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At-Ta'aruf: Jurnal Hukum Keluarga Islam
Published by Universitas Sains Al-Qur'an
ISSN : -     EISSN : 29643112     DOI : https://doi.org/10.59579/ath
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
At-Ta’aruf: Jurnal Hukum Keluarga Islam emphasizes the study of Islamic Family law in Islamic countries in general and specifically in Indonesia by emphasizing the theories of Islamic Family law and customary law and its practices in the Islamic worlds that developed in attendance through publications of articles and book reviews.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 55 Documents
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RELASI HAK DAN KEWAJIBAN SUAMI ISTRI UPAYA MEWUJUDKAN KETAHANAN KELUARGA PADA MASA PANDEMI (Di Desa Bondolharjo Kecamatan Punggelan Kabupaten Banjarnegara) M. SYAIFUL ABIDIN
At-Ta'aruf : Jurnal Hukum Keluarga Islam Vol 1 No 1 (2022): At-Ta'aruf : Jurnal Hukum Keluarga Islam
Publisher : Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59579/ath.v1i1.3018

Abstract

The relationship of husband and wife rights and obligations is a mutually supportive relationship because of the love to continue their domestic life. One of the factors that affect family resilience is related to economic income. In normal times, resilience goes on as usual, but during a pandemic, the income side of the economy undergoes changes that can cause maintaining a family to shift. Families of casual daily workers in Bondolharjo village, Punggelan sub-district, Banjarnegara district during the pandemic are trying to focus on building their family's resilience during the pandemic. With the aim that his family is resilient and able to fight in facing the challenges that occur today. The analysis of the rights and obligations of husband and wife for families of casual daily workers in Bondolharjo village in an effort to realize family resilience during the pandemic has led to an equal direction, sharing work and one party does not govern or adapt to his desires and needs to win on his own. Married couples agree to share work and daily activities, take responsibility for their respective jobs and obligations, and fulfill responsibilities together.
ANALISIS MASLAHA MURSALAH TERHADAP SIBHUL IDDAH STUDI KASUS DI KUA KECAMATAN CANDIROTO KABUPATEN TEMANGGUNG Khoirun Dziya’
At-Ta'aruf : Jurnal Hukum Keluarga Islam Vol 1 No 1 (2022): At-Ta'aruf : Jurnal Hukum Keluarga Islam
Publisher : Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59579/ath.v1i1.3019

Abstract

This study aims to find out Maslahah Mursalah about sibhul iddah or a husband who has just divorced from his wife is prohibited from marrying again before his ex-wife's iddah period is over. The KUA allows remarriage for husbands during the ex-wife's iddah, on condition that they obtain a determination from the Religious Court to remarry during the ex-wife's iddah period. Islamic law only stipulates the iddah for the wife, but there is a “new ijtihad” conducted at the KUA, Candiroto District, Temanggung Regency, which stipulates the iddah for the husband. The method used in this research is to use a qualitative research methodology with a descriptive approach, namely by using research that produces descriptive data in the form of written or spoken words. By choosing this qualitative method, the authors can obtain accurate data. Judging from the nature of the data presentation, descriptive method is a research that does not seek or explain relationships, does not test hypotheses or predictions. In the application of this research, the author uses the maslahah mursalah method to see the extent of the sibhul iddah. From the results of this study the authors can conclude that there must be several things to consider, such as: The principle of forming a happy and eternal family. The principle of the validity of marriage is based on religious law and belief for the party carrying out the marriage, and must be recorded by the authorized officer. The principle of open monogamy. That is, if the husband is not able to do justice to the rights of the wife, if there is more than one wife, then only one wife is enough. The principle of prospective husbands and prospective wives who have matured their bodies and souls can carry out marriages, in order to realize the purpose of marriage in a good and healthy manner, so that they do not think about divorce. The principle complicates the occurrence of divorce. The principle of the balance of rights and obligations between husband and wife, both in the household and in society. The principle of marriage registration. Marriage registrar makes it easier to know people who are married or have a marriage bond
ISTRI BEKERJA DALAM RELASI SEKSUAL (Studi Pemikiran K.H. Husein Muhammad dalam Buku Fiqih Perempuan: Refleksi Kiai atas Tafsir Wacana Agama dan Gender) Fatikhatul Khasanah
At-Ta'aruf : Jurnal Hukum Keluarga Islam Vol 1 No 1 (2022): At-Ta'aruf : Jurnal Hukum Keluarga Islam
Publisher : Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59579/ath.v1i1.3021

