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MAHAKIM: Journal of Islamic Family Law

mahakim
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Published by Institut Agama Islam Negeri Kediri

ISSN : 25974246 EISSN : 26158736 DOI : https://doi.org/10.30762/mahakim.vxix.xxx

Core Subject : Social,

Social Sciences

The aim of the Journal of Mahakim is to publish the results of scientific research, especially in the field of Islamic family law which includes: Wedding Divorce Inheritance Family rules (obligations and rights in the family) Mahar and guardianship Religious Court Comparison of Islamic family law Islamic family law approach to interdisciplinary disciplines

Arjuna Subject : Umum - Umum

Articles 65 Documents

1 2 3 4 5

Pernikahan Tunggal Wuwung dalam Pandangan Hukum Islam Bagus Achmad Faishol
MAHAKIM Journal of Islamic Family Law Vol 1 No 1 (2017): January 2017
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Javanese society in particular at Karangsono’s Village look on tradition of tunggal wuwung marriage as jurisdictional which at abides (performed). There is another Javanese tradition besides prohbitions in tunggal wuwung marriage which is the day count terminological to Java custom before the marriage performing, since if that thing is unperformed, therefore, they believe that there will happen something bad luck. Islam has no prohibition on tunggal wuwung marriage but in the Islamic conjugal rights, it has been known base which so called the selection. This research based on the location of data source comprises field research category, and sighted from data character facets includes in qualitative researches, based on the data analysis included in descriptive research. Data collection utilizes observation, interview, and documentation. Data analysis was done from data reduction, data presentation, and conclusion. To test the data validity was done by prolongation attendance, triangulation, colleague’s analysis and informan’s clarification. This observational result can be concluded that 1). Opinions from the society of Karangsono’s village which has two perceptions: the majority society believes about the prohibitions in tunggal wuwung are based on the fact of bad luck incidents suffered by the doers of tunggal wuwung marriage who are not obedient on the custom’s prohibitions. Second perception is the incredulous with the marks sense of prohibitions in tunggal wuwung marriage because on a strength basic religion and beliefs of God that faith, alive and death are God’s authority. 2) Even the practice of tunggal wuwung is performed by Islamic marriage but constant breach custom, on reality the doers will suffer some badluck. 3) Tunggal wuwung marriage which strongly kept and trusted by the society of Karangsono’s Village is clearly in conflict with Islamic way because doesn not exsist in Al-quran and also Al Sunnah. However, in fact, to one of society it is at nature faced by the doer who suffers badluck of parent’s accidentut. Further, Islam teaches that all coming accidents are God’s will. Hence, it all just a test for every human being to hold firmly on syari ’ at Islam.

Hak dan Kewajiban Suami Istri dalam Kitab ‘Uqūd al-Lujayn dan Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan Lutfiatul Khasanah
MAHAKIM Journal of Islamic Family Law Vol 1 No 1 (2017): January 2017
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

A matrimony causes law effects for husband and wife called the rights and obligations. A husband and wife each have the right and obligation in marriage. Book ‘Uqūd al Lujayn by Shaykh Muhammad Bin Umar Al-Nawawī Al-Bantanī constituting book that works through marriage and still frequently be assessed at several boarding houses or pondok pesantren in Indonesia. Indonesia which constitutes as a law based country has managed laws on marriage, namely Undang-Undang Number 1 Year 1974 about marriage to know the right and obligations which correspond to orders in Islam and not rule out Indonesian marriage Law. This research is arranged utilized answers severally problem formula by using library research with qualitative method and descriptive analytic which is the researcher tries to word aught material with intent fact finding by analyzing what do be equal to as effort to solve problems . Data collecting is utilized to methodic library material via written texts and also soft copy edition and analyzed by content analyses and comparisons. Based on the observational result, researcher concludes that: (1) Books ‘ Uqūd al Lujayn in managing rights of husband and wife which positioning husband rights upon as level as higher as wife. (2) the right and obligation equations of husband and wife in book ‘ Uqūd al Lujayn and Number Law 1 Year 1974 Connubial are both husband and wife have to be good and glorious, husband as patriarch, husband mandatorying to give wife earnings, wife as housewife that mandatory manage housewifery with all the best and mandatory husband and wife mutually loves, faithful and helping. Meanwhile difference of both lays in rights arrangement and wife husband position, negligence sanction in going liabilities and wife permit liabilities to husband. (3 ) Basic Principle that become difference concept base rights balance and wife husband position in book ‘Uqūd al Lujayn and Number Law 1 Year 1974 connubial are that book footing ‘Uqūd al Lujayn on Q.S Al Baqarah (2 ): 228, Q. S al Baqarah (2 ): 228 and hadis is Prophets. Meanwhile Number Law footing 1 Year 1974 connubial on jender’s equation.

