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Nur Hakimah
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alusroh@iainptk.ac.id
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Address: Jl. Letjend Suprapto No. 19 Pontianak, Kalimantan Barat 78122
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INDONESIA
Jurnal Hukum Islam dan Hukum Keluarga
Published by Institut Agama Islam Negeri Pontianak
ISSN : -     EISSN : 29887348     DOI : https://doi.org/10.24260/al-usroh
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Other
Al-Usroh is a Scientific journal in the field of Islami Family Law that published by Islamic Family Law Program Shariah Faculty State Institue Of Islamic Religious Pontianak. This journal countains the masterpiece of writers and reserches. This journal welcomes contribution from scholars and expert in releated disciplines, especially from Islamic Family Law Scholars. Al- Usroh is published twice a year in July and December. The focus of Al-Usroh is to provide a place for students to publish the original research of their undergraduate thesis. The scope is only on Islamic Family Law related to Islamic Family Law Department.
Arjuna Subject : Umum - Umum
Articles 84 Documents
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PERTENTANGAN MISI KENABIAN DAN HUKUM PERNIKAHAN BEDA AGAMA DI INDONESIA: Analisis Faktor Penolakan dan Relevansinya Sugitanata, Arif
Al-Usroh Vol. 3 No. 2 (2023): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i2.1998

Abstract

The contradictions in the prophetic era over the noble mission also apply to marriage laws, especially the rules for interfaith marriages. The issue has been a long and unavoidable debate. This study seeks to answer the rejection factors and relevance of the contradiction between the prophetic mission and the law of interfaith marriage in Indonesia. Using a literature review methodology, which includes collecting relevant literature, mainly works still related to the research subject, then processed descriptively-analytically. The research suggests a correlation between the factors contributing to society's rejection of the prophetic treatise and the factors influencing Indonesian society's rejection of the interfaith marriage law. The significance lies in the mutual refusal shown by both parties, as they reject the benefits of the situation. Muslims and Indonesians alike have shown resistance to accepting the proposed benefits. On the other hand, it is also essential to recognize that a significant factor contributing to the rejection is a lack of understanding. Every individual must understand that the ideas brought by the prophets encompass genuine truths that require acceptance to safeguard earthly and afterlife existence, as well as the salvation of all humanity. Likewise, individuals in Indonesia need to understand the importance of the regulations about interfaith marriage.
LARANGAN MENIKAH PADA HARI GEBLAK ORANG TUA PERSPEKTIF HUKUM ISLAM: (Studi Kasus Kelurahan Parit Culum II Kecamatan Muara Sabak Barat, Kabupaten Tanjung Jabung Timur Provinsi Jambi Ishaq, Fadhli Muhaimin; Parwati, Dwi Yuni
Al-Usroh Vol. 3 No. 2 (2023): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i2.2006

Abstract

This article examines the Prohibition of Marriage on the Day of Geblak Parents from the Perspective of Islamic Law in Parit Culum II Village, West Muara Sabak District, East Tanjung Jabung Regency, Jambi Province. The purpose of this research is to find out: 1) the prohibition of marriage on geblak day in Parit Culum Village; 2) The reason for the prohibition of marriage on geblak day; 3) the prohibition of geblak marriage from the perspective of Islamic law. This article uses empirical legal research methods and legal anthropology approaches. The data sources used in this research are; field observations and interviews with several informants related to this issue such as interviews with community leaders, traditional leaders, religious leaders, and village officials of Parit Culum II village while secondary data is obtained through several books related to the theory of marriage and customary law. The data obtained is then analyzed by conducting descriptive data analysis. The result of this research is still the belief in an unfavorable day for conducting a wedding ceremony, which is referred to as the day of the parents' geblak. This tradition has been believed by the people of Parit Culum II Village for generations and is still practiced until now. Second, the provisions of the tradition of the prohibition of marriage on the day of the parents' geblak are not found in a clear or definite text in Islam, even though the practice of this marriage prohibition is not punished as haram.
THE PRACTICE OF POLYANDRY MARRIAGE IN WOLWAL VILLAGE IN THE PERSPECTIVE OF SOCIOLOGY OF ISLAMIC LAW Hamsah, Yudi; Rahmi, Irma Nur
Al-Usroh Vol. 3 No. 2 (2023): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i2.2019

