cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Hamdan Arief Hanif
Contact Email
hamdanarief@untirta.ac.id
Phone
+6285643967220
Journal Mail Official
qanun@untirta.ac.id
Editorial Address
Jl. Raya Palka No.Km 3, Sindangsari, Kec. Pabuaran, Kabupaten Serang, Banten 42111
Location
Kab. serang,
Banten
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 7 Documents
 1 
Search results for , issue "Vol. 1 No. 1 Mei 2023" : 7 Documents clear
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
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

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. 
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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Analisis Persepsi Hakim Terhadap Pembayaran Uang ‘Iwad dan Khulu’ dalam Perceraian (Studi Kasus di Pengadilan Agama Wonosobo) Hasna Afifah
Qanun Vol. 1 No. 1 Mei 2023
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The background of this research is in terms of the ignorance of people about what the payment of ‘iwadh and khulu’ are in which they, in fact, have been stated in the sighot taklik talak as well as in the marriage certificate as issued by Ministry of Religion. Khulu’ is a divorce where a wife pays the amount of money as ‘iwadh (substitute) to the husband; meanwhile, ‘Iwadh refers to the pillar that is a must in doing the khulu’. In the hadith regulating about khulu’, it is stated that iwadh is given to the husband but in reality in the Religion Court it is not a must to be given. This is a field research using the qualitative method through interview and using the empirical juridical approach to obtain the information related. Meanwhile, the data were taken from the Religion Court of Wonosobo, and other data related to the payment of ‘iwadh and khulu’. This research is more focused on the issue of legal basis of verdict in the payment of ‘iwadh in Religion Court of Wonosobo. The basis of judge in determine the payment of ‘iwadh and khulu’ in a divorce in based upon the regulation of sighot taklik stated in the marriage certificate issued by the Religion Court. Meanwhile, in khulu’ the verdict is given by court when all subtitutes have been paid. Based upon this problem, the research focus is how the analysis on the payment of ‘iwadh and khulu’ in a divorce and what is the legal basis of the verdict about the payment of ‘iwadh and khulu’ in Religion Court of Wonosobo.
Eksistensi Wasiat Wajibah sebagai Alternatif dalam Pembagian Waris yang Ahli Warisnya Beragama Non - Muslim di Indonesia Lia Antasiyah; Isna Veviati; Wiwin Yulianingsih
Qanun Vol. 1 No. 1 Mei 2023
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The zdivision zor ztransfer zof zinheritance zrights zis zgiven zto zthe zheirs zor zif zthe zheirs zare zprevented zfrom zgetting zthe zinheritance, zthen za zwill zcan zbe zused. A zwill zis za zgift zfrom zone zperson zto zanother, zwhether zin zthe zform zof zobjects, zreceivables, zor zbenefits zto zbe zowned zby zthe zbeneficiary zas za zgift zthat ztakes zeffect zafter zthe zdeath zof zthe zperson zmaking zthe zwill. The zterm zobligatory zwill zwas zfirst zrecognized zin zthe zEgyptian zInheritance zLaw zwhich zis zused zto zhelp zmale zgrandsons zwho zare zhindered zfrom zobtaining zinheritance zdue zto zbeing zveiled zby zsons zfor zgranddaughters, zthus zwith zthe zobligatory zwill zit zallows zsomeone zwho zis zhindered zby zthe zright zto zobtain zinheritance zrights. possible zto zinherit. This research is a normative juridical research, the main material is based on several theories, concepts, and principles of law and related laws and regulations in this study. The approach used is the statute approach and the case approach. The position of non-Muslim children to the inheritance of Muslim heirs is not as heirs where in Islamic Inheritance Law does not recognize heirs to people of different religions (non-Muslims), because the purpose of inheritance itself is according to the concept of maqashid al-syariah (the purpose of inheritance Islamic law) operationally is to maintain property and offspring. This is the reason that the position of the right of non-Muslim children to the inheritance of Muslim heirs is regulated in the Islamic Inheritance Law in force in Indonesia which places children of other religions from the religion embraced by the heir not to inherit but to obtain a mandatory will.

Page 1 of 1 | Total Record : 7

 1 

Filter by Year

2023 2023


Reset
Filter By Issues
All Issue Vol. 1 No. 2 November 2023 Vol. 1 No. 1 Mei 2023