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El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law

Hadhanah
Website

Published by Universitas Islam Negeri Ar-Raniry Banda Aceh

ISSN : 28291042 EISSN : 28290666 DOI : https://www.doi.org/10.22373/hadhanah

Core Subject : Religion, Social,

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Focus El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law focused on Family Law and Islamic Law and present developments through the publication of articles, research reports, and book reviews. Scope El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law specializes in Family Law And Islamic Law and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines. • Family law • Inheritance law • Islamic criminal law • Islamic economy law • Islamic constitutional law • Islamic law and gender • Islamic law and society • Islamic law and politics

Arjuna Subject : Ilmu Sosial - Hukum

Articles 71 Documents

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Penerapan Sanksi Bagi Pelaku Nikah Siri Dalam Fatwa MPU Aceh Nomor 1 tahun 2010 Tentang Nikah Siri Agustin Hanapi; Sudjah Mauliana
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 1 (2022): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Some society assumed that all person who perform marriages under the hands or unregistered marriages are marriages that are carried out secretly without the knowledge of official officers, namely mariages record officer. Unregistered marriages become a problem in the community that canâ€™t stop it soon, more harm than good. Unregistered marriages can also have a big impact on the consequences of the marriages law there is especially an bad effect on women and children. Now a days much of all still many unregistered marriages processed, because there are still many unofficial marriages with decision of false judge, therefore need for applicate the sanctions for the two perpetrators of unregistered marriages, in this case teh MPU Aceh have the create Fatwa about this problem one, so they must state a regulation to protect this habitual can not occur again in our community. Therefore, the researcher is interested in reviewing the application of sanctions for unregistered marriages perpetrators in MPU Aceh Fatwa No. 1 of 2010 concerning Siri Marriages. The research methods used are field research and literature research. The result in this study state that MPU Aceh applied sanctions for perpetrators of this series of marriages against false judge with imprisonment, the presence of false judge this unregistered marriages is viral now, therefore there needs to be sanctions applied. In the study of Maqasid Syarâ€™iyah the recording of marriages agreements falls into the category of primary benefits of Daruriyat that can protect and maintain the benefit of religion, soul, reason, offspring, and property. Related to offspring, because with the recording, for women children benefif from the wife gets an inheritance and the child gets.

Dasar Pertimbangan Hakim Terhadap Kesaksian Saksi Istifadah Dalam Perkara Itsbat Nikah Husni Mubarak; Sindi Rahmadani
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 1 (2022): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

This research is based on a case which registered in Mahkamah Syarâ€™iyah Kualasimpang as case number 10/Pdt.P/2021/MS.Ksg about istbat nikah wherein this case the witnesses who gave their testimonies were istifÄá¸ah witnesses whereas an istifÄá¸ah witness does not meet the criteria as a witness nor meet the matril requirements as regulated in clause 171 verse (1) HIR, clause 308 Rbg and 1907 The Book Of Civil Law all of which say every witness has to give their testimony based on what they saw, heard and experienced in an event while an istifÄá¸ah witness had only heard rumor or story from someone else that an event has occurred. Based on this witnessesâ€™ testimonies, judges authorized istifÄá¸ah witnesses to give their testimonies to be heard in trial. Therefore researcher is interested to study further on howcome judges to consider the authorization of istifÄá¸ah witnesses testimonies in istbat nikah case number 10/Pdt.P/2021/MS.Ksg and how Islamic law views the use of istifÄá¸ah witnessesâ€™ testimonies in an istbat nikah case. The methods used in this research are field study method and library study method with juridical normative approach. The result of the research claims that istifÄá¸ah witnessesâ€™s testimonies can be heard in trial as long as the testimonies given cannot be proved otherwise then the testimonies are true, it means as long the testimonies cannot be denied by another evidence, then two evidences in a form of document and testimony are sufficient, and by considering the matching of the testimonies given by the two witnesses then the testimonies given by istifÄá¸ah witnesses are acceptable as judgesâ€™ preasumption, Islamic law views this matter can only be applied in some cases, one of which is istbat nikah case, with this in mind judges grant the pleader I and the pleader II their plead.

