cover
Contact Name
Muhamad Bisri Mustofa
Contact Email
bisrimustofa@radenintan.ac.id
Phone
+6281278040620
Journal Mail Official
ejournaliaias@gmail.com
Editorial Address
http://journal.iai-agussalimmetro.ac.id/index.php/alqadhi/EDITORIAL-TEAM
Location
Kota metro,
Lampung
INDONESIA
Al Qadhi : Jurnal Hukum Keluarga Islam
ISSN : 26854317     EISSN : 26863685     DOI : https://doi.org/10.47902/alqadhi.v1i1
Core Subject : Religion, Social,
Al Qadhi : Jurnal Hukum Keluarga Islam. Jurnal ini adalah wadah bagi peneliti dan pemerhati hukum keluarga islam dan hukum islam, untuk dapat mengambangkan keilmuan dalam rangka pemenuhan tri dharma perguruan tinggi, terutama dibidang hukum keluarga islam, hukum islam, dan hukum perdata
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
Upaya Penanggulangan Tindak Pidana Perdagangan Wanita (Traffiking in Women) oleh Pemerintah Kabupaten Lampung Timur Mesta Wahyu Nita, M.H
Al Qadhi Journal of Islamic Family Law Vol 1 No 1 (2019): Hukum Keluarga Islam
Publisher : International Journal of Publication Unit (IUJP) Agus Salim Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (436.415 KB) | DOI: 10.47902/alqadhi.v1i1.11

Abstract

ABSTRAK Kabupaten Lampung Timur merupakan kabupaten dimana masih banyak masyarakat yang memiliki tingakat ekonomi dan pendidikan yang rendah, sehingga banyak menjadi sasaran korban pedagangan orang. Upaya penanggulangan tindak pidana perdagangan wanita yang dilakukan oleh pemerintah Kabupaten Lampung Timur adalah upaya penanggulangan secara non penal yaitu dengan adanya dukungan program melalui Pendidikan Kecakapan Hidup, sosialisasi dan kampanye Pemberantasan Tindak Pidana Perdagangan Orang dan Eksploitasi Seksual Anak melalui media elektronik, media cetak, media tradisional, dan melalui komunitas. Faktor penghambat dalam upaya penanggulangan tindak pidana perdagangan wanita adalah adanya kesulitan dalam upaya penegakan hukumpidana tergadap pelaku perdagangan wanita karena bentuk kejahatannya yang tersembunyi dan terorganisir serta sulit melakukan pendataan terhadap jumlah korban, karena korban sendiri tidak mau melaporkan kejahatan yang dialaminya. Sehingga penegak hukum sulit untuk mencari alat bukti dari saksi/korban.
Wakaf Uang Terhadap Program Pengetasan Kemiskinan di Kota Metro Tri Wahyuni, M.H
Al Qadhi Journal of Islamic Family Law Vol 1 No 1 (2019): Hukum Keluarga Islam
Publisher : International Journal of Publication Unit (IUJP) Agus Salim Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (491.65 KB) | DOI: 10.47902/alqadhi.v1i1.12

Abstract

Abstract In the provisions of the law there are two models of money waqf, namely waqf money for a certain period of time and endowments of money forever. A certain period of money waqf must be invested in banking products to make it safer and easier for the waqf party to receive the money back at maturity. While endowments of money are forever, na-zir has full authority to manage and develop waqf money to achieve the goals of their waqf. If investment activities use waqf collection funds, then for the net business profits of this investment (ie gross income minus operating costs), it will be distributed in accordance with the provisions of the waqf law, namely 90% of the profits will be intended for endowments (mauquf 'alaih) and 10% for manager or offline receipts. The managed money waqf can have a multiplier effect on the economy of Metro City, both the results of waqf investment are given in the form of economic sector assistance and non-economic sectors. These results will directly and indirectly be able to provide a significant influence in alleviating poverty. The Metro Waqf Movement is a voluntary movement that invites all campus residents to move together. Cash Waqf is a waqf mechanism for building the endowment of the ummah. By representing once but reward without stopping. In contrast to alms which are once used up, cash waqf can be developed into business units and the results are for the benefit of the ummah. So far, cash waqf has been carried out by IAIN Metro lecturers and employees voluntarily. We do cash waqf by setting aside monthly salary according to willingness. We are optimistic that this voluntary movement will increasingly invite other people to get involved without coercion. For this reason, socialization of waqf money must be continuously campaigned by all parties, especially on the Agus Salim Metro IAI Campus.
Wali Nikah bagi Janda di Bawah Umur dalam Persfektif Hukum Islam Muharir, M.E.Sy
Al Qadhi Journal of Islamic Family Law Vol 1 No 1 (2019): Hukum Keluarga Islam
Publisher : International Journal of Publication Unit (IUJP) Agus Salim Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (293.834 KB) | DOI: 10.47902/alqadhi.v1i1.14

