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Hamdan Arief Hanif
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INDONESIA
Jurnal Hukum Keluarga Islam
Published by Universitas Sultan Ageng Tirtayasa
ISSN : 30312337     EISSN : 30312507     DOI : http://dx.doi.org/10.62870/qanun
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Qanun aims to serve as an academic discussion ground on the development of Islamic Family Law and gender issues. It is intended to contribute to the long-standing (classical) debate and to the ongoing development of Islamic Family Law and gender issues regardless of time, region, and medium in both theoretical or empirical studies. Al-Ahwal always places Islamic Family Law and Gender issues as the focus and scope of academic inquiry.
Arjuna Subject : Umum - Umum
Articles 14 Documents
 1   2 
Konsistensi Hukum Hadhanah Di Indonesia: Studi Yuridis Normatif Terhadap Putusan Pengadilan Nabila Hasna Putri; Palmawati Tahir; Muhamad Muslih
Qanun Vol. 1 No. 2 November 2023
Publisher : Universitas Sultan Ageng Tirtayasa

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Abstract

Hadhanah is one of the important aspects regulated in Indonesian law. This can be seen from the existence of Hadhanah which is regulated in Article 105 letter (a) of the 1991 Presidential Instruction of the Republic of Indonesia concerning the Compilation of Islamic Law which regulates that after a divorce, the care of a child who is not mumayyiz or not yet twelve years old is the right of the mother. This is different from the judge's decision number 4391/Pdt.G/2021/PA.JS which stipulates that custody of children who are not yet mumayyiz is given to the father as the defendant. Based on these problems, the researcher formulated an identification problem, namely what was the basis for the judge's considerations and how the legal consequences of the court decision were connected to the Marriage Law and the Compilation of Islamic Law. Then the researcher used the theory of justice and the theory of legal certainty. Then the research method used is normative juridical, with research specifications in the form of a statutory approach and a case approach. The conclusion of this research is that the judge gave custody of the child who had not yet mumayyiz into the hands of the father based on several considerations by not only prioritizing legal formalities, but also considering the best interests of the child. 
Front Matter Vol. 1 No. 2 November 2023 kudrat Abdillah
Qanun Vol. 1 No. 2 November 2023
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Pemberian Nafkah Iddah dan Mut’ah Akibat Pembatalan Nikah karena Murtad M. Khoirur Rofiq; Siti Fauzizah; Najichah Najichah
Qanun Vol. 1 No. 1 Mei 2023
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Apostasy in Indonesian marriage law can be the reason for the termination of a marriage through divorce or Fasakh (annulment of marriage) as in 2 decisions of Pengadilan Agama Kendal Nomor 2186/Pdt.G/2019/PA.Kdl dan 1727/Pdt.G/2020/PA.Kdl. Initially, both were divorce cases which were decided by the panel of judges based on the ex officio rights of the judge. Fasakh decision is because one of the husband and wife apostates and determines the iddah and mut’ah expenses. This research includes legal research with a juridical and case approach. The results of this study are (1) Judges use ex officio rights in deciding divorce cases due to apostasy being a marriage phase according to the judge's interpretation in addition to the lack of clarity of marriage marriage law because of apostasy in Indonesian marriage law. (2) The determination of the iddah income due to the marriage phase is analogous to the iddah income due to talak divorce (proposed by the husband) and the wife is not nusyuz. As for the determination of mut’ah living due to apostasy due to apostasy, it is equated with the provisions of mut’ah living due to divorce on the condition that the wife has intercourse and is not nusyuz. 
Dominasi Istri Pencari Nafkah Utama dalam Keluarga Naili Zakiyyah; Mukhamad Suharto
Qanun Vol. 1 No. 2 November 2023
Publisher : Universitas Sultan Ageng Tirtayasa

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Abstract

Many wives become Women Workers (TKW) while husbands at home are odd-job workers, which in turn can have negative implications starting from family conflict, less than optimal care for children to divorce. This study aims to describe the dominance of the wife's role as the main breadwinner to meet the economic needs of her family. Especially what happened in Cangkuang Village, Babakan District, Cirebon Regency. The problem formulated is limited to why the main breadwinner wife is so dominant and how the sociology of law reviews the role shift that occurs. This research is field research, descriptive analytical in nature and uses a normative sociological approach with the intention that the knowledge and description of the role of the main breadwinner wife becomes clear. From the research findings, 60% of informants in Cangkuang Village are the main breadwinners because they want to meet the needs of the family, while the husband is a freelance worker. From the optics of Legal Sociology, it emphasizes that the wife's role is dominated by the element of "adaptation," where economic needs that must be met are social facts. This is then followed by positive and negative impacts. On the positive side, the family economy can be fulfilled and children learn to live independently. On the negative side, there is a pattern of husband and wife relationships that are full of conflicts that lead to divorce or less harmonious relationships between close relatives and can adversely affect the behavior of children as well as their educational development because the care of their mothers is not fulfilled optimally. Then from a normative point of view, it can be explained that if the wife works as a migrant worker and the husband is pleased, then according to the Marriage Law the husband is still obliged to provide maintenance as long as the wife is not disobedient or nusyuz. 
Pembagian Peran Suami dan Istri dalam Membangun Rumah Tangga Sakinah Menurut Syekh Nawawi Al-Bantani Zulkifli Reza Fahmi
Qanun Vol. 1 No. 1 Mei 2023
Publisher : Universitas Sultan Ageng Tirtayasa

