Syakhshiyyah Jurnal Hukum Keluarga Islam
Syakhshiyyah Jurnal Hukum Keluarga Islam is a scientific, peer-reviewed and open access interdisciplinary journal published twice a year (June and December). This journal is the result of a collaboration between Institut Agama Islam Negeri (IAIN) Metro Lampung and the Association of Indonesian Family Law Lecturers (ADHKI). This journal is managed by the Ahwal Syakhshiyyah Study Program, Faculty of Sharia. The Journal of Islamic Family Law Syakhshiyyah provides a means for ongoing discussion of relevant issues that fall within the focus and scope of the journal, which can be examined empirically. The journal publishes research articles covering aspects of Islamic Family Law, Islamic Inheritance Law, and Review of Religious Court Decisions. The breadth of coverage of the Islamic Family Law context published by this journal not only covers local and regional dimensions but includes national to international dimensions.
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<![CDATA[MODEL PERKAWINAN SIRRI DAN AKIBAT HUKUM BAGI ANAK DAN ISTRI ]]>
<![CDATA[Rizqi Suprayogi]]>;
<![CDATA[Fredy Gandhi Midia ]]>
<![CDATA[ Syakhsiyah Jurnal Hukum Keluarga Islam Vol 2 No 2 (2022): Syakhshiyyah Jurnal Hukum Keluarga ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Metro ]]>
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DOI: 10.32332/syakhshiyyah.v2i2.6163
<![CDATA[Marriage has useful lessons for human life to achieve happiness for those who run it. So fostering a good and happy family is the dream ideal in every marriage. However, Islamic law often encounters difficulties in achieving these ideals in its journey. This is due to the fact that from the very beginning, the formation of marriage gave room for things to arise that mafsadatan arise in the household, such as unregistered marriages. This unregistered marriage has different models according to the intent of secrecy, whether the State does not register it, not published to the public, or there are no witnesses. The State does not accommodate the legal consequences of sirri marriages for children and wives. Therefore, protection for children and wives due to sirri marriages must be realized.]]>
<![CDATA[Representasi Perempuan dalam Proses Legislasi: Catatan Sejarah Undang-Undang No 46 tahun 1946 dan Undang-Undang No 1 Tahun 1974 ]]>
<![CDATA[Mufliha Wijayati ]]>
<![CDATA[ Syakhsiyah Jurnal Hukum Keluarga Islam Vol 2 No 2 (2022): Syakhshiyyah Jurnal Hukum Keluarga ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Metro ]]>
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DOI: 10.32332/syakhshiyyah.v2i2.7006
<![CDATA[This Article explain the involvement of women’s organization in the legislation process of marriage regulations in Indonesia. The research data for this study was obtained from a literature review on history of Islamic Family law reform in Indonesia and an examination of the surrounding historical context. The involvement of women in the legislative process aims to ensure that regulations on marriage and divorce in Law number 22 of 1946 ang Law number 1 of 1974 do not result in discrimination and violence againt women but instead provide protection and equality for all parties involved. Trough astudy of literature on family law reform, specially regarding divorce regulations, this article enables readers to understand that the struggle for justice and equality in family relations must continue beyond the legislative process and extend to the implementation level, as well as efforts to improve the reforms.]]>
<![CDATA[PERBANDINGAN SUMBER-SUMBER HUKUM DAN KARAKTERISTIKNYA DALAM KAJIAN SYARIAH DAN PERUNDANG-UNDANGAN ]]>
<![CDATA[Ja'far Shodiq ]]>
<![CDATA[ Syakhsiyah Jurnal Hukum Keluarga Islam Vol 2 No 2 (2022): Syakhshiyyah Jurnal Hukum Keluarga ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Metro ]]>
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DOI: 10.32332/syakhshiyyah.v2i2.6167
<![CDATA[The presence of pawnshops in Indonesia is no stranger. This institution has become very popular among the people when Eid arrives. It is a tradition for travelers to pawn their valuables before the month of Shawwal. Seen from the point of view of its function as a source of law in a formal sense, every agreement, whether it is called a law-making treaty or a treaty contract, is law-making, meaning it gives rise to law. It can be added that generally, law-making treaties are multilateral agreements, while special agreements are bilateral agreements. pawn according to the Civil Code (Burgenlijk Wetbiek) Book II Chapter XX article 1150, is: a right that is obtained by a person who is indebted to a movable object, which is handed over to him by a debtor or another person on his behalf and who gives power to the creditor it is to take payment of the item in priority over other creditors, except the costs for auctioning the item and the costs incurred to save it after the item is mortgaged, which costs must take precedence. This research was created so that the public knows about the sources of law and characteristics in the study of Sharia and legislation.]]>
<![CDATA[PERKAWINAN BEDA AGAMA ]]>
<![CDATA[Huzaini ]]>
<![CDATA[ Syakhsiyah Jurnal Hukum Keluarga Islam Vol 2 No 2 (2022): Syakhshiyyah Jurnal Hukum Keluarga ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Metro ]]>
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DOI: 10.32332/syakhshiyyah.v2i2.6168