Abstract

This study aims to find out how polyandry marriages are practiced in Wolwal Village, Alor Barat Daya District, Alor Regency, East Nusa Tenggara Province. This type of research is a type of qualitative research using field research methods, so that researchers go directly to the community and obtain valid data. The procedure of this research is data collection, data reduction, data presentation and the stage of verification or drawing conclusions. Based on the data collected then analyzed using a sociological normative approach, namely by assessing the facts or realities that exist in society or the values ??that are held in society, whether marriage is in accordance with the rules of Islamic teachings or actually deviates. The instruments used were observation, interviews, and documentation related to polyandry marriages in Wolwal Village. Based on the research results obtained, the researchers concluded that there were polyandry marriages in Wolwal Village. This marriage was caused on the basis of ignorance about the marriage procedure recommended by Islamic law and also other factors that increased within the perpetrator of the marriage so that the marriage took place. Meanwhile, in a sociological review of Islamic law, there is a prohibition in polyandry marriages due to the fact that in this marriage there will be defects in family relations or in society in general and not knowing the biological children of the couple.
KONSEP ALTERNATIF PENYELESAIAN SENGKETA DAN APLIKASINYA DALAM HUKUM KELUARGA Salam, Nor
Al-Usroh Vol. 3 No. 2 (2023): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i2.2248

Abstract

This study is methodologically a descriptive study that focuses on tracking the basic concepts of alternative dispute resolution as well as their application in the context of family law (fiqh al-usrah). The conclusions of this study show that even historically, the birth of the concept of alternative dispute resolution is more related to the business world which requires patterns of dispute resolution quickly and efficiently. However, legal dispute resolution patterns based on this model can also be applied in the field of fiqh al-usrah. In fact, dispute resolution through such a process is in line with the moral ideal of the Quran which requires that any dispute resolution must be built on the principle of al-ishlah, including in the context of family law.
SISTEM PEMBAGIAN HARTA WARISAN DI PADANG TIKAR KECAMATAN BATU AMPAR KABUPATEN KUBU RAYA PERSPEKTIF KOMPILASI HUKUM ISLAM Sufyana, Sufyana; Hasan, Muhammad; Ulya, Nanda Himmatul
Al-Usroh Vol. 4 No. 2 (2024): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v4i2.899

Abstract

This study aims to explain the inheritance distribution system when the heir is still alive and has died and to explain the inheritance distribution system if one of the heirs died first from the heir in Padang Tikar, Batu Ampar District, Kubu Raya Regency. The method used is a qualitative method with the type of empirical normative research. The data analysis technique was carried out through grouping the results of the new interviews and then analyzed with objective thinking. So it can be concluded that first, the application of inheritance distribution carried out by several Padang Tikar people before the heir died was not in accordance with the provisions of the Shari'a in the distribution of inheritance. However, this practice has an alternative which is stated in Article 187 of the Compilation of Islamic Law (KHI) which has the intention of allowing the distribution of inheritance to be carried out before the testator dies by fulfilling several conditions. Second, the death of an heir is a provision in the distribution of property to the heirs. This is also described in Article 171 b of the Compilation of Islamic Law, so that what is practiced by the majority of the people of Padang Tikar is in accordance with existing provisions. the majority of Jumhur Ulama agreed that the heirs who died before the heir died did not get a share, nor did their children (grandsons of Mawaris). However, this provision is explained in Article 185 of the Compilation of Islamic Law (KHI) regarding the replacement of positions. In this case, the majority of the people of Padang Tikar implement a replacement position and are considered appropriate. There are also some who do not apply this, but the provision of assets can be given through grants. This is of course in accordance with the opinion of the majority of Jumhur Ulama, but not in accordance with Article 185 of the Compilation of Islamic Law (KHI).
TUGAS DAN WEWENANG BADAN WAKAF INDONESIA KALIMANTAN BARAT DALAM MENINGKATKAN KAPABILITAS NAZHIR MENURUT UNDANG-UNDANG NOMOR 41 TAHUN 2004 TENTANG WAKAF Akmal, Riyadh; Marluwi, Marluwi; Ardiansyah, Ardiansyah
Al-Usroh Vol. 4 No. 1 (2024): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v4i1.956

