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Fathonah K. Daud
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fathkasuwi@gmail.com
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+6281294044100
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alhakam.iaialhikmahtuban@gmail.com
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Jl. Pondok Pesantre Al Hikmah No. 1-3 Binangun Singgahan Tuban Jawa Timur 62361, Indonesia.
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INDONESIA
Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues
Published by Universitas Al-Hikmah Indonesia
ISSN : 27763404     EISSN : 27763404     DOI : https://doi.org/10.35896/alhakam.v3i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues,is a scientific periodical published by the Islamic Family Law Study Program, Fakulty of Syariah, University of Al-Hikmah Indonesia. The articles featured in this scientific periodical are about thoughts on family law, fiqh al-nisa, marriage traditions, Islamic justice and gender issues. Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues The main language is Indonesian, while the additional languages are English and Arabic. Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues is published twice a year, namely in May and November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 2 No 2 (2022): Al Hakam" : 6 Documents clear
TRADISI KAWIN NGARAH GAWE DALAM PANDANGAN HUKUM ISLAM (Studi di Desa Bukit Harapan Air Rami Kabupaten Mukomuko) Atep Sultanudin; Iim Fahimah; Badrun Taman
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 2 (2022): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v2i2.341

Abstract

This paper discusses the implementation of the Ngarah gawe marriage tradition in Bukit Harapan Village, Air Rami District, Mukomuko Regency, Bengkulu province, and how it is reviewed from the perspective of Islamic law. The research method used in this research is using the field research method (field research). The location of the research is in Buki Harapan Village, Air Rami District, Mukomuko Regency, and the data collection techniques are interview, observation and documentation methods. The results of the research are: (1) the implementation of the ngarah gawe marriage tradition is as follows; narosan, seserahan, ngaras, ngeuyeuk seureuh, and marriage contracts, with the aim of preparing to create a harmonious, peaceful and peaceful family through the assessment of the in-laws. (2) as for the process of implementing the ngarah gawe tradition, it does not conflict with Islamic Shari'a because in the process of implementation, the values or Islamic Shari'a are not forgotten in the slightest.
TRADISI NGEMBLOK DI DESA NGREJENG GRABAGAN TUBAN DALAM PERSPEKTIF ‘URF Mun'im .; Fathonah K. Daud
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 2 (2022): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v2i2.342

Abstract

This article discusses the Ngemblok Tradition in Ngrejeng Village, Grabagan District, Tuban Regency in the 'Urf. This study aims to: 1) Knowing the Ngemblok tradition in Ngrejeng Village, Grabagan District, Tuban Regency 2) Knowing 'Urf's Review of the Ngemblok Tradition in Ngrejeng Village, Grabagan District, Tuban Regency. This research uses a qualitative case study method and uses data collection methods in the form of observation, interviews and documentation. Then the data analysis techniques used in this research are data reduction, data presentation, conclusion drawing and or verification. The results of this study are'Urf's review of the Ngemblok Tradition in Ngrejeng Village, Grabagan District, Tuban Regency that women as blockers are not prohibited in Islam. This is based on the time of the Prophet Muhammad, who was also proposed by Siti Khatidjah through his trusted female servant, Nafisah. The goal from a religious point of view is to get a husband who is pious, and good for marriage. The legal basis for blocking is on the rules of العادة (‘urf) and the rules of fiqh المحُاَفَظَةُ عَلَى القَدِيْمِ الصَالِحِ الأَخْذُ باِلجَدِيْدِ الأَصْلَحِ (maintaining good old things and taking new, better things).
KEABSAHAN PRAKTIK AKAD NIKAH ORANG ISLAM DENGAN MASYARAKAT ADAT SAMIN DI DESA KARANGROWO UNDAAN KABUPATEN KUDUS Fatihatul Anhar Azzulfa; Moh Durrul Ainun Nafis
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 2 (2022): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v2i2.348

