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MASADIR: Jurnal Hukum Islam
Published by Universitas Kiai Abdullah Faqih Gresik
ISSN : 2775992X     EISSN : 27760103     DOI : https://doi.org/10.33754/masadir.v4i01
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
MASADIR: Jurnal Hukum Islam is a double-blind peer-reviewed journal published by The Faculty Of Sharia Universitas Kiai Abdullah Faqih (UNKAFA) Gresik, Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 52 Documents
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Pernikahan Dibawah Tangan Dalam Tinjauan Maqasid al-Syariah dan Utilitarianisme Erni Juniyati; Miftakur Rohman
MASADIR: Jurnal Hukum Islam Vol. 3 No. 02 (2023): Oktober 2023
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v3i02.921

Abstract

Private marriages are marriages carried out by Muslims who fulfill the pillars and requirements of marriage, but are not registered with the Marriage Registrar as regulated in Law no. 1 of 1974 concerning Marriage. This marriage is actually valid if it meets the marriage requirements according to Islamic law. It's just that formally, juridically, it doesn't meet the requirements of the provisions regulated in Law no. 1 of 1974 and its implementing regulations, namely that it is not registered with the Marriage Registrar's Office. So the impact that arises from this underhanded marriage is that the wife is not entitled to alimony, inheritance, shared assets. Apart from that, the status of the child born is considered an illegitimate child. As a consequence, the child only has a civil relationship with the mother and the mother's family. This research is a type of normative research. The nature of the research is descriptive qualitative, namely describing underhanded marriages based on Maq??id Al-Shar?'ah and Utilitarianism. The research results show that marriage under the hand is not in accordance with Maq??id Al-Shar?'ah because it is contrary to the benefit of human al-?ar?r?yah, namely religion, soul, reason, lineage and property. This marriage is also incompatible with Utilitarianism because it is not in accordance with the principle of happiness.
Tinjauan Yuridis Terhadap Akibat Tidak Melaksanakan Putusan Pengadilan Agama Terkait Pemberian Nafkah Pasca Cerai: Analisis Putusan Perkara No. 2569/Pdt.G/2022/PA.Gs Fauziyah Rohmawati
MASADIR: Jurnal Hukum Islam Vol. 3 No. 02 (2023): Oktober 2023
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v3i02.922

Abstract

This research was motivated by the fact that quite a few parents neglected their responsibilities and obligations to their children after divorce, to the point that their children became neglected. This study will examine the court decision regarding post-divorce maintenance in case no. 2569/Pdt.G/2022/PA.Gs, a judicial review of the consequences of not implementing the court decision regarding post-divorce maintenance in case no. 2569/Pdt.G/2022/PA.Gs. as well as legal measures that can be taken by the wife and children in case No. 2569/Pdt.G/2022/PA.Gs. The methodology used in writing this scientific work is library research. The type of research is normative using a case approach. The research results show that Decision No. 2569/Pdt.G/2022/PA. Gs The implementation of the contents of the decision was not carried out properly. The consequences for not paying child support include child neglect (articles 76 and 77 of Law No. 35 of 2014) which carries a maximum penalty of imprisonment for 5 (five) years and/or a maximum fine of IDR 100,000,000. 00 (one hundred million rupiah). So the legal action that can be taken by the ex-wife is to submit a forced effort to the court against the ex-husband to provide maintenance, which is called a request for execution of the decision. The legal instrument used in the decision is Article 195-197 HIR, providing legitimacy to parties who feel their rights in the household have been violated to demand justice
Penyelesaian Kumulasi Perkara Isbat Nikah dan Cerai Talak dalam Putusan Nomor 0307/Pdt.G/2018/PA.Sby Alfiyah Faizatul Arif
MASADIR: Jurnal Hukum Islam Vol. 4 No. 01 (2024): APRIL 2024
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v4i01.923

Abstract

In the practice of proceedings in the Religious Courts, judges generally immediately apply Article 7 Paragraphs (2) and (3) of the Compilation of Islamic Law (KHI) without testing the strength of its enforceability before the law. Thus, even though these provisions are difficult to understand, the majority of Religious Court judges, with their interpretation, understand the provisions in Paragraph (3) letter a, as if it is mandatory to accept the application for itsbat marriage if it is submitted in combination with the application for talak divorce, even though the marriage was carried out after its entry into force. Law no. 1 of 1974. The consideration of the marriage isbat law itself is still a matter of polemic. Bearing in mind that the position of KHI which is the basic reference for legal considerations by judges is not included in the statutory hierarchy. This happened in the divorce divorce case Decision Number 0307/Pdt.G/2018/PA.Sbg. Several issues can be raised that become a polemic regarding the marriage isbat law, namely how the essence of the marriage isbat law is related to the essence of the marriage isbat law in the marriage legal system in Indonesia. Then what is the legal position of marriage isbat in the Religious Courts which was implemented after Law Number 1 of 1974. The provisions for marriage isbat in Indonesia only came into existence after the birth of Law Number 1 of 1974 concerning Marriage. In addition, the law has given legitimacy to judges to further explore the values ??and sense of justice in society.
Pandangan Ibnu Qudamah Tentang Nafkah Istri Qobla Dukhul Abdul Halim
MASADIR: Jurnal Hukum Islam Vol. 4 No. 01 (2024): APRIL 2024
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v4i01.927

