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.
Articles
216 Documents
<![CDATA[Kategori Perkawinan Belum Tercatat dalam Blangko Kartu Keluarga Perspektif Yuridis ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 9 No. 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alhukama.2019.9.2.296-324
<![CDATA[This article discusses marital status in a family card that has a registered marriage and an unregistered marriage. The important question to be answered through this article is that the legal basis for making the marriage category has not been recorded as one of the marital status in the family card blank. The analysis is carried out using the applicable laws and regulations namely Law Number 1 of 1974 concerning Marriage, Government Regulation Number 9 of 1975 concerning Implementation of Law Number 1 of 1974 concerning Marriage, Compilation of Islamic Law, and Regulation of the Minister of Religion of the Republic of Indonesia Number 19 of 2018 concerning Marriage Registration. Changes in marital status in family card blanks regulated in Minister of Domestic Affairs Regulation Number 118 of 2017 concerning Family Card Blanks, Registration and Quotation of Civil Registration Deed, caused the Directorate General of Population and Civil Registration of the Ministry of Home Affairs of Indonesia to make the development of the population database change to SIAK 7. This change has caused the registration of marriages which initially functioned to guarantee legal order as instruments of legal certainty through proof of marriages, to be disorderly in the law. It is because in the long-term marriages have not been recorded and remain facilitated by the state through fulfillment of administrative rights.]]>
<![CDATA[Program Multi Level Marketing Generasi Berencana Kabupaten Pasuruan Perspektif Maslahah Mursalah ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 9 No. 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alhukama.2019.9.2.264-295
<![CDATA[This article discusses the theory of mashlahah mursalah on the Multi Level Marketing Planning Generation Program (MLM Genre) of the Family Planning and Women's Empowerment Office in Pasuruan Regency. From the research on the MLM Genre program organized by the Family Planning and Women's Empowerment Office of Pasuruan Regency, it can be concluded: First, this program has not been implemented properly because the program should have been implemented in every sub-district in Pasuruan Regency, which amounted to twenty-four Districts, but for now it is still running in five districts only. Among the factors is the lack of awareness of the Pasuruan community to participate in running the program. Second, the Multi Level Marketing Planning Generation Program organized by the Family Planning and Women's Empowerment Office of Pasuruan Regency in terms of activities and material delivered by the Family Planning and Women's Empowerment Office of Pasuruan Regency provides benefits for adolescents and the surrounding community who will get married. In the perspective of the maslahah mursalah, it has fulfilled the requirements of the mashlahah, and does not contradict to the texts, real, general in nature, and has many benefits.]]>
<![CDATA[Nikah dengan Dua Akad dan Dua Wali yang Berbeda Perspektif Maslahah di KUA Wonokromo Surabaya ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 9 No. 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alhukama.2019.9.2.399-432
<![CDATA[This paper discusses the implementation of marriage with two different contracts and trustees at the Office of Religious Affairs (KUA) in Wonokromo, Surabaya. The data in this article is collected by documentation and interview with the head of KUA of Wonokromo and witnesses to marriage and analyzed using descriptive analysis technique. In the case of this marriage, the first marriage contract uses a nasab guardian because the marriage officer (penghulu) knows his nasab guardian is Muslim. Then the second contract uses the judge guardian because in the bride’s family card, the guardian is Christian. Even though it has been married by a nasab guardian, the head of KUA of Wonokromo listed in the marriage certificate is the judge guardian that the supporting documents in the marriage require the use of a judge’s guardian. This implementation is included in the maslahah mulghah because the use of the contract with the judge guardian is rejected by the proposition that he knew that the nasab guardian was Muslim. This means that if there is a legal guardian who has the right to marry, then the judge guardian does not need to be used.]]>
<![CDATA[Analisis Maslahah Mursalah Terhadap Pendapat Penghulu KUA Wonocolo Surabaya Tentang Nilai Mahar ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 9 No. 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alhukama.2019.9.2.478-495