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Abstract

Husband and wife in the household have their respective duties and roles in creating the goals of marriage, namely sakinah mawaddah and rahmah. However, lately many households have found it difficult to create and realize the goals of the marriage. This happened allegedly due to a lack of knowledge on the part of the wife and husband regarding their roles and duties in the household. One of the Indonesian ulama who has an interesting multidisciplinary scientific capacity to study is Syekh Nawawi Al-Bantani. Where he also concentrated on discussing munakahat fiqh to the point where he wrote the books Uqudul-lujjain and Nihayatu-z-Zain. In this study used a qualitative method with a library research approach. Researchers use descriptive methods to parse, interpret and analyze data. From the results of this study it was found that according to Sheikh Nawawi the rights and obligations of husband and wife are very important to understand in order to know the roles and duties of each in building a happy family of sakinah mawaddah wa rahmah as the goal and vision of marriage. In this division refers to the rights and obligations of husband and wife. On this basis, the husband's role is as a leader or head of the household, breadwinner, educator and teacher for his wife. Meanwhile, the wife's role is as a husband's companion who must obey except in disobedience, household managers, and husband's partners in achieving life goals.
Front Matter Vol. 1 No. 1 Mei 2023 kudrat Abdillah
Qanun Vol. 1 No. 1 Mei 2023
Publisher : Universitas Sultan Ageng Tirtayasa

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Konstruksi Kesetaraan Gender (Keluarga Pasangan Karier di Kabupaten Wonosobo) Herlina Nur Afida; Hasman Zhafiri Muhammad; Khoiruddin Nasution
Qanun Vol. 1 No. 2 November 2023
Publisher : Universitas Sultan Ageng Tirtayasa

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Abstract

Harmony is something that is always desired by families of career couples, but reality shows that gender inequality often occurs in families where the husband and wife both work outside the home. This article aims to elucidate the condition of dual-career couples' families in the village of Tosari Rejo and how they establish gender equality within the family. The research type in this article is field research. Data collection in this study was conducted through observation, interviews, and documentation. The research findings indicate that the construction of gender equality in dual-career couples' families in Tosari Rejo Village can be achieved through various combinations of roles between husbands and wives. Out of the six families who served as informants in this study, they have good gender partners in decision-making, financial management, and child-rearing. However, in terms of domestic work, not all husbands are aware of the need to contribute to household chores, so wives are not burdened with a dual role.
Analisis Putusan Hakim tentang Penolakan Permohonan Itsbat Nikah (Putusan No. 47/Pdt.P/2021/PA.Tas Hakim Pengadilan Agama Tais) Alifia Meita Putri; Muhamad Muslih
Qanun Vol. 1 No. 1 Mei 2023
Publisher : Universitas Sultan Ageng Tirtayasa

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Abstract

The problem in this research is that Article 2 paragraph 2 of Law no. 16 of 2019 concerning Amendments to Law no. 1 of 1974 concerning Marriage states that every marriage must be recorded according to the applicable laws and regulations, so that if there is an underhand marriage, the marriage certificate must be submitted, but in the judge's decision No. 47/Pdt.P/2021/PA.Tas the judge of the Tais Religious Court rejected the submission of the marriage certificate. Identification of the problem in this study, namely what are the judges' considerations at the Tais Religious Court in rejecting the application for itsbat nikah? So what are the legal consequences for underhanded marital status and child status? The research method used is normative juridical, with a statutory approach and a case approach. The theory used in this study is the theory of legal certainty and the theory of justice. The data source is secondary data, with the technique of collecting data from the study of literature and analyzing the data used, namely descriptive qualitative. The conclusion of this study is the rejection of the marriage certificate by the judge on the grounds that there is no good faith from the applicant so that this causes the applicants to not get legal certainty regarding marital status and child status. The legal consequence of the rejection of the application for itsbat nikah makes the marital status of the applicants remain in the status of underhanded marriage and the status of the child becomes a child out of wedlock.
Back Matter Vol. 1 No. 1 Mei 2023 kudrat Abdillah
Qanun Vol. 1 No. 1 Mei 2023
Publisher : Universitas Sultan Ageng Tirtayasa

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Nafkah Istri Terhadap Suami Disabilitas Perspektif Hukum Islam Hamdan Arief Hanif
Qanun Vol. 1 No. 2 November 2023
Publisher : Universitas Sultan Ageng Tirtayasa

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Abstract

This research is motivated by the reality of the life of a husband who has a disability so that there is a limitation in the husband's role, one of which is in earning a material living so that the wife must work in order to meet the family's economic needs. The problem formulation that will be developed is about the law regarding working wives and its relevance to family support obligations. Analyze the legal basis for husbands with disabilities in relation to their obligation to provide support for their families. The aim is to know the law regarding providing family support by a wife and providing support by a husband with a disability. This research use desciptive qualitative approach. The data collection methods used by researchers are: first, documentation, which in this case is theories in fiqh, the Koran and Hadith. and the second is to conduct interview sessions with disabled families who meet the author's criteria. The data analysis technique used is content analysis, namely research that seeks the relevance of scientific theory to the content of interview information. Based on the results of this research, interviews with disabled families and literature review of several theories of fiqh, al-Qur'an and Hadith. That a wife is allowed to provide maintenance to a husband. regardless of the husband's disability, this law is general so it can be carried out by other families. From the results of the analysis, the nature of the income provided by the wife remains a side or additional income. It is not the main income, so the husband is still obliged to provide the main income. there is no reason to cancel it. Because in Islamic law, providing maintenance to a wife does not have a minimum limit, so it does not burden a husband even if he is disabled. 

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