Al-Hukama: The Indonesian Journal of Islamic Family Law
Al-Hukama serves academic discussions of any Indonesian Islamic family law issues from various perspectives, such as gender, history, sociology, anthropology, ethnography, psychology, philosophy, human rights, disability and minorities, digital discourse, and others. It intends to contribute to the debate in classical studies and the ongoing development debate in Islamic family law studies in Indonesia, both theoretical and empirical discussion. Al-Hukama always places the study of Islamic family law in the Indonesian context as the focus of academic inquiry.
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<![CDATA[KEBIJAKAN POLSEK TANDES SURABAYA BAGI KEHARMONISAN RUMAH TANGGA TAHANAN PERSPEKTIF MASLAHAH MURSALAH ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 7 No. 2 (2017): Desember 2017 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/al-hukama.2017.7.2.187-213
<![CDATA[This is a field research that aims to find out the policies of the district police of Tandes, Surabaya for the harmony of household prisoners and the analysis of maslahah mursalah on those policies. The result of the research concludes that the policies of the district police of Tandes, Surabaya allow prisoners to meet their families on terms that have been agreed by prisoners and police officers of Tandes, Surabaya. It is an effort to develop cases that are being experienced by prisoners as well as stabilizing emotional condition of the prisoners who have already married. Such policies are in line with maqasid al-shariah and maslahah mursalah concept. All that can be seen from the fulfillment of the five basic guarantees of life (salvation of religion, soul, mind, descendant, and possession) and fulfilled the conditions that exist in maslahah mursalah. It’s just that the government’s attention to the rights and obligations of prisoners who have already married is felt to be lack. Therefore, the government should pay more attention to the rights of the people in making policy. For the people, they should pay attention to the fate of their families who become prisoners, not to be ostracized because it is not impossible they want to be better than ever.]]>
<![CDATA[MOTIF POLIGAMI DENGAN WANITA PEKERJA SEKS KOMERSIAL EKS. LOKALISASI MOROSENENG PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 7 No. 2 (2017): Desember 2017 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/al-hukama.2017.7.2.138-162
<![CDATA[This is a field research that focuses on “Polygamy Motive with Commercial Sex Worker Woman in Moroseneng Localization within the Perspective of Islamic Law’. The research aims to find out how Islamic law views polygamy motive with commercial sex worker women in Moroseneng localization, Benowo, Surabaya. If we compare with the polygamy motive under the time of Prophet Muhammad, the polygamy motive with commercial sex worker women in Moroseneng localization is not much different namely to help and elevate women to be more noble. It's just all the motives of polygamy by the Prophet Muhammad’s time are not entirely implemented. The motive of polygamy with commercial sex worker women in Moroseneng localization is more to meet sexual needs and help. However, helping and raising the degree of commercial sex worker women to be a good woman is the main motive. If the polygamy with commercial sex worker women aimed to help, lead, and guide them in goodness and keep them away from evil, give them a lawful living, and can do justice among the wives, then the legal status of polygamy is recommended (sunnah) and allowed]]>
<![CDATA[PERNIKAHAN DENGAN PEKERJA SEKS KOMERSIAL DI LOKALISASI MOROSENENG PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 7 No. 2 (2017): Desember 2017 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/al-hukama.2017.7.2.111-137
<![CDATA[This is a field research that highlights the marriage with commercial sex workers in Moroseneng localization of Benowo, Surabaya and its legal status. The study concludes that there are three cases of marriage in the localization. The first, the wife is still active as a commercial sex worker for two months after her marriage took place. The second, the wife had repented before the marriage took place, and the third, the wife had stopped after her marriage. This marriage is held as in general, that are by fulfilling the marriage pillars, namely the prospective husband and wife, marriage guardian, two witnesses and ijab qabul, and reinforced by a certificate of marriage from the local village office (kelurahan). Muslim scholars differ on the law of marrying adulteress women, there is an absolute allowance and there are also some conditionals. The School of Imam Hanafi, Imam Shafi'I’ and Imam Maliki agree that the law of marriage is permissible because there is no prohibition to marry an adulterous woman. While Imam Hanbali requires adulterous women to marry should repent first. Thus, marriage with commercial sex workers in Moroseneng localization of Benowo Sub-District of Surabaya City is valid, let alone the pillars have been fulfilled. In addition, the underlyed reason for the marriage is the desire to help commercial sex workers from her prostitution environment and foster good housekeeping.]]>
