El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
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
Articles
71 Documents
<![CDATA[Identifikasi Makna Kafa’ah Dalam Perkawinan ]]>
<![CDATA[Nasaiy Aziz]]>;
<![CDATA[Burmawi Junaidi]]>
<![CDATA[ El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 2 (2022): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry ]]>
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DOI: 10.22373/hadhanah.v2i2.1782
<![CDATA[Kafa'ah is one of the important things in marriage, this is intended to produce harmony in the household so that it can be nurtured and the creation of a happy and harmonious household. Islam provides guidelines for choosing a partner based on four important criteria, namely religion, wealth, descent, and beauty. The different views were expressed by community leaders in Gampong Lada Village, namely expanding the meaning of kafa'ah in marriage by adding educational, position and job criteria in interpreting the meaning of kafa'ah. The problem in this thesis is how the meaning and criteria of kafa'ah in marriage and how the community leaders of Gampong Lada interpret kafa'ah and its criteria in marriage. The type of research used by the author in compiling this thesis is descriptive qualitative research. The results of this study indicate that the community leaders of Gampong Lada Village are very understanding about the meaning of kafa'ah in marriage, because the community leaders of Gampong Lada are very knowledgeable about religious knowledge. Gampong Lada community leaders interpret kafa'ah as equality, equivalence, and harmony between the prospective groom and the prospective bride when they want to get married. And the community leaders of Gampong Lada are of the view that for now the aspects of property, education, work, and position are very relevant in terms of kafa'ah, but even so, community leaders in Gampong Lada Village, Mutiara Timur District, and Pidie Regency do not rule out the religious aspect of the kafa issue. At this point, the community leaders of Gampong Pepper view that the religious aspect as the most important aspect of the meaning of kafa'ah in marriage.]]>
<![CDATA[Efektivitas Pelaksanaan Sidang Keliling Dalam Perkara Isbat Nikah ]]>
<![CDATA[Novita Sarwani]]>
<![CDATA[ El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 2 (2022): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry ]]>
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DOI: 10.22373/hadhanah.v2i2.1808
<![CDATA[Isbat marriage is the ratification of marriage for the Muslim community which is carried out by the Religious Court/Syar'iyah Court in accordance with applicable regulations and isbat marriage is also an effort by the government for people who do not have a marriage certificate, so that they can re-establish their marriage. One of the annual programs from the government in this matter is the implementation of the marriage isbat circuit court program carried out by the Syar'iyah Court of Takengon Class IB. Based on the data received from the Takengon Syar'iyah Court and the Office of Religious Affairs (KUA) of Linge District regarding the isbat of marriage, there are still people who do not have a Marriage Certificate. Therefore, the problem of this thesis is how to carry out a mobile trial in the Isbat Marriage case at the Syar'iyah Court of Takengon Class IB, how is the effectiveness of the implementation of the circuit court in the Isbat Marriage case at the Syar'iyah Court of Takengon Class IB. The methods used in this paper are field research, library research using data collection techniques such as observation, interviews, and documentation conducted at the Syar'iyah Court of Takengon Class IB. The results of this study are the process of carrying out the trial in the settlement of isbat marriage cases through a mobile court held by the Syar'iyah Court of Takengon Class IB in Linge District in Central Aceh in the trial process there is no difference with the trial process at the court office starting from the procedures, the execution is the same. It only differs in the place where the trial is held. The results showed that based on the explanation of the theory of legal effectiveness, there were several theories that had not been fulfilled, so that the implementation of the circuit court in the isbat marriage case had not been effective.]]>
<![CDATA[Dampak Penundaan Pembagian Harta Warisan Di Kecamatan Kota Jantho Kabupaten Aceh Besar ]]>
<![CDATA[Tarmizi M Jakfar]]>;
<![CDATA[Gamal Achyar]]>;
<![CDATA[Dinda Farina Rizqy]]>
<![CDATA[ El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 2 (2022): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry ]]>
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DOI: 10.22373/hadhanah.v2i2.1835
