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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

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Analisis Keadilan Hukum Putusan Verstek Pada Perkara Cerai Talak No. 0520/Pdt.G/2014/PA. Kab. Kediri Abdullah Taufik
MAHAKIM Journal of Islamic Family Law Vol 3 No 2 (2019): July 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Verstek’s decision is a decision handed down by the judge without the presence of the defendant or respondent at the trial, the principle that the judge is authorized to make a decision or not without the presence of the defendant at the trial so that the judge has facultative rights, in this case referring to article 126 HIR (about verstek) as a reference: 1. The absence of the defendant at the first hearing that authorized the judgeimmediately to decide on the verstek 2. Delay the session and call the defendant once again. In such legal cases / events, the position of the defendant / defendant in the divorce case is always in a weak position, especially if the respondent is a woman, with all her limitations she will always be passive and difficult to provide resistance is most likely caused by the following factors: a. Unclear address; b. The call (relas) for the trial does not arrive; c. Lack of understanding procedures in court proceedings and reluctance to consult; d. More resigned and accept fate

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

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

Pengaruh Ketimpangan Pendapatan Suami Istri Terhadap Tingginya Kasus Cerai Gugat Di Pengadilan Agama Kelas 1B Kabupaten Ponorogo Arlinta Prasetian Dewi; Budi Setiawan
MAHAKIM Journal of Islamic Family Law Vol 3 No 2 (2019): July 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Ponorogo is a city that has a high rate of divorce cases. From the divorce cases, the majority of submissions come from female workers who work as migrant workers, the implication is that the wife has a far greater income than her husband giving rise to a shift in the role of husband and wife which also results in a shift in rights and obligations. Although Islam allows a wife to work (in the context of helping her husband), it is expected that the husband and wife have considered together the good and bad consequences that may arise from the decision. Income gap or income inequality between husband and wife if not interpreted wisely can have an impact on the disharmony of the relationship between the two can even reach the stage of divorce. This research will explain an analyze the effect of income inequality between husbnad and wife on the high cases of divorce in Ponorogo. For that, researcher will examine this income inequality in the view of the sociology of Islamic law in the Ponorogo community in particular and driving factors the rise of female workers in Ponorogo and things that arise when the wife’s income is greater than her husband. The paradigm of this research is used a qualitative paradigm with emphasis on case studies in teh field. The result of the research stated that income inequality where the wife has a greater income than the husband is not a main problem in divorce cases, but there are other factors as a trigger such as the inability of the husband in managing finances, the wife’s takings is only for consumptive activities and even tends to spree, the interference from the husband’s family, especially in financial matters, lack of understanding of religion, and infidelity. This hiigh financial ability of the wife ultimately makes the wife dare to sue for divorce of her husband.

Problematika Iddah Wanita Hamil di Luar Nikah Moh. Nafik
MAHAKIM Journal of Islamic Family Law Vol 2 No 2 (2018): July 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

There are many aspects that need to be studied to see and understand in detail, including thestudy of the opinions of ulama ‘and KHI in addressing the problematic marriage of pregnantwomen out of wedlock. In this study, researchers sought to examine these two perspectivesby looking at the underlying factors of the contovercial marriage of pregnant women out ofwedlock in Indonesia.This is very urgent because the differences in legal consequences contained in KHI andperceptions of ulama ‘, which are actually manifestations of Islamic law are very visible. Asin Article 53 KHI which tends to open wide the possibility for people who are not responsiblefor adultery, coupled with the legal consequences contained in KHI for adulterers is very lightcompared to the had law applied in some Islamic countries.To simplify this research, the compilers use a type of library research (library rescarch), whosedata sources are extracted from written materials in the form of legal texts, both in the formof verses of the Qur’an, the books of hadith, rules of Islamic law and other written sources that are relevant to the subject matter of the marriage of pregnant women out of wedlock.The nature of this research is descriptive-analysis-comparative research. Because this studybesides describing the marriage of pregnant women in the study of ﬁqh science descriptively,also compared the opinions of ulama ‘and KHI regarding the status of iddah for pregnantwomen out of wedlock.From the perceptions of ulama ‘and KHI, then the conclusion arises that there are differencesof opinion between the two. For the Mālikī the marriage of pregnant women out of wedlockis divided into the marriage of pregnant women due to adultery with men who impregnate(biologically) and / or with other men (non-biological). Whereas KHI is more general and doesnot differentiate with whom the woman will marry. Apart from that, the child is pregnant.Pregnant women out of wedlock may be married by someone who impregnates her or bysomeone else who is not impregnating her, because there is no real prohibition from the Koranor Hadith. And the legal status of a legal marriage contract while fulﬁlling the pillars and themarriage conditions that have been determined by Islamic law, in addition there is also anelement of beneﬁt.