<![CDATA[EFEKTIFITAS PERATURAN MAHKAMAH AGUNG TENTANG PROSEDUR MEDIASI TERHADAP PERAN MEDIATOR DI PENGADILAN AGAMA SIDOARJO ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 7 No. 2 (2017): Desember 2017 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/al-hukama.2017.7.2.163-186
<![CDATA[This paper intends to compare the effectiveness of Supreme Court Regulation no. 1 of 2008 and Supreme Court Regulation no. 1 of 2016 about mediation procedures to mediators’ role in Religious Court of Sidoarjo. By the documentation and interview techniques, this paper found that mediators in the Religious Courts of Sidoarjo became a facilitator in solving problems or disputes to reach favorable agreement for the parties. There is a difference between Perma No. 1 of 2008 with Perma No. 1 of 2016, namely the shorter duration of mediation, the obligation for the parties to attend directly the mediation meeting, and the existence of rules of good faith in the mediation process and its legal consequences. These differences are quite helpful in facilitating the mediation process, but there is no significant change in success rate prevention of divorce due to lack of good faith from the litigants. The Sidoarjo Religious Court should socialize Perma No. 1 of 2016 on mediation procedures to mediators and the parties of the dispute. Mediators in the Religious Courts of Sidoarjo should understand and apply correctly the existing rules in Perma No. 1 of 2016 on Mediation Procedures.]]>
<![CDATA[TES KESEHATAN PRA NIKAH BAGI CALON MEMPELAI LAKI- LAKI DI KANTOR URUSAN AGAMA (KUA) JATIREJO MOJOKERTO ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 7 No. 2 (2017): Desember 2017 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/al-hukama.2017.7.2.85-110
<![CDATA[This article examines the implementation of “pre-marriage health test for bride and groom in Religious Affairs Office (KUA) of Jatirejo Sub-district, Mojokerto Regency on the maslahah mursalah perspectiveâ€. Pre-marriage health test in Religious Affairs Office (KUA) of Jatirejo Sub-district, Mojokerto Regency is solely done for bride and groom. The Public Health Center (Puskesmas) asks globally about history of disease, height, and weight of the bride and groom. In Islam, it is permissible (mubah) and included in hajiyyah benefit. The pre-marriage health test is one of the efforts to keep the offspring (hifz al-Nasl). Pre-marriage health test that should be done by both bride and groom gives many benefits. One of them is to prevent the transmission of disease like mentioned in the phrase “prevention is better than cureâ€, the government should also provide convenience to community by reducing the cost of medical examination.]]>
<![CDATA[REINTERPRETASI KONSEP MAHRAM DALAM PERJALANAN PEREMPUAN PESPEKTIF HERMENEUTIKA FAZLUR RAHMAN ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 7 No. 2 (2017): Desember 2017 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/al-hukama.2017.7.2.251-274
<![CDATA[Discuss the issue of women is no end. Every angle of women invites a discussion that must be done in depth, including the issue of hadith which describes the necessity of a mahrom for women when they want to travel. On the one side the necessity of mahram has a positive impact for the security and protection of women, but on the other side invites problems because the dynamics of women's lives today that require doing activities outside the home without having to be accompanied by mahrom. Really a dilemma for women. On the one side want to live his life according to the command of religion by following the hadith of the Prophet, but on the other side, when following hadith textualy will make her busy in activity outside the home. Therefore, this paper will discuss more deeply the problem of women's journey by reinterpretation mahram concept of Fazlurrahman hermeneutic perspective, in order to find the best solution for Muslim women in particular, for Muslims in general.]]>
<![CDATA[TAFSIR MAQĀŞID DENGAN PENDEKATAN GENDER TERHADAP AYAT-AYAT HUKUM KELUARGA ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 7 No. 2 (2017): Desember 2017 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/al-hukama.2017.7.2.1-31
<![CDATA[This research focuses on rediscovering the verses about the establishment of the family law and the events or the reason of the revelation of the verses. It is then analyzed within the frame of maqÄÅŸid and gender approach. The verses can be classified into 3 areas, among others; (a) family law verses starting from marriage to separation either due to death or divorce, (b) the guardianship law verses of the immature child; (c) verses of family wealth law (amwÄl al-usrah) which includes inheritance, wasiyat, endowment and everything related to acceptance and or giving. The usage of maqÄÅŸid and gender perspectives are based on chapter al-RÅ«m (30): 21; that marriage rules are aimed to building a harmonious family, which spawns a loving relationship between husband and wife, and compassion among their children. The harmony is awakened through close relationship among husband, wife, and children who are able to fulfill their rights and obligations of each with full of love and affection. Each has the ability to control such rights and obligations freely and proportionately.]]>
