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Mohammad Noviani Ardi
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INDONESIA
ADHKI: Journal of Islamic Family Law
Published by Asosiasi Dosen Hukum Keluarga Islam Indonesia
ISSN : -     EISSN : 2715050x     DOI : -
Core Subject : Religion, Humanities, Art, Social,
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
ADHKI Journal of Islamic Falimy Law is a journal published by the Indonesian Islamic Family Law Lecturer Association, its focus and scope related to Islamic Family Law Issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 66 Documents
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KEADILAN BAGI ISTRI AKIBAT PUTUSAN BATAL DEMI HUKUM Supraptiningsih, Umi
ADHKI: Journal of Islamic Family Law Vol 1 No 1 (2019): Journal of Islamic Family Law
Publisher : ADHKI Indonesia

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Abstract

Marriage is carried out in order to create a happy and eternal family according to based on the hand of God. However, sometimes divorce must be exist as it was desired by the husband.  Accordingly, he submitted a plea of divorce to the Religious Court to obtain an aproval. As he obtained the aproval from Religious court to divorce his wife, the husband disobeyed the court orders until the time limit was expired. Of course, it lead to the injustice gained by the wife. Accordingly, the current research focused on three aspects, namely (1) the legal consequences of verdict with no pronouncing of a divorce pledge. (2) The marital status of both the husband and the wife as the jurisprudence has been void and (3) The justice for the wife because the verdict has been expired due to disobedience carried out by the husband. Normative research with case study design was accomplished in this study. The finding revealed that the verdict with no statement of divorce pledge carried out by the husband before the deadline will not bring about effects for both the claiment (husband) or the defendant (wife). In other word, the marital status did not change as they were still legally married. In line with justice, the wife was aggrieved by the husband, and she did not gain justice either on her marital status, rights and legal certainty.
TINJAUAN HUKUM ISLAM TERHADAP PEMBERIAN UANG ADAT (SELEMAK SEMANIS) DALAM PERKAWINAN ADAT MELAYU JAMBI masputri, Siti Marlina
ADHKI: Journal of Islamic Family Law Vol 1 No 1 (2019): Journal of Islamic Family Law
Publisher : ADHKI Indonesia

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Abstract

The background of the problem in this research is, in Jambi in the traditional wedding ceremony there is what is called adat money (Selemak Semanis), which is the traditional money given by men to women who will be married if the adat money is not fulfilled so it will not happen marriage. As for the purpose of this study, we want to know the position and legal consequences of giving customary money in Jambi Malay customary marriage, wanting to know the legal consequences of giving customary money in Jambi Malay customary marriage and want to know the Islamic legal review of giving customary money in Jambi Malay customary marriage in Jambi. The approach in this study is a qualitative normative sociological approach. In this study the authors used the type of field research (Field research), by conducting interviews with the local community, village heads, officials of the sharia ', traditional leaders, community leaders, religious scholars, and various parties needed information in writing this research. Based on the data obtained by the author in the field, after being reviewed and understood, the following research results are obtained, firstly that the position of giving customary money is a condition for the implementation of marriage and its nature is a mandatory gift from men to women and legal consequences. from giving customary money in Jambi Malay customary marriage depends on whether or not the man can fulfill the customary money which is determined by the female family, presumably able to fulfill the customary money then the marriage will be held and if the man is unable to fulfill the customary money then marriage and customary money will occur outside of the gift dowry. The two reviews of Islamic law on the giving of customary money do not violate the Qur'an and the Hadith, but there is a mistake in the community in determining the amount of customary money that is too high so that it is burdensome to the men.
SOCIAL ENGINEERING IN THE PROGRAM OF MATURATION OF AGE MARRIAGE Syafei, Ermi Suhasti; Ihab Habudin
ADHKI: Journal of Islamic Family Law Vol 1 No 1 (2019): Journal of Islamic Family Law
Publisher : ADHKI Indonesia

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Abstract

The tradition of early marriage is a classic social problem faced by several regions. In the past four years this tradition has declined significantly, especially in Gunung Kidul, Yogyakarta. This achievement was influenced by the existence of a creative program in the form of a program of maturation of age marriage. This article explains the process of procuring a program of maturation of age marriage in Gedangsari Subdistrict, Gunungkidul Regency. The results of the study indicate the provision of a program of maturation of age marriage to prevent the occurrence of child marriage involving various related organizations and institutions. This program is very effective in reducing the rate of child marriage in Gedangsari. This program can be interpreted as social engineering so that social changes occur in the community through the process of adaptation, efforts to achieve goals, integration and latency of systems and social structures. Social engineering through law enforcement is built on rational and legal (rational-legal) arguments.
PENGUATAN REGULASI DALAM PENCEGAHAN DAN PENANGGULANGAN PERKAWINAN ANAK Nazli, Nurnazli
ADHKI: Journal of Islamic Family Law Vol 1 No 1 (2019): Journal of Islamic Family Law
Publisher : ADHKI Indonesia

