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PANDANGAN FIQIH MUNAKAHAT TERHADAP PERKAWINAN ADAT SUKU SASAK LOMBOK TIMUR Said, Purwadi; Wibowo, Muhammad Kurniawan Budi; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 02, No. 2 Agustus 2023
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.279

The purpose of this study is to explain the views of the Munakahat Fik people on Sasak traditional marriages in the area of the Department of Religion, Pringabya District, East Lombok. It then describes the traditions of the Meralik tribe of the Sasak tribe of East Lombok. In this case, the subject of the survey is the Sasak people of East Lombok Island, and the subject of the survey is their view of Islam using a qualitative method. As a result of the study, the authors concluded that the Meralik tradition of the Sasak people of Lombok in the Pringabaya district of the East Lombok Religious Affairs Authority (KUA) consists of several stages. (1) Middle. (Visits her future wife in front of the house) Here there is an agreement between the two parties to kidnap her wife or have her husband take her away. (2) The man must kidnap (run away) the bride. (3) The man must report the elopement to the chief of the village where the bride lives, the so-called Serval. (4) Payment of deposit and dowry money. (5) Conducting weddings in Islamic style. (6) A type of marriage payment common among the Sasak people of Lombok is called Sorong Sera. (7) Nyongkolan, a women's accompaniment to her family and strolling through the village to traditional Lombok music. The correct practice of melalik is very legal in terms of legality since in melalik the conditions and pillars are fulfilled according to Islamic law. Apart from what is not justified, namely the process of marriage proposal, the process of marriage proposal in the melalik tradition in Islam is very different and this tradition can be harmful.

EFEKTIVITAS DISPENSASI PERKAWINAN DI BAWAH UMUR UNTUK KEHARMONISAN RUMAH TANGGA DI WILAYAH KANTOR URUSAN AGAMA (KUA) KECAMATAN NOGOSARI KABUPATEN BOYOLALI Sanduri, S; Wibowo, Muhammad Kurniawan Budi; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 03, No. 1 Maret 2024
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.291

Marriage dispensation is an effort for those who want to get married but have not met the age limit set by the government. Underage marriages cause various kinds of problems, according to the Marriage Law No. . The focus of the issues discussed are: 1) How is the marriage dispensation process. 2) How is the effectiveness of underage marriage dispensation for household harmony in Nogosari District? This study aims to determine the effectiveness of dispensing underage marriages for household harmony, what are the strategies used by early marriage couples in creating a harmonious family. This research is called field research, in this study taking primary data from the field which was studied intensively accompanied by an analysis of all data or information that has been found, the results of the research show that the effectiveness of underage marriage dispensation for household harmony is lacking effective because of the 30 informants interviewed by the researchers 80% of them experienced a lack of harmony in the household, this occurred due to several factors including: 1) Psychologically and socio-economically the marriage partners were immature. 2) They are classified as still unstable. 3) Don't have much knowledge about how to care for children, so they can't apply proper parenting patterns.

TINJAUAN HUKUM ISLAM TERHADAP METODE BIBIT BEBET BOBOT DALAM MEMILIH PASANGAN SUAMI ISTRI DI DESA PLUMBON KECAMATAN MOJOLABAN KABUPATEN SUKOHARJO Khoiruddin, Dzikri; Syamsuddin, S; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 03, No. 1 Maret 2024
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.305

Marriage is a sacred worship for muslims, in its implementation have rules that have been described in Al-Qur’an and Hadits. To achieve a harmonious marriage and not against islamic law, then there is a need for good marriage knowledge. One of the science of marriage is to choose a good partner, among them by choosing lineage, rank, beauty, partner’s religion. Islam regulates marriage not only for the satisfaction of sex relations, but aim to make a family that is sakinah, mawaddah, warahmah. In creating a harmonious and ideal family, javanese people have a bibit bebet bobot method in order to choose his life partner. In this research the author uses Qualitative Research. By using Descriptive Qualitative method by explaining the conditions in the field with data obtained through interviews, observation and documentation. Data analysis using data reduction method, data presentation and conclutions from research result. The result of the author’s research indicate that (1)The bibit bebet bobot method already existed in the days of Kartasura kingdom. Bibit means the origin of the partner, bebet comes from the word “bebetan” in javanese means clothing (economic and social caste), bobot means self-quality (education). (2)Islamic law reviews that the bibit bebet bobot method is in accordance with islamic sharia, as in islamic law there is kafa’ah. (3)The bibit bebet bobot method in modern times is still considered relevant but with the development of new languages or terms but with the same purpose.

