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Mohammad Fikri
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Jl. Imam Sukarto no 60, Baletbaru, Sukowono, Jember, Jawa Timur, 68194, Indonesia
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Al Fuadiy: Jurnal Hukum Keluarga Islam
Published by LP3M Institut KH Yazid Karimullah
ISSN : 29646480     EISSN : 29617308     DOI : 10.55606
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Al Fuadiy : Jurnal Hukum Keluarga Islam P-ISSN: 2964-6480, E-ISSN: 2961-7308, DOI 10.55606, publishes scholarly articles and reviews on the discourse of Islamic and Comparative law in Muslim Societies. The material presented includes textual studies and field studies with multiple perspectives on Islamic Family Law, Islamic discourse, gender, (legal drafting) Islamic Civil Law, Islamic inheritance law, Islamic criminal law and waqf. The Journal available online and published twice a year (January-June and July-December) by the Islamic Family Law Study Programme, College of Sharia Nurul Qarnain Jember. The journal is highly receptive to new research patterns and methods. The following articles will be issued for publication: 1) Family Law, 2) Gender Issues, 3) Legacy, etc.
Arjuna Subject : Umum - Umum
Articles 69 Documents
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Ahli Waris Pengganti dalam Penerapan Pasal 185 Kompilasi Hukum Islam : Studi Analisis Terhadap Putusan Pengadilan Agama Jember Nomor: 1378/Pdt.G/2019/PA. Jember Alfina Wildatul Fitriyah
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 4 No. 1 (2022): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v4i1.6

Abstract

Compilation of Islamic Law is a set of rules of Islamic Law that contains descriptions or certain law materials, Law opinions or legal rules. The heirs in the Compilation of Islamic Law are classified into three groups, namely Dzawi al-furudl al-muqad, ' Ashabah, and surrogate heir. The surrogate heir is the person who gets the inheritance to replace the real heir because he died earlier than the heir. In this study the author wants to describe clearly and in detail about The Surrogate Heirs in the Application of article 185 of the Complication of Islamic Law (Analytical Study of the Decisions of the Jember Religious Court Number: 1378/Pdt.G/2019/PA. Jember). The study used qualitative research methods. From the results of the study, the authors have two conclusions, namely: First The Surrogate Heirs in the Application of article 185 of the Complication of Islamic Law The concept of surrogate heir is not only on the upward and downward path, but can also be carried out on the sideways path and the share of the surrogate heir should not exceed from the share of the heirs who are equal to and replaced. Second, the decision of the Jember Religious Court judge number /Pdt.G/2019/PA.Jember gives a share to sons and daughters of sisters (nieces) on the grounds that they are surrogate heir can be justified based on the views of the Jember Religious Court judges. and Islamic law. Because the surrogate heir are relevant to the lafadz al-mawaali in the snippet of verse 33 of Surah An-Nisa’  
Implementasi Nilai-Nilai Moderasi dan Toleransi Antar Umat Beragama dalam Menciptakan Kerukunan Masyarakat di Kota Pontianak Kalimantan Barat Awaliya Safithri; Kawakib; Hasbi Ash Shiddiqi
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 4 No. 1 (2022): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v4i1.7

