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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 5 Documents

Search results for , issue "Vol 1 No 1 (2017): January 2017" : 5 Documents clear

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.

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Rezki Suci Qamaria

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rezkisuciqamaria@iainkediri.ac.id

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jurnalmahakim@iainkediri.ac.id

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

Location
Kota kediri,

Jawa timur

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

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