PENYEBAB MENINGKATNYA PERKAWINAN DI BAWAH UMUR DI KANTOR URUSAN AGAMA KECAMATAN KEBAKKRAMAT TAHUN 2019-2021 Widiyati, Wahyu; Syamsuddin, S; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 03, No. 1 Maret 2024
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.306

Underage marriage is a marriage or contract that can guarantee that a man and a woman have each other and can have husband-wife relations and that marriage is carried out by a person (potential husband, prospective wife) who has not reached the age specified by law. The current law in Indonesia that has been determined by the government. Namely under the age of 19 for men and women in accordance with Law Number 16 of 2019. This study uses a qualitative descriptive method, namely research conducted to examine an object, a condition or phenomenon, a group of people, with natural or real conditions. Trying to tell the current problem solving based on the data. The right data needs to be determined by informants who have competence and are in accordance with data needs (purposive). This study aims to describe in full and in detail the events or various phenomena studied regarding underage marriages. The results showed that the cause of the increase in underage marriages in the Religious Affairs Office of the Kebakkramat District was the concern of the parents because the child's relationship with the boyfriend was too close for fear that an act prohibited by the provisions of Islamic law would occur, namely adultery and other disgraceful acts. Another cause is because they are already pregnant, the parents marry off because their children are already working, they are considered ready to become husbands or heads of families or conversely ready to become wives or housewives. For couples who are not married, they should think more carefully about getting married, avoiding underage marriages. In order to realize the purpose of marriage, namely to form a happy and eternal family or household based on Belief in the One and Only God.

PERLINDUNGAN HAK WARIS ANAK HASIL PERKAWINAN SIRI MENURUT KOMPILASI HUKUM ISLAM DAN HUKUM POSITIF INDONESIA Alfaiza, Zahroul Firdausi; Wibowo, Muhammad Kurniawan Budi; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 03, No. 1 Maret 2024
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.312

The main problem in siri marriages in general is related to the rights of a wife who cannot claim a share of property from her husband and the rights of a child who is born becomes obstructed and is not entitled to inherit property from the father, because he has a weak position in the eyes of the law. This research was conducted with the aim of knowing the legal protection and inheritance rights for children of siri marriages. This study uses a literature/library research method with a normative juridical approach and a normative theological approach. Data collection was carried out using the library method, namely the method of searching, collecting and analyzing data sources which were processed and displayed in the form of library research. The results of the study show that children of siri marriages have the same position as legitimate children in the eyes of Islamic law and Indonesian law. But there are two different things, namely the issue of identity and inheritance. Islamic law places the status of children from siri marriages on a par with legitimate children even though they are not legalized. Meanwhile, in the view of Indonesian law, children from siri marriages can have the same status and share of inheritance as legitimate children, provided that the child has been legalized through the marriage certificate of his parents. In both of these legal views, an existing marriage must obtain a marriage certificate from the Marriage Registration Officer (PPN), so that without registration in the child's identity, the child is considered a child out of wedlock.

IMPLEMENTASI HUKUM ISLAM TERHADAP PEMBAGIAN HARTA WARIS ANAK LUAR NIKAH (STUDI ANALISIS PUTUSAN MK NO.46/PUU-VIII/2010) Laila, Maya; Wibowo, Muhammad Kurniawan Budi; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 03, No. 1 Maret 2024
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.314

The status of a child is closely related to whether or not a marriage is valid. As a result of a valid marriage, it will ensure that the status of the child is clear. Conversely, the result of an invalid marriage or not being registered at the KUA, will have implications for the unclear status of the child in a formal legal manner so that the child is considered an extramarital child. The issue was outlined in Constitutional Court Decision No.46/PUU-VIII/2010. However, the decision has generated a lot of controversy. Many people argue that the decision is the same as legalizing adultery in Indonesia, even contrary to Islamic law. Therefore, the purpose of this paper is to examine the issue of the implications of Constitutional Court Decision No.46/PUU-VIII/2010 on extramarital children. This research uses literature and normative law research methods. The research design uses an analytical study of Islamic law and Constitutional Court Decision No.46/PUU-VIII/2010. Data collection techniques are obtained from researching several books and intellectual works of scientists and/or scholars that are relevant and can be used as literature. Data analysis used descriptive qualitative, content analysis, and triangulation techniques. The results of this study state that the Constitutional Court's decision does not actually have legal implications for all children out of wedlock. Furthermore, this decision only has implications for children from siri marriage, but not children from adultery. Because it has been explained in the decision that to recognize a child out of wedlock, the father must be able to prove that he is really the biological father not only through science and technology, but also with other tools that can corroborate, for example, such as the marriage certificate of the father and mother which proves that they are really husband and wife who have entered into a legal marriage even though it is only limited to religion.