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Abstract

This article elaborates on solutions to promote and strengthen the regulation preventing child marriage practices in Indonesia, so the purpose of marriage that to create a happy and eternal family will be created based on the One True God. The equality paradigm in determining the minimum age of marriage has been realized by the Indonesian Government by raising Law No. 16 of 2019 on Amendment to Law No 1 of 1974 on Marriage. Article 7 paragraph (1) on the Post Revised Marriage Law explains that the minimum age for a marriage is 19 years and no age difference between spouses (men and women). The purpose of the Act is the Indonesian government can be more serious in minimizing the child marriages that still happen today. This research found that the following steps can strengthen the regulation preventing child marriage. First, create intense communication within the family. Secondly, it involves the judiciary in the context of enforcing rules regarding the age limit of marriage. Third, the Supreme Court must immediately make rules that can complicate marriage dispensation. Fourth, providing socialization related to the rule of law regarding the minimum age for marriage and counseling about the negative effects of child marriage. Fifth, open opportunities for adolescents to develop their potential, so that the gap in the child marriage can be minimized. To realize these steps, the government, parents and the community must work together in accordance with their respective capacities.
PENERBITAN KARTU NIKAH DI ERA DIGITAL PERSPEKTIF MASLAHAH Zakiyatul Ulya
ADHKI: Journal of Islamic Family Law Vol 1 No 1 (2019): Journal of Islamic Family Law
Publisher : ADHKI Indonesia

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Abstract

Giving a marriage card together with marriage book for a married couple after the marriage contract is completed, as a consequence of the issuance of Peraturan Menteri Agama Nomor 19 Tahun 2018 tentang Pencatatan Perkawinan, has caused polemics among the public, especially regarding the urgency of issuing the card. In this case, some cicles consider that the issuance of marriage cards has a positive impact in facing demands in the digital era, especially in terms of efficiency, originality and data integration; on the contrary some other circles stated that the issuance of marriage card was not necessary given the existence of a marriage book so that it could potentially waste the budget, but this opinion was countered. If viewed from the aspect of its existence, the issuance of marriage cards includes maslahah mursalah because it is not all supported or rejected by the dalil syara?, but in line with syara law; in terms of the level of their needs, including maslahah hajiyah because it complements the existence of a marriage book so that it makes it easier to live life and eliminate the difficulties associated with hifdh al-nasl; in terms of its content, including maslahah ?ammah because it relates to interests of the majority of Indonesian citezens; in terms of its content, including maslahah mah ammah because it relates to the interests of the majority of Indonesian citizens; and in terms of changes, including maslahah mutaghayirah because it allows for changes in human human needs related to proof of marital status in line with the changing era.
PERCERAIAN DAN PERNIKAHAN DINI DI KABUPATEN SEMARANG Nizar, Muchamad Coirun; Ghofar Shidiq
ADHKI: Journal of Islamic Family Law Vol 1 No 2 (2019): Vol. 1, No. 2, Desember 2019
Publisher : ADHKI Indonesia

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Abstract

The obscurity of the ideal age for a marriage in classical fiqh reference requires the existence of ijtihad among contemporary jurists to determine the ideal age limit for a marriage. The result of the ijtihad is the formulation of a Compilation of Islamic Law which among one of the articles discusses the minimum limit for someone who will hold a marriage (article 15 KHI) which is 21 years. Including the phenomenon that is rife in Indonesia is the rise of early marriage. Early marriage is defined as a marriage that takes place before maturity is reached both physically and psychologically. In an ideal setting, a marriage continues until death approaches one married couple as exemplified by Rasulullah SAW. But now, divorce occurs in many areas. Divorce occurs because of conflict between husband and wife, or the lack of compatibility between both husband and wife to continue the household. This article is the result of a research linking the occurrence of early marriage and divorce rates in Semarang. The object of this research is the decisions in PA Ambarawa ruling relating to divorce and marriage dispensation requests. In the end, the rise of cases of early marriage in Semarang Regency is due to the rise of free association between teenagers. The results of this study concluded that some divorce decisions in PA Ambarawa in 2014 occurred against the background of early marriage.
ANAK ANGKAT DALAM PERATURAN DI INDONESIA usman, munadi
ADHKI: Journal of Islamic Family Law Vol 1 No 1 (2019): Journal of Islamic Family Law
Publisher : ADHKI Indonesia

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Abstract

The adoption of children in Indonesia is a long standing tradition with varied motives and goals depending on the customs of the people of a region or those who adopt children. Due to the large number of child adoptions, the government has issued several regulations relating to child adoption in the form of law, government regulation and Ministerial regulation. This study wants to examine the extent to which these regulations have accommodated the rights of adopted children in the family. This research is included in the study of normative law with the aim of analyzing the rules of adoption of children in Indonesia through a human rights approach or in Islam known as maqashid al-shariah.
DASAR WAJIB MEMATUHI UNDANG-UNDANG PERKAWINAN (UUP): STUDI PEMIKIRAN MUHAMMAD ‘ABDUH Nasution, Khoiruddin
ADHKI: Journal of Islamic Family Law Vol 1 No 1 (2019): Journal of Islamic Family Law
Publisher : ADHKI Indonesia

