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Legitima : Jurnal Hukum Keluarga Islam
Published by Universitas Islam Tribakti Lirboyo Kediri
ISSN : 26554909     EISSN : 2656565X     DOI : https://doi.org/10.33367/legitima.v7i1
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Focus Legitima: Jurnal Hukum Keluarga Islam presents scholarly works that focus on contemporary issues of Islamic family law in Indonesia and Muslim countries from various perspectives, including theoretical and practical studies. Scope Legitima: Jurnal Hukum Keluarga Islam accepts writings from scholars on theories, concepts, philosophies, and community practices, including: - Marriage - Divorce - Property in marriage - Child rearing - Family rights and obligations - Inheritance and Wills (washiah) - Gender Studies
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 98 Documents
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Perlindungan Anak dari Kekerasan Ekonomi melalui Asuransi: Analisis Peran Otoritas Jasa Keuangan dalam Meningkatkan Jaminan Hak Anak Anisatul Latifah; Arif Sugitanata; Siti Khamidatus Sholikhah
Legitima : Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2023): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v5i2.4000

Abstract

Purpose – This research aims to elucidate in detail how insurance can serve as a vital instrument in ensuring the rights of children and shielding them from the detrimental impacts of economic violence. Methods – The research methodology employed is a thorough literature review encompassing primary data sources from pertinent books, journals, and legal texts related to the research topic. Subsequently, the acquired data is subjected to descriptive-analytical analysis to unveil the underlying objectives of the research. Findings – The results indicate that the security provided by insurance contracts is instrumental in safeguarding the rights of children, particularly in situations where parental figures have passed away or retired from employment. While the fulfillment of children's rights may not have reached an optimal level, their financial needs can be met to a reasonable extent, thanks to the role played by insurance. Additionally, this research underscores the crucial role played by the Financial Services Authority (OJK) in upholding justice and ensuring effective protection for children who are vulnerable in the context of economic violence. The OJK is tasked not only with receiving complaints but also with resolving disputes related to insurance businesses and facilitating the settlement of insurance claim disputes in accordance with the agreements reached by the involved parties. Research implications – The theoretical implication of this research lies in its contribution to broadening our comprehension of the role of insurance in the realm of child protection. Moreover, its originality is underscored by the integration of distributive justice principles and contract theory, enriching our understanding of this dynamic interplay within the context of child protection mechanisms. Originality/value – In conclusion, this research underscores the significance of collaborative efforts among governmental bodies, financial institutions, and communities in enhancing the safeguarding of children from economic violence, utilizing insurance as a potent tool for protection.
Dampak Psikologis Korban Inses: Analisis Terhadap Kualitas Hidup dan Fungsi Sosial dalam Pendekatan Empiris Normatif Hawa Hidayatul Hikmiyah; Ahmad Riski Musthofa; Amal Zainun Naim
Legitima : Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2023): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v5i2.4080

Abstract

Purpose – This study aims to analyze the ways in which psychological impacts can affect the quality of life and social functioning of incest victims, both in the short and long term, through the adoption of a normative empirical approach. Methods – The research methodology employed in this empirical-normative approach entails a systematic and comprehensive process aimed at delving into the multifaceted psychological repercussions experienced by incest victims. The empirical-normative approach, characterized by a meticulous examination of community cases juxtaposed with pertinent legal frameworks, elucidates the profound psychological ramifications endured by victims. Initiating this methodology involves meticulously selecting a diverse array of representative case studies from a community. This selection process may entail collaborative efforts with various stakeholders such as child protection agencies, mental health services, or non-governmental organizations specializing in aiding incest victims, thereby ensuring the identification of pertinent cases. The overarching goal is to gain profound insights into the intricacies of victims’ experiences and the profound psychological impacts they have undergone. Findings – Research findings indicate that individuals subjected to incest commonly endure protracted trauma, precipitating a spectrum of symptoms, encompassing withdrawal, overwhelming guilt, diminished self-worth, impaired socialization, and pervasive social detachment. Furthermore, victims may manifest additional symptoms including mood fluctuations, withdrawal tendencies, heightened stress, profound depression, and challenges in interpersonal communication. Socially, incest survivors frequently confront pervasive stigma and discrimination within the familial and societal spheres, undermining the fundamental constructs of familial bonds and child welfare. Research implications – The theoretical implications derived from these findings underscore the importance of comprehensive and well-coordinated interventions. Such interventions should encompass psychological support, educational initiatives, and robust child-protection measures. Additionally, preventive endeavors targeting heightened public awareness regarding incest and extending support to victims are pivotal in effectively addressing profound psychological repercussions. Originality/value – This research significantly enhances society's comprehension of the intricate nature and pressing urgency surrounding the issue of incest, underscoring the necessity for a multidisciplinary approach to effectively tackle the socio-psychological impact on children victimized by incest.
Perjanjian Pasca-Nikah (Postnuptial Agreement) dalam Konteks Maqashid al-Syari’ah: Analisis Pandangan al-Syatibi Mohammad Rafli; Fahmi Muhaemin Zaen; Sya’bana, Bambang Ari
Legitima : Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2023): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v5i2.4121