Penundaan Kehamilan Melalui Alat Kontrasepsi Jenis Implan Ditinjau Dari Teori Maslahah Mursalah Khairani Khairani; Riadhus Sholihin; Ade Faizah
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 1 No 1 (2021): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Family planning (KB) among Muslims reap the pros and cons regarding its legal status. Family planning is synonymous with limiting the number of children. Actually, family planning is not limited to this definition, but includes family planning, including one of which is delaying pregnancy by using an implant type of contraception. The formulation of the problem from this research is what factors influence the people of Bubon District, West Aceh Regency, who are less interested in implanted contraceptives and how to use implants in terms of Maslahah Mursalah's theory. This research is a field research. Types and sources of data, namely primary data and secondary data. This research was conducted using a juridical sociological approach. The data collected was studied through descriptive analysis method. The results of the research analysis indicate that the factors that influence the people of Bubon District, West Aceh Regency, are less interested in implanted contraceptives because of lack of knowledge, lack of social support, and age. Delaying pregnancy using implant-type contraceptives contains benefits or goodness. According to Islamic law, postponing pregnancy using contraception is permissible, meaning delaying pregnancy which means preventing pregnancy temporarily to give space to previous births. Whereas limiting pregnancy has the meaning of preventing pregnancy forever after having a certain number of children, it is not allowed.

Upaya Kantor Urusan Agama Dalam Meminimalisir Nikah Melalui Kadi Liar Mohd. Kalam Daud; Nahara Eriyanti; Nani Ikhwana
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 1 No 1 (2021): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

In Indonesia, the procedure made for the Islamic community is that the marriage must be officially registered with the competent authority and published in accordance with the Marriage Law Number 1 of 1974 and must meet the requirements and pillars so that the marriage is valid. However, some people in North Singkil District still carry out their marriages that are not officially registered and the marriages are carried out through a guardian judge who is not appointed by the Minister of Religion or an official appointed by him, who is known in the community as a wild qadi. The formulation of the problem in this study is why people marry through illegal qadi, what are the obstacles and efforts of the North Singkil Religious Affairs Office in minimizing marriage through illegal qadi. In this study the authors use field research (field research). Based on the results of the study, the reasons why the people of North Singkil married through illegal qadi were because they were pregnant out of wedlock, avoiding administrative procedures, because of dishonest intentions, lack of education and understanding about marriage, and not old enough. The obstacles faced by KUA in minimizing marriages through cadiliar are: the lack of public awareness and understanding of the law, the absence of a firm sanction for those who marry through illegal qadi, and there are still many clerics who are willing to marry off on the grounds of avoiding adultery without registering their marriages with the KUA. The efforts made by the North Singkil KUA are to disseminate information to the public about the importance of registered marriages, conduct counseling on the registration of marriages and happy families through Islamic religious educators., as well as providing an explanation of marital problems at the time of the marriage ceremony.

Konsep Hadhanah Perspektif Mazhab Syafi'i dan Implementasinya dalam Putusan Mahkamah Syar'iyah Kota Banda Aceh Nomor 314/Pdt G/2017/MS Bna Burhanuddin A. Gani; Aja Mughnia
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 1 No 1 (2021): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Pembatalan Perkawinan Disebabkan Pemalsuan Identitas Nasaiy Aziz; Gamal Achyar; Bela Sari Dewi
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 1 No 1 (2021): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Keabsahan Pengucapan Ijab Kabul Menurut Pandangan Ulama Aceh Singkil Mahdalena Nasrun; Shalawati Shalawati
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 1 No 1 (2021): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

The pronunciation of Ijab Kabul is a phenomenon that the Aceh Singkil Ulama respond to in contradiction, so that it becomes an interesting material to be discussed according to the Aceh Singkil Ulama. The research question in this thesis is, How is the legal consent in marriage according to the views of the Aceh Singkil Ulama. And what is the legal basis used by the Aceh Singkil Ulama against the conditions for the validity of the consent and acceptance in the marriage contract. In the discussion of this thesis using (Field research). The data sources are primary data sources and secondary data sources. Based on the research results obtained show that; First, the pronunciation of Ijab Kabul is something that is easy to pronounce, not to be complicated for men and the Aceh Singkil Ulama make it easier to pronounce the Ijab Kabul for those who carry out this marriage, namely being able to use their own language (regional language), the most important thing is not to deviate from the meaning of marriage. (al-zawaj). Second, the legal basis regarding the pronunciation of consent and consent in Surah Az-Zariyat verse 49 "And we created everything in pairs so that you remember the greatness of Allah", that Allah has indeed promised in the Qur'an every creature on this earth was created. by God in pairs. And marriage is a job that is recommended for men who are able to get married so hasten to get married. And in the Qur'an it is also explained in Surah Al-Maidah verse 1 "O you who believe! Fulfill promises. Livestock is lawful for you, except what will be mentioned to you, by not making hunting lawful when you are in ihram (Hajj or Umrah). Verily, Allah sets the law according to what He wills." From the explanation above, it can be concluded that the pronunciation of marriage is something that is easy to say and a job that is recommended by Allah SWT.