<![CDATA[Inheritance is a science that studies the process or method of transferring the heirs' (deceased) property to their heirs and how much each heir gets. As is known, inheritance is an asset that is distributed after the owner dies. Inheritance is one of the problems that is very influential in everyday life; if the inheritance cannot be shared among families, there will be quarrels between families. The questions in this thesis are the reasons for the delay in the distribution of inheritance in the Jantho District, Aceh Besar District, the impact of the delay in the distribution of inheritance in the Jantho City District, Aceh Besar District, and a review of Islamic law delaying the distribution of inheritance in the Jantho District, Aceh Besar District. In this research, the author uses field research methods and library research methods using interview techniques. The results of the study The reasons behind the delay in the distribution of inheritance in the District of Jantho City, Aceh Besar Regency, are three, namely: the agreement of the heirs to delay the distribution of the inheritance; the heirs are still small or have not been able to manage the inheritance; and discussing the inheritance after the heir dies. Death is considered taboo by some people. The reasons behind the delay in the distribution of inheritance in the Kota Jantho sub-district, Aceh Besar district, are as follows: the breakdown of friendship between the heirs; the change in the status of the inheritance to private land; and the occurrence of disputes between families. In Islamic law, delaying the distribution of inheritance is not recommended; however, the postponement may be done for certain reasons or with syar'i udzur and with the approval of other heirs. However, if the delay in the distribution of inheritance is carried out for years, it will certainly cause problems in the future.]]>
<![CDATA['Urf Pernikahan Warga Gampong Padang di Kecamatan Setia Bakti Kabupaten Aceh Jaya ]]>
<![CDATA[rahmayani rahmayani]]>;
<![CDATA[Ihdi karim]]>;
<![CDATA[Nahara Eriyanti]]>
<![CDATA[ El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 2 (2022): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry ]]>
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DOI: 10.22373/hadhanah.v2i2.1848
<![CDATA[There are often various customs of marriage customs in society. From these marriage habits, some are not contrary to Sharia but there are also the opposite. For this the customs/customs of marriage need to be traced using the review of 'urf, so that it is thus identified whether it belongs to 'urf shahih or 'urf fasid. From that, this study formulated two problems, including how the marriage habits carried out by a small number of Gampong Padang residents and what 'urf reviews these marriage habits are. To answer these two formulations, the author uses a library research method with several approaches, namely the case approach, legislation, and the 'urf theory approach. The result obtained from this study is that there is a small percentage of Gampong Padang residents who hand over the fate of their marriage to someone who is held under the name waled / walidi. After collecting several waled people then determined a mate against them. After the arranged marriage proceeds to the stage around sawa mountain, to the tomb of ureung malem for the ritual summoning of ancestral spirits and sirri marriage. Based on these data, researchers categorize the marriage habit into two forms of 'urf, namely shahih and fasid. What is included in the urf shahih is the arranged marriage and marriage of sirri, the arranged marriage is done voluntarily and so is the sirri marriage carried out according to the marriage. Meanwhile, what is included in the 'urf fasid is to surround the sawa mountain and to the tomb of the mountain malem for ancestral spirit summoning rituals, because it contains shirk and adultery. It should not be a custom that is fasid because a concept of custom can be done if it does not conflict with the syara'.]]>
<![CDATA[Tinjauan Hukum Islam Mengenai Tanah Wakaf Yang Diambil Kembali Oleh Ahli Waris ]]>
<![CDATA[Arifin Abdullah]]>;
<![CDATA[Lispaini Lispaini]]>
<![CDATA[ El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 1 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry ]]>
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DOI: 10.22373/hadhanah.v3i1.2132
<![CDATA[This research is motivated by the problem of Waqf Land which has been built by the Religious Affairs Office in Teladan Baru Village, Rundeng District, Subulussalam City, which one of its heirs wants to take back, due to personal interests. So researchers are interested in researching, how are people's perceptions of waqf land in Teladan Baru Village, Rundeng District, Subulussalam City and what are the provisions of Islamic Law regarding Waqf Land Reclaimed by Heirs in Teladan Baru Village, Rundeng District, Subulussalam City. The research method used in the preparation of this thesis is field research and interviews. The results in this study are the public's perception of the land donated by Pak Udin, so the community does not agree if the heirs take back the waqf land because the waqf land is still being used properly and properly, so there is no strong reason for the heirs take the waqf land again. However, the scholars of the Imam school of thought differ in terms of understanding the waqf itself, Imam Abu Hanifah is of the opinion that the assets that have been donated remain the property of the person who has made the endowment and may be withdrawn. Imam Maliki may give waqf for a certain period of time, and when the specified period passes, it is permissible for the person giving the waqf to take back the property that has been donated. Imam Syafi'i is of the opinion that the assets that have been donated are completely independent of the beneficiary who has donated them, and belong to Allah. And the Hambali school says that the waqf releases the waqf property from the ownership of the waqf property. So the Waqf Land that has been donated in Teladan Baru Village, may not be taken back by the heirs with the opinion of the previous scholars and with the reason that the heirs are not acceptable to the community and the Ministry of Religion.]]>