Abstract

Abstract Imam Maliki, Imam Syafi'i, and Imam Hambali based on the opinion of the four priests of a widow who will remarry must with the consent of his guardian and he should not marry himself. So if the widow is remarried then the presence of a guardian for marriage is a must and marriage without a guardian is not legal. Imam Hanafi, according to the opinion of Hanafi imam, the marriage of a widow without legal guardian is legitimate but the guardian may prohibit the marriage if the marriage is deemed incompatible with religious shari'ah. Guardian marriage widow must exist in marriage even though he has no right to force or prevent widowed marriage the. If the marriage guardian of the widow disagrees and has no clear reason for his rejection then his marriage guardian may be replaced by a judge. The marriage guardian of a widow must also the conditions of the marriage guardian and according to the order of marriage guardian in Islamic.
Problematika Nikah Misyar dalam Tinjauan Sosiologis dan Psikologis Agung Tri Nugroho, M.Sy
Al Qadhi Journal of Islamic Family Law Vol 1 No 1 (2019): Hukum Keluarga Islam
Publisher : International Journal of Publication Unit (IUJP) Agus Salim Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (483.614 KB) | DOI: 10.47902/alqadhi.v1i1.16

Abstract

ABSTRACT In this study reveals various problems concerning Misyar Wedding (tamasya) which in its term is Marriage which in which the woman gets part of his rights which is arranged at the time of the marriage contract, such as not getting a place to live, livelihood and continuity to live with it. While in KHI 1974 According to Islamic Religion, Marriage is one of the forms of worship that the holiness needs to be maintained by both parties both husband and wife. And his marriage aims to form a happy, prosperous and everlasting family forever. Marriage requires maturity and physical and mental preparation because marriage / marriage is something sacred and can determine a person's way of life. If seen from the review of Psychology and sociology then there will be many polemics that arise from the rights and responsibilities of the husband in the living more specifically the child's future and psychological child, this issue should be Ministry of Religious institutions under the Government of Indonesia need strict supervision by the practice of marriage Misyar by applying regulation in the regions of Indonesia and the implications of the marriage.
Penentuan Massa Iddah Bagi Istri yang di Talak di Luar Sidang Pengadilan Agama M. Sirojudin Siddiq, M.H
Al Qadhi Journal of Islamic Family Law Vol 1 No 1 (2019): Hukum Keluarga Islam
Publisher : International Journal of Publication Unit (IUJP) Agus Salim Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (293.025 KB) | DOI: 10.47902/alqadhi.v1i1.17

Abstract

Abstract In the fiqh the determination of the beginning of the period 'iddah depends on the condition of the woman when divorce occurs in a sacred state while menstruating, has been collected during the holy period or not menstruating. menstrual women divorced during menstruation or who have gathered at the time of divorce 'the iddah began to be counted in the aftermath of the holy period. And for women who are not menstruating,' the date is calculated from the day of the fall. In KHI ‘iddah is calculated since the divorce determination has a permanent legal force. Determination of permanent legal force if there is no legal remedy from the defendant during the deadline for filing legal proceedings. If there is a legal remedy, then ‘iddah is calculated since the legal determination has been fixed. The implementation of the determination of the beginning of the period ah iddah is carried out by KUA based on the date of the top / main sentence contained in the contents of the actacerai. The top date on the divorce certificate is the date on which the actatak readings on the divorce divorce or the date of the decision of the legal force remain in the claim.
Pernikahan Wanita Hamil Karena Zina (Married by Accident) dalam Persfektif Sosio Kultural Masyarakat Metro Utara (Studi Tentang Dampak dan Upaya Penanggulangannya) Fatkul Mujib, M.H
Al Qadhi Journal of Islamic Family Law Vol 1 No 1 (2019): Hukum Keluarga Islam
Publisher : International Journal of Publication Unit (IUJP) Agus Salim Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (338.226 KB) | DOI: 10.47902/alqadhi.v1i1.18