<![CDATA[PERATURAN BUPATI ROKAN HULU PROVINSI RIAU NOMOR 5 TAHUN 2016 TENTANG KEWAJIBAN MENGIKUTI KURSUS PRA-NIKAH ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 7 No. 2 (2017): Desember 2017 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/al-hukama.2017.7.2.214-250
<![CDATA[This article examines the review of Islamic law against regulation of Rokan Hulu District No. 5 of 2016 on pre marriage course. Regent’s regulation No. 5 of 2016 on pre-marriage course is seen under the maslahah mursalah theory. With the course, the prospective husband and wife already have a lot of supplies to deal with various problems that will arise in the future. In addition, the prospective husband and wife are more stable to get marriage because they have already got a lot of knowledge and motivation from pre-marriage courses held by the government of Rokan Hulu Regency. This program also contains elements of avoiding damage, namely divorce which will have a bad consequence for the offspring. Divorce is expected to be avoided by having sufficient knowledge about domestic life, especially the rights and obligations of husband and wife. Besides using maslahah mursalah, this study also uses the theory of saddu al-dzari'ah. The high divorce rate in Rokan Hulu regency is due to several factors, namely the increasingly sophisticated information technology that facilitates infidelity, the unpreparedness of the bride and groom to receive 100 % of their partners post-marriage, economic factors, the lack of knowledge about marriage and the lack of religious education. The various reasons above, especially the problem of the lack of knowledge about marriage can be closed and avoided by the existence of intense marriage supplies. One of the debriefings could be through a pre-marriage course program held by the Regent of Rokan Hulu.]]>
<![CDATA[Analisis Yuridis Pandangan Hakim Pengadilan Agama Sukoharjo Terhadap Pelaksanaan Putusan Tuntutan Nafkah Pasca Cerai ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 7 No. 2 (2017): Desember 2017 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/al-hukama.2017.7.2.57-84
<![CDATA[The application of divorce granted by the Religious Court in its verdict will result in legal consequences, ie the ex-wife is entitled to get mut’ah and post-divorce living (except for the ex-wife before conducting sexual intercourse). But, the fact is not always like that. Without legal awareness from the ex-husband, legal certainty for the ex-wife will not be realized and hindered in the effort to get her rights, in the form of mut'ah and post-divorce living. The effectiveness of the execution of the verdict is also influenced by the active role of the judge ordering the ex-husband to provide his ex-wife before the vow of the divorce is read. Although there are not laws governing it, but the Judges of the Religious Court of Sukoharjo conducted legal discovery in accordance with the principles of civil procedure law. The solution to the payment of subsistence payment before being read by the pledge of divorce is a manifestation of legal certainty as stipulated in Article 5 paragraph (1) of Law Number 48 Year 2009 on judicial power. The judge should maximize the role to advise the ex-husband so that his willingness to carry out the contents of the verdict and postpone the reading of the pledge of divorce before the ex-husband fulfills the decision (paying post-divorce living).]]>
<![CDATA[KEDUDUKAN ANAK ANGKAT DALAM HUKUM WARIS ISLAM DAN HINDU ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 7 No. 2 (2017): Desember 2017 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/al-hukama.2017.7.2.32-56
<![CDATA[Both of Islam and Hindu have regulated in detail the issues of inheritance. If the two are compared, it can be seen that there is a difference in positioning adopted child, where in Hindu law is used as the cause of inheritance whereas in Islamic law it is not. Thus, it can be seen that the adopted child does not belong to the heirs in Islamic law, so the inheritance rights remain to his biological family, not his adopted family. However, they can get a share of the property of their adopted parents by the way of a testament not more than 1/3 of a part, even in this case, article 209 paragraph 2 of KHI states that against a adopted child who does not receive a will is given a maximum of 1/3 of the inheritance of his adopted parents. Unlike the Islamic law, Hindu law classifies adopted sons including in heirs whose inheritance rights are transferred to their adopted families and are equal to those of legitimated children who inherit in the first place with the possibility to obtain all parts if no children are equal.]]>