<![CDATA[Talking about interfaith marriage is no longer a new phenomenon but has become commonplace in society and even become a trend among celebrities. However, in interfaith marriages, we often encounter questions about whether or not interfaith marriages are legal and the law in Islam, whether the man or woman is Muslim. Life like this is a necessity that has become the nature or instinct of every human being. Therefore, Islam pays considerable attention to this marriage issue, including marriages between people of different religions or interfaith marriages. Religious texts prohibit Muslim marriages with polytheists. In general, apart from the laws in force in Indonesia, religious teachings also become a "barrier" to marriage. So that most of them took the initiative to carry out marriages abroad or in other ways, namely holding marriages according to the religions of both parties. In this case, those who hold a view based on relativism on religious truth and benefit do not make a problem of marriage between a Muslim and a non-Muslim, both male and female.]]>
<![CDATA[KEDUDUKAN DAN HIKMAH MAHAR DALAM PERKAWINAN ]]>
<![CDATA[Leo Perkasa Maki]]>
<![CDATA[ Syakhsiyah Jurnal Hukum Keluarga Islam Vol 2 No 2 (2022): Syakhshiyyah Jurnal Hukum Keluarga ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Metro ]]>
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DOI: 10.32332/syakhshiyyah.v2i2.6138
<![CDATA[Islam terdapat aturan-aturan tertentu untuk melaksanakan pernikahan, salah satunya mengenai mahar yang merupakan harta pemberian yang menjadi hak istri dari suaminya. Mahar sendiri memiliki makna yang cukup dalam, hikmah dari disyariatkannya mahar ini menjadi pertanda sendiri bahwa seorang wanita memanglah harus dihormati dan dimuliakan, besar kecilnya suatu mahar ditetapkan atas persetujuan dari kedua belah pihak karena pemberian itu harus di berikan secara ikhlas.]]>
<![CDATA[RELASI ANTARA LAFAZ-LAFAZ DALAM USHUL FIQH DENGAN PROBLEMATIKA HUKUM KELUARGA ]]>
<![CDATA[Nurul Mahmudah]]>;
<![CDATA[Nency Dela Octora]]>
<![CDATA[ Syakhsiyah Jurnal Hukum Keluarga Islam Vol 2 No 2 (2022): Syakhshiyyah Jurnal Hukum Keluarga ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Metro ]]>
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DOI: 10.32332/syakhshiyyah.v2i2.6169
<![CDATA[This paper discusses the understanding of pronunciation in ushul. The fiqh that needs to be known is due to the existence of clear and unclear pronunciation and how it relates when analyzing family law problems/ problems such as the problem of registering marriages. This paper makes use of descriptive qualitative research methods. Literature study becomes a reference for material reviewers and is analyzed in depth. As for the results of this paper, Judging from the kezahiran a lafaz, the recording of a marriage contract is legally obligatory as is required in a mu`amalah contract. Written evidence can be used for matters relating to the continuation of the marriage contract. With this evidence, the couple can avoid harm in the future because this written evidence can legally process various household issues, especially as the most valid evidence in religious courts.]]>
<![CDATA[KONSEP NAFKAH MENURUT MUHAMMAD SYAHRUR DAN KOMPILASI HUKUM ISLAM ]]>
<![CDATA[Riyan Erwin Hidayat]]>;
<![CDATA[Muhammad Nur Fathoni]]>
<![CDATA[ Syakhsiyah Jurnal Hukum Keluarga Islam Vol 2 No 2 (2022): Syakhshiyyah Jurnal Hukum Keluarga ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Metro ]]>
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DOI: 10.32332/syakhshiyyah.v2i2.6139
<![CDATA[Livelihood is meeting the needs of food, shelter, and the wife's treatment, and it is clear that a husband is obliged to provide maintenance to his wife. Based on the law, maintenance is a husband's obligation to his wife that must be met in the form of household needs in accordance with the husband's ability. However, at present, there are various disputes regarding what conditions are included in subsistence, especially in terms of types of subsistence. Therefore, this research is a study that discusses the concept of living according to Muhammad Syahrur and the Compilation of Islamic Law. About how the relevance of his thoughts. To know the relevance of Muhammad Syahrur and the Compilation of Islamic Law regarding maintenance. The type of research used is library research, so the research is not a "trial and error" activity (a step of activity carried out to try and try again). Based on the explanation of Law Number 1 of 1974 concerning marriage and KHI, it can be concluded that the husband is obliged to provide maintenance for his wife because maintenance is the second obligation of the husband to his wife after the husband gives the dowry to the wife.]]>
<![CDATA[SEANGKONAN DAN RELEVANSINYA DENGAN PRINSIP KAFA’AH DALAM PERKAWINAN ISLAM ]]>
<![CDATA[Gandhi Liyobra Indra]]>
<![CDATA[ Syakhsiyah Jurnal Hukum Keluarga Islam Vol 2 No 2 (2022): Syakhshiyyah Jurnal Hukum Keluarga ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Metro ]]>
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DOI: 10.32332/syakhshiyyah.v2i2.6171
<![CDATA[The purpose of writing this article is to analyze the relevance of seangkonan in Lampung pubian traditional marriages with the principle of kafa'ah in Islamic marriages. This is based on the fact that in the Lampung Pubian tradition, if someone who is going to marry one of the couples does not come from the Lampung Pubian tribe, the person concerned must follow the Seangkonan tradition. This tradition is a condition for the candidate to be recognized according to custom and marry according to custom. If you do not follow this tradition, the person concerned will be subject to sanctions. This research is a field research that is descriptive qualitative in nature with the main data coming from interviews. The results of Seangkonan in the context of efforts to equalize positions are in line with the concept of kafa'ah in Islam. This is because seangkonan in the Lampung pubian custom is an attempt to recognize an equal position. Only in a formal legal context, there is nothing formal that underlies the permissibility of seangkonan in the Lampung pubian custom as one of the things that must be done by couples who are about to get married. This is precisely what causes harm.]]>
