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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 3 No 1 (2019): January 2019" : 5 Documents clear
PEMIKIRAN MUHAMMAD SA’ĪD RAMADĀN AL-BŪṬĪ TENTANG MAṢLAḤAH DAN BATASAN-BATASANNYA Muhammad Solikhudin
MAHAKIM Journal of Islamic Family Law Vol 3 No 1 (2019): January 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (270.9 KB) | DOI: 10.30762/mahakim.v3i1.101

Abstract

This paper attempts to unravel the concept study of Maṣlaḥah posed by al-Būṭī, in this case he also proposes clear boundaries about Maṣlaḥah aligned with the Syarī’ah Islāmiyyah. Maṣlaḥah was a pleasure, therefore, all things are dangerous must be avoided. Requirements proposed al-Būṭī, started the benefit included on Syāri’goal embodied in Islam universal basic principles five, not contrary with the alQur’an), not contrary with al-Sunnah, not contrary with Qiyas, until its existence not negate another benefit that important more or equivalent. All this suggests caution al-Būṭī in offering Maṣlaḥah concept that he woke up so it is not contrary with religious rules. The benefit must have two footing. First, will of God and secondly, human interests, both of these things as contrary, but when examined more deeply has the estuary, that is human happiness in this world and hereafter
LEGAL STANDING KUASA ISTIMEWA UNTUK MEWAKILI MENGUCAPKAN IKRAR TALAK DALAM PERKARA CERAI TALAK Muhammad Fajar Sidiq Widodo
MAHAKIM Journal of Islamic Family Law Vol 3 No 1 (2019): January 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (249.804 KB) | DOI: 10.30762/mahakim.v3i1.123

Abstract

Talak is a marriage breaker pledge that is charged to a husband who wants to divorce his wife. Talak must be pronounced in a religious court. after permission by the Religious Court, a husband can declare his talak. However, what if a husband cannot pronounce his talak, then the best way is to represent it. The concept represents saying talak, both of which are equally permissible in Islamic law and in positive law. this paper will discuss how Legal Standing or the authority to act as a power of attorney to represent declaring talak. The purpose of this study is to explore and find concepts of special power that are not contrary to the Indonesian legal system. This research is normative research, because it examines the norms related to the granting and receiving the power of representation as part of a legal system. Then in this study using the Statute Approach and the Concept Approach to solve core problems.
VASEKTOMI DAN TUBEKTOMI PERSPEKTIF MAQASID AL-SYARI’AH Nastangin
MAHAKIM Journal of Islamic Family Law Vol 3 No 1 (2019): January 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (286.084 KB) | DOI: 10.30762/mahakim.v3i1.125

Abstract

The Family Planning Program handled by the National Population and Family Planning Agency (BKKBN) is a form of human effort in order to overcome population problems through population control with the aim of creating a prosperous and happy family. In Indonesia, vasectomy and tubectomy is one of the contraceptives in the National Family Planning Program, considered the only safe method for family planning for men and women, can be trusted to limit offspring. Vasectomy is a family planning method for men through small surgery to cut and bind both sperm cell channels. Whereas tubectomy is sterilization for women, by cutting both the cell lines of the egg (tubal palupi) and closing them so that the egg cannot get out and the sperm cells cannot enter to meet the egg, so pregnancy does not occur. The purpose of this paper is to find out how vasectomy and tubectomy are in the perspective of Maqasid al-Syari’ah. This writing uses the Maqasid al-Syari’ah approach by explaining the nature and wisdom of its formal object. The conclusion of this paper is that limitation of offspring by vasectomy / tubectomy can be allowed in an emergency (emergency) with the aim of achieving benefit in accordance with the objectives of Islamic law (Maqasid al-Syari’ah), one of which is to protect the soul and offspring.
STUDI PEMIKIRAN IBNU QUDAMAH TENTANG NIKAH BERSYARAT Vevi Alfi Maghfiroh
MAHAKIM Journal of Islamic Family Law Vol 3 No 1 (2019): January 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (497.388 KB) | DOI: 10.30762/mahakim.v3i1.127

Abstract

Marriage is the process by which two people make their relationship public, official, and permanent. It is the joining of two people in a bond that putatively lasts until death. Marriage is the foundation of the building, and its position is very important according to the Qur’an, based on the number of verses that talk about marriage relations. Before the wedding, sometimes there are conditions agreed upon by the bride and groom or from the bride’s parents whose purpose is for the good of them.The law to make marriage agreements (conditional marriage) is permissible (muba>h}). It may or may not be done, but if the agreement is done, then the law of its implementationwas debated by the scholars.Based on the background and data analysis obtained from the research findings mention that there are two groups who have different views about conditional marriage. They are Ibn Qudamah who is a H{anbali scholar and the majority of scholars (Jumhur ulama) which includes Ima>m Sya>fi’i, Ima>m Ma>lik. and Ima>m H{anafi. This problem of dissent needs to be examined, with the opinion of Ibn Qudamah as a scholar (pentarjih). He firmly argued that if the marriage conditions had been stated, the law must be implemented. It was viewed from the istidlal method then accordingto the argument of Al-Qur’an: Al-Maídah verse 1, Al-Isra verse 34, and An-Nah}l verses 91-92, Hadiṡ Uqbah bin Amir, Fatwa Sahabat that becomes an ijma ‘, also Qiyasbecause keeping promises is a demand ofsyara’
PENYAMAAN BATAS USIA PERKAWINAN PRIA DAN WANITA PERSPEKTIF MAQASID AL-`USRAH (ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 22/PUU-XV/2017) Moch. Nurcholis
MAHAKIM Journal of Islamic Family Law Vol 3 No 1 (2019): January 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (320.441 KB) | DOI: 10.30762/mahakim.v3i1.129

Abstract

Marital Age Arrangement as ruled by UU Perkawinan and KHI is part of open legal policy category and has legal validity according to regulation of Constitutional Court (Mahkamah Konsitusi). Nevertheless, legal policy must be positioned unexceeding authority, unbreaking morality and rationality of law, not to impact intolerable injustices, and not clearly contradicting Indonesian Constitution (UUD) 1945. Hence, relating to questioning phrases in article 7 verse 1 “in 16 years old” as part of Marital Law N. 1/1974. The Constitutional Court on its court decision explains that that provision is has not binding legal force. This decision has implicated obligation of equalizating minimum age of marriage (both male and female). Then, what is maqasid al-usrah thought on this decision? To answer that question, this research will explain criteria of adulthood from Islamic Law perspective and maqasid al-usrah thought on equalizating minimum age of marrige, both male or female. Islamic Law, throught its concept of baligh and `aqil, has opinion that measure of adulthood (both male and female) is same, where they have reached 15 years of age. Biologically, male is considered adult when he released sperm firstly. And female is considered adult when she menstruasting for the first time, or her sense of smell is more sensitive, or changing vocal sound, or growing some hair around her vagina and on armpits. Equalizating marital age between man and woman is justified based on maqasid al-usrah and Islamically legal as long as its purpose is implementing the marital goals

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