Abstract

The purpose of this study was to determine the religious life of the people of the city of Pontianak and to know the attitude of tolerance between religious communities in the Muslim minority environment in the people of the city of Pontianak and the views of Islamic morality on religious tolerance. Some of the objects in this study are: The living conditions of religious people in Pontianak City, West Kalimantan, Moderate forms of tolerance between religious communities in Pontinak City, West Kalimantan, Attitudes of moderation and tolerance values ​​between religious communities in creating harmony in Pontianak City, West Kalimantan. This study aims to measure the level of understanding of the values ​​of moderation and tolerance between religious communities in creating harmony in Pontianak City, West Kalimantan. The method chosen in this research is quantitative research methods, which can be interpreted as research methods based on the philosophy of positivism, used to examine certain populations or samples, sampling techniques are generally carried out randomly, data collection using research instruments, data analysis is quantitative. The operational definition of the variable in this study is the level of understanding of the population and leaders regarding the attitudes of values ​​of moderation and tolerance between religious communities in creating harmony in Pontianak City. The level of understanding that is measured: First, the attitude of values ​​of moderation and religious tolerance in the field of Aqidah including: not insulting or damaging other religious symbols, such as: holy books, places of worship, and symbols that are religious accessories; Second, the values ​​of moderation and religious tolerance in the field of worship, including: allowing other people to worship in peace; Third, the attitude of values ​​of moderation and religious tolerance in the field of Mu'amalah, including: Be fair in all worldly transactions, such as buying and selling, not discriminating in service when becoming a seller or not buying monopoly to fellow Muslims only when becoming a buyer with the intent to shutting down the efforts of non-Muslims and fourthly, religious moderation in the field of morals, including: being polite, such as if passing non-Muslims, excuse me, if there are non-Muslims who need help on the road, we will help, speak well when talking to non-Muslims  
WAKAF TUNAI DAN PENGENTASAN KEMISKINAN Bachrul Ulum
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 4 No. 1 (2022): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v4i1.8

Abstract

Cash waqf has become one of the important instruments in Islamic economics. Cash waqf has two functions. First, it functions as a medium for taqarrub (getting closer to Allah SWT) and secondly as a means to achieve prosperity and welfare of society. Management of cash waqf can be used as an instrument for poverty alleviation programs through sustainable investment. In this program, cash waqf will participate in government programs that are oriented towards community empowerment through cash for work. cash for work is an activity to empower rural communities, especially the poor and marginalized, which is productive by prioritizing the use of local resources, labor, and technology to provide additional wages / income, increase purchasing power, reduce poverty and so on. So that cash waqf has a strategic role in community financial empowerment.  Keyword: Cash Waqf, Labor Intensive, Investment, Money
Perkawinan di Bawah Umur dalam Keharmonisan Rumah Tangga di Desa Sukogidri Kecamatan Ledokombo Kabupaten Jember Umar Faruq
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 4 No. 1 (2022): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v4i1.14

Abstract

This study aims to answer the resech problem that has been formulated in the formulation of the problem, that is 1) to reveal how the process of underage marriage in the village Sukogidri Ledokombo District, 2) What is the factor of underage marriage in the village Sukogidri Ledokombo District, and 3 ) What are the implications of underage marriage on domestic harmony. Research Methods with Approach and Type of Research is a qualitative approach with Field Research Type. Methods of data collection using observation, interviews, and documentation, and data analysis using data redaction techniques, display data and conclution drawing / verivication.. The analysis shows 1) the underage marriage process in Sukogidri village by inviting the community leaders, the nearest community, the families of the two brides, the father of mudin. The marriage process is done by the marriage contract by the community leader who has happened to resign the guardian from the bride's parent, 2) The occurrence of underage marriage in Sukogidri village is external factor, that is the insistence of the parents because of economic factor, worry about violating religion, and pregnant outside of marriage . And 3) the implications of underage marriage on household welfare have a negative impact. Negative impact is on the fulfillment of rights and obligations., In connection with this, in the household to be considered is the fulfillment of rights and obligations of husband and wife. Due to lack of preparedness in the household, the burden of rights and duties of husband and wife are still assisted by their respective parents. Creating a prosperous relationship in the family is not enough to be carried out by two husband and wife, it should involve all elements of the family, the readiness of the child in the household relationship still requires guidance and direction of the families of both parties, either from the wife or husband  
Tinjauan Yuridis Terhadap Perkawinan di Bawah Umur dalam Undang-Undang no 1 tahun 1974 dan Kaitannya dengan Hukum Islam Umar Faruq
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 4 No. 1 (2022): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v4i1.15