Abstract

The purpose of this study is to determine: 1) Duties and authorities of BWI West Kalimantan in increasing the capabilities of Nazhir. 2) Conformity of the implementation of the duties and authorities of West Kalimantan BWI with Law Number 41 of 2004 concerning Waqf. This study uses a qualitative research method with a normative juridical approach. The techniques used in data collection are interviews and documentation. The data analysis technique in this study uses a descriptive-analytical analysis, which is an analysis based on the data obtained, then described, analyzed and concluded. Based on the analysis it can be concluded that: 1) The duties and authorities of the West Kalimantan BWI in improving the capabilities Nazhir are in the form of coaching. The guidance carried out by BWI West Kalimantan is in the form of socialization and training which is realized through seminars and programs in collaboration with the Ministry of Religion. 2) The duties and authorities of West Kalimantan BWI in improving the capability of nazhir are in accordance with the formulation of Law Number 41 of 2004 concerning waqf, which is regulated in Article 49 Paragraph 1 concerning the duties and authorities of BWI, then explained in Government Regulation Number 42 of 2006 Article 53.
WAKAF HAK ATAS KEKAYAAN INTELEKTUAL DALAM TINJAUAN HUKUM ISLAM DAN UNDANG-UNDANG NOMOR 41 TAHUN 2004 TENTANG WAKAF: (Studi Kasus Pasal 16 ayat 3 Huruf E Hak Atas Kekayaan Intelektual) Syafi'ie, Imam; Ma'u, Dahlia Haliah; Ardiansyah, Ardiansyah
Al-Usroh Vol. 4 No. 1 (2024): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v4i1.961

Abstract

This research explains waqf for intellectual property and reviews of Islamic law. As well as answering and knowing: 1) the position of intellectual property rights as an object of waqf in the concept of Islamic law. 2) implementation of the endowment of intellectual property rights if the wakif dies. The position of intellectual property rights as an object of waqf is explained in the Case Study of Article 16 paragraph 3 Letter E of Law Number 41 of 2004 concerning Waqf, as well as the Islamic religious perspective. This research is included in the descriptive qualitative research cluster using a library research approach (literature study), a way of collecting data in research by collecting literary sources such as books that explain waqf, journals related to research, and books that discuss waqf. intellectual property rights, the method of validating data from this research uses four criteria, namely reliability, transferability, reliability and verifiability, and data analysis techniques with data reduction, data display, and data withdrawal. This research shows that: 1) the position of Intellectual Property Rights in Islamic law. The position of intellectual waqf property rights when they become the object of waqf. There are many opinions about this, but in essence, all of them allow or are legal in waqf rights. Even though IPR waqf is basically rarely done, it is permitted by all Islamic schools of thought. Waqf that does not materialize, such as art or the identity of an item, is legally waqf, and the terms return to the basic law of waqf. 2) Implementation of the endowment of Intellectual Property Rights when the person providing the endowment dies. The position of giving IPR is if the waqf is issued before death, then the gift is continued based on the deed, because the gift is a legal act of waqf to separate/transfer part of one's property rights to be used according to the rights and values ??of worship of both the living and the dead. The reward is then received by the reward waqif, so that the reward continues and the waqf remains valid in religious law and in the context of the state.
URGENSI PENCANTUMAN HAK-HAK ISTRI DALAM GUGATAN CERAI DI PENGADILAN AGAMA KELAS I-A PONTIANAK Febriani, Sabila; Ma'u, Dahlia Haliah; Muzammil, Sa’dulloh
Al-Usroh Vol. 4 No. 1 (2024): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v4i1.1368