Pembagian Harta Bersama Akibat Perceraian di Pengadilan Agama Kediri Nikmatun Nuzula
MAHAKIM Journal of Islamic Family Law Vol 1 No 1 (2017): January 2017
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

In a general way, the division of community property in divorce at Religion Justice of Kediri utilizes the aught rule on Section 97 Islamic Law Compilations, where is division in that section names that widow or divorce widower lives each get half of community properties. But then available a case where Judges in the Religion Justice of Kedir establish another, which deviates from aught rule in Section 97 Islamic Law Compilation which is, each one third part for husband, and two third part for wife of the community property. This research focuses on 1) What do become the judge’s judgment in deciding matter Number 0168 / Pdt. G / 2014 / PA. Kdr in contrast to aught order in Section 97 KHI; 2) What implications of be applied contra legem in that verdict. In this research, the writer utilizes qualitative approach and field research. Meanwhile, in data collection utilizes interview and documentation. Data analysis uses content analysis of verdict through theory which is available with its practice at the site. This observational result concludes that there is three prime factors of the judge’s judgment in deciding the division matter of the community property Number 0168 / Pdt. G / 2014 / PA. Kdr variably diffrent of section 97 Islamic Law Compilations, which is: 1 ) Since wife while parted by divorces by husband not charge iddah’s earningses, mut ’ ah and past earnings; 2 ) Since wife have greater contributions in render community property; 3 ) as patriarch that ought to meet the family needs, husband has pointed out accountability heaving full as head of family. So if Judge applies rule of law ground, which is by applying Section 97 Islamic Law Compilation are assessed wrongful. Judge moring to advance to perceive justice than rule of law. Therefore of that, Judges in deciding a matter don’t be glued on written order only. Contra legem is form Judge as enforcer of law and justice that not only advance rule of law ground but also utilize justice ground judgment and benefit. Contra legem’s implemented implication can evoke new law that its following can be made as jurisprudence if there is a similar case.

Tidak Ada Keharmonisan sebagai Penyebab Perkara Cerai Gugat Wanita Karir di Kota Kediri Syaefullah
MAHAKIM Journal of Islamic Family Law Vol 1 No 1 (2017): January 2017
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

A new phenomenon that career women litigate divorce to husbands has not become taboo anymore. There are some backgrounds that cause inharmorny. A husband ideally should be good model for a wife and children. A husband has principal influences in forming harmonious family. Moreover, the main role of woman in marriage life is looking after and builds harmonious relationship to her couple. Hence, husband who has the main duty in earnings should be responsible in the accompplishment of family needs. Thus, polemical appearance will come out if above rights and duties are not accomplished, as those were happening of divorce cases in Religion Court in Kediri city on the year of 2013. The researcher does Study Analysis to the verdicts in its bearing of divorce litigation did by wives who become career women. The background of inharmonious family is because the career woman and the husband are less understand their rights and duties in marriage. Thus, if both parties understand their own responsibilities, divorce can be minimalized and a career never more becomes the cause of the inharmonious family.

