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Nur Hakimah
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alusroh@iainptk.ac.id
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INDONESIA
Jurnal Hukum Islam dan Hukum Keluarga
Published by Institut Agama Islam Negeri Pontianak
ISSN : -     EISSN : 29887348     DOI : https://doi.org/10.24260/al-usroh
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Other
Al-Usroh is a Scientific journal in the field of Islami Family Law that published by Islamic Family Law Program Shariah Faculty State Institue Of Islamic Religious Pontianak. This journal countains the masterpiece of writers and reserches. This journal welcomes contribution from scholars and expert in releated disciplines, especially from Islamic Family Law Scholars. Al- Usroh is published twice a year in July and December. The focus of Al-Usroh is to provide a place for students to publish the original research of their undergraduate thesis. The scope is only on Islamic Family Law related to Islamic Family Law Department.
Arjuna Subject : Umum - Umum
Articles 10 Documents
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Search results for , issue "Vol 3 No 1 (2023): Hukum Keluarga Islam" : 10 Documents clear
MAKNA NORMATIF BESRABES PADA MASYARAKAT MUSLIM MADURA DESA DURIAN KECAMATAN SUNGAI AMBAWANG KABUPATEN KUBU RAYA Selamet Efendi Yusuf; Marluwi Marluwi; Ardiansyah Ardiansyah
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.862

Abstract

khitbah is the request of a man to a woman with the intention of getting married. The sermon is the first step that must be taken before getting married to open the door to marriage or before entering into a contract. However, the people of Durian Village, Sungai Ambawang Subdistrict, Kubu Raya Regency do not know the term khitbah in the process of getting married, especially the Madurese community, but they are more familiar with a tradition called besrabes, which is the first step taken before taking place wedding. This research will try to further reveal the traditional practices of besrabes carried out by the community, in this context the people in Durian Village, Sungai Ambawang District, Kubu Raya Regency will then be analyzed using al-'urf glasses.
PRAKTIK NGAMPANG DAN PANDANGAN TOKOH MUI TERHADAP PERMASALAHAN NGAMPANG DI KECAMATAN SINTANG, KABUPATEN SINTANG Muhammad Adib Alfarisi; Dahlia Haliyah Ma'u; Sadulloh Muzammil
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.866

Abstract

This article discusses the practice of Ngampang and the views of MUI leaders on the Ngampang problem in Sintang District, Sintang Regency. The purpose of this research is to find out: 1) Problems of Ngampang Practice in Sintang Regency; 2) The views of MUI Sintang figures on the problem of Ngampang practice in Sintang District, Sintang Regency. This study uses a descriptive qualitative method. The data sources in this study consisted of primary and secondary sources, namely: 1) Primary sources were MUI (Indonesian Ulema Council) figures at the MUI Office in Sintang District, Sintang Regency; 2) Secondary sources in the form of literature that provide information related to pregnant out of wedlock in the form of scientific papers, theses, journals, theses, dissertations, Marriage Law, KHI (Islamic Law Compilation), MUI Fatwa, and techniques used are in-depth interviews and documentation. Meanwhile, in analyzing the data, the researcher used an interactive model of data analysis method and verified the validity of the data by conducting a member check. Based on data analysis, the researcher concluded that the practice of ngampang or pregnant out of wedlock is a problem and a case in Sintang District. In pregnant out of wedlock marriages, they first customary traditional marriages, then legally marry according to state law and are registered with the marriage registration institution. There are three views of MUI leaders on the problem of ngampang practice, namely: first, it is permissible to marry for various reasons, namely social considerations, justice, and benefit. Second, it is permissible on condition that the man who marries her is the man who impregnated her. Third, it is not allowed, because in order to maintain the purity of religious teachings, marriage is forbidden and is an act of adultery (forbidden) which MUI is based on MUI FATWA No. 11 of 2012.
PERNIKAHAN DI BAWAH TANGAN KARENA DI BAWAH UMUR DI DESA SEMPARONG PARIT RADEN KECAMATAN SUNGAI KUNYIT KABUPATEN MEMPAWAH Muhammad Zainal Bahri; Marluwi Marluwi; Sadulloh Muzammil
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.875