Abstract

Purpose – The aim of this research is to delve into and elucidate the concept of post-marital (postnuptial agreement.) agreements within the framework of the Maqashid al-Syari'ah, particularly through the lens introduced by al-Syatibi. Methods – The research methodology employs a Library Research approach grounded in the perspective of Maqashid al-Syari'ah as articulated by al-Syatibi, centering on descriptive analysis. This process entails systematic exploration and examination of literature and pertinent sources to grasp the nuances of Maqashid al-Syari'ah concepts as elucidated by al-Syatibi, while providing comprehensive insights into the intricacies of post-marital agreements within this framework. Findings – The study reveals that post-marital agreements play a crucial role in managing marital assets, especially in polygamous marriages, while prioritizing family welfare. Through the lens of Maqashid al-Shari'ah, marriage contracts ensure various benefits: preserving religious values, safeguarding against health risks, protecting children from psychological trauma, ensuring offspring welfare and rights, and safeguarding property rights, particularly in polygamous unions, thus enhancing economic stability within families. Research implications – The theoretical implications underscore the crucial role of maqashid al-Shari'ah in shaping post-marital agreements and Islamic marriage contracts. They stress that concepts like Hifz al Din, Hifz al Nafs, Hifz al 'Aql, Hifz al Nasl, and Hifz al Mal are pivotal in ensuring these agreements reflect Islamic values and offer optimal protection for all involved. Moreover, they prompt further exploration of the interplay between Islamic law, maqashid al-Shari'ah, and marital practices, enhancing theoretical understanding and informing legal policies in Muslim societies. Originality/value – In sum, the study underscores the profound implications of post-marital agreements and marriage contracts within the framework of maqashid al-Shari'ah, underscoring their role in fostering familial harmony, protecting individual rights, and upholding Islamic principles of justice and equity.
Analysis of the Rights and Obligations of Husband and Wife in the Compilation of Islamic Law: A Review from the Perspective of Gender Equality Nur Hidayah, Okti; Musyafangah; Meidina, Ahmad Rezy
Legitima : Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2023): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v6i1.4148

Abstract

Purpose – This research aims to identify the manifestation of gender injustice in the Compilation of Islamic Law, especially in the chapter on the rights and obligations of husband and wife. Methods – The research method used is library research with qualitative analysis. Findings – The analysis shows that Article 79 Paragraph 1 creates stereotypical gender roles by reinforcing the traditional roles of husband and wife. On the other hand, Article 79 Clause 2, and Clause 3 reflect the principles of gender equality and justice in legal rights. The husband's duties, as set out in Article 80, involve a guiding role and financial responsibility, with the issue of discrimination in women's education in Article 80 Clause 3. The wife's duties, as outlined in Article 83, create the potential for gender injustice through psychological pressure, with Article 83 Paragraph 2 indicating a double burden in managing household affairs. Finally, Article 84 Paragraph 1 highlights the potential for gender injustice in judging the wife as nusyuz (defiant), creating inequality in response to acts of defiance from both parties. Research implications – In the Compilation of Islamic Law, marriage aims to achieve a household life that is sakinah, mawaddah, and rahmah (peaceful, loving, and affectionate). To achieve this goal, married couples must commit to fulfilling their rights and obligations according to their respective abilities. Originality/value – This research is important to identify and explain the differences in status between husbands and wives, opening up space for reflection and a better understanding of aspects of gender equality in the context of Islamic marriage.
Portrait of a Sakinah Mawaddah Warahmah Family in the Community of Lenggerong Village, Bantarbolang District, Pemalang Regency Fakhrunnisa Rosada; Fitri Kurniawati
Legitima : Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2023): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v6i1.4221