Abstract

Actually, the issue of living or working in general is something that has been agreed upon by the scholars besides that it has also been explained explicitly by the texts of the Qur'an and Sunnah. However, when the concept of living or working is faced with a society that is different from society, such as a wife who works outside the home or domestic space. This creates a difference of opinion among the scholars. One of them is the view of wives working in sexual relations which was initiated by contemporary feminist cleric, K.H. Hussein Muhammad. Based on the above background, the writer is interested in researching and retracing the thoughts of K.H. Husein Muhammad about wives working in sexual relations and how the relevance of wives working in sexual relations today. This research is a type of library research, namely by conducting a study of two sources including primary data sources and secondary data sources. The data that the writer uses in this thesis uses qualitative data, while in analyzing this research the writer uses descriptive analytic. Based on the analysis conducted, it can be concluded that: First: the wife works outside the home according to Kiai Husein is very dependent on the considerations of both parties. If the husband is willing his wife to work, the access to sex will be lost. Because issues related to living in sexual relations need to be developed democratic attitudes and the common good. Second: Regarding wives working in sexual relations, it is relevant to today's era, namely prioritizing contextual interpretations and based on equality, benefit, and justice.
PRAKTIK PEMBAGIAN HARTA WARIS SEBELUM MUWARIS MENINGGAL DUNIA DI DUSUN BOGELAN DESA SUKOREJO KECAMATAN MOJOTENGAH FAJAR FITRIYANI
At-Ta'aruf : Jurnal Hukum Keluarga Islam Vol 1 No 1 (2022): At-Ta'aruf : Jurnal Hukum Keluarga Islam
Publisher : Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59579/ath.v1i1.3022

Abstract

Islam regulates all aspects of life, one of which is the issue of inheritance. In Islam, the division of inheritance is held with the aim that the property can be re-managed in order to bring benefits. In Islamic law inheritance is distributed after the muwaris dies, but in practice there is a mention of inheritance in the distribution of assets before the muwaris dies. It should be underlined that this is only a form of parental love for their children. Therefore, the authors conducted a study with the aim of knowing the practice of dividing inheritance before the inheritance died in Bogelan Hamlet, Sukorejo Village, Mojotengah District, Wonosobo Regency by being studied based on Islamic law. The data obtained are through observation, interviews, and documentation. After the data is collected then it is described and concluded in an inductive way. The results showed that most of the people of Bogelan Hamlet, Sukorejo Village, Mojotengah District, Wonosobo Regency did the distribution of inheritance to the heirs before the muwaris died this was done because of the culture in the village. The researcher selected 10 samples and it can be concluded that the practice of inheritance distribution using the principle of sepekol segendhongan is the same as the Islamic principle between men and women is 2:1. According to Islamic law, the practice is categorized as a grant or testament because the muwaris has not died while the inheritance is distributed when the muwaris have died.
TRADISI KAWIN BOYONG PADA PERKAWINAN ADAT DI DUSUN BEDAHAN, PRINGAMBA KECAMATAN PANDANARUM KABUPATEN BANJARNEGARA Ihwan Fahidin; mutho'am muth'oam
At-Ta'aruf : Jurnal Hukum Keluarga Islam Vol 1 No 1 (2022): At-Ta'aruf : Jurnal Hukum Keluarga Islam
Publisher : Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59579/ath.v1i1.3075

Abstract

Boyong marriage is a marriage carried out before the Ijab Qabul, where the groom moves to the bride's house. The procession is carried out at night, some during the day and in the evening, when the groom will move to the bride's house. Usually there will be a discussion between the two parties regarding the Boyong Marriage, after both parties have agreed, the groom will be escorted by his family from the house to the bride's house. The community's customs related to Kawin Boyong, have become an inherent culture since the first, brought by the ancestors to be made a tradition in the community of Bedahan hamlet, Pringamba Village, Pandanarum District, Banjarnegara Regency. There is an assumption that if these customs are not preserved, it will cause bad luck for the local community, because customs are like culture that are very closely held as beliefs and symbols of Java in the Bedahan Village community, Pringamba Village. But on the one hand, when the marriage has not been carried out legally, the groom stays at the bride's house, fears will occur that disobedience can even lead to a relationship that is prohibited by religion. Because the time for marriage is still waiting for the day while they are already living under the same roof. How did the tradition emerge, what is the background behind its emergence? And to what extent is the implementation of boyong marriage and its limitations, so that it becomes a tradition that needs to be preserved in the community.
RELASI PENCEGAHAN STUNTING DAN UPAYA MEWUJUDKAN KELUARGA SAKINAH (Studi Kasus Di Balai Penyuluh Keluarga Berencana (Kb) Kecamatan Mojotengah) Anggun Indriyani; Mutho’am Mutho’am
At-Ta'aruf : Jurnal Hukum Keluarga Islam Vol 1 No 2 (2022): At-Ta'aruf : Jurnal Hukum Keluarga Islam
Publisher : Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59579/ath.v1i2.4015

