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AL-HUKAMAÂ´

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Published by Universitas Islam Negeri Sunan Ampel

ISSN : 20897480 EISSN : - DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Al-Hukama': Jurnal Hukum Keluarga Islam di Indonesia diterbitkan oleh Prodi Hukum Keluarga Islam (ahwal As-Syakhsiyyah) Fakultas Syari’ah dan Hukum UIN Sunan Ampel Surabaya. Jurnal ini memuat tentang kajian yang berkaitan dengan seluruh aspek Hukum Keluarga Islam di Indonesia. Jurnal ini terbit dua kali setahun: bulan Juni dan Desember. p-ISSN: 2089-7480 , e-ISSN: 2548-8147

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Articles 10 Documents

Search results for , issue "Vol. 8 No. 2 (2018): Descember 2018" : 10 Documents clear

Implementasi Yuridis Terhadap Pelaksanaan Hak Pendidikan Anak Didik Pemasyarakatan Pelaku Pembunuhan Santri di Lamongan Siti Dalilah Candrawati
AL-HUKAMA Vol. 8 No. 2 (2018): Descember 2018
Publisher : State Islamic University (UIN) of Sunan Ampel

This paper is a bibliographical research on how the implementation of children’s educational rights in the Children Development Institution of Blitar who is underwent criminal sanction for involvement in the murder of a student in Lamongan and how the application of legislation on educational rights of the students. The prisoners who are convicted of murdering student in Lamongan must undergo a 1 year term in LPKA of Blitar. During the sentence, LPKA Blitar has implemented a system of treatment of students through 4 (four) stages, namely 0-1/3 MP, 1/3-1/2MP, 1/-2/3 MP, 2/3 to free. During that time they got the right to attend their formal high school and non-formal education in LPKA, even 4 (four) children who were sitting in class XII strived to follow UNAS (national post test) at their own school and passed it well. Because their behavior in LPKA was well assessed by the Penetration Monitoring Team (TPP), it was granted conditional leave (CB) rights so that the criminal sanction was reduced by one third and after 8 (eight), they were transferred to Anta Sena Magelang institution to undergo rehabilitation. In order to obtain optimal results, LPKA of Blitar cooperates with related offices, both with the national education office of Blitar city and NGOs as well as civic organizations. In addition, the implementation of educational rights in LPKA of Blitar, juridically implements articles 1, 2, 3, 4, and 85 of the Act. No. 11 of 2012 on the Criminal System for Children and article 1, 9, 14, 23, 24 Act. No. 35 of 2014 on Amendments to the Law. No. 23 of 2002 concerning Child Protection.

Peran Organisasi Perempuan Sidoarjo dalam Merespon Kekerasan Terhadap Perempuan dan Anak di Sidoarjo Nurul Asiya Nadhifah
AL-HUKAMA Vol. 8 No. 2 (2018): Descember 2018
Publisher : State Islamic University (UIN) of Sunan Ampel

This article is the result of the research on the role of the women's organizations in Sidoarjo in responding to violence against women and children in Sidoarjo. The women's organizations in Sidoarjo referred to in this study are Fatayat of NU Branch Sidoarjo, Muslimat of NU Branch Sidoarjo, Regional Administrators Aisyiyah of Sidoarjo, Student Association of Nahhdlatul Ulama (IPPNU) Branch of Sidoarjo and Nasyi'atul Aisyiyah of Sidoarjo. Domestic violence is any act against a person, especially women, which results in physical, sexual, psychological misery or suffering resulting from neglect of the household, including threats to do illegal acts of deprivation or deprivation of liberty within the household. The results of the study concluded that Fatayat of NU, Muslimat, Aisyiyah, Nasyi'atul Aisyiyah and IPPNU had an important role in participating and handling cases of violence against women and children that occurred in Sidoarjo. They realize that women's organizations must respond to community development and needs. They participated with the government in dealing with victims of violence against women and children in Sidoarjo. The handling of cases of violence against women and children is not only in legal protection, but trauma healing assistance to victims is also done so that victims can return to their activities as before the violence occurred.

Program Kampung Keluarga Berencana Menurut Hukum Islam Nur Lailatul Musyafaah
AL-HUKAMA Vol. 8 No. 2 (2018): Descember 2018
Publisher : State Islamic University (UIN) of Sunan Ampel

The KB village has several programs, namely Family Planning (KB), Tribina which includes Family Development Coaching, Adolescent Family Development, Elderly Family Development (BKB, BKR, and BKL), Efforts to Increase Prosperous Family Income (UPPKS), and Information and Counseling Center Youth (PIK_RM). Based on the analysis of Islamic law, the Family Planning Village program in general is in accordance with the principles of Islamic law, but there are a number of programs whose laws are disputed by Jurisprudence. The Tribina program is in accordance with Islamic law, because the obligation of parents to care for and educate their children from toddlers to adolescents is good, and caring for elderly parents is an obligation of children to their parents. Regarding the family planning program, the majority of scholars allow for the use of contraceptives not to be permanent, not harmful and carried out by experts, while the permanent contraception, such as vasectomy and tubectomy, the majority of scholars forbid them. In connection with the UUPKS, the legal UUPKS may even be recommended because part of mutual assistance. But what needs to be considered is that the business must be in accordance with the concept of Islamic business, including not containing elements of gharar (uncertainty) and usury. The PIK_RM is in accordance with Islamic law, because fostering teenagers with proper and good guidance is highly recommended in Islamic law, so that they can become a superior generation and not fall into bad things.