Abstract

Purpose – Creating a sakinah mawaddah warahmah family is a goal for every married couple. These efforts are certainly faced with various challenges and obstacles. This is experienced by some people in Lenggerong Village, Bantarbolang District, Pemalang Regency. This research aims to see how the portrait of a sakinah mawaddah warahmah family in the community of Lenggerong Village, Bantarbolang District, Pemalang Regency. Methods – This research uses qualitative research with a descriptive approach technique. The subjects and data sources of this research came from Mrs Sitih, Mrs Istiana and Mrs Eka Jayanti. The data collection techniques were interviews and observations. Findings – The results showed that the portrait of a Sakinah, Mawaddah, warahmah family is a calm family condition, mutual understanding, no turmoil, serene, happy and harmonious. The husband fulfils the obligation of physical and mental nafkah and provides love and affection to the wife. Meanwhile, the wife's obligations towards the husband or the husband's rights over the wife are, among others: Obeying the husband, taking care of yourself when the husband is not around, maintaining self-respect and protecting the husband's property. Research implications/limitations – Based on the results of the study, the researcher recommends that the authorities conduct socialization on the formation of a sakinah family, especially for married couples who are in a long-distance relationship in Lenggerong Village. Originality/value – The existence of this research is expected to be a praxis reference for the community in an effort to form a sakinah mawaddah warahmah family. The empirical experiences of the informants in this study are expected to inspire married couples in other communities to form a sakinah family.
Implementation of Regulation of the Minister of Religious Affairs Number 20 of 2019 in the Practice of Changing the Biodata of the Marriage Certificate in Krian District Thoriq M Firdaus; Abdullah Taufik; Muhammad Fajar Sidiq Widodo
Legitima : Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2023): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v6i1.4256

Abstract

Purpose – This study aims to determine the practice of resolving changes in the biodata of marriage certificates at the Office of Religious Affairs (KUA) in the KUA of Krian District, Sidoarjo Regency, besides that the author also wants to know what obstacles occur in the settlement of changes in marriage certificates after the issuance of Regulation of the Minister of Religion No. 20 of 2019 concerning Marriage Registration. Methods – This research uses empirical juridical methods with a socio-legal approach. And in collecting data the author uses interview techniques, documentation, observation, literature study and internet searching. Data analysis is done in three ways, namely data reduction, data presentation, and drawing conclusions or verification.. Findings – The results showed that in the practice of resolving changes in the biodata of marriage certificates at the KUA Krian District, Sidoarjo Regency was not fully in accordance with the Regulation of the Minister of Religion No. 20 of 2019 concerning Marriage Registration. This is due to the absence of the latest birth certificate and certificate issued by the population and civil registration office as the basis for the KUA in changing the biodata of the marriage certificate. Research implications/limitations – Thus, based on the above conclusions, the authors recommend as a form of evaluation for related parties regarding changes in the biodata of the marriage certificate at the KUA Krian District. Originality/value – This research is important because the implementation of minister of religion regulation number 20 of 2019 at the religious affairs office has not been maximised. Therefore, the existence of this research is expected to be a practical reference for other KUAs by making the practice of changing the biodata of the marriage certificate of the Krian District KUA the object of study.
Factors that Cause the Occurrence of Siri Marriage in Tualang District Paisal Ahmad Dalimunthe
Legitima : Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2023): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v6i1.4337

Abstract

Purpose – In the procedural rules of marriage within the Indonesian Islamic society, it is stipulated that marriages must be officially recorded and published in accordance with Marriage Law No. 1 of 1974. In reality, not all segments of the Indonesian population adhere to the established procedures or rules. This is evidenced by the fact that a portion of the population in the Tualang District of Siak Regency still engages in unregistered marriages that are not officially documented or published, which deviates from the provisions of Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law. This study aimed to identify the factors underlying the occurrence of unregistered marriages in the Tualang District. Methods – To achieve this objective, the researcher employed qualitative research methodology. Data collection was carried out using observation, interview, and documentation methods. The data validity testing technique used was triangulation of sources and methods. Data analysis was conducted using an interactive analysis model consisting of data collection, data reduction, data presentation, and drawing conclusions. Findings – The research findings indicate that the practice of unregistered marriages in the Tualang District is similar to regular marriages, with the key distinction being the lack of official documentation. The factors contributing to unregistered marriages in the Tualang District include: out-of-wedlock pregnancies, economic factors, and the desire for polygamy. Research implications/limitations – The impacts of unregistered marriages on the community include ease of conducting marriages, difficulties in obtaining birth certificates for children, a higher likelihood of divorce, document forgery, and conflicts. Originality/value – The results of this research are expected to be a practical reference for the community and government to overcome the problem of nikah siri. The factors that cause nikah siri described in this research can be an illustration for the government to be able to formulate policies related to the problem of siri marriage.
The Divorce Phenomenon in Cenggu Village: Psychological Impact and Childcare Responsibilities Adawiah, Rabiatul
Legitima : Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2024): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v6i2.4415