Abstract

The purpose of this research are to know: 1) Why did the inclusion of wives’ rights come as a requisite for filing a divorce at the religion court of the I-A Pontianak; 2) the effect of filing wives’ rights in filing for divorce at the religion court of the I-A Pontianak. Researchers use qualitative methods of study with a type of empirical judicial research and a qualitative approach. Data sources use the primary data of the religious court judge as a source in interviews conducted by researchers. While secondary data sources include a compilation of Islamic law, SEMA, PERMA, a letter from the Dirjen Badilag of the republic of Indonesia, books, journals, articles, and so forth on the research topic. A data-collection technique that conducting interviews and accompanied by documentation. Then technical data analysis, researchers performed data reduction, data presentation and came up with a conclusion. Then, the data was verified by the member check. The result of this study show that: 1) The inclusion of wives’ rights as a requisite for filing a divorce isn’t a requirement for filing a divorce at the religious court of the I-A Pontianak. But, the inclusion of women’s rights after divorce is highly recommended, because it has a rule over such rights, which is the rights of the post-female population of iddah living, of mut’ah and madhiyyah; 2) The positive effect of these regulations is to provide protection for women’s rights after divorce and to give their wives an advantage in post-divorce finance, while the negative effects of the divorce lawsuit that the wife makes are even higher than the husband’s. The effect of women’s rights after the divorce also affects the level of legal compliance, and the effect on the divorce proceedings is that it can make the trial long to the point of proof.
PERAN TUAN GURU DALAM PENYADARAN HUKUM PEMBAYARAN NAFKAH ‘IDDAH PERCERAIAN DI LUAR PENGADILAN Qamar, Abdul Hafiz; Nasir, Moh. Abdun; Supriadi, L.
Al-Usroh Vol. 4 No. 2 (2024): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v4i2.1445

Abstract

This research is motivated by the writer’s anxiety about phenomena which occurs in society related to the fulfillment of nafkah 'iddah obligations after divorce carried out outside the Religious Court, especially through the Tuan Guru's decision in Labuapi District. The objectives of this research were 1) to analyze the distribution of nafkah 'iddah in the divorce outside the court in Labuapi District, 2) to analyze the factors which influenced the law awareness level in providing nafkah 'iddah to the community, 3) to analyze the form and role of Tuan Guru in socializing the fulfillment of nafkah 'iddah obligations to the community. This research was field research, the research method used was qualitative research. Data collection techniques were carried out with observation, interviews and documentation. The results of this research showed that the distribution of nafkah 'iddah in Labuapi District was not carried out properly, it was based on the lack of society’s knowledge, traditions were applied in society, and because of conflicts between husband and wife which caused the divorce. In addition, in this research the writer found 2 active roles of Tuan Guru in the community, namely, 1) as a Ulama' (Islamic religious leader) who provides understanding to the community, 2) as a mediator and consultant for Family Law.
HAKIKAT PERNIKAHAN DALAM PANDANGAN HUKUM ISLAM Suparman, Milda Nurjanah; Isnaini, Fajar; Nasrulloh, Adang Muhamad
Al-Usroh Vol. 4 No. 1 (2024): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v4i1.1679

Abstract

This article is motivated by a phenomenon that often occurs among Indonesian people, namely divorce. The causes that trigger divorce include a married couple lacking knowledge. Only capitalizing on love, not basing the family on religion. Lack of understanding, let alone living the essence, purpose and function of marriage. This is the origin of the marriage building which is currently fragile, barren and easily collapsed. It is easy for married couples to separate. The focus of the study in this article is more on the nature, purpose and function of marriage. Library research as a research method used is descriptive. So that this research is limited only to the activity of examining a collection of readings, both sourced from books, the internet and documents. The results show that the nature of marriage from an Islamic point of view is an act of worship for men and women who are ready so as to maintain dignity and honor. The nature of marriage as mentioned in the Qur'an is to bring peace and love (Arrum: 21). Married life is about mutual help and friendship ('Abasa: 36). The relationship between husband and wife is a relationship of leadership in serving and protecting. The purpose of marriage is to preserve the human species, sakinah mawaddah Warahmah. While the functions of marriage are biological, educational. recreation, affection, religious, socialization protection and economic.

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