Abstract

The purpose of This research is to find out: 1). What are the factors behind underhand marriages because they are underage 2). The impact of underhand marriages due to underage that occurred in Plangkeran Hamlet, Semparong Parit Raden Village, Sungai Kunyit District, Mempawah Regency. This study uses a qualitative research method with the type of field research (field research) and a sociological juridical approach. Sources of data used primary data in the form of interviews from the District KUA, Apparatus and the Semparong Parit Raden community, Sungai Kunyit District, Mempawah Regency whose subjects had been determined, namely the Head of KUA, Secretary , perpetrators of underhand marriages because they were underage. While secondary data in the form of Law no. 16 of 2019 concerning Marriage and the Compilation of Islamic Law (KHI). Data collection techniques are interviews and documentation. While the data analysis technique, the research carried out data reduction, data presentation and conclusions. Then for the inspection technique and the validity of the data using member check. The research results show that: 1). The factors of underhanded marriages because they are underage in Semparong Parit Raden Village, Sungai Kunyit District include educational factors, parental factors, and cultural factors. 2). The impact of underhand marriage due to underage in Semparong Parit Raden Village, Sungai Kunyit Subdistrict, includes the impact on making birth certificates for children and the impact of difficulties in obtaining education.
ANALISIS PERTIMBANGAN HAKIM DALAM MENOLAK PERKARA CERAI GUGAT KARENA MASIH MELAKUKAN HUBUNGAN SEKSUAL SUAMI ISTRI Ririn Nurhidayah; Wagiyem Wagiyem; Ardiansyah Ardiansyah
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.879

Abstract

This essay is written to answer the questions set forth in the problem formulation, namely: first, what is the legal basis for the judge in deciding the case decision number 111/Pdt.G/2019/PA.Ptk? second, what is the judge's consideration in refusing to file a lawsuit because there is still a husband and wife relationship in decision number 111/Pdt.G/2019/PA.Ptk? This research is a qualitative research with a descriptive approach. The data sources of this research consist of primary sources in the form of document manuscripts and secondary sources, namely KHI, Law Number 1 of 1974, Government Regulation Number 9 of 1975, books and journals that discuss the decisions of the cases studied. Furthermore, the data that was collected was analyzed with a deductive mindset to analyze the judge's decision to reject the divorce case because the plaintiff and the defendant were still having sexual relations. Based on the analysis carried out, the researchers concluded that the chronology of the divorce lawsuit against married couples who were still having sex was rejected by the Panel of Judges at the Pontianak Religious Court, in decision number 111/Pdt.G/2019/PA.Ptk it was the wife who initially proposed lawsuit because her husband who became a drug addict, was then imprisoned for six years and three months and there were constant disputes. However, in the process of the lawsuit, the plaintiff and the defendant still had a husband and wife sexual relationship. Based on this, the Majlis Hakim stated that the arguments of the plaintiff's claim for divorce were legally flawed. In the sadd az-zari'ah analysis, the judge's decision is appropriate because it aims to avoid avoiding a maslahah act that results in harm that the initial law of marriage is permissible but because there is still sexual intercourse which is feared to cause pregnancy, divorce is not allowed.
PERSEPSI TOKOH AGAMA TERHADAP UANG MAHAR YANG DIJADIKAN HIASAN DALAM AKAD NIKAH DI KECAMATAN SUBAH KABUPATEN SAMBAS Uswatun Khasanah; Muhammad Hasan; Sadulloh Muzamil
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.906

Abstract

The purpose of this research is to find out: 1) Perceptions of religious figures on the dowry of money that is used as decoration for ever and temporarily. 2) The perception of religious leaders on the forms of dowry that can be used as decoration in the marriage contract. 3) Perceptions of religious leaders on the originality of the dowry of money used as decoration in the marriage contract. The research method used in this study is a qualitative research method, with an empirical approach and using field research. The primary data sources for this study were religious leaders in Subah District, Sambas Regency. Secondary data sources are the Qur'an, hadith, theses, journals and books. Data collection techniques used were interviews and documentation. Data collection tools were recorders and interview guides. The data analysis technique used was data reduction, data exposure and drawing conclusions. Checking the validity of the data by using the source triangulation. This study concludes that: 1) Regarding the perception of religious figures on the dowry of money that is used as decoration in the long term and meanwhile there are 3 opinions, namely agree, neutral and disagree. 2) Perceptions of religious leaders on the forms of dowry that can be used as decoration, there are 3 forms, namely money, a set of prayer tools and jewelry, but among the three money is the most frequently used. 3) Perceptions of religious figures on the originality of the dowry of money used as decoration in the marriage contract, there are 2, namely real money and play money.
PELAKSANAAN KEWAJIBAN AYAH DAN UPAYA HUKUM IBU DALAM MEMBERI NAFKAH KEPADA ANAK PASCA PERCERAIAN DI KECAMATAN KAPUAS KABUPATEN SANGGAU Wellanda Umi Fitri Ananda; Dahlia Haliah Ma'u; Ardiansyah Ardiansyah
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.907

