cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Afrohatul Laili
Contact Email
afrohatullaili29@gmail.com
Phone
+6285732492678
Journal Mail Official
afrohatullaili29@unu.ac.id
Editorial Address
Alamat Lembaga Penelitian dan Pengabdian Masyarakat (LPPM) Universitas Nahdlatul Ulama (UNU) Blitar adalah di Jalan Masjid 22, Blitar, Jawa Timur
Location
Kab. blitar,
Jawa timur
INDONESIA
Jurnal Fakta: Forum Aktual Ahwal Al-Syakhsiyah
Published by Universitas Nahdlatul Ulama Blitar
ISSN : 3025759X     EISSN : 3025759X     DOI : https://doi.org/10.28926/fakta.v2i2
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Fokus Utama Jurnal: Aktualitas: Jurnal ini menyajikan kajian-kajian yang relevan dengan perkembangan hukum keluarga Islam terkini, baik di tingkat nasional maupun internasional. Multiperspektif: Artikel-artikel yang dimuat mencakup berbagai sudut pandang, mulai dari kajian hukum normatif, sosio-legal, hingga kajian-kajian empiris. Interdisipliner: Jurnal ini terbuka bagi kajian-kajian yang menggabungkan perspektif hukum Islam dengan disiplin ilmu lainnya, seperti sosiologi, psikologi, dan ekonomi. Topik bisa Sering Dibahas: Perkawinan dan Perceraian Kedudukan Perempuan dalam Hukum Keluarga Hak Asuh Anak Waris dan Hibah Hukum Keluarga dan Konteks Modern
Arjuna Subject : Ilmu Sosial - Hukum
Articles 28 Documents
 1   2   3 
Hukum mediasi dalam perspektif islam kontemporer husen, mohamad nur; wafie, slamet
Fakta: Forum Aktual Ahwal Al-Syakhsiyah Vol 3 No 1 (2025): Vol. 3, No. 1, Februari 2025
Publisher : LPPM UNU BLITAR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/fakta.v3i1.1693

Abstract

Mediation is an effective alternative to dispute resolution with a win-win solution approach. However, Supreme Court Regulation (Perma) No. 1 of 2008 limits the scope of mediation to civil disputes only. In this context, Islamic law offers a more comprehensive concept of Sulh, which covers both criminal and civil cases. The concept of Islah in Islamic law emphasizes peace, justice and peaceful resolution of disputes. Therefore, it is necessary to conduct an analysis to expand the scope of mediation based on the principles of Islamic law. This can enrich Indonesia's legal repertoire and increase the effectiveness of dispute resolution, as well as strengthen the role of the state as a mediator. Mediation is one of the alternative ways to resolve disputes. Islamic law is an inseparable part of the legal building in Indonesia, so it is possible that the treasures in Islamic law become input for Indonesian law, including mediation. In Islam, mediation known as Sulh covers a wider scope than the scope of mediation in Perma No. 1 of 2008. This paper will describe the opportunities to expand the scope of mediation in Perma No. 1 of 2008 based on the perspective of Islamic Law, one of which is mediation in criminal cases. The State is not only present as a punisher, but more broadly the State is present as a mediator in criminal cases (public). Mediation in the context of contemporary Islamic law is an alternative dispute resolution method that prioritizes the principles of peace and justice. In the Indonesian judicial system, especially in the Religious Courts, mediation is regulated by Supreme Court Regulation (PERMA) No. 1 of 2008, which requires every civil case to be resolved through mediation before proceeding to the litigation process. The concept of alternative dispute resolution in Islamic law is carried out with the Islah approach with various forms, such as wilayat al-mazalim, al hisbah, and takhim. The State is not only present as a punisher, but more broadly the State is present as a mediator in criminal cases (public).
Pesona Mahar Unik: Studi Pemberian Mahar Saat Akad Nikah Di Kabupaten Merauke Susanti, Ana; Faisal, Faisal; Yamin, Ade
Fakta: Forum Aktual Ahwal Al-Syakhsiyah Vol 3 No 2 (2025): Vol 3 No 2, Agustus 2025
Publisher : LPPM UNU BLITAR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/fakta.v3i2.1823