Abstract

Article 1 of Law Number 1 of 1974 states that marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on God Almighty. Based on the provisions of Article 2 paragraph (1) which states that a marriage is valid if it is carried out according to the law of each religion and belief. And the provisions of Article 7 paragraph (1) Marriage is only permitted if the man reaches the age of 19 (nineteen) years and the woman has reached the age of 16 (sixteen) years. As for the problem in this thesis, what is the view of Law Number 1 of 1974 and Islamic law on underage marriages and the legal consequences if a marriage is still carried out according to the provisions of Law Number 1 of 1974 and the provisions of Islamic law. And what efforts must be made so that a marriage that is still underage becomes legal according to law. The research in this thesis was carried out using the Library Research method or library research by studying the legislation on a number of books, writings and scientific works related to the material discussed in this thesis. According to the provisions of Law Number 1 of 1974 that a marriage is considered valid if carried out according to their religion and belief and reach the age limit that has been determined in the Marriage Law. On the other hand, according to Islamic law, a marriage that has fulfilled the pillars and conditions of marriage is considered a valid marriage even though it does not reach the age limit specified in the law so that the legal consequences are the same as marriages in general. Therefore, the marriage is not valid according to positive law, then the marriage has no legal consequences, but there is an impact of underage marriage on the status of children and wives. That is in terms of inheritance and child recognition  
PENGELOLAAN KONFLIK STUDI KASUS KEPALA MADRASAH TSANAWIYAH NEGERI 2 JEMBER Muhammad Shohibul Aqli; Dian Runi Masruroh; Faizatul Malihati; Mu' Alimin
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 4 No. 2 (2022): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v4i2.43

Abstract

Conflict is a part of human nature in living togather in the society which by good management it can be used as a stimulus for improving the quality of work performance, especially in Islamic educational institutions. This study examines the source of conflict and the urgency of conflict management in the institutional environment of Islamic education. This research is a library research with a descriptive approach. Conflict management in Islamic educational institutions is an effective way of increasing work productivity. The key of the effectiveness of conflict management in Islamic educational institutions is the ability and innovation of institutional leaders to combine or choose the best among several conflict management strategies such as giving explanation (tabayyun), deliberation, tahkim, ishlah, and other strategies. Therefore, the leaders of Islamic educational institutions must strive to improve the ability, insight, and innovation in managing conflicts in order to improve the quality of work performance optimally.
STRATEGI KEPALA MADRASAH DALAM MENGELOLA KONFLIK DI MA ANNURIYYAH Daniatul Qoyyimah; Alisa Qutrun Nada; Umar Mansyur
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 4 No. 2 (2022): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v4i2.44

Abstract

Conflict is a form of natural disagreement that occurs between individuals and groups because they have different attitudes, beliefs, values, and needs. Conflict should not always be interpreted as a destroyer or an attempt to destroy an educational institution. The existence of conflict in an educational institution is certainly unavoidable because conflict is caused by many factors or circumstances. Conflict is not always bad, but it can also have a positive impact, as long as it is managed properly. This is where the madrasah principal is needed to manage conflict in a school he leads. The principal of course must make or prepare a strategy so that later problems that arise in the school can be controlled properly and optimally. This is in accordance with the duties and functions of the madrasa principal as a mediator, so that later the conflict does not become an obstacle for the madrasa to achieve its mission and goals.
Legalitas Surat Wasiat dalam Sistem Pewarisan: Analisis Antara Kompilasi Hukum Islam dan Hukum Perdata Hazarul Aswat; Ilham Maulidin
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2026): January-June, Al Fuadiy : Journal of Islamic Family Law (in Press)
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v8i1.47