Abstract

Research aims; 1) Describe the practice of father's obligation to support children after divorce in Kapuas District, Sanggau Regency; 2) Describe the efforts that must be made by mothers so that fathers complete their responsibilities in supporting their children after separation in Kapuas District, Sanggau Regency. In this study, the researcher uses a field research type of research, namely to find out a phenomenon that occurs in the field by seeking as much data as possible and as accurately as possible with the facts that occur. In this appropriate examination technique to decide on the implementation of the father's commitment in providing a living for the child. Data collection methods used by scientists are perception, encounter and documentation. The findings of this study indicate that the implementation of the father's obligations in providing for his child after a divorce occurs in the Kapuas District, Sanggau Regency, varies. Gradually, the arrangement of living by the father was done voluntarily and not implemented. Meanwhile, the legal action that must be taken by the mother so that the father carries out his obligation to bear their children after the separation is that the mother has the right to file an objection regarding the child's maintenance to the Religious Court, if after the decision there is no good faith from the father. So the mother can submit an execution to the Religious Court with a note that the mother knows the financial ability of the ex-husband and what assets the husband has, in order to make it easier for the Court to execute him. In civil law there is no legal consequence that binds the father if he is negligent in providing a child's support, there is only an act of execution in the form of auctioning the goods or property owned by the father to pay for the child's debt. This execution can be carried out at the request of the mother, if there is no submission from the mother, then there is no punishment for the father. But in criminal law, the mother can file a criminal case against child abuse. So that the father can be punished physically, namely in prison. In Law No. 23 of 2004 concerning the Elimination of Domestic Violence, article 9 paragraph (1).
PANDANGAN KEPALA KANTOR URUSAN AGAMA (KUA) MELAWI TERHADAP FENOMENA PERNIKAHAN BEDA AGAMA DI KABUPATEN MELAWI Rendi Julianto; Muhammad Hasan; Arif Wibowo
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.915

Abstract

The purpose of this study was to find out: 1) To find out the views of the head of the office of religious affairs (kua) melawi on interfaith marriages between Muslim men and non-Muslim women. 2) To find out the views of the head of the office of religious affairs (kua) Melawi on interfaith marriages of non-Muslim men and Muslim women. Primary data source Head of Religious Affairs Office (KUA) Melawi. This study uses interview data collection techniques. Meanwhile, data analysis by reducing the very basic things is then summarized to be presented in the form of a narrative. So that it can be concluded, the data is also checked for validity by triangulating sources. The results showed: 1) The views of the head of the Office of Religious Affairs (KUA) Melawi on interfaith marriages, where Muslim men marry non-Muslim women, namely that there are those who state that it is not permissible based on QS Al-Baqarah 221, Law Number 16 of 2019 Amendments to Law Number 1 of 1974, the Compilation of Islamic Law, and the 2005 MUI Fatwa concerning interfaith marriages. In addition, there are also those who say that marriage is permissible as long as it is with an ahlul Kitab based on QS Al-Maidah 5, and the jurists of 4 schools of law allow interfaith marriages with an ahlul Kitab. 2) The view of the head of the Office of Religious Affairs (KUA) melawi on interfaith marriages for non-Muslim men marrying Muslim women. All heads of KUA Melawi agree that interfaith marriages for Muslim men marrying non-Muslim women are illegal and unlawful based on QS Al-Baqarah 221, QS Al-Mumtahanah 10, Law No. 16 of 2019 Amendments to Law No. 1 of 1974, the Compilation of Islamic Law, and the 2005 MUI Fatwa on interfaith marriages.
EFEKTIVITAS SIDANG KELILING DALAM PENYELESAIAN PERKARA CERAI GUGAT DI PENGADILAN AGAMA SUNGAI RAYA Mursyid Mursyid; Muhammad Hasan; Nur Hakimah
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.919