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Abstract

One reason why the Marriage Law (UUP) is not obeyed is related to the status of compliance. According to the majority of Muslims, the status of obeying the contents of the UUP is related to and is a matter of the State, not related to the legality of religion, not related to the validity of marriage. Instead Muhammad 'Abduh is a thinker who believes that obeying the UUP is part of an obedient obligation to the government (uli al-amr), the same status as being obliged to obey Allah and His messengers, as required in al-Nisa' (4): 59 and 83. Thus, obeying the UUP is part of implementing compliance with the government. So obeying UUP is an obligation for every Muslim. Likewise, the UUP as a decision of people's representatives is an expression of the agreement of all the people. The people are represented by people who are elected by the people (people's representatives), because to gather all the people, at present, is impossible. So the decision of the people's representatives is positioned as the decision of all the people. The decision of the people's representatives for now becomes ijmâ ?, the third source of Islamic law after the Qur'an and the Sunnah of the Prophet Muhammad SAW. The final basis stipulates the obligation to obey the Marriage Law, compared to fiqh, fatwa, interpretation, and jurisprudence, as a product of Islamic legal thinking, the UUP occupies the most authoritative and comprehensive position, because the UUP is the result of the minds of many scholars and expertise. This paper tries to explain the concept of ?Abduh.
REKONTRUKSI BATAS USIA PERKAWINAN PASCA PUTUSAN MK NO. 22/PUU-XV/2017 SEBAGAI PENGUAT BANGSA DI ERA INDUSTRI 4.0 Zain, Muhammad Fuad; Ansori, Ansori
ADHKI: Journal of Islamic Family Law Vol 1 No 1 (2019): Journal of Islamic Family Law
Publisher : ADHKI Indonesia

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Abstract

The construction of the Islamic Jurisprudence School contained in the Compilation of Islamic Law, and the Marriage Law collides with the era, especially at the age of marriage. Post the Constitution Court Verdict Number 22/ PUU-XV/ 2017 requires the state to immediately revise where the ideal age limit for male and female marriages becomes 18 years or 19 years. On the other hand, there are still many marital dispensations caused by legitimate extramarital pregnancy. This is homework for the state. The term b?'ah or is?i?a?ah in fiqh must be by the era, especially in the era of Industry 4.0, where the country that cannot adapt will be increasingly left behind. The concept of seriousness in the theory of Us?u?l al-Fiqh must be developed by seeing living law in Indonesian society in the framework of family law reform in Indonesia to build humanity as a whole for the creation of a great nation as the ideals of the nation?s founding father without having to harm the essence of Syariah itself.
INTEGRASI YURIDIS NORMATIF DAN PSIKOLOGIS UNTUK MERAIH CINTA DAN BAHAGIA DALAM UNDANG-UNDANG PERKAWINAN DI INDONESIA Nafisah, Durotun
ADHKI: Journal of Islamic Family Law Vol 1 No 1 (2019): Journal of Islamic Family Law
Publisher : ADHKI Indonesia

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Abstract

The Marriage Law in Indonesia (UUP) is a positive legal rule in building a family. The UUP for example states that the purpose of marriage is to form a happy family, while the obligations of a husband and wife are to love, respect, respect and be loyal. Happiness, love, respect and loyalty are part of the psychological domain that cannot be achieved by merely reading normative juridical rules. Therefore a psychology study is needed to study the UUP. In addition to the psychological aspects, it is also important to study the UUP with a normative approach to see whether the UUP elaborates the normative values ??of the Qur'an as a source of Islamic teachings. The background of this paper is compiled with the aim of explaining the manifestations of psychological aspects formulated in the UUP so that it can be a reference for implementation in building families and analyzing the normative values ??of the Qur'an absorbed by the UUP. Therefore this UUP study was conducted with an integrated approach to normative and psychological juridical. This study also aims to develop family law with an integrative juridical psychological approach. The primary data sources used are the book of the Qur'aan by Quraysh Shihab, UUP and the book Motivation and Personality which examines happy psychology by Abraham H. Maslow and Triagular Theori of Love which discusses the theory of love in psychological perspective by Robert. J Steinberg as well as secondary sources related to research. The results of this study indicate that forming a happy family as a marriage goal is in harmony with Q.S. ar-Rum (30): 21. While in a psychological perspective marital happiness can be achieved by a husband and wife can achieve if fulfilled the five basic human needs (hierarchy of needs) in humanistic psychology namely: physiological, security, social, appreciation and self-actualization needs. While husband and wife love is manifested in three aspects, namely attachment, caring and intimacy.

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