<![CDATA[Perlindungan Hukum Terhadap Pekerja Dengan Perjanjian Kerja Waktu Tertentu Di Indomaret Cabang Bireuen Berdasarkan Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta kerja ]]>
<![CDATA[Ade Soraya]]>
<![CDATA[ El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 1 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry ]]>
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DOI: 10.22373/hadhanah.v3i1.2353
<![CDATA[A Fixed Time Work Agreement is a work agreement between a worker or laborer and an entrepreneur to enter into a working relationship for a certain time or for a certain job. Specific Time Work Agreements are based on a certain period of time or the completion of a specific job in occordance with a work agreement. The article on specific time work agreements is governed by Article 59 of Law No. 11 of 2020 on job creation. The Indomaret Bireuen branch company, which is engaged in franchising, must comply with and implement the provisions contained in Law Number 11 of 2020 concerning Job Creation. This study aims to determine the forms of legal protection for workers with work agreements for a certain time or contract workers at the Indomaret Bireuen branch and to find out the factors that become obstacles to the implementation of legal protection for workers or labor at the Indomaret Bireuen branch. The method used in this research is empirical juridical research, which is an approach that refers to written regulations to observe their implementation through field research. The results of this study state that legal protection for workers with work agreements for a certain time at the Indomaret Bireuen branch can be said to be in accordance with applicable regulations. However, there are still several forms of legal protection that have not been fully implemented, such as those for workers who still have to work beyond their normal working hours. There are several factors that impede the implementation of legal protection for workers/laborers, including a lack of legal awareness on the part of employers or companies and workers, and factors related to work agreements.]]>
<![CDATA[Fasakh Nikah Karena Penyakit Dalam Hukum Keluarga Islam Perak Malaysia ]]>
<![CDATA[Salman Abdul Muthalib]]>
<![CDATA[ El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 1 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry ]]>
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DOI: 10.22373/hadhanah.v3i1.2614
<![CDATA[Scholars of Islamic jurisprudence have formulated several types of diseases that can be used to get a marriage thrown out. This topic has also been included in the Perak Islamic Family Law to regulate family life for its people. With the advancement of medical science, some of the diseases highlighted by scholars in the past have been found to be curable, while new types of diseases have emerged that pose a threat to the affected person and may affect the provisions of the Perak Family Law. Therefore, the Islamic law applied should be in line with the current developments of the time. This study examines several types of diseases in the Perak Family Law that can allow someone to file for divorce and whether these diseases are still relevant given current medical advancements. The results show that the diseases mentioned in Perak family law can no longer be used as a valid reason for the annulment of a marriage because they can be cured. This is in line with the principles of Islamic jurisprudence, which say that if the grounds for annulment have been eliminated, then the ruling should also be eliminated.]]>
<![CDATA[Perlindungan Hak Anak Pra Isbat Nikah Ditinjau Dari Hukum Positif ]]>
<![CDATA[Fakhrurrazi M. Yunus]]>;
<![CDATA[Dwi Oktavia]]>
<![CDATA[ El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 1 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry ]]>
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DOI: 10.22373/hadhanah.v3i1.1866
<![CDATA[Protecting children is difficult to do without official registration of the child's birth, because the parents got married without having an official marriage record in the regulations of the Republic of Indonesia, in the sense that it has not been recorded at the KUA. However, the marriage is valid according to religious views because it has fulfilled the pillars and conditions of marriage in accordance with the guidance of the Shari'ah. The formulation of the problem that will be answered in this study is how the protection of children before Proofing of marriage is reviewed through positive law in the decision of the syar'iyah court, Case Number 40/Pdt.P/2021/MS.Bna, and what is the method of finding the judge's law regarding the granting of requests for ratification of the child's lineage from couples who don’t have Proof of marriage, while the aim is to analyze the protection of children before Proofing of marriage if viewed according to positive law and analyze the judge's legal methods in granting the ratification of the lineage of children from couples who don’t have Proof of marriage. This study uses qualitative methods with a normative juridical approach. The data collection method was carried out using the library research method, data analysis was carried out in a normative descriptive way. This study concludes that every child has the right to protection and obtains his rights, one of which is identity and citizenship status. A child's identity must be given from birth, which is stated in the birth certificate (vide Article 5, Article 7, paragraph (1) and Article 27 paragraph (1) and (2) of Law Number 23 of 2002 concerning Child Protection. Discovery method There are three judges' laws; referring to the Islamic legal doctrine contained in the book Al Fiqhu Al Islami Wa Adillatuhu, referring to the provisions of Article 55 Paragraph (3) of Law Number 1 of 1974 concerning marriage juncto Article 103 Paragraph (3) Compilation of Islamic Law in Indonesia and in Article 47 of Law Number 23 of 2006 concerning Population Administration.]]>