Abstract

The purposeoof this research isito find out: 1). The effectiveness of the implementation of the circuit court at the Sungai Raya Religious Court. 2). The effectivenesss of case settlement throughha circuit courtiat the Sungai Raya Religious Court in 2021. This study uses a qualitative method with an empirical type. Sources of data are primary data through interviews with clerks, substitute clerks and judges. While secondary data is taken from literature related to this research, such as Supreme Court Regulation Number 1 of 2014 concerning Guidelines for Legal Services for the Poor and Supreme Court Circular Number 10 of 2010 concerning Guidelines for Legal Services in Religious Courts. Data collection techniquessare interviewssand documentation.aThe data collection toollused by the researcher is an interview guide. While the data analysis techniques researchers use data reduction, data presentation and drawing conclusions. Then the validity of the data is checked by member checking method. The results showedethat: 1). The effectiveness of the circuit court implementation can be seen from the implementation procedures that can reduce the queues of cases that accumulate at the Sungai Raya Religious Court Office. As for service users, the perceived benefit is a closer distance. So that it can be said that the circuit court is effective in terms of the procedures for its implementation. 2). Judging from the settlement of the case, it can be seen from the handlingeof cases that are relatively few and do not require a long time so that they are more relaxed in completing the settlement of cases that are resolved through mediation. In addition, the effectiveness of the settlement can be seen in the financing where service users are more efficient in transportation to the location. So that the trial can be opened to run effectively from the settlement of the case is enough.
PENYALURAN ZAKAT FITRAH KEPADA DUKUN BERANAK DALAM TINJAUAN HUKUM ISLAM Dedi Setiawan; Marluwi Marluwi; Moh. Fadhil
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.926

Abstract

This study aims to find out why the people of Dusun Rantau Panjang choose to distribute zakat fitrah to traditional birth attendants and to know about the delivery of zakat fitrah to traditional birth attendants according to Islamic law. This study uses a qualitative method (field research) empirical normative type. Sources of primary data through interviews and secondary data from previous studies. While the data analysis technique consists of data reduction, data presentation and conclusions. Then the validity of the data is checked by doing a member check. The results showed that the distribution of zakat fitrah in Dusun Rantau Panjang was distributed directly and through amil zakat. The distribution of zakat fitrah to traditional birth attendants is still not in accordance with Islamic law because the traditional birth attendant is still considered a capable person. Some people channel their zakat to traditional birth attendants because they do not know their legal status. The distribution of zakat fitrah for dukun beranak is not in accordance with the provisions in the Qur'an at-taubah verse 60. Traditional birth attendants tional midwife can receive zakat fitrah if they fall into one of the eight asnaf categories.
PERMOHONAN DISPENSASI NIKAH DI BAWAH UMUR DI PENGADILAN AGAMA NANGA PINOH PADA TAHUN 2020 Siti Hardayanti; Marluwi Marluwi; Sa'dulloh Muzammil
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.938

Abstract

This study aims to find out: The reasons for the application for exemption for underage marriage at the Nanga Pinoh Religious Court and the basis for the judge's considerations in examining and determining the case for the requesting for exemotion for underage marriage at the Nanga Pinoh Religious Court. The method used in this study is a qualitative method with the type of empirical juridical research. The primary data source used was interviews with the Judge and Registrar of the Nanga Pinoh Religious Court. The secondary data used are books, journals, previous theses, Law No. 1 of 1974, Law No. 16 of 2019, Supreme Court Regulation Number 5 of 2019, as well as the annual case report of the Nanga Pinoh Religious Court. Data collection techniques in the form of interviews, observation and documentation. Then the data analysis technique uses reduction, presentation and conclusion drawing. After all the data is collected, then its validity is checked using source triangulation. The findings of this study indicate that the Request for marriage exemption at the Nanga Pinoh Religious Court is caused by changes to the Marriage Law, then there are very urgent reasons such as having had sexual relations which led to pregnancy outside of marriage. Worried about the emergence of slander from the community, then the habits of some people. In handling the marriage dispensation, the Judge is guided by PERMA No. 5 of 2019 especially the best interests of the child, during the process of handling marriage exemption cases there are supporting factors such as clear regulations, awareness of the applicant's parents, as well as electronic litigation regulations. The inhibiting factors are that the applicant does not present the parties, the administrative requirements are incomplete, the size of the jurisdiction of the Nanga Pinoh Religious Court, the community does not understand technology, and there is a language barrier.

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