Reunderstanding Pemahaman Dasar Teologis Sikap Kekerasan Dalam Rumah Tangga (Telaah Isu Feminisme Hadits Laknat Allah Terhadap Istri) Fuad Muhammad Zein; Ghulam Falach
MAHAKIM Journal of Islamic Family Law Vol 3 No 2 (2019): July 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

The problem of gender equality in Islam often uses theological grounds to include the hadith proposition as a tool of legitimacy. Especially in the case of the household, the argument of curse in the relationship of husband and wife is used as the basis for accusations of obtaining domestic violence by the husband to the wife. As if Islam would allow a husband to wife’s violence if they were not willing to serve their sexual desires. This paper aims to answer these assumptions by analyzing the argument of the curse by using the method of critical criticism from the perspective of language or can also be called the bayani method, namely the method of analyzing the meaning of meaning in the argument of fiqh law. The result is that there is an error in understanding the meaning of the hadith caused by a weakness in understanding the meaning in Arabic which is the language of the hadith. Therefore, finally bring conclusions that are less proportional in understanding the propositions and facts. The hadith is a guide for all Muslims and there is no need for doubt in the study of hadith. The development of the modern era certainly has its own influence, especially in the scientific field of hadith. As Muslims of course we are all required to be able to fight in all fields, especially in the field of hadith science. The theoretical uptake and applied form of the Fatima Mernissi methodology of thought have created an important issue to study. His action in terms of knowledge has given rise to new problems for the hadith scientists in the field of feminism. This research aims to examine how the forms of hadiths are based on Fatima Mernissi’s ideas and thoughts. The problem of misogynist traditions is a form of contemporary research that must be discussed, especially regarding the reconstruction of understanding of misogynistic traditions. Few things are important in the study of misogynistic traditions, where the existence of this hadith has created problems for making new facts in the world of feminism. The new fact is nothing but the formation of new weapons in terminating the acceptance or rejection of the hadith. Furthermore, the discussion of this research will be accompanied by the tarjih method in order to arrive at the correct conclusions. Whether the misogynistic hadiths are hadiths that show that Islam discriminates against women or not. The purpose of this study is none other than a study for proving that misogynistic hadiths are not an expression of the hadith denied by Fatima Mernissi to the Muslims’ grip which is expressed in the Qur’an and al-Hadith.

Kedewasaan Wanita Dalam Pemikiran Hukum Tentang Posisi Wali Dalam Akad Pernikahan (Kajian Al-Fiqh ‘Ala Al-Madhahib Al-Arba’ah) Hisbulloh Hadziq
MAHAKIM Journal of Islamic Family Law Vol 3 No 2 (2019): July 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

This article studies the opinion of fuqaha on the role of guardians in marriage. Some scholar consider it as an obligation, while others do not argue that it should be in marriage. And what is the relationship between the guardian with the readiness/maturity of the bride candidate.Although the marriage was only performed by both brides, but to start with it, the involvement of others is required, such as guardians. This article is a literal study where data is obtained through the exploration of the classical books in four popular madhhabs.These datas are then analyzed using acomparative approach.The results concluded that the existence of the guardian is closely related to the maturity of the prospective bride to establish a marriage.

القياس عند المعتزلة دراسة وتقويما Abdul Wahab Ahmad Khalil
MAHAKIM Journal of Islamic Family Law Vol 2 No 1 (2018): January 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Mu’tazilah is a group of Islamic sects, who disagreed with the Muslims’ opinion on the issue of the great perpetrator, led by Wasel bin Atta and Amr ibn Ubaid, the time of the great Tabi’i, al-Hasan al-Basri. The Mu’tazilah built their doctrine on the five principles of monotheism: Tawheed, justice, promise and preaching, ordering virtue and forbidding evil. These five principles affect their ushul fiqh views, especially regarding qiyas. The aim of this research is to present the views of the Mu’tazilah regarding qiyas, as well as to explain their evidence and the opinions of their dissenters from the majority of scholars, and to express a strong opinion. The method used in this research is a descriptive, analytical, and critical method, where the researcher describes the views of the Mu’tazilah in relation with the qiyas as well as their evidences, and then analyzes and compares them with the views of their opponents from the majority of scholars, and then shows the strongest opinion between them. The research finds that the Nadzzam of the Mu’tazilah denied the authority of qiyas, and that Abu Hashim of the Mu’tazilah denied the analogy to an asset that did not stipulate his rule, while the Mu’tazilah generally saw that the illah can influent by itself. These three opinions are contrary to what the majority of scholars. After research and comparison, the researcher found that the views of the majority of scholars are stronger because their evidences are strong meanwhile the Mu’tazilah evidences are weak.