Abstract

The study aims to determine the practice of the Samin customary marriage contract with Muslims (non Samin) in Karangrowoi Village, Undaani district, Kudus Regency hich has differences with the marriage contract procession in general, where between ijab and kabul there must be a grace period (separately). The method used is descriptive-qualitative, which describe and explore the practice of marriage contract in the Samin community and then analyzes it based on the perspective of Islamic law and positif law. This tudy found that, what should have been the implementation of ijab and kabul carried out in one assembly (in one space and time), isn’t done that way by indigenous people of Samin. The implementation, kabul is delivered at different times so that its validity isn’t fulfilled as required by the pillars and conditions of marriage.
KETENTUAN NAFKAH KELUARGA DALAM PERSPEKTIF AL-QURAN DAN HADITS Ansari Ansari
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 2 (2022): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v2i2.350

Abstract

This paper examines the alimony in the family perspective of the Qur'an and hadith contained in surah Al-Baqarah verse 233 and surah Al-Nisaa verse 32, using the library research method, which uses literature, and other legal materials as the main object in studying living in the family. This paper aims to determine whether a wife can work outside the home to provide for the family and how Islam gives the wife the most expansive freedom to work outside the home. A basic need for both husband and wife towards their children and their families is earned. The results of this study show that the wife who works to help the husband meet the livelihood of her legal family mubah (may) with various meanings that the ulama have determined, namely with the husband's permission and indeed solely needed to meet the needs of the family. The need to work for the wife also needs to respect the conditions set by the ulama, namely by avoiding ikhtilat (mixing with men) in work to avoid negative things that may happen.
DOUBLE BURDEN PADA PEREMPUAN DITINJAU DARI PERSPEKTIF HUKUM ISLAM (STUDI KASUS DI HOME INDUSTRY KERUPUK “DUA PUTRA” SINGGAHAN TUBAN) Herfin Fahri; Vita Fitriatul Ulya
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 2 (2022): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v2i2.359

Abstract

The development of the times marked by the flow of globalization has also changed the human mindset. If in the past women were considered the second sex and only took part in the domestic sector, now there are many women who play a role equal to the position of men, for example with many women who are involved in the public sector, therefore the phenomenon of double burden or double burden. often afflicts women. This study aims to explore the double burden of female workers in the "Dua Putra" cracker home industry and viewed from the perspective of Islamic law. This research is a type of qualitative research with a phenomenological descriptive approach that examines the phenomenon of double burden in Lajolor Singgahan village, Tuban. The informants are 7 women working in the home industry of "Dua Putra " crackers. The results show that there are several reasons that motivate women to work in the informal sector such as the " duaputra " cracker home industry, including to improve the economy and family welfare, and to fill spare time for productive activities so that they can increase family income even though it is enough. Islam as a religion of rahmatanlil 'aalamiin punishes women to work with 3 laws, namely allowed, forbidden and obligatory. Each law applies to women depending on the accompanying conditions.
TINDAKAN ABORSI AKIBAT PERKOSAAN DALAM PERSPEKTIF KAIDAH FIQH AL-ḌARAR YUZÂLU Vevi Alfi Maghfiroh
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 2 (2022): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v2i2.361

Abstract

This article discusses the discourse on abortion in pregnancy of victims of rape in the perspective of al-ḍarar yuzâlu. Act No 36 of 2009 about health and Government Regulation Number 61 by 2014 about reproductive health, allows abortion due to rape. However, in its implementation there are still many obstacles, because of the abortion discourse which is still pro and contra, especially in terms of religion and cultural morals. This paper is a library research with qualitative data. Normatively, the discussion on abortion still raises various polemics and negative stigmas among the community as well as legal explanations. Therefore, this study is analyzed using the fiqh rule approach used in legal istinbaṭ by describing the reality of abortion and the impact of pregnancy due to rape for women. The purpose of this study is to become a discussion discourse to encourage good policies and regulations for women who become pregnans as a resultof rape. By using the rules of fiqh al-ḍarar yuzâlu, it is hoped that the harm is sought to be removed by terminating the pregnancy, as part of the protection of women, hifdz an-nafs, which is part of the maqâṣid al-syarȋ’ah.

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