االحتجاج باالستصحاب وأثره يف اختالف الفقهاءإعداد: عبد الوهاب أحمد خليل Abdul Wahab Ahmad Khalil
MAHAKIM Journal of Islamic Family Law Vol 1 No 1 (2017): January 2017
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Islam is a complete and comprehensive religion. The comprehension of Islam does not lie in the completeness of the verses of the Qur’an and the words of Hadith, because in fact the verses of the Qur’an and the words of Hadith are limited, meanwhile the human problems continue to grow. So, the role of ijtihad as a means of reform of Islamic law is vital. One of the methods of ijtihad is Istishâb. This study describes the meaning of Istishâb, scholars’ opinion about the value of its strength as a source of law, as well as the influence of scholars’ opinion about the value of his resistance to differences of opinion in Islamic law. This study concludes that the majority of scholars of the Maliki, Shafii, and Hambali sect assert that Istishâb is a hujjah to defend (daf’i) and establish something (itsbat). The late ulamas of the Hanafi sect assert that Istishâb is a hujjah in defense of something, while the majority of the Hanafi scholars and some scholars of the Shafi’i sect state that Istishâb is not a hujjah at all. The difference of the ulama’s view of the use of Istishâb in ijtihad has led to differences in their views on Islamic law, as in the case of the law of the disappeared’s inheritance. In addition, the existence of Istishâb becomes a solution to find out contemporary Islamic law, Especially In the field of criminal law, personal status and civil law.

Penyelesaian Sengketa Non-litigasi dalam Sejarah Peradaban Islam Ririn Noviyanti
MAHAKIM Journal of Islamic Family Law Vol 1 No 2 (2017): July 2017
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Dispute settlements have two form, litigation and non-litigation. Some options as an alternative dispute resolution non-litigation include mediation, negotiation and arbitration. alternative dispute resolution has long been practiced in Islam to solve the problems. This qualitative-descriptive study uses a sociohistorical approach that examines and analyzes the practice of alternative dispute resolution in general, and mediation, negotiation, arbitration in particular. This study aims to discuss the theory of nonlitigation dispute resolution and its application in various areas of life in the classical Islamic era. The key issue explored in this research is how to implement non-litigation dispute resolution practices in Islamic history and the event that they are used. The conclusions of this study are; first, the practice of alternative dispute resolution has been done in the classical Islamic era on the event of retaking the Hajar Aswad by using the method of mediation. Second, the practice of negotiation on the event of the beginning of the Hudaibiyah treaty and the third, the practice of arbitration (tahkīm) on events involving Muawiyah and Ali bin Abi Talib in the battle of Shiffin.

Sanksi Adat Pete’an dalam Perspektif Hukum Islam Rofi’ Al Muhlis
MAHAKIM Journal of Islamic Family Law Vol 1 No 2 (2017): July 2017
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

In a law, there are customary laws which legalized by positive law and Islamic law. The culture communities in the District Ngadas Village Poncokusumo Malang, there is a costomary law that called “pete’an” that is pregnancy test for girls and widows aimed at preventing acts pregnant out of legal wedding. This custom is quite effective and bringing great results in the reduction and prevention acts pregnant out of legal wedding, so that the people and the leaders of Ngadas village support the implementation and preservation of the custom pete’an. The implementation of custom pete’an in the perspective of Islamic law conformable with nash and shara’. The customary sanctions that applicable in pete’an in the perspective of Islamic law is not in accordance with the penalties for sex-free and still a minor penalty. However, by looking at the number of cases is only 1-3 cases within 5-7 years after the implementation of this pete’an custom shows that a custom implementation of pete’an very effective in reducing and preventing unwedding act that begins with the act of free sex.

Studi Pemikiran Jamal Al Banna tentang Talak Siti Khoirotul Ula
MAHAKIM Journal of Islamic Family Law Vol 1 No 2 (2017): July 2017
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

In divorce, by the classical Jurist of fiqh, husbands may unilaterally divorce (talak) without making a dialogue with their wives first. Many contemporary thinkers, especially moslem feminists, assumed that is affected by gender inequality which is a cultural product not pure of Islamic values. Moreover, the fact that the classical Jurists of Fiqh are dominated by men, so the existing of fiqh are patriarchal and masculine pattern. One of the most contemporary moslem thinkers of Gender concerns is Jamal al-Banna, a moslem thinker from Egypt. Then, this article is written to describe Jamal al-Banna’s mindset about divorce. Based on his opinion, he stated that husband cannot say to divorce without the agreement (qabul) of his wife as marriage is a transparent relation symbolized by ijab- qabul contract and also testimonial (syahadah). Therefore, if the agreement is destroyed by divorce, all elements of marriage contract must know. Thus, one-sided divorce by husband is unacceptable. Divorce is acceptable if both of husband dan wife have the agreement. He formulated the rules of divorce, referring to Al-Baqarah verse 229 in which his interpretation is the equality between husband and wife about divorce. His educational background of trading school may influenced his mindset mostly. So, he assumed about the similarity of marriage contract and trading contract in which if a marriage will be destroyed by divorce, both of husband and wife must have the same agreement.