Abstract

Purpose – Islam allows divorce if the household is truly untenable due to continuous conflict. However, there are many things that must be considered after the divorce, such as the ex-wife's right to maintenance and childcare. The most vulnerable party to the negative impact of divorce is the child, especially the psychological impact. This article aims to determine the psychological impact of children and parental care responsibilities after divorce in Cenggu Village. Methods – This research is descriptive-analytical qualitative research with a juridical-empirical approach. Primary data in the study are families who have divorced in Cenggu Village including husbands, wives, and children. Secondary data in this study are references from journals, books, and theses. The data collection techniques used are observation and interview. Findings – The results showed that divorce in Cenggu Village was caused by three factors, namely: domestic violence, economic factors, and infidelity. The impact of divorced parents on children is that children become insecure when they are in the surrounding environment, divorce becomes a mental burden for children. Lack of attention and affection for children due to parental divorce causes feelings of anxiety, confusion, shame, and sadness. Meanwhile, regarding children's education after divorce, this is a shared responsibility, between a mother, father, family members, and the community in which they live. Research implications/limitations – Based on the results of the study, researchers recommend strengthening harmonious family values through socialization by related parties, for example the government through religious instructors.
Marriage Dispute Resolution in Muslim Populated Countries: A Comparative Study of Divorce Law in Indonesia and Singapore Hakim, Mohammad Ainul Hakim
Legitima : Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2024): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v6i2.4775

Abstract

Purpose – The issue of reasons for divorce is an interesting discussion to study. In Indonesia, the reason for divorce that is mostly submitted by parties who want to divorce is the dispute between husband and wife. The reason for divorce in Law No. 1 of 1974 is Article 39 paragraph (2), and husband and wife disputes are included as reasons for divorce in the law. Meanwhile, in Singapore, the factors contributing to divorce between husband and wife are also mostly due to husband and wife disputes. The grounds for divorce in Singapore are regulated in Article 49 AMLA 1966 concerning fasakh. Methods – Data collection methods using library research and descriptive-comparative data analysis. The data that has been collected is analyzed using Descriptive Comparative Law Theory. Findings – The results of the research obtained that the provisions of the reasons for divorce under these two laws have differences and similarities. The difference is that Law No. 1 Year 1974 explicitly determines that the dispute between husband and wife is the reason for divorce, while Article 49 AMLA indicates that the provisions therein are factors in the occurrence of husband and wife disputes that are the cause of divorce. The similarity between these two laws is that they require husband and wife to participate in mediation or counseling when one of them files for divorce before proceeding to trial. Research implications/limitations – Based on the conclusions reached, this research recommends the reconstruction of divorce law in Muslim countries. A multidisciplinary approach is expected to maximize the chances of the success of mediation in divorce cases.
Marriage Guardians in Indonesian and Algerian Legislation: A Comparative Analysis of the Concept of Maslahat and Gender Justice Ghifari Hirza Firhan Ali
Legitima : Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2024): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v6i2.4802

Abstract

Purpose – The existence of guardians as a pillar of marriage has been regulated in family law in Muslim countries, two of which are Indonesia and Algeria. These two countries base each other on maslahat in formulating regulations regarding marriage guardians, but with different sociological realities and mazhab tendencies. This is due to the absence of qathi' nash that can be used as a basis for its determination. This study aims to comparatively analyze the provisions of marriage guardians in family law in Indonesia and Algeria in the concept of maslahat theory. Methods – This research uses normative juridical research methods with a statutory approach (statue approach) and comparison (comparative approach). Data sources come from secondary data sources consisting of primary legal materials in the form of Law No.1 of 1974 concerning Marriage, Compilation of Islamic Law (KHI), and Family Code 1984 (Qanun Al Usrah). Meanwhile, secondary legal materials are obtained from books and scientific articles. Findings – The results of this study indicate that the principle of the problematical provisions of marriage guardians is aimed at maintaining and safeguarding the rights of women under their guardianship. The Indonesian Marriage Law and KHI stipulate that the marriage guardian is a pillar in the marriage contract, and explains in detail the provisions relating to guardianship in marriage in line with the opinion of the majority of scholars on this matter. Meanwhile, in the Qanun Al Usrah Family Code 1984, the marriage guardian is also a pillar of the marriage contract, but it does not elaborate in detail on matters relating to guardianship in marriage. The Family Code 1984 also gives adult women the freedom to choose their guardian to be present in the marriage contract. This seems to make guardianship not one of the pillars of marriage in accordance with the Hanafiyah opinion. It appears that Algeria attempted to adopt all of the scholarly opinions in the Family Code 1984. Research implications/limitations – Looking at the modern realities in the two Muslim countries, it is appropriate to make reforms to guardianship regulations that prioritize gender equality.

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