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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 5 No 1 (2021): January 2021" : 5 Documents clear
Kesetaraan Batas Usia Perkawinan di Indonesia dari Perspektif Hukum Islam Fitri Yanni Dewi Siregar; Jaka Kelana
MAHAKIM Journal of Islamic Family Law Vol 5 No 1 (2021): January 2021
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (195.91 KB) | DOI: 10.30762/mahakim.v5i1.130

Abstract

The minimum age limitation for marriage for citizens is in principle intended so that those who are getting married are expected to have adequate thinking maturity, mental maturity and physical strength. However, in legal arrangements regarding the age limit of marriage in Indonesia, both regulated in statutory regulations and the Compilation of Islamic Law is still a problem, as is regulated in Article 7 paragraph (1) of Law Number 1 of 1974 concerning Marriage which distinguishes between the age limit of marriage based on gender, that is for men 19 years and for women 16 years. This writing aims to find out about the equality of the age limit of marriage in the perspective of Islamic law based on the analysis of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. This research is a normative juridical legal research conducted by examining library materials or primary legal material. In normative legal research, law is often conceptualized as what is written in statutory regulations (law in books) or law is conceptualized as a rule or norm which is a benchmark for human behavior that is deemed appropriate or appropriate. The research specification used in this study is a descriptive analytical method that is related to the equality of the age limit for marriage in the perspective of Islamic law, then the conclusion is drawn using the deductive method where the regulations related to the minimum age limit of marriage in Law Number 16 of 2019 concerning Amendments to the Law Number 1 of 1974 concerning Marriage, can also be considered good and safe because it has exceeded the age limit of adulthood by Islamic jurists and does not conflict with Indonesian law and human rights.
Konstitusionalitas Poligami Dalam Perspektif Hermeneutika Hukum Islam di Indonesia Eka N.A.M Sihombing; Cynthia Hadita Hadita
MAHAKIM Journal of Islamic Family Law Vol 5 No 1 (2021): January 2021
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (223.088 KB) | DOI: 10.30762/mahakim.v5i1.131

Abstract

The polemic of polygamy that is still being contested in Indonesia needs to be studied from the perspective of hermeneutics of Islamic law, its constitutionality, such as how Pancasila guarantees the practice of polygamy, and also in laws and regulations whose substance also regulates polygamy. The research method used in this study is a normative juridical method with a doctrinal approach. The purpose of this study is to determine the constitutionality of polygamy when examined from the hermeneutic perspective of Islamic law in Indonesia. The results showed that the First Principle of Pancasila, Article 29 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, the Marriage Law and its implementing regulations, as well as the various views of the schools allow the practice of polygamy in Indonesia.
Hegemoni Pluralitas Hukum Terhadap UU No. 01 Tahun 1974 (Studi Supremasi dan Legalitas Hukum Perkawinan di Indonesia) Mohsi
MAHAKIM Journal of Islamic Family Law Vol 5 No 1 (2021): January 2021
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (209.29 KB) | DOI: 10.30762/mahakim.v5i1.132

Abstract

Legal plurality is an indisputable part of the concept of Indonesian statehood, including the construction of marriage law. The pluralism of marriage law in Law No. 01 of 1974 is proof that the marriage law adhered to in the Indonesian legal system still refers to the pluralism and diversity system. This research will examine the plurality of marriage law from the legality aspect which has implications for its legal status, between imperative and facultative. This study uses a statute approach with an emphasis on the concept of law and legal legislation. This research concludes that the plurality of kwainan law in Law Number 01 of 1974 is a necessity in a multicultural country, because the existence of this law aims to accommodate and integrate existing laws on this Bhineka earth. 
Dampak Yuridis Sumpah Li'an Berdasarkan Hukum Islam Dan Hukum Positif setiawan
MAHAKIM Journal of Islamic Family Law Vol 5 No 1 (2021): January 2021
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (231.253 KB) | DOI: 10.30762/mahakim.v5i1.133

Abstract

The process of building a household life, of course, there are many trials that arise, not a few of these trials result in a marriage relationship that has been built for years to end in court. Referring to various sources of Islamic law, there are several forms of divorce, namely: talaq, khulu`, fasakh, `ila`, li`an, zhihar, and nusyuz. When we look at the rules about marriage in the Compilation of Islamic Law (KHI), through section 116 KHI explained, that one of the causes of divorce is the existence of adultery committed by one of the parties from both husband and wife. In the event that a divorce is carried out because of adultery and then it is resolved by means of a li`an, then there are other legal consequences that will be borne by the parties, namely husband and wife and even children of both of them are affected. In this study, researchers used the library research method. The results of the research on the legal impact of the li’an Oath on wives and children according to Islamic law; husband is free from the threat of had qadzaf, adultery that the husband accuses his wife of is right, lineage of the child the wife was carrying was only related to the mother, the wife is free from the threat of adultery, li`an caused the marriage to break up forever. Meanwhile, according to positive law; li`an caused the marriage to break up forever, lineage of the child the wife was carrying was only related to the mother, and for the husband there is no obligation to provide a living.
Analisa Terhadap Konsep Nafkah Terhadap Ketahanan Pangan Keluarga Islam Atas Wabah Covid-19 Di Kelurahan Tinalan Kota Kediri (Ditinjau Dari Maqashidi Syariah Perspektif Al-Syatibi) Nurmahmudah; Dicky Aris Setiawan
MAHAKIM Journal of Islamic Family Law Vol 5 No 1 (2021): January 2021
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (545.876 KB) | DOI: 10.30762/mahakim.v5i1.134

Abstract

The world is in a significant economic crisis in various countries caused by the emergence of the 2019-nCoV(Novel Coronavirus).This pandemic not only attacking human lives also caused a crisis in the country’seconomy.This can be seen significantly in household life, especially in Tinalan Village which in fact is positivelyaffected by corona.The government’s regulation on the handling of the 2019-nCoV is the implementation ofthe PSBB (Large-Scale Social Restrictions), directly demands that all community activities be recommended tobe implemented in the home.Thus, with the emergence of the 2019-nCoV is hampering the regional economyas well as the household economy, one of them is household food security.This is factored by monthly income,family members, and monthly expenses in one house.This study will examine how the concept of living onfood security of Islamic families sees the phenomenon of the Covid-19, specifically by the Islamic family ofTinalan Village, Kediri city by reviewing from the sharia maqashidi al-Syatibi perspective. A total of 160respondents were selected as research samples in March to May 2020 to be reviewed according to the contextof the study. The people of Tinalan Village understand this situation, so they adapt to the governance of theirhousehold spending expenditures.This is in accordance with the principles of marriage prescribed by Islamand reaffirmed in al-Syatibi’s maqashidi shari’ah.

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