Tradisi Ambruk Dalam Masyarakat Dusun Ngesong Menurut Perspektif Hukum Islam Ahmad Zamzam Guntur
MAHAKIM Journal of Islamic Family Law Vol 2 No 1 (2018): January 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Proposal is a step toward marriage commonly done by men to deliver their purpose to marry girls and ask the girls’ parental blessing. Today, proposal in Javanese culture is various with the reasons of effectiveness in doing it and different situations. One of the varied proposals is that in Ngesong hamlet which is located in Tiron village, Banyakan subdistrict, Kediri regency. The phenomenon is tradition of staying overnight in a same house for the prospective bride and groom called ambruk. In this research, the researcher concerned in that entitled Ambruk Tradition in Ngesong Hamlet in View of Islamic Law. This research is a case study so that the researcher used the sociology of law for the approach. This is descriptive research using observation and interview in collecting the data. The research subject are Tiron village officials, the Tiron village chief, the village elders, the religious leaders and the people of Ngesong hamlet. Ambruk is a tradition done after engagement and determination of the wedding day with sumitting the prospective groom by his family to the prospective bride’s family. Ambruk has two elements; the prospective groom helps his future parents-in-law at work and stays overnight at their house. In the view of Islamic law, helping them is allowed but staying overnight is forbidden. It is included in ‘urf fāsid with concerns probably raising danger and sins of khalwah and zina, while the worries of those must be rejected as strong as possible. In conclusion, based on the concept of sadd al-dhari’ah that the tradition ambruk is not allowed according to the view of Islamic law.

Larangan Perkawinan dalam UUP No 1 Tahun 1974 dan KHI Perspektif Filsafat Hukum Islam Nastangin
MAHAKIM Journal of Islamic Family Law Vol 4 No 1 (2020): January 2020
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Rules for marriage restrictions are regulated in the Number Marriage Act. 1 of 1974 from Article 8-10 and also regulated in the Compilation of Islamic Law in Article 39, namely the prohibition for ever and Article 40-44, namely a temporary ban. The broadly outline, the contents of the rules on the marriage restrictions aresame, namely the prohibition of marriage with idolaters, marrying a woman who is still in the iddah period, marrying a stepmother, due to blood relations, intercession, stepchildren who are adherent with their mother, collecting two woman (muhrim). The purpose of this paper is to find out about the nature of the rules of marriage prohibition using the Philosophy approach of Islamic Law by explaining the nature and wisdom of its formal object. The conclusion of this paper is that there are rules for marriage restrictions to provide benefits to the community and someone who wants to get married because of the existence of these rules that not everyone can be married. This research is a library research (Library Reseach) by analyze various sources of laws relating to the prohibition of marriage. This research is also a qualitative research. According to Satori, qualitative research is descriptive because it describes an object, phenomenon or social setting that is translated in a narrative text. In line with the opinions of Surjono and Abdurahman, Dyah Ochtorina Susanti and A’an Efendi assert that doctrinal law research is systematic research on the rule of law regulate in certain areas of law, analyzing the relationship between one rule and another, explaining the difficult parts to be understood from a certain rule of law, it may even include predictions of the development of a certain rule of law in the future.

حقوق الملكية الفكرية وتحدياتها في الفقه الإسلامي Abdul Wahab Ahmad Khalil
MAHAKIM Journal of Islamic Family Law Vol 4 No 1 (2020): January 2020
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Contemporary life throws a number of new problems that need to be highlighted and clarified its legality, including Intellectual Property Rights. They were rights that appear in European societies, and then dealt with in the Islamic countries, so ulama’ and researches try to find out their legality. This research attempts to uncover the reality of intellectual property rights and their challenges in Islamic jurisprudence. The research reaches several results, the most important of which is that Islamic jurisprudence considers this kind of rights as a right and treasure that may be given and owned, attacking it is considered a punishable crime, and the intellectual property may be copied for personal use.

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

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Abstract

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Contact Name
Rezki Suci Qamaria

Contact Email
rezkisuciqamaria@iainkediri.ac.id

Phone
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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