keluarga Islam Vol. 1 No. 1 Mei 2023 Exploring Marital Law: Isbath, Role Distribution Between Spouses, Divorce, Idd
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v1i1.24678

Abstract

The zdivision zor ztransfer zof zinheritance zrights zis zgiven zto zthe zheirs zor zif zthe zheirs zare zprevented zfrom zgetting zthe zinheritance, zthen za zwill zcan zbe zused. A zwill zis za zgift zfrom zone zperson zto zanother, zwhether zin zthe zform zof zobjects, zreceivables, zor zbenefits zto zbe zowned zby zthe zbeneficiary zas za zgift zthat ztakes zeffect zafter zthe zdeath zof zthe zperson zmaking zthe zwill. The zterm zobligatory zwill zwas zfirst zrecognized zin zthe zEgyptian zInheritance zLaw zwhich zis zused zto zhelp zmale zgrandsons zwho zare zhindered zfrom zobtaining zinheritance zdue zto zbeing zveiled zby zsons zfor zgranddaughters, zthus zwith zthe zobligatory zwill zit zallows zsomeone zwho zis zhindered zby zthe zright zto zobtain zinheritance zrights. possible zto zinherit. This research is a normative juridical research, the main material is based on several theories, concepts, and principles of law and related laws and regulations in this study. The approach used is the statute approach and the case approach. The position of non-Muslim children to the inheritance of Muslim heirs is not as heirs where in Islamic Inheritance Law does not recognize heirs to people of different religions (non-Muslims), because the purpose of inheritance itself is according to the concept of maqashid al-syariah (the purpose of inheritance Islamic law) operationally is to maintain property and offspring. This is the reason that the position of the right of non-Muslim children to the inheritance of Muslim heirs is regulated in the Islamic Inheritance Law in force in Indonesia which places children of other religions from the religion embraced by the heir not to inherit but to obtain a mandatory will.
Back Matter Vol. 2 No. 1 Mei 2024 matter, back
Qanun: Jurnal Hukum Keluarga Islam Vol. 2 No. 1 Mei 2024 "Contemporary Family Law Issues: Early Marriage, Child Custody, and the Impact
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v2i1.25711

Abstract

Impact of Online Gambling Practices on Family Harmony: A Case Study in South Meruya, Kembangan Sub-District, West Jakarta Ramadhan, Taufiq; Taufik, Taufik; Mubarok, Tb. Azka; Arif Mahendra, Bayu
Qanun: Jurnal Hukum Keluarga Islam Vol. 2 No. 1 Mei 2024 "Contemporary Family Law Issues: Early Marriage, Child Custody, and the Impact
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v2i1.24769

Abstract

This article aims to examine the implications for household harmony of the practice of online gambling. Then this research is aimed at examining how the background causes someone to fall into online gambling and examining the consequences of gambling games on people who are married. The phenomenon of online gambling practices has recently been found in the Meruya Selatan area, Kembangan District, West Jakarta, which is dominated by teenagers and some are married. The type of research used in this writing is qualitative research that produces descriptive data analysis, supported by primary and secondary data sources then data collection techniques by means of observation, interviews and documentation. The results of this study show that the causes of online gambling are due to several factors, namely cultural factors, economic factors, situational factors and technological development factors. As for the consequences caused to households that are involved in online gambling, namely resulting in divorce, quarrels, unpaid debts and emotions that quickly rise and are not controlled.
Waqf Productivity in Indonesia: Challenges and Prospects for Sustainability Uyun, Linatul; Hamida, Nuriya
Qanun: Jurnal Hukum Keluarga Islam Vol. 2 No. 1 Mei 2024 "Contemporary Family Law Issues: Early Marriage, Child Custody, and the Impact
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v2i1.24770