Pendapat Muhammad Syahrur Tentang Poligami Serta Relevansinya Bagi Rencana Perubahan KHI Firman Nurdiansyah
AL-HUKAMA Vol. 8 No. 2 (2018): Descember 2018
Publisher : State Islamic University (UIN) of Sunan Ampel

One of the topics that continues to reap controversy is polygamy. In the Islamic world, polygamy is interpreted differently through its main source, the Qur’an. One of the Muslim thinkers who contributed to the interpretation in this matter was Muhammad Syahrur who used the boundary theory in seeing the case of polygamy. By observing the context of the verse as a whole, Syahrur emphasized that polygamy can only be done if the second wife and so on are widows and have orphans. This paper is a study of the thoughts of Muhammad Syahrur through his monumental work Al-Kitab Wa Al-Qur’an Qira’ah Mu’asirah and his other works. The thought of Muhammad Syahrur is described and then analyzed for its relevance to the amendment plan. Compilation of Islamic Law as a material law in deciding polygamy issues. The requirement for polygamy must be with widows with orphans as a valuable input for KHI, which has included the conditions for polygamy which have departed from the shortcomings and weaknesses of women, a requirement considered by feminist as a gender bias.

Reaktualisasi Konsep Mahram dalam Hadis Tentang Perjalanan Wanita Perspektif Maqasid al-Shari'ah Holilur Rohman
AL-HUKAMA Vol. 8 No. 2 (2018): Descember 2018
Publisher : State Islamic University (UIN) of Sunan Ampel

This study discusses the actualization of the concept of mahram in the hadith about the maqasid al shari’ah. The focus of this study are: How is the editorial of the prophetic hadith about the prohibition of women’s travel without mahram? What do the scholars say about addressing women’s travel? How is the actualization of the concept of mahram in the course of women on maqasid al shari’ah? This research is a library research with a qualitative descriptive-analytical type and with a philosophical approach. The conclusion of this study, that the reason behind the prohibition of women not allowed to travel alone without mahram is a concern for women’s safety when they are alone. The statement like this, the law of the obligation of mahram for women traveling is contextual, because maqasid al shari’ah, within the context of this obligation, is to provide protection and security to women. Whereas the command to include mahram in the journey of women is basically one of the observations to protect women from unwanted possibilities. Whereas the trustee can be replaced with another guardian in the form of a protection mechanism for the community, both individually and collectively, among others through legal rules, legislation, and public policies that can lead to safer and protected trip.

Program Sakera Jempol (Sadari Kekerasan Perempuan dan Anak dengan Jemput Bola) Kabupaten Pasuruan Perspektif Yuridis Hadaita Na'mah
AL-HUKAMA Vol. 8 No. 2 (2018): Descember 2018
Publisher : State Islamic University (UIN) of Sunan Ampel

This article examines the implementation of the Sakera Jempol program (Realizing the Violence of Women and Children with Ball Pick) in Pasuruan Regency and the Effectiveness of Law No. 23 of 2004 concerning the Elimination of Domestic Violence Against the Government’s Pasuruan Regency program. The data of this study are collected from observation, interviews, and documentation. Data are then analyzed using descriptive methods with inductive mindset, which describe the results of the research systematically and then seen using a juridical perspective. Based on data in the field, the Sakera Jempol Program is a program for handling victims of domestic violence, such as health services, counseling, rehabilitation, and legal assistance. The effectiveness of this program in reducing the number of violence, seen from the graph of the distribution of the number of cases of violence against women and children in the 2015-2018 period, succeeded in reducing cases from 68 cases to 21 cases of Domestic Violence (KDRT). The speed of handling victims of domestic violence is seen from the graph of the speed of handling cases of violence against women and children in the 2015-2018 period, from 5 days to 1 day. This program, if viewed from the reporting and protection stages, the handling phase, and the rehabilitation phase, is in accordance with Law No. 23 of 2004 concerning the Elimination of Domestic Violence.