<![CDATA[This paper is the result of research using field research methods to answer two questions, that is: how is the view of the head of KUA Wonocolo in carrying out the registration of marriages with low value for dowry and how is the analysis of the mas}lah}ah mursalah in fiqh and KHI on the view of the head of KUA Wonocolo in carrying out the registration of marriage which is nominally small. Data collection in this research was taken through interviews and documentation and then the data were analyzed using editing and organizing techniques. The opinion of the head of the KUA regarding the rejection of submissions for dowry with a small penalty occurred at KUA Wonocolo, Surabaya. According to the KUA Wonocolo, the dowry price can be an indicator of marriage readiness for the bride and groom. the opinion of the head of KUA regarding the dowry boundaries used by the head of KUA Wonocolo is based on the concepts of fiqh and KHI, which then the authors analyze with the concept of maslahah mursalah. The results of this research conclude that the aim of the head of KUA Wonocolo argues that he rejects the submission of dowry with a small penalty because, it is considered not to show the seriousness of the prospective husband to foster a household with his future wife and the opinion of the head of KUA Wonocolo is in accordance with the concept of mas}lah}ah mursalah.]]>
<![CDATA[Peran Media Sosial Bagi Suami Istri dalam Menjalani Hubungan Pernikahan Jarak Jauh ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 9 No. 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alhukama.2019.9.2.359-479
<![CDATA[In the present time the impact of technological progress can be felt in many aspects of life, including marriage. The progress of the development of communication technology has made it easy to communicate specifically for married couples who are undergoing long-distance marital relationships, so that the relationship is maintained and harmonious. Social media is now used as a tool for communication, for example WhatsApp, Line, Facebook, or Instagram. All of those media are used because of their speed in conveying messages, so that long-distance couples can still communicate well and quickly. In a marital relationship, of course, there are fulfillments of rights and obligations. These fulfillments can still be fulfilled through social media, but they are not as maximized as when dealing directly.]]>
<![CDATA[Implementasi Isbat Nikah Massal Di Madura: Kajian Sosiologis-Filosofis ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 9 No. 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alhukama.2019.9.2.347-372
<![CDATA[Marriage is a very important and sacred event in married life. Marriage is a legitimate starting point to establish kinship and brotherhood of the two extended families. So, it’s not uncommon for a wedding to be enlivened by a lively party, spending a very large budget. Nevertheless, there is a certain community in Madura that ignores it, so it does not record it in the official institution, the KUA (the Office of Religious Affairs). Even though marriage registration brings benefit, justice and protection of civil rights as well as preventive measures in preventing unawareness, so that the MWC NU of Gapura, Sumenep runs a program called “Mass Isbat Nikah”. The above problems raise two questions. Why do many isbat of marriage occur in a married couple? and how is the implementation? The review of this article will focus on how the implementation of mass marital marriage in Madura with socio-philosophical analysis.]]>
<![CDATA[IMPLEMENTASI SISTEM INFORMASI MANAJEMEN NIKAH GANDA: STUDI KEBIJAKAN STRATEGIS TRANSFORMATIF DAN EFEKTIVITAS HUKUM ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 9 No. 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alhukama.2019.9.2.373-398
<![CDATA[The web-based Marriage Management Information System (SIMKAH) is a new system that is used in the Office of Religious Affairs (KUA) Districts throughout Indonesia, replacing the desktop-based SIMKAH. Although Regulation No. 20 of 2019 regarding Marriage Registration has been passed to fully switch to web-based SIMKAH, the KUA of Gayungan, Surabaya, instead chose to implement Dual SIMKAH, which is web and desktop based. This article aims to find out the description and implementation of Dual SIMKAH in KUA of Gayungan, as well as a review of transformative strategic policies and legal effectiveness on the implementation of the Dual SIMKAH. This field research uses descriptive qualitative methods. Data mining is done through in-depth observation and interviews, as well as hands-on experience so that goals can be realized. This study produces several conclusions: (1) the implementation of Dual SIMKAH is very much needed as an anticipative effort when web-based SIMKAH experiences problems, especially in server repair, (2) the implementation of Dual SIMKAH can be assessed as a transformative strategic policy, (3) at the technical level, implementation Web-based SIMKAH still contains various problems, such as the application of Dual SIMKAH which has more support, old habits that are still inherent, the absence of announcements when the server will be repaired, and social conditions that make it impossible to switch completely to web-based SIMKAH.]]>
