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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 54 Documents
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ANALISIS YURIDIS TERHADAP ISBAT NIKAH YANG AKAD NIKAHNYA OLEH WALI HAKIM (STUDI PENETAPAN PENGADILAN AGAMA NANGA PINOH, NOMOR:56//PDT.P/2020/PA.NGP) Reja Reja; Muhammad Hasan; Nur Hakimah
Al-Usroh