Permohonan Dispensasi Nikah Tanpa Orang Tua atau Wali Ulin Nikmatul Badriyah
MAHAKIM Journal of Islamic Family Law Vol 1 No 2 (2017): July 2017
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Marriage can not be implemented if the brides or one of the bride has not reached the age limit that has been determined, which is 19 years for men dan16 years for women. This statement specified in Law No. 1 Year 1974 on Marriage Article 7 paragraph (1). If a man or woman who try to carry out the marriage before that age she must obtain a permission in the form of dispensation of marriage proposed by both parents or guardian of the man or woman to the courts in the area. But the establishment of the Religious Court Panel in Kediri on the application for dispensation of marriage in the case Number: 0024 / Pdt.P / 2014 / PA.Kdr, marriage dispensation petition should be filed by the bride. This study aims to determine the legal considerations of Religious Court in Kediri in defining marriage dispensation which the petition is filed by the bride him/herself, without the presence of parents or guardians in the trial, as well as reviewing the legality of the applicant of such determination. As in this study, the authors used a qualitative approach and field research, while the method of data collection is interview and documentation. The data analysis process was done through data reduction, data presentation, and conclusion. The results of this study concluded that there are seven consideration of the judge in granting the request for dispensation of marriage without a parent or guardian, namely: 1) The procedural law which applied in the Religious Court of Kediri, 2) The reason for the filing of dispensation of marriage is because the bride is pregnant before the marriage, 3 ) there is no prohibition to marry the bride, 4) the readiness of the bride, 5) There is goodness for the brides, 6) The is an obstacle for the parents to be present during the trial, 7) Maturity of the applicant. As the legality of the applicant of such determination is legitimate, it means that the assignment is not null and void because it already contains a series of proceedings in the trial and it is not considered as reducing the parts of the proceedings. Based on the terms of the substance of the determination, it has a formal function and can be implemented, meaning that copies of such determination can be used as a requirement for marriage in the Office of Religious Court. Such designations have a power from the applicants, in this case the Court of Kediri establishes a state where the applicant can marry to the partner, although age is still under the provisions of Marriage Law No. 1 of 1974.

مقاصد الشريعة وأهميتها في االجتهاد Husnul Haq
MAHAKIM Journal of Islamic Family Law Vol 1 No 2 (2017): July 2017
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Ijtihād is an important way to discover the law over new issues. The need for ijtihād in the present becomes even more important as the problem develops with the development of science and technology. Scholars (ulama) are urgently needed to discover the law over these new problems by using the correct method of ijtihād, by using texts without putting aside the reality of life and the intentions (maqāshid) behind those texts. This research aims to describe the urgency of maqāshid sharia in ijtihād. The study begins by explaining the meaning of ijtihād as well as maqashid sharia, and finally discovering the use of maqāshid sharia on the contemporary fatwas. The approach used in this research is descriptive-qualitative approach, because this study is intended to reveal and describe the meaning of ijtihād as well as maqāshid sharia, and the use of maqāshid sharia on those fatwas. By using research methods outlined above, it can be concluded that the maqāshid sharia have an important role in ijtihād. Therefore, the contemporary scholars relay on the maqashid sharia in their fatwas; in worship, transactions, family jurisprudence, modern medicine and others.

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Home Page

OAI Link

Editorial Team

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Reviewer

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Contact Name Rezki Suci Qamaria

Contact Email rezkisuciqamaria@iainkediri.ac.id

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Journal Mail Official jurnalmahakim@iainkediri.ac.id

Editorial Address Jl. Sunan Ampel No. 7 Ngronggo Kediri 64127, +62354 686564

Location Kota kediri, Jawa timur INDONESIA

Abstract

Abstract

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Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Rezki Suci Qamaria

Contact Email
rezkisuciqamaria@iainkediri.ac.id

Phone
-

Journal Mail Official
jurnalmahakim@iainkediri.ac.id

Editorial Address
Jl. Sunan Ampel No. 7 Ngronggo Kediri 64127, +62354 686564

Location
Kota kediri,

Jawa timur

INDONESIA