Tanggung Jawab Orang Tua Kepada Anak di Era Digital Perspektif Hukum Keluarga Islam di Indonesia Nur Ahmad Yasin
AL-HUKAMA Vol. 8 No. 2 (2018): Descember 2018
Publisher : State Islamic University (UIN) of Sunan Ampel

The digital age is an era where technology and information can be accessed by anyone, anywhere and under any conditions, so that it can have a positive and negative impact on parents’ responsibilities to children and child development. This article is the result of a bibliographical study on parents’ responsibilities to children in the digital age under the perspective of Islamic family law in Indonesia. Data are collected using documentation techniques and analyzed using descriptive methods with deductive mindset. Based on this study, parents are responsible for being more selective in nurturing, educating, and protecting children in today’s digital era. They are also asked to understand information technology and systems. Parents must be able to actualize children’s rights, including: maintenance of honor (?if? al-'ir?), maintenance of religious rights (?if? al-d?n), maintenance of the soul (?if? al-nafs), maintenance of reason (?if? al -'aql) and maintenance of property (?if? al-m?l).

Kesesuaian Pasal 108 KHI Tentang Wasiat Perwalian Anak Kepada Badan Hukum dengan Hukum Islam Mochammad Charitsal Chubba
AL-HUKAMA Vol. 8 No. 2 (2018): Descember 2018
Publisher : State Islamic University (UIN) of Sunan Ampel

This is a bibliographical research that analyzes the appropriateness of article 108 of KHI (Islamic Law Compilation) concerning child trusteeship testament to legal entities with testamentary theories in Islamic law. In term of its formulation, it is known that article 108 of KHI does not have a basis and it contradicts the rules of Islamic law that exist according to the Shafi'i school of thought. In this case, there are two elements that are not in accordance with the rules of will in Islamic law, namely legal entities as recipient of will and guardianship as inherited object. It is because the legal entities are not individual recipient but an association consisting of several people who are not associated to religion and culture. In addition, the article is only based on a number of articles contained in the Civil Code and other laws, without detailed explanations regarding the articles and procedures that must be carried out and across the norms in the community. The solution that can be taken is the need for regulations regarding the criteria of legal entities that are permitted to accept the will and their responsibilities. And there should be a change from the word trusteeship to a representative that has a limited role compared to guardianship.

Perkawinan Lansia di Kecamatan Socah Kabupaten Bangkalan Perspektif Maqasid Al-Shari’ah Roisul Umam Hamzah
AL-HUKAMA Vol. 8 No. 2 (2018): Descember 2018
Publisher : State Islamic University (UIN) of Sunan Ampel

This is a field research that analyzes the marriage suitability of elderly people in Socah, Bangkalan under the theory of maqasid shari'ah. The elderly marriage is officially conducted at KUA (Religious Affairs Office) of Socah for different reasons, namely: on the basis of coercion to the bride so that the family relationship does not break up, resulting in reluctance, on the basis of family compassion and encouragement. It is because the bride is an old maid and is his own niece on the basis of mutual love, avoid immorality and seek peace of life in old age. All couples can fulfill both material and non-material obligations, although not as perfect as a young couple. Some husbands do not want to have children for fear of not being able to support even though in this case the wife really wants it. Thus, the marriage of the elderly in Socah is sometimes appropriate and not in accordance with the maqasid shari'ah. The suitability in question is in terms of hifz al-din (protecting religion) and hifz al-mal (protecting wealth), while its inadequacies are in terms of hifz al-nasl (protecting offspring), because of their desires to have offspring and in terms of hifz al-nafs (protecting soul), and hifz al-'aql (protecting ratio), because of differences in descent have the negative effect on family disharmony that can interfere with the soul and mind. In this case, an intense dialogue and approach must be made to the couple to be more open and understand each other.

Analisis Istihsan Atas Pertimbangan Hakim Terhadap Saksi Non Muslim Pada Perkara Perceraian Misbahul Zaman
AL-HUKAMA Vol. 8 No. 2 (2018): Descember 2018
Publisher : State Islamic University (UIN) of Sunan Ampel

Verification in the Religion Court is important because the court upholds law and justice based on no other evidence, including in civil cases, such as divorce. One of the proofs is a witness testimony. The majority of Islamic law experts like Imam Malik, Imam al-Shafi'i or Imam Ahmad ibn Hanbal agreed that a witness must be a Muslim, so that in a case witnessed by someone who is not Muslim, his testimony is deemed invalid. This article wants to see a case of establishing non-Muslim witnesses in a divorce case in the Sidoarjo Religious Court by using descriptive analysis, which is systematically describing the facts and characteristics of the object studied by the later analysis and using the istihsan theory. Based on the analysis, the Sidoarjo Religious Court in Case No. 1889/Pdt.G/2017/PA.Sda. has received the status of a non-Muslim witness because it has fulfilled formal requirements in a civil procedure law. In line with istihsan theory, non-Muslim testimony is permissible because of the development of the present era and its greater difficulties so that it can be accepted in religious courts. If it is forced that witnesses to be Muslim, then justice seekers will be harmed and have difficulties.

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