Abstract

Abstract Marriage of pregnant women because of adultery is a legal matter as well as a social problem. Based on research on the reality of marriage of pregnant women due to adultery that occurs in Metro North District, the following matters can be concluded: Metro North people's perceptions of the legal provisions related to the marriage of pregnant women because adultery is largely influenced by the function of social institutions through religious leaders and community leaders, this has implications for the effectiveness and understanding of the public regarding formal law regarding the issue of pregnant marriage. Marriage of pregnant women due to adultery that occurs in Metro Utara Subdistrict as a social reality which is considered normal then constructs the sociological paradigm of the community of Metro Utara Subdistrict, which empirically describes the people's passivity towards the case of pregnant women due to adultery. Countermeasures for the issue of marriage of pregnant women due to adultery have been carried out by various parties in Metro Utara. These efforts include preventive, curative and repressive efforts. However, the existing efforts are still pragmatic and incidental.
Hukum Nafkah Terhadap Keluarga pada Gerakan Transnasional Keagamaan Muhamad Bisri Mustofa, M.Kom.I
Al Qadhi Journal of Islamic Family Law Vol 1 No 1 (2019): Hukum Keluarga Islam
Publisher : International Journal of Publication Unit (IUJP) Agus Salim Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (910.864 KB) | DOI: 10.47902/alqadhi.v1i1.19

Abstract

Abstract Since the emergence of the Transnational Da'wah Movement such as the Tablighi Jama'at, it has created contradictions about the Law of Providing both birth and mentality to the family left in the Khuruj fii sabilillah program (Exiting the Way of Allah) to preach the ummah from house to house, mosque to mosque, inviting listen to Muslims (religious lectures) and invite to pray in congregation in the mosque. From the development of Jama'ah Tabligh's missionary movement in Indonesia, this movement has experienced quite rapid development. Not only is the movement that has a Jama'at quite rapidly, it is marked by the presence of da'wah markers (da'wah centers) in each Province and District of the City. But in the development of the da'wah movement there are several things that become contradictions in the family, in this case the provision of income to children and wives who are left behind when their household heads implement Khuruj fi sabilillah for 3 days, 40 days and 4 months. Therefore, this paper takes the theme of the Law of Livelihood Against Families in the Tabligh Jama Da'wah Movement in a comprehensive manner. Keywords: Family Livelihood, Religious Transnational Movement.
Ketahanan Keluarga dalam Persfektif Hukum Islam di Masa Pandemi Covid-19 Mesta Wahyu Nita
Al Qadhi Journal of Islamic Family Law Vol 4 No 1 (2022): Al Qadhi : Jurnal Hukum Keluarga Islam
Publisher : International Journal of Publication Unit (IUJP) Agus Salim Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (348.851 KB) | DOI: 10.47902/alqadhi.v4i1.213

Abstract

Disasters and disasters are a necessity that must be faced by every human being. As a believer, regardless of the form of disaster, it will be interpreted as a form of God's love for his people and creatures. As an event that befell mankind, it is essentially a test and trial for mankind's faith as caliph on earth. The monotheism of Muslims will be determined by the events that befall humans, it's just a matter of how to react to the test. The disharmony factor in the family is one of the causes of the breakdown of family communication and will lead to divorce between husband and wife. Disharmony can be caused by a shift in marital values. Couples do not understand the essence and purpose of marriage, having a family which is one of the values ​​in family resilience. Family resilience is one of the factors of harmony in the household. This will have implications for harmony in the social community where it is located. Household values ​​based on religious values ​​need to be understood as a shared need in the family. Family harmony and happiness which is one of the goals can be realized.
Efektifitas Pelaksanaan SUSCATIN di Wilayah Hukum KUA Sekampung dalam Upaya Mencegah Terjadinya Perceraian Dyah Ayu Vijaya Laksmi
Al Qadhi Journal of Islamic Family Law Vol 4 No 1 (2022): Al Qadhi : Jurnal Hukum Keluarga Islam
Publisher : International Journal of Publication Unit (IUJP) Agus Salim Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (316.248 KB) | DOI: 10.47902/alqadhi.v4i1.214