Abstract

The Fuqoha' stipulate that there are three reasons that make a person obliged to provide support to other people, namely because of marriage, kinship and ownership. A legal marriage gives rise to consequences in the form of the husband's obligation to provide a living for his wife, whether the wife is rich or poor, because what underlies the existence of a living is the marriage contract or the marriage itself. However, when does a husband begin to pay a living, it is mandatory for a husband to give his wife, Qabla Dukhul or Ba'da Dukhul. The focus of the study is the view of Ibn Qudamah, who has a different view from most of the Hanabilah ulama' regarding providing maintenance for wives of Qobla Dukhul and what legal Istinbat he uses regarding providing maintenance for wives of Qobla Dukhul. The method used is Library Research, while the data used is e-documentary literature so as to get a clear picture of Ibn Qudamah's views regarding the livelihood of Qobla Dukhul's wife. The conclusion is that in Ibn Qudamah's view, a husband does not have to give qobla dukhul income because the wife has not completely surrendered it to her husband to have sex with him and have fun with him, namely Tamkin tam. The legal istinbat is based on qiyas, namely making qiyas with a young wife and is based on the Hadith of the Prophet narrated by Imam Bukhari regarding the marriage of the Prophet Saw with Sayyidah Aisyah Ummil Mu'minin, where at that time Sayyidah Aisyah was still 6 years old.
Keabsahan Pemakaian Yurisprudensi Dalam Perkara Perkawinan Beda Agama Pada Putusan Hakim Nomor 916/PDT.P/2022 PN. Surabaya Achmad Fathoni; Miftahul Ulum
MASADIR: Jurnal Hukum Islam Vol. 4 No. 01 (2024): APRIL 2024
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v4i01.1265

Abstract

Interfaith Marriage is a classic issue in Indonesian law. There are always pros and cons in society, particularly in cases where Muslims marry individuals of different religions. A recent case involves an interfaith marriage approved by the Surabaya District Court with decision number 916/Pdt.P/2022. In the history of resolving interfaith marriages, judges often refer to the jurisprudence of the Supreme Court Decision No. 1400K/PDT/1986, which allows civil registry offices to record interfaith marriages. This article aims to understand the rules for using jurisprudence in judges' decision-making and to analyze the validity of using jurisprudence in the interfaith marriage case of Surabaya District Court number 916/Pdt.P/2022. This study is a literature review with a qualitative method and a normative-juridical analysis approach. The conclusion of this study is that judges are generally allowed and authorized to use jurisprudence in their decisions as long as it complies with applicable regulations, in this case, the existence of a legal vacuum regarding interfaith marriages. To mitigate the pros and cons in society and provide legal certainty, it is necessary to establish clear regulations concerning the legal status of interfaith marriages.
Iddah Sebagai Instrumen Perlindungan Perempuan Dalam Hukum Islam Miftakur Rohman; Yuliana
MASADIR: Jurnal Hukum Islam Vol. 4 No. 01 (2024): APRIL 2024
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v4i01.1272

Abstract

This research examines the concept of iddah in Islamic law, focusing on its provisions, criteria, and impact on the rights and welfare of Muslim women. Iddah is a waiting period that a woman must undergo after divorce or the death of her husband, which aims to ensure the certainty of lineage and allow time for emotional healing and social adjustment. This study analyzes the various provisions of iddah, such as the duration and conditions that must be met, as well as the criteria that affect the iddah period, such as age, state of pregnancy, and previous marital status. The impact of iddah on women's rights, including the right to maintenance during iddah (nafkah iddah) and the right to mut'ah, is also discussed in depth. The research also explores the psychological and social well-being of Muslim women during the iddah period, as well as the legal and social implications of its provisions in the modern context. Based on an analysis of classical Islamic law and contemporary practices in various countries, the study concludes that while iddah aims to protect women's rights, its implementation often presents challenges, particularly in relation to women's financial and emotional well-being. Therefore, legal reforms that take into account the current social context and women's needs are needed to ensure that iddah provisions can be applied fairly and provide maximum protection for Muslim women
Nusyuz dalam Hukum Islam: Aspek Hukum dan Dampaknya Pada Hubungan Suami-Istri Oming Ratna Wijaya; Chadziqatun Nafi'ah
MASADIR: Jurnal Hukum Islam Vol. 4 No. 01 (2024): APRIL 2024
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v4i01.1273