Abstract

 Islam emphasises the values of social care and sustainability in helping others. This is realised by the practice of waqf, which is then a form of charity. Waqf management that used to focus only on worship purposes is now innovating to a productive management system. The productive concept is expected to improve the welfare of the people and the economy. The purpose of this research is to explain that the concept of productive waqf has not been widely practised by Indonesian Muslims. This research is a literature research, with a normative approach. The normative approach is an approach based on legal norms and the concept of sharia. The result of this research is productive waqf as a more effective form of zakat distribution. Productive waqf is not only an integral aspect of Islamic teachings, but also an effective instrument for building a just, equitable, and sustainable society. Productive waqf so far still faces various challenges, including in terms of management aspects that tend to focus on the use of worship. In addition, there is still a lack of waqif information that assets that can be waqfed are not always immovable objects and no less important the role of the government is still very lacking which then has an impact on the low awareness of waqf.
Responsibilities of Parents with Disabilities in Fulfilling Children's Rights: A Review of Islamic Law and Child Protection Law Yaomi Arsy, Yasinta; Asyrof, Muhammad Najib
Qanun: Jurnal Hukum Keluarga Islam Vol. 2 No. 1 Mei 2024 "Contemporary Family Law Issues: Early Marriage, Child Custody, and the Impact
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v2i1.24803

Abstract

One of the juridical consequences arising from the agreement or legal bond of marriage between a man and a woman is the emergence of rights and obligations between both parties. One of their rights and obligations is to jointly fulfill the rights of the children resulting from the marriage. Although fulfilling the rights of the children is a duty for both parents, the situation becomes different when the parents face physical limitations, namely disabilities. In this context, they will strive harder to ensure the fulfillment of the children's rights. Considering the gap between the reality and the idealism of the law, this research aims to explore the efforts of parents with disabilities in fulfilling the rights of children in the Citangkil District of Cilegon City from the perspective of the Republic of Indonesia Law No. 35 of 2014 concerning Child Protection and Islamic Law. In line with the research objective, this study uses a qualitative method focusing on field facts, with a juridical approach. From this methodological approach, this research successfully reveals that various efforts made by parents with disabilities to fulfill the children's right to life, including working as massage therapists, farmers, entrepreneurs, traders, and waste collectors. In accordance with the Child Protection Law No. 35 of 2014 and Islamic Law, this research concludes that parents with disabilities have fulfilled the children's rights in accordance with the provisions of the law.
The Influence Out-Of-Wedlock Birth on Child Custody in Gunungkidul, Yogyakarta: A Sosio-Legal Analysis Krismono, Krismono; Dzulfikar Rahman, Rabik
Qanun: Jurnal Hukum Keluarga Islam Vol. 2 No. 1 Mei 2024 "Contemporary Family Law Issues: Early Marriage, Child Custody, and the Impact
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v2i1.24804

Abstract

This study explores the impact of out-of-wedlock births on child custody rights in Gunungkidul, Yogyakarta through a socio-legal approach. In this area, out-of-wedlock pregnancies are common among teenagers, creating social and legal challenges in regulating child custody rights. Using qualitative case study research, data were gathered through interviews and literature review. The main findings indicate that the unclear status of children and the teenagers' lack of preparedness in facing pregnancy significantly impact the legalization process and increase social stigma towards both teenagers and their children. The study reveals deficiencies in sexual education and social support, as well as a mismatch between social values and the existing legal framework. Recommendations include urgent policy reforms to prioritize children's rights and provide greater protection for teenagers. Expanded strategies for sexual education and socialization are also recommended to prevent out-of-wedlock pregnancies. The implications of these findings are expected to improve legal practices and social handling related to the custody rights of children born from out-of-wedlock relationships in Gunungkidul, Yogyakarta.
Front Matter Vol. 2 No. 1 Mei 2024 matter, front
Qanun: Jurnal Hukum Keluarga Islam Vol. 2 No. 1 Mei 2024 "Contemporary Family Law Issues: Early Marriage, Child Custody, and the Impact
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v2i1.25710

Abstract

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