Perceraian Disebabkan Impotensi Menurut Ibnu Hazm Novianti Novianti
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 1 No 1 (2021): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Pengelolaan Harta Warisan Antar Ahli Waris Shofia Hidayah
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 1 No 2 (2021): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Inheritance is property left by the testator after death. Inheritance in Islam is regulated in inheritance law, which is the law governing the transfer of property from a deceased person to a living family. In Islam, after a person dies, the inheritance he leaves must be immediately distributed to his heirs. But in fact, along with the development of the times, many things have changed, such as the inheritance distribution system in Islam, where people take the initiative to first manage their inheritance. Based on this, the authors are interested in researching this problem with the formulation of the problem, namely how are the practices, impacts, and views of Islamic law regarding the management of inheritance between heirs that occurred in Kayukul Village, Pegasing District, Central Aceh Regency. This research is a qualitative research with field research, the approach used is a normative-sociological approach. The legal materials used are primary legal materials and secondary legal materials sourced from books, scientific works and research results in the field. Data collection techniques used are observation and interviews. The result of this research is that in Gampong Kayukul the management of inheritance between heirs is carried out by working on and managing the estate in the form of a garden together which then the results are used for daily needs. Then the management of this inheritance has a positive impact on the individual or each heir, while the negative impact comes from external. Regarding the view of Islamic law on the management of inheritance between heirs, this is something that is permissible as long as there is a prior agreement between the heirs and there is the pleasure or willingness of all heirs.

Kedudukan Walimatul â€˜Urs Dalam Masyarakat Aneuk Jamee Dari Perspektif MaqÄá¹£id SyariÊ½ah Jabbar Sabil; Azka Amalia Jihad; Cut Putri Yulyana Mahendra
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 1 No 2 (2021): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Walimatul'urs is a recommendation in Islam. Walimatul 'urs aims as syi'ar and becomes a sunnah muakadah. In the Aneuk Jamee community, the traditional walimah has several series of customs running for seven days, thus many costs must be incurred during the implementation of this waimah. So that many people who have walimah choose to go into debt when they are going to have walimah. Walimah is considered important and has its own position for the Aneuk Jamee community. With this assumption, it is not uncommon to find that they are willing to borrow for the sake of carrying out walimah. In this study, the main problem in this study is how the practice of walimah 'urs in the aneuk jamee community and how the practice of walimatul 'urs in the aneuk jamee community from the perspective of maqÄá¹£id shariah. The data obtained by the authors were obtained from observations and interviews with the community and related traditional leaders. From the results of the research, many of the Aneuk Jamee community carry out walimah beyond their ability, with the seven-day traditional series that costs a lot so that debt is the best way for the implementation of walimah. Walimatul 'urs in the perspective of maqÄá¹£id shari'ah, if it is difficult then it is not in accordance with maqÄid shari'ah because in the context of maintaining the inheritance of marriage it should not be forced so that debt can cause harm to debtors whose purpose is to maintain existence in the community so that it causes redundancy.

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Aulil Amri

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jurnal.elhadhanah@ar-raniry.ac.id

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+6281375449819

Journal Mail Official
jurnal.elhadhanah@ar-raniry.ac.id

Editorial Address
Program Study of Family Law of Department Faculty of Sharia and Law of the State Islamic University of Ar-Raniry Banda Aceh, Aceh, Indonesia.

Location
Kota banda aceh,

Aceh

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Aulil Amri

Contact Email jurnal.elhadhanah@ar-raniry.ac.id

Phone +6281375449819

Journal Mail Official jurnal.elhadhanah@ar-raniry.ac.id

Editorial Address Program Study of Family Law of Department Faculty of Sharia and Law of the State Islamic University of Ar-Raniry Banda Aceh, Aceh, Indonesia.

Location Kota banda aceh, Aceh INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Aulil Amri

Contact Email
jurnal.elhadhanah@ar-raniry.ac.id

Phone
+6281375449819

Journal Mail Official
jurnal.elhadhanah@ar-raniry.ac.id

Editorial Address
Program Study of Family Law of Department Faculty of Sharia and Law of the State Islamic University of Ar-Raniry Banda Aceh, Aceh, Indonesia.

Location
Kota banda aceh,

Aceh

INDONESIA