Abstract

The distribution of inheritance is an important aspect of the legal system in Indonesia, influenced by Islamic law and Western civil law. Differences in the regulation of the legality of wills between the Compilation of Islamic Law (KHI) and the Civil Code (KUHPerdata) have led the state to strive for legal harmonization by providing dual legal frameworks for Muslim and non-Muslim communities. This study aims to conduct a comparative analysis of the legality of wills under these two legal systems. The method used is normative legal research employing statutory and comparative approaches, utilizing secondary data obtained through library research and document analysis. The results show that KHI limits wills to a maximum of one-third of the estate and emphasizes the protection of heirs, whereas the Civil Code grants broader freedom to the testator, with limitations imposed through the concept of legitime portie. Both systems share similarities in recognizing a will as a unilateral declaration of intent, requiring legal capacity, and allowing for revocation. However, they differ significantly in terms of the limitation of assets, the designation of beneficiaries, and the underlying legal protection paradigm. It can be concluded that the two systems are not contradictory but rather reflect different approaches that hold potential for harmonization. This research contributes by providing a comprehensive and systematic comparative analysis of the legality of wills to strengthen legal certainty and minimize inheritance disputes in Indonesia.
Tinjauan Fiqih Empat Mazhab Terhadap Acara Walimah M. Dzikrullah Faza
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 4 No. 2 (2022): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v4i2.51

Abstract

: In Islamic fiqh Walimah can be interpreted specifically and generally. The general meaning for Walimah is any celebratory event that involves many people. While in a special meaning called walimatul al-ursy or walimah marriage is interpreted by the inauguration of the wedding which aims to inform other audiences that the bride and groom have officially become legal husband and wife, as well as as gratitude for the marriage of the two. There are many things in walimah and its provisions that every Muslim must understand, in order to avoid the fallacy of the provisions of Islamic law. Therefore, islamic fiqh puts provisions in this case. This article, aims to examine and analyze the views of the four Mazhab in the case of walimah whether walimah marriage or others walimah and the matters contained therein also include the postulates of each opinion as well as discuss them using descriptive methods of analysis. The results of this analysis show that the dalil of the walimah of marriage is sunnah stronger in its postulate than the dalil of wajib and the dalil of attending the obligatory marriage walimah is easier to accept and stronger than the dalil opinions of the Sunnah and fardhu kifayah, and the walimah time starts from the akad until the indefinite time even though it has been divorced or died. Can also be done with any food or drink without any certain levels
PENDAYAGUNAAN NAFKAH PRODUKTIF PADA ANAK: (Studi Kasus Desa Sumber Jeruk Kabupaten Bondowoso) Fatmawati
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 4 No. 2 (2022): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v4i2.75

Abstract

The fulfilling a living importance for children, especially educationproviding can be seen in terms of the axiology of legal benefits where providing forchildren is a medium for achieving social welfare, by fulfilling children'smaintenance, it means the same as preparing future human resources who havequality, because in There are three aspects of fulfilling children's basic needs,namely primary needs, children's spiritual (psychological) needs and intellectualneeds. Good fulfillment of these needs can be a form of utilizing productive incometo improve the quality of human resources in the future. Sumber Jeruk Village as oneof the villages at the end of Bondowoso district is a village that has a fairly goodlevel of concern for the world of education, even though it is at the very edge but theenthusiasm for community education is very good, this is evident from the author'sfindings on several institutions that have existed since the beginning in 2000, morethan that there were various graduates from various senior secondary educationinstitutions who participated in coloring the community both in terms of theeconomy and so on. This study aims to determine the forms of child support,especially in the field of education and their impact on the village. In this paper themethodology used is qualitative through a phenomenological approach, which is anapproach used by a group of researchers to interpret a phenomenology that occursin a particular group or community, in this case the people in Sumber Jeruk village,Bondowoso district. The findings in this study include that the people in SumberJeruk village carry out quite good educational planning by taking into account thepotential of the children and the economic capacity of the family, this allows eachfamily to fulfill their education needs more objectively not by following trends and soon. The results obtained from these efforts are the creation of a scientific range thatis owned by youth in the village, the variety of education pursued so that the villagedoes not lack human resources, ranging from teachers, modern farmers, to businesspeople.

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