Abstract

This research is motivated by the emergence of unique dowry giving by several couples in Merauke Regency during the Marriage Agreement. Therefore, the purpose of this study is to see what unique dowry is like and the factors that affect it. And then the practice of giving this unique dowry will be analyzed using Islamic legal theory in order to get legal findings in the practice of giving this unique dowry. This research was carried out with a field study through an empirical approach where data was obtained using interviews, observations and documentation. The findings show that the giving of a unique dowry in Merauke Regency during the marriage ceremony is the amount of money given by the groom to be to the bride. Where the amount of dowry money given is adjusted to the date of birth of the bride and the date of marriage of the two brides. Furthermore, the second finding is that the factors behind the giving of the unique dowry are the trend of modernization and the influence of information technology so that the bride and groom in Merauke Regency follow the trend style and information of the dowry. Then there is also a factor of pride with the giving of the unique dowry of the two married couples. By looking at the form of dowry that is uniquely applied and the factors that make the unique dowry carried out, this practice according to Islamic law is not contrary and allowed.
Studi Komparatif Nikah Siri Dalam Perspektif Hukum Islam Dan Hukum Positif Di Indonesia Noviana, Titik; Slamet, Slamet; Viviyanti Johar, Intan; Sayidatu Zahrok, Firlia; nida, khairun
Fakta: Forum Aktual Ahwal Al-Syakhsiyah Vol 3 No 1 (2025): Vol. 3, No. 1, Februari 2025
Publisher : LPPM UNU BLITAR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/fakta.v3i1.2076

Abstract

if it meets the pillars and requirements of marriage, but is not recognized legally by the state because it is not formally registered. This creates serious issues in legal protection for women and children, and creates inequalities in family rights. This study aims to comparatively analyze how Islamic law and positive law in Indonesia view the practice of siri marriage, as well as to examine its social and legal implications in society. This research uses a library research method with a descriptive-comparative approach and a normative legal analysis of relevant literature and regulations. Research findings indicate that Islamic law emphasizes the validity of marriage according to Shari'ah through the fulfillment of the pillars and conditions of marriage, while Indonesian positive law requires the registration of marriage to ensure legal strength and protection of civil rights. The practice of unregistered marriage often disadvantages women in terms of maintenance rights, divorce, and inheritance, and impacts children regarding legal status and identity registration. In conclusion, there is a need for synergy between religious law and state law to provide comprehensive legal protection. Marriage registration should be understood as both a mandate of Shari'ah and a constitutional obligation to achieve justice and the welfare of the family.
Epistemologi Harald Motzki dalam Kritik Hadis dan Relevansinya bagi Kajian Hukum Perkawinan Islam Azizah, Aisyatul; Komarudin, Moh.; Aqilah, Farah
Fakta: Forum Aktual Ahwal Al-Syakhsiyah Vol 3 No 2 (2025): Vol 3 No 2, Agustus 2025
Publisher : LPPM UNU BLITAR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/fakta.v3i2.2145

Abstract

Hadith is the second primary source of Islamic law after the Qur'an and plays a vital role in shaping legal norms, including in matters of marriage law. However, certain hadiths used as legal foundations—particularly those concerning the age of marriage remain contested in terms of their validity and contextual relevance. In this regard, Harald Motzki’s methodological contributions are significant, especially through his isnād-cum-matn analysis and dating theory, which allow for a historical and textual tracing of hadith transmissions. This study employs a qualitative approach using library research to examine Motzki’s epistemology and its relevance to reinterpreting hadiths often used to justify child marriage practices. The findings suggest that Motzki’s approach reveals the dynamic nature of hadith transmission and opens the door for more contextual and just reinterpretations of Islamic law. Thus, Motzki’s epistemology is not only essential in the academic study of hadith but also strategically valuable in supporting the reconstruction of Islamic marriage law that aligns with child protection and the principles of maqāṣid al-sharī‘ah.
Efektivitas Proses Mediasi Perkara Waris Di Pengadilan Agama Blitar (Studi Kasus Nomor Perkara 1106/Pdt.G/2024/PA.BL) AZIZAH, PUTRI NAYLA FADLILATUL; wafie, slamet
Fakta: Forum Aktual Ahwal Al-Syakhsiyah Vol 3 No 2 (2025): Vol 3 No 2, Agustus 2025
Publisher : LPPM UNU BLITAR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/fakta.v3i2.1681

Abstract

Mediation is a dispute resolution process in which the parties involved try to reach an agreement with the help of a neutral and impartial mediator. This research discusses the effectiveness of the mediation process in inheritance cases at the Blitar Religious Court. This research aims to assess the extent to which mediation can function as an alternative dispute resolution, especially civil inheritance cases. This research uses qualitative methods and data collection uses observation, interviews and documentation or library research. The research results show that the mediation process at the Blitar Religious Court was able to resolve the settlement effectively and reach an agreement between the parties. However, this research also revealed several obstacles, such as resistance from certain parties and many parties who do not fully understand the benefits and mechanisms of mediation. They may consider litigation as the only way to resolve disputes, so they tend to be reluctant to try alternative approaches such as mediation. Overall, this research emphasizes the importance of mediation as an effective method of resolving legal conflicts, as well as transforming the capacity of mediators and increasing public awareness of the benefits. mediation in resolving disputes, especially civil cases. And in this case study, mediation was successfully carried out by reconciling the inheritance case with case number 1106/Pdt.G/2024/PA.BL
Kontroversi dan Dinamika Penentuan Wali Nikah: Kajian Sosiologis dan Yuridis Alfaruq, Moh. Salman; komarudin, moh
Fakta: Forum Aktual Ahwal Al-Syakhsiyah Vol 3 No 1 (2025): Vol. 3, No. 1, Februari 2025
Publisher : LPPM UNU BLITAR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/fakta.v3i1.1732