Abstract

This study analyzes the concept of nusyuz in Islamic law, focusing on the legal aspects, rights, and obligations as well as its impact on husband-wife relationships in Muslim societies. Nusyuz, which refers to the defiance of one of the parties in a marriage - either the husband or the wife - has significant implications for marital dynamics. This research discusses the Islamic legal provisions governing nusyuz, including its definition, causes, as well as the conflict resolution procedures stipulated by sharia. In addition, it explores the rights and obligations of husbands and wives in situations of nusyuz, as well as the impact this has on their relationship, both legally and emotionally. Based on a literature review and analysis of Islamic jurisprudence, this study found that Islamic law provides clear guidelines in dealing with nusyuz cases, with the aim of maintaining a balance of rights and obligations between husband and wife, as well as minimizing the negative impact on household harmony. However, in its application, there are various challenges, especially related to the interpretation and enforcement of the law which may differ in various Muslim societies. This research suggests a more adaptive and contextual approach in addressing nusyuz, to ensure that solutions are taken in accordance with the principles of justice and family welfare. Thus, it is hoped that this research can contribute to a deeper understanding of nusyuz and its implications in Islamic marital law.
Pemenuhan Nafkah Iddah dalam Perundangan Islam: Hak Perempuan Pasca Perceraian Laili Hidayatul Maghfiroh; Nur Faizah
MASADIR: Jurnal Hukum Islam Vol. 4 No. 01 (2024): APRIL 2024
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v4i01.1275

Abstract

This study reveals several important aspects related to iddah maintenance for women in Mojopuro Wetan Village. First of all, it is seen that the understanding and practice of iddah maintenance are influenced by strong cultural factors in the community. Patriarchal culture and existing social norms often limit women's access to their iddah maintenance, both in terms of economy and decision-making.In addition, the role of religion in the concept of iddah maintenance is also very important. However, the fact that occurs in society is that ex-husbands do not provide maintenance for their children and ex-wives.In addition, economic and educational factors also play a major role in the understanding and implementation of iddah maintenance. Even though they are educated and have demanded their children's maintenance rights but are not given, they finally decide to work to meet the needs of their children
Penerapan Pembiayaan Perbankan Syariah dalam Pembangunan Industri Makanan Halal di Indonesia. Muhamad shaiful umam
MASADIR: Jurnal Hukum Islam Vol. 4 No. 01 (2024): APRIL 2024
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v4i01.1277

Abstract

This study examines the implementation of sharia banking financing in the development of the halal food industry in Indonesia. As the country with the largest Muslim population in the world, Indonesia holds significant potential for the growth of the halal food industry. Bank Syariah Indonesia (BSI) plays a crucial role in this sector by providing sharia-compliant financing that is free from interest (riba), gambling (gharar), and uncertainty (maysir). This financing not only supports halal food entrepreneurs in expanding their businesses but also ensures that all production processes adhere to halal integrity principles. Additionally, BSI contributes to the development of human resources through training programs that enhance industry capacity. The study finds that with the support of sharia financing and human resource development, BSI significantly contributes to improving the quality and quantity of halal food production, supporting the sector’s growth, and strengthening Indonesia’s position as a global hub for the halal food industry.
Analisis Hukum Acara Peradilan Agama terhadap Putusan Pengadilan Agama dengan No Register 1/PDT.G.S/2023/PA.LMG Abd Hafid; Faizatul Arif, Alfiyah
MASADIR: Jurnal Hukum Islam Vol. 4 No. 02 (2024): Oktober 2024
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v4i02.1290

Abstract

Starting from a lawsuit filed by the Debtor against the banking and financing institution PT. Pemodalan Nasional Madani (PNM) Lamongan branch to the Lamongan Religious Court regarding alleged violations of unlawful acts, namely the auction of a plot of house used as collateral at PT. PNM. The reason for filing a lawsuit with the Lamongan Religious Court is because the agreement agreed upon by the parties is a Mudharabah contract. In the trial process at the Lamongan Religious Court with registration No. 1/G.S/2023/PA.Lmg. by issuing a verdict before the parties, the Plaintiff and the defendant were given the opportunity to make answers, namely the reading of the lawsuit, the submission of duplicate replica answers from the defendant. However, after the submission of the mediation results failed, then the court gave a ruling with a dictum that the plaintiff's lawsuit was unacceptable because it was considered that the plaintiff's lawsuit was obscure lible. From this description, the researcher is interested in studying the decisions of religious courts and the review of procedural law in religious courts.

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