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Aulil Amri
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Program Study of Family Law of Department Faculty of Sharia and Law of the State Islamic University of Ar-Raniry Banda Aceh, Aceh, Indonesia.
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INDONESIA
El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
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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Determination of the Qibla Direction of the Al-Mukarramah Mosque in Gampong Punge Jurong, Meuraxa District, Banda Aceh City Ida Friatna; Riza Afrian Mustaqim; Erizaldi Putra
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 2 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v3i2.2548

Abstract

One of the conditions for a valid prayer is facing the Qibla, Imam Syafi'i believes that people who can see the Ka'bah must face the 'Ainul Ka'bah as well as people who are far or outside Mecca must face 'Ainul Ka'bah based on their ijtihad with instructions from the sun, stars, mountains, moon, and others that can be used as a Qibla direction. Many mosques in the city of Banda Aceh do not face the Kaaba, this is based on using Google Earth, from several mosques that are off the beaten path, the Al-Mukarramah Mosque has such a large deviance that it faces the African continent. The research question for this thesis is how to determine the Qibla direction at Al-Mukarramah Mosque, Gampong Punge Jurong, Meuraxa District, Banda Aceh City and how accurate the Qibla direction at Al-Mukarramah Mosque, Gampong Punge Jurong, Meuraxa District, Banda Aceh City. In this study the authors used a qualitative approach research method, a type of Field Research (field research), and used a qualitative descriptive analysis method. describe and analyze the method of determining the Qibla direction of the Al-Mukarramah Mosque then verify the results of Qibla accuracy. The results of this study concluded that first, the method of determining the Qibla direction of the Al-Mukarramah Mosque in Gampong Punge Jurong, Meuraxa District, Banda Aceh City was carried out in two ways: 1) Rashdul Qibla, when the Al-Mukarrmah Mosque was about to be built in 1999 by the Imam of Gampong Punge Jurong during the that, 2) Kompas, carried out in 2018 this happened when the Aceh MPU fatwa No. 3 of 2018 concerning the determination of the Qibla direction. Second, test the accuracy of the Qibla direction of the Al-Mukarramah Mosque by using the Mizwala Qibla Finder, Rubu' Mujayyab, Protractor, and Google Earth that the Qibla direction of the mosque does not face the Ka’bah so it has a slope with the position of the mosque building by 15° to the north and results via visual google earth The building of the Al-Mukarramah mosque faces the African continent.
The Legal Position of Masbuk for Jum'at Prayers to the Perspective of the Syafi'i and Hanafi Sulfanwandi Sulfanwandi
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 2 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v3i2.2697

Abstract

Masbuk is one thing that often happens in congregational prayers. In syara' terms, masbuk is a condition in which a person is left behind in part or all of the cycles of prayer in congregation following the imam. In the implementation of the Friday prayer, the laggards of the second raka'ah with the priest have legal implications that are different from the laggards of the congregation in the second raka'ah in other obligatory prayers. The most contrasting variation in the opinion of the imam of the madzhab in this regard is between the Hanafi and Shafi'i schools which also represent jumhur. The research question in this thesis is what is the opinion of the Hanafi and Syafi'i schools regarding the law of intoxication in Friday prayers, and what are the arguments and legal istinbath used by the Hanafi and Syafi'i schools regarding the law of intoxication in Friday prayers. This research found two things; first, according to the Hanafi School, the law of intoxication during the Friday prayer is obligatory for the masbuk to continue this prayer as the Friday prayer as following the prayer of the priest with two cycles of prayer. Meanwhile, according to the Syafi'i school of thought and the majority of scholars, it is obligatory for a drunken person to perform the midday prayer because he does not get the Friday prayer. Second, the argument used by each school was narrated by Abu Hurairah, but with a different hadith editorial and path. The legal istinbath method used by the Hanafi School is in the form of bayani and ta'lili reasoning. As for the Shafi'i School, it only uses bayani reasoning. From the arguments of the two, this study views that the view of the Shafi'i School has a more appropriate and well-founded argumentation, because missing the bowing in the second cycle of Friday prayers in congregation shows that a person is not only left behind in his cycles, but also left behind in his Friday prayer with the Imam.
Determination Of Child Care Rights Between Birthday Parents And Adopting Parents Misran Misran; Aulil Amri; Nur Fatin Adila Binti Idereh
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 2 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v3i2.2750