Abstract

Marriage guardian is one of the pillars of marriage that influences the validity of the marriage. However, in practice, there is often a mismatch between the guardian who should be and the guardian who is present, which can result in legal and social problems. This study aims to identify the reasons why people refer marriage guardians to the penghulu and analyze their impact on Islamic family law. Through a juridical-sociological approach, this study uses a descriptive analytical method with data collection through interviews and observations. The results of the study show that people tend to ignore the position of the lineage guardian that has been regulated in Islamic law, turning to the penghulu as the marriage guardian. This phenomenon creates the impression that the lineage guardian is no longer considered sacred, thus affecting religious values in marriage. From a legal perspective, the determination of an inappropriate marriage guardian can have legal consequences, including the status of children from the marriage. This study recommends the need for socialization regarding the importance of understanding the position of the guardian in marriage and the urgency to return to the provisions of fiqh that have been set to maintain the validity and sanctity of marriage.
Poligami Sebagai Solusi Perselingkuhan Wafie, Slamet Ahmad; Qosiimah, Fenti Zya Ain Salwa; Nabila, Vania Rahma
Fakta: Forum Aktual Ahwal Al-Syakhsiyah Vol 3 No 1 (2025): Vol. 3, No. 1, Februari 2025
Publisher : LPPM UNU BLITAR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/fakta.v3i1.1741

Abstract

Polygamy as a solution to infidelity has become a topic of interest in the social and legal context in Indonesia. In this study, the author highlights the rampant infidelity that occurs due to free social patterns, which shows the urgency of polygamy as an alternative to building a legitimate relationship. In Indonesia, polygamy is legally regulated in the 1974 Law on Marriage and the Compilation of Islamic Law (KHI), which provides the basis for this practice, especially in situations where the wife cannot carry out her obligations. Islam allows polygamy in certain circumstances on condition that it is fair. Although there is much controversy about polygamy, the author argues that polygamy has many benefits that need to be understood by society. However, the minimal and negative understanding of polygamy among Indonesian society often makes people prefer to have affairs rather than consider polygamy as a solution. This study uses a library method to examine the wisdom of tasyri'iyah from polygamy as a solution to infidelity in the modern era. By providing education about the values of benefits in polygamy, it is hoped that it can reduce the number of infidelity and improve the quality of relationships in the household and society as a whole.
Ketika Tafsir Menjadi Alat Kekuasaan: Studi Atas Ayat- Ayat Politik mohammad, komarudin; ahmad, kafiy; alfaruq, salman; khoir, atfhan
Fakta: Forum Aktual Ahwal Al-Syakhsiyah Vol 3 No 1 (2025): Vol. 3, No. 1, Februari 2025
Publisher : LPPM UNU BLITAR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/fakta.v3i1.2114

Abstract

This research examines the phenomenon of Quranic interpretation, positioned as a tool of power in the political realm, particularly through the interpretation of political verses. Interpretation, which should be a means of spiritual and moral understanding, has historically often become an instrument of legitimacy for certain regimes or groups. The research uses qualitative methods with a library research approach, examining various works on Quranic interpretation and related literature on the relationship between interpretation and politics, both in classical and contemporary periods, focusing on the case of Indonesia. The results show that Quranic interpretation is often used by those in power to strengthen policy legitimacy, reinforce ideological narratives, and even restrict divergent religious expressions. Interpretation becomes a field for contestation of meaning between diverse political and religious groups, making it vulnerable to bias and potentially leading to social polarization. This study highlights the strong influence of power on the construction of meaning in interpretation, making religious interpretation vulnerable to monopolization and misuse for the pragmatic interests of those in power. This study also emphasizes the need to develop critical, inclusive interpretations free from the intervention of those in power, so that interpretation maintains its function as a moral and ethical enlightener, rather than simply a tool for political propaganda. This research is expected to foster critical awareness in understanding the interpretation and contextualization of political verses, for the sake of a more just and democratic harmony in religious and national life.

Page 3 of 3 | Total Record : 28

 1   2   3 

Filter by Year

2023 2025


Reset
Filter By Issues
All Issue Vol 3 No 2 (2025): Vol 3 No 2, Agustus 2025 Vol 3 No 1 (2025): Vol. 3, No. 1, Februari 2025 Vol 2 No 2 (2024): Vol. 2, No. 2, Agustus 2024 Vol 2 No 1 (2024): Vol. 2, No. 1, Februari 2024 Vol 1 No 2 (2023): Vol. 1, No. 2, Agustus 2023 Vol 1 No 1 (2023): No. 1, Vol. 1, Februari 2023