<![CDATA[Analisis Yuridis Perceraian Luar Pengadilan di Desa Nyormanis Kecamatan Blega Kabupaten Bangkalan Madura ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 9 No. 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alhukama.2019.9.2.433-458
<![CDATA[Law in Indonesian has regulated the procedures for marriage, divorce, and reconciliation in Law No. 1 of 1974 concerning Marriage. And also stated in Law No. 22 of 1946 concerning the Recording of Divorce and Referrals. From the explanation contained in the positive law, it can be seen that the meaning of divorce is the breaking of the marriage ties of a married couple as a result of the failure to carry out the marriage due to several things such as death and court decisions. Divorce in law of Indonesian must be announced before the court. The pronouncement of divorce before the court is a mandate from article 115 of the Compilation of Islamic Law (KHI) which reads “Divorce can only be conducted in front of a Religious Court hearing after the Religious Court has tried and failed to reconcile the two parties.” But in fact, there are still many Indonesian people who do divorce not before the court. Divorce which is done outside the court is very negative, especially for the wife. Divorce is done only by word alone without going through a pledge in front of the court, then the state does not want to recognize the divorce, so that if the wife wants to remarry with another person, then it cannot be done because the wife does not have an official divorce certificate from the court.]]>
<![CDATA[Analisis Kritis Terhadap Fikih Perceraian Responsif Gender: Studi Penerapan Kaidah Maqasid al-Syari'ah ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 10 No. 1 (2020): June 2020 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alhukama.2020.10.1.20-41
<![CDATA[This study discusses the application of maqasid al-shar'ah principles in the gender-responsive marriage Jurisprudence. The focus of this research is: how the principles of maqasid al-shar'ah could be used as a foundation and approach of Ijtihad? How is the application of maqasid al-shar'ah principles in the issue of gender-responsive marriage Jurisprudence? This research is a qualitative research, which is in the form of descriptive-analytical library research. The approach used is the philosophical approach. In this study it was found that there are four rules of maqasid al-shar'ah which are used as the basis for jihad. These norms was then applied in a gender-responsive divorce Jurisprudence. This research concludes, that the holder of divorce rights is male, but the divorce can be pronounced based on the court's decision so that the results are more objective. In addition, divorce must be done for certain reasons, such as the cause of a constant dispute that cannot be resolved. Therefore, divorce without cause and without dialogue with his wife, is prohibited because it gives the effect of harm especially to his wife and children.]]>
<![CDATA[Nalar Integrasi Fikih dan Psikologi Keluarga dalam Pandangan Hakim Agama Jawa Timur Tentang Hak Asuh Anak Pasangan Murtad ]]>
<![CDATA[ AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 10 No. 1 (2020): June 2020 ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya ]]>
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DOI: 10.15642/alhukama.2020.10.1.73-98
<![CDATA[One of the causes of divorce which was decided by a Religious Court judge was because of the apostasy of one of the spouses. Divorce due to apostasy leaves problems in parenting. To whom the child custody will be given must be considered by the judge. This research is empirical research (field study) with fiqh and family psychology approach to get an understanding of the basic considerations of judges in establishing child custody in the case of an apostate partner. Through interviews and documentation, the study found, that the consideration of judges based on three things: first, normative basis, which is based on the consideration of Constitution No. 1 of 1974, Compilation of Islamic Law, Constitution No. 7 of 1989 Jo. Constitution Number 30 of 2006 concerning Childcare, and Number 23 of 2002, Supreme Court jurisprudence Number 210 / K / AG / 1990. Second, fiqh basis, which refers to the requirements of the Hadhanah which are in line with fiqh and the provisions of the Hadhanah based on Syafii's Madzab. Third, the psychological basis, which considers all psychological problems related to children. By using this integrative analysis the judge considers that the requirements for Muslims to care for children are in line with psychological values, that the family must provide Islamic education to shape the child's mental spirit.]]>
