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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 
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

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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.
Perkawinan Anggota Lembaga Dakwah Islam Indonesia Menurut Hukum Perkawinan Islam Indah Listyorini; Burhanatut Dyana; Ree Naldy Candra Pramudya
Qanun Vol. 1 No. 2 November 2023
Publisher : Universitas Sultan Ageng Tirtayasa

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Abstract

The Indonesian Islamic Da'wah Institute (LDII) group in Bojonegoro Regency strictly adheres to the rules within its organization. It is prohibited to marry someone from a different organization or other than a member of the Indonesian Islamic Da'wah Institute (LDII). The aim of this research is to find out what the legal form of marriage is for members of the Indonesian Islamic Da'wah Institute (LDII) in Bojonegoro Regency. This research is field research, using a qualitative approach. By using primary and secondary data. The data that has been obtained is then processed using the theories of marriage, kafaah and Islamic law. The results of research on the form of marriage for members of the Indonesian Islamic Da'wah Institute (LDII) in Bojonegoro Regency according to Islamic law is the same as the marriage of other Muslim members, namely harmony and the conditions for marriage are the same as in general, there is a bride and groom, guardian, two witnesses and a qobul consent. Meanwhile, the Koran and Hadith are the basis. Members of the Indonesian Islamic Da'wah Institute (LDII) prefer people from the same group or organization because there is a sense of comfort in their own hearts, which is hoped by all the kufu' in terms of the organization, it can create harmony in the household later because there is a common understanding. 
Back Matter Vol. 1 No. 2 November 2023 kudrat Abdillah
Qanun Vol. 1 No. 2 November 2023
Publisher : Universitas Sultan Ageng Tirtayasa

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Abstract

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

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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.

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