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MAHAKIM: Journal of Islamic Family Law
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
 1 
Search results for , issue "Vol 1 No 2 (2017): July 2017" : 5 Documents clear
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (178.893 KB) | DOI: 10.30762/mahakim.v1i2.63

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (239.371 KB) | DOI: 10.30762/mahakim.v1i2.64

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (250.84 KB) | DOI: 10.30762/mahakim.v1i2.67

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (163.353 KB) | DOI: 10.30762/mahakim.v1i2.75

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (284.196 KB) | DOI: 10.30762/mahakim.v1i2.76

Abstract

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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