<![CDATA[‘Iwaḑ Sebagai Syarat Sah Khulu’ ]]>
<![CDATA[Saifullah M. Yunus]]>;
<![CDATA[Nurakmal Nurakmal]]>
<![CDATA[ El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 1 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry ]]>
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DOI: 10.22373/hadhanah.v3i1.2554
<![CDATA[Khulu' is a divorce accompanied by a number of assets as 'iwadh (ransom) given by the wife to her husband to redeem herself so that she is released from the marriage bond. 'iwadh is the reward or ransom given by the wife to her husband to ask for khulu῾. In Indonesia, the nominal value of 'iwadh money has been regulated in the Decree of the Minister of Religion No. 411 of 2000 concerning Determination of the Amount of 'iwadh Money in the series of sighat taklik divorce for Muslims already amounting to Rp. 10,000 of which the money is intended for the amil zakat agency, not for the husband. If these rules are studied from the perspective of Islamic law, there is a significant difference in terms of the number and also the objectives of the 'iwadh. The research questions in this thesis are how the law of 'iwadh as khulu compensation' according to Maslahah Mursalah and whether the Minister of Religion Decree No. 411 of 2000 in accordance with the theory of Maslahah Mursalah. In this study the authors used qualitative research methods and a juridical approach. The results of this study conclude that first, the scholars agree that 'iwadh (ransom) is a pillar that cannot be abandoned in the khulu', when viewed from the perspective of maslahah mursalah then both the wife and husband have the benefit of the wife who asks divorce her husband by returning the dowry to her husband because she is afraid that she will not be able to carry out her obligations as a wife (nusyuz), then she can be released from her marriage bond and the husband does not feel disadvantaged because he gets a ransom from his wife. Second, Decree of the Minister of Religion No. 411 of 2000 concerning Determination of the Amount of 'iwadh Money in the series of sighat taklik divorce for Muslims including maslahah mursalah because if this rule is not regulated it will experience difficulties for the wife and will cause arbitrariness of the husband towards the wife. In this rule, 'iwadh as a result of violating taklik divorce is given to the amil zakat.]]>
<![CDATA[The Validity Of Reconciliation Without Witnesses At The Religious Affairs Office ]]>
<![CDATA[Khairani Mukdin]]>;
<![CDATA[Rahmil Izzati]]>;
<![CDATA[Syuhada Syuhada]]>
<![CDATA[ El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 1 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry ]]>
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DOI: 10.22373/hadhanah.v3i1.2725
<![CDATA[Some factors in establishing a family can result in divorce. Islam permits a husband and wife to reconcile during the iddah period (a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry). In accordance with this requirement, a husband who wishes to reconcile with his ex-wife must go through the Religious Affairs Office (KUA) and adhere to the established protocols. However, the practice is different, as happened in the KUA of Syiah Kuala Subdistrict, Banda Aceh, which carried out the reconciliation process without witnessing. Contrarily, it is explicitly stated in The Compilation of Islamic Law (KHI) articles 163–169 that witnesses are necessary in cases involving reconciliation. According to the KUA, the process for reconciliation is that the husband who wants to get his wife back comes to the marriage registrar who oversees the neighborhood where the husband and wife reside by bringing a stipulation about the possibility of divorce and the required certificate, which is followed by reconciliation in front of the registrar and witnesses. It is not necessary for witnesses to be present. The most important aspect is that the community be aware of their reconciliation, whether or not they are present. Upon that, a reconciliation certificate is created and delivered to the religious court where the divorce occurred. They view reconciliation as a continuation of the marriage, not a new marriage contract, which explains why there are no witnesses in the process of reconciliation cases. Therefore, in the process of reconciliation, witnesses are not as crucial. KHI, however, demands a witness to the reconciliation for the purpose of benefit. The reconciliation is deemed unlawful without a witness because permanent law cannot be established. Even without witnesses, the KUA can issue a certificate of reconciliation, which is accepted by the court to consider the reconciliation valid.]]>