Abstract

One of the goals of marriage is to create good and quality offspring. In this case, the readiness of the parties is a necessity, including in efforts to prevent the birth of stunting toddlers. The birth of a stunted toddler has a negative impact both on the toddler, such as the child's health condition which is prone to disease, the child's low intelligence and the impact on his family such as the prolonged cycle of poverty. This study itself aims to find out the steps to prevent stunting in Slukatan Village by the Family Planning Extension Center (KB) of the Mojotengah District and its relation to efforts to create a sakinah family. This field research uses qualitative methods. The data obtained is through observation, interviews, and documentation. After the data is collected, it is then described and concluded in an inductive way. The results of this study indicate that the prevention of stunting in Slukatan Village by the Family Planning Counselor Center for Family Planning in the District of Mojotengah is carried out incidentally and is carried out in 3 stages, namely the awareness stage, the skills proficiency stage, the intellectual development stage. Efforts to prevent stunting, such as coaching prospective brides, assisting pregnant women, activities understanding 1000 HPK nutrition and providing complementary foods related to providing halal and thayyib food for children, and implementing a healthy lifestyle are related to creating a sakinah family that idealizes peace and comfort in a family connection.
ANALISIS PEMBATALAN PERKAWINAN KARENA PENIPUAN PERNIKAHAN SAH TANPA WALI MENURUT PERSPEKKTIF HUKUM ISLAM Khusni Alfiyan
At-Ta'aruf : Jurnal Hukum Keluarga Islam Vol 1 No 2 (2022): At-Ta'aruf : Jurnal Hukum Keluarga Islam
Publisher : Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59579/ath.v1i2.4016

Abstract

Marriage is something that cannot be separated from human life because as living beings humans are created in pairs. In Islam, marriage has a meaning as a form of worship to Allah and as a form of following the sunnah of the Prophet. Islamic law has a very important position because it regulates the law regarding marriage, which regulates family procedures which are the goal of living in a society. Marriage law is part of religious teachings that must be obeyed and carried out in accordance with the provisions contained in the Qur'an and hadith. However, in reality there are still many Islamic laws that are violated, one of which is in the case of marriage which causes the marriage to be disabled or damaged, as in the case of the Kendal Religious Court Decision Number 2389/Pdt.G/2020/PA.Kdl. who decides the annulment of the marriage. This study used a qualitative method by collecting data through primary data, namely decisions and interviews with informants, which were then analyzed using Islamic law. The research found that the marriage was invalid because it did not fulfill one of the pillars of marriage, namely without a marriage guardian, so according to Islamic law the marriage could be annulled.
TRADISI PERKAWINAN SANDUNG WATANG PERSPEKTIF HUKUM ISLAM (Studi Kasus di Desa Banjarkulon Kecamatan Banjarmangu Kabupaten Banjarnegara) Tri Setiyo Karimurrouf; Akrom Auladi
At-Ta'aruf : Jurnal Hukum Keluarga Islam Vol 1 No 2 (2022): At-Ta'aruf : Jurnal Hukum Keluarga Islam
Publisher : Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59579/ath.v1i2.4017