PERAN KEPALA KANTOR URUSAN AGAMA KECAMATAN TASIKMADU KABUPATEN KARANGANYAR DALAM MENANGGULANGI PERKAWINAN DIBAWAH UMUR Abubakar, Kirana; Wibowo, Muhammad Kurniawan Budi; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 03, No. 1 Maret 2024
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.315

The main problem in this study is related to underage marriage that occurs in the Tasikmadu sub-district, along with how to overcome it carried out by the Head of KUA in minimizing underage marriage. This study aims to determine (1) the condition of underage marriage in Tasikmadu District, Karanganyar Regency, (2) The Role of the Head of the Office of Religious Affairs in preventing underage marriage. This research uses qualitative methods. Qualitative research is a continuous research process so that the data collection and data analysis stages are carried out simultaneously during the research process. Data collection was carried out by interview method to the Head of KUA Tasikmadu. The location of the research was carried out at the Office of Religious Affairs in Tasikmadu District, Karanganyar Regency. The results of research conducted at the Office of Religious Affairs of Tasikmadu District, Karanganyar Regency are factors that cause underage marriage to occur, there are also reasons that cause underage marriage that often occurs in the community of Tasikmadu District, Karanganyar Regency are economic factors, factors that have loved each other, parental factors and the most important factor is pregnancy out of wedlock. The role of the Office of Religious Affairs in tackling underage marriage has been carried out in accordance with the procedure, namely by conducting socialization to the community through routine studies related to marriage, besides that the KUA also conducts socialization through premarital guidance for teenagers how to build a good household. Implementation of the marriage law regarding the age limit for marriage and in cooperation with youth leaders and village officials or other agencies.

PENAFSIRAN PEMBERIAN DISPENSASI PERKAWINAN DI BAWAH UMUR DI PENGADILAN AGAMA KABUPATEN SUKOHARJO TAHUN 2019 - 2021 Munawir, M; Wibowo, Muhammad Kurniawan Budi; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 03, No. 1 Maret 2024
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.318

Interpretation is a method of legal interpretation that provides an easy-to-understand explanation of the text of the law so that the scope of the rule can be determined in relation to certain events. Judge's interpretation or interpretation is one of the processes that must be taken by the court in order to obtain certainty regarding the meaning of statutory law. Marriage dispensation is an exception to the rule or law that is given to applicants to get married but are not old enough in accordance with the terms and conditions of the applicable law. The author in this study used a qualitative descriptive method, the data collection method is original data from the Religious Courts of Sukoharjo Regency, both about annual reports and direct interviews from existing judges in dealing with the problem of interpreting the dispensation of underage marriages. The data was then analyzed descriptively qualitatively, namely to describe what was happening at that time. To test the validity of the data is done through Editing and Classifying. The results of the study show that the interpretation of the granting of underage marriage dispensation in Sukoharjo Regency in 2019-2021 is carried out by submitting a marriage dispensation application stating that the marriage must still be carried out due to an urgent and emergency situation that must be married or handled immediately. The factors that led to the interpretation of the granting of dispensation for underage marriages, namely pregnancy out of wedlock, parental factors, educational factors, economic factors and of course the Covid 19 factor in 2020 which stopped all forms of human activity or what are known to be restrictions within the scope all sectors of human life.

STUDI ANALISIS JAMINAN KEMATIAN (JKM) BAGI APARATUR SIPIL NEGARA SEBAGAI WARISAN BESERTA KONSEKUENSINYA DALAM ISLAM Nisa, Rifqi Zahratun; Syamsuddin, S; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 03, No. 1 Maret 2024
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.320

Inheritance is a matter that’s closely related to the scope of human life, and becomes a tradition without knowing the limits of time or place, considering that all humans will inevitably experience death. Among the sources of property that exist today is the Death Insurance (Jaminan Kematian (JKM)) for State Civil Apparatus (Aparatur Sipil Negara (ASN)) which is handed over to the heirs of the deceased ASN and managed in accordance with applicable laws and regulations. This study aims to analyze whether Jamian Kematian (JKM) for civil servants is included in the category of inheritance according to Islamic jurisprudence and the consequences that exist from the results of the analysis. This research is a qualitative descriptive research that collects Jaminan Kematian (JKM) data for civil servants with a clear picture in the form of words. In order to collect data in this study, direct research, interviews, and documentation studies were used. Data analysis techniques in this study use normative approaches, inductive thinking, and peer examination. The conclusion that can be drawn from this study is that Jaminan Kematian (JKM) is not included in the definition of inheritance according to Islam, as for the consequences of the results of the study, Jaminan Kematian (JKM) must be distributed to heirs in accordance with applicable laws and regulations.

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