Abstract

There were 4 divorce cases experienced by Suscatin participants from the Sekampung District. The causes of divorce include economic factors, domestic violence, and disputes between husband and wife. Based on the interview with the head of the Sekampung KUA, it is known that at the Sekampung KUA Suscatin has been held since 2017. Suscatin's materials include marriage procedures and procedures, legislation in the field of marriage and family, rights and obligations of husband and wife, reproductive health, and family management. Sucatin speakers are delivered by competent experts in their fields. Among them are: from BP4, health workers and academics. The allocation of time used for the implementation of 2 to 3 hours per meeting, and can be extended if there is a request frThere were 4 divorce cases experienced by Suscatin participants from the Sekampung District. The causes of divorce include economic factors, domestic violence, and disputes between husband and wife. Based on the interview with the head of the Sekampung KUA, it is known that at the Sekampung KUA Suscatin has been held since 2017. Suscatin's materials include marriage procedures and procedures, legislation in the field of marriage and family, rights and obligations of husband and wife, reproductive health, and family management. Sucatin speakers are delivered by competent experts in their fields. Among them are: from BP4, health workers and academics. The allocation of time used for the implementation of 2 to 3 hours per meeting, and can be extended if there is a request from Suscatin participants who do not understand the material. . The implementation of Sucatin at the KUA in Sekampung District is still not in accordance with the Islamic Guidance Guidelines number DJ 11/491 of 2009 concerning Sucatin. Both related to materials, methods and resource persons as well as time allocation. This was due to the following findings: 1) Submission of Suscatin's material was only delivered at a glance and lacked depth. 2) The resource persons who delivered the Suscatin material only came from the KUA officers of the Sekampung District. 3) The dominant method used by resource persons in delivering Suscatin material is the lecture method. 4) The allocation of time used in the implementation of Suscatin at the KUA in the Sekampung sub-district was not fully carried out for 24 hours of lessons.om Suscatin participants who do not understand the material. . The implementation of Sucatin at the KUA in Sekampung District is still not in accordance with the Islamic Guidance Guidelines number DJ 11/491 of 2009 concerning Sucatin. Both related to materials, methods and resource persons as well as time allocation. This was due to the following findings: 1) Submission of Suscatin's material was only delivered at a glance and lacked depth. 2) The resource persons who delivered the Suscatin material only came from the KUA officers of the Sekampung District. 3) The dominant method used by resource persons in delivering Suscatin material is the lecture method. 4) The allocation of time used in the implementation of Suscatin at the KUA in the Sekampung sub-district was not fully carried out for 24 hours of lessons.
Mahar dalam Tinjauan Hukum Islam Parlindungan Simbolon
Al Qadhi Journal of Islamic Family Law Vol 4 No 1 (2022): Al Qadhi : Jurnal Hukum Keluarga Islam
Publisher : International Journal of Publication Unit (IUJP) Agus Salim Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47902/alqadhi.v4i1.215

Abstract

The dowry is one of the conditions for a valid marriage. The obligation to give a dowry and all provisions related to marriage have been regulated in detail in Islam and have been exemplified by the prophet of Islam. What has been exemplified in Islamic sharia in the Koran and the hadith of the Prophet, not all of them can be implemented by Muslims today. Not a few Muslims who prioritize the provisions of adar in giving dowry. Giving dowry in Islam is the obligation of a husband to his wife whether paid in cash or credit based on the agreement of both parties. Dowry or dowry does not have to be with property but may be with services and teachings of the Qur'an. The dowry is fully the property of the wife and the husband may not take it unless there is permission from the wife. If the amount of the dowry is not stated in the marriage contract, then the woman is obliged to get a mitsil dowry which is the same as the dowry of women in her family. If there is a divorce before there is a husband and wife relationship, the husband is not obliged to give a dowry. However, if the husband and wife relationship has occurred, the husband must give all the dowries in accordance with the agreed amount.

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