Abstract

Sandung watang consists of the word "sandung" which means stumbling and "watang" which means an obstacle. A sandung watang marriage is a marriage that is caused by an obstacle, namely the death of the parents of the prospective bride and groom between the time of the khitbah/application until the day of implementation which was agreed upon during the khitbah. In practice, a sandung watang marriage is a marriage that is carried out in front of the corpse of one of the prospective bride's parents who died before the agreed time during the khitbah/application to carry out the marriage. People affected by the sandung watang tradition are required to choose between getting married directly in front of their parents' corpses or getting married but have to wait a year after the death of their parents. So if the first choice is not implemented, it means that you are required to wait a year after the death of your parents. To make the first choice means having to postpone the funeral procession of his parents until the marriage contract is over. People who do not comply with these rules, the people of Banjarkulon Village, Banjarmangu District, Banjarnegara Regency believe that there will be calamities/disasters in the future with their household affairs. This research is a field research (field reasearch). To make it easier to find research data, the authors use the method of observation, interviews and documentation. So with this method, this research is expected to have accurate data. This research is a type of qualitative research which uses the urf approach as the analytical knife. The results of this study state that the implementation of watang watang marriages is not in harmony with fiqh qaidah and is included in the „urf fasid category because the watang watang wedding tradition is contrary to QS. An Nissa : 19, An Nissa : 59, An Nuur : 33, Al Baqarah : 233.
SISTEM PEMBAGIAN HARTA WARIS 2:1 ANTARA ANAK LAKI-LAKI DAN ANAK PEREMPUAN (Studi Komperatif Pemikiran Muhammad Syahrur dan M. Quraish Shihab) Tri Atik Muthmainnah; Lutfan Muntaqo
At-Ta'aruf : Jurnal Hukum Keluarga Islam Vol 1 No 2 (2022): At-Ta'aruf : Jurnal Hukum Keluarga Islam
Publisher : Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59579/ath.v1i2.4018

Abstract

Islamic inheritance law has been regulated very detailed and systematic. Islamic inheritance law regulates who gives the inheritance and the recipient of the inheritance, and what is inherited by the heir and the parts of each heir in detail. The legal principle in Islamic inheritance does not look at the differences between men. All heirs, both male and female, have the same rights, even though the portion of the rights is different. Because what is emphasized in Islamic inheritance law is balanced justice, not equal justice. This principle often triggers polemics and cannot be separated from criticism, due to discrimination in the division of inheritance between men and women. And what often gets special attention is the division of inheritance 2:1 between sons and daughters. Until finally Muhammad Syahrur and M. Quraish Shihab offered a gender-equitable inheritance law product. This research is a type of library research, namely by conducting a study of two sources including primary data sources and secondary data sources. The data that the writer uses in this thesis uses qualitative data, while in analyzing this research the writer uses descriptive analytic. Based on the analysis carried out, it was concluded that: The distribution of inheritance 2: 1 according to Syahrur and Quraish emphasizes that the share of women is the benchmark for the share of sons. According to Syahrur, the male share is the maximum limit and the female share is the minimum limit in inheritance law, and this share can change according to the surrounding objective conditions. Meanwhile, according to Quraish, the distribution of inheritance in 2: 1 is God's decree that has been adapted to the nature, functions and duties assigned to men and women. The division of the inheritance can change according to the will and agreement of all parties to the heirs, provided that the change in the distribution is not due to Allah's decree which is unfair.
KETAHANAN KELUARGA DI MASA PANDEMI COVID-19 MASYARAKAT DESA CISUMUR PRESPEKTIF SAKINAH Annida fathiyah fauzan
At-Ta'aruf : Jurnal Hukum Keluarga Islam Vol 1 No 2 (2022): At-Ta'aruf : Jurnal Hukum Keluarga Islam
Publisher : Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59579/ath.v1i2.4019

Abstract

The Covid 19 pandemic is a pandemic disaster that has hit the whole world, especially in Indonesia, the government's policy is to carry out social distancing and carry out partial regional quarantine to reduce restrictions on outside activities and minimize the transmission rate of the corona virus. This makes the situation in almost all aspects of life experience something new, especially in changes in food supply chain patterns so that the impact of the pandemic has also caused the country's economy to experience a very significant contraction, many formal sector workers have been affected by layoffs (PHK), entrepreneurs, companies , including many street vendors who have gone out of business. As happened in the Cisumur Gandrungmangu area, there are some women who work to help their husbands to maintain their families so that time with family and communication between families is also reduced. Therefore the author is interested in further researching how the condition of the Cisumur village community was during the pandemic and what efforts were made by the community to maintain family resilience. To examine the situation further, the researcher conducted direct interviews with the Cisumur village community to find out the condition of the village community. In conditions like this, it certainly greatly affects the situation of the family, especially at the economic level, so that there are many divorce cases of domestic violence. One important effort is to strengthen family resilience. Because if the husband and wife cannot strengthen family resilience, problems will arise in the household that will become increasingly worse. The following is the definition of sakinah mawaddah warahmah as provision in the family.

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