Abstract

Adoption of children is regulated in the Deed of Registration of Appointment 1952 (Deed 253) for Muslims and non-Muslims and the Deed of Adoption 1952 (Deed 257) for non-Muslims. Among the cases involving the struggle for custody is the one that occurred at the Pahang Sharia High Court, in which the judge handed over a child to his biological parents while the child had been registered under the Deed of Registration of Appointment 1952 (Deed 253). Then, in the case at the Selangor High Court, the judge handed over custody rights to the adoptive parents while the adoption registration was invalid. There are two formulations of the problem in this thesis. Firstly, what are the considerations of the Pahang Sharia High Court judges in determining child custody between biological parents and adoptive parents? Second, what are the considerations of the judges of the Selangor High Court in determining child custody between biological parents and adoptive parents? This research uses the juridical-normative method and case studies. Data collection is also done with literature and documentation. The results of the study show that first, the consideration of the judges of the Pahang Sharia High Court in determining child custody of their biological parents is because the judge looks at their efforts to get their child back and they have full rights to the child. Second, the consideration of the judge of the Selangor High Court in determining child custody of the adoptive parents is important because the judge stated that the main thing is what is best for the child, and the child's biological parents also have several obstacles to looking after the child. Custody is closely related to the interests of the child and the guardians, if there is an imbalance in custody, then the rights and interests of the child need to take precedence over the interests of the guardians.
Sadd Al-Żari'ah Review of Iṡbāt Nikah Sirri at the Syar'iyah Court in Banda Aceh Nasaiy Aziz; Rafidah Rafidah
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 2 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v3i2.3002

Abstract

Iṡbāt nikah is a marriage determination in order to obtain authentic evidence and to obtain protection and legal force, especially for wife and children. The Syar'iyah Court has the authority to receive, examine and adjudicate cases between people who are Muslim. One of them is the application for iṡbāt marriage Number 232/Pdt.P/2022/MS.Bna. However, after being studied and tried, this application was rejected by the panel of judges because it did not meet the requirements for the granting of the marriage iṡbāt. Therefore, the author wants to know what is the basis for the consideration of the panel of judges at the Banda Aceh Syar'iyah Court in rejecting the application for iṡbāt nikah from a sirri marriage in case Number 232/Pdt.P/2022/MS.Bna. And what about sadd al-żari'ah's review of the stipulation and legal basis for the consideration of the panel of judges at the Banda Aceh Syar'iyah Court rejecting the application for iṡbāt nikah from a sirri marriage in case Number 232/Pdt.P/2022/MS.Bna. In this study the authors used a qualitative research method with a normative juridical approach and used a type of library research (Library Research). The results of this study indicate that the panel of judges rejected the application for iṡbāt marriage Number 232/Pdt.P/2022/MS.Bna because the marriage guardian of Petitioner II (wife) is not his biological father or a person who has blood relations with Petitioner II, but tengku who was at the Islamic boarding school where they got married and was also not represented by Petitioner II's biological father to said tengku. Iṡbāt nikah is in accordance with the theory of sadd al-żari'ah. This is necessary to realize benefit and avoid damage.
Tradition of Resolving Crimes in Kinship Approaches (Tudang Sipulung) Criminal Law and Local Culture in the Community of Balangtaroang Village, Bulukumba Regency, South Sulawesi Province Rahman Syamsuddin; Achmad Alfian Mujahid
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 2 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v3i2.3025

Abstract

This study discusses the encountering between criminal law and local culture in the Balangtaroang Village. It will be discussed through two research questions: How is the construction of crime settlement through the kinship approach (tudang sipulung) in Balangtaroang Village, How is the encountering between criminal law and local culture in resolving criminal acts in a family way in the Balangtaroang Village community. This study is descriptive research using qualitative data obtained through field research. Data collection is carried out through observation in-depth-interview, and documentation. The data obtained will be analysed through legal and sociological approaches. This study argues: that first, crime settlement through kinship approaches is used as one of the ways to solve the case in order to create harmony in the community within the village. Second, crime settlement through kinship approaches is conducted by way of discussion (musyawarah) in a traditional local institution.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i1.1567

Abstract

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 can’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 Syar’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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i1.1581

Abstract

This research is based on a case which registered in Mahkamah Syar’iyah Kualasimpang as case number 10/Pdt.P/2021/MS.Ksg about istbat nikah wherein this case the witnesses who gave their testimonies were istifāḍah witnesses whereas an istifāḍah 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 istifāḍah witness had only heard rumor or story from someone else that an event has occurred. Based on this witnesses’ testimonies, judges authorized istifāḍah 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 istifāḍah witnesses testimonies in istbat nikah case number 10/Pdt.P/2021/MS.Ksg and how Islamic law views the use of istifāḍah witnesses’ 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 istifāḍah witnesses’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 istifāḍah witnesses are acceptable as judges’ 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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v1i1.1613

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v1i1.1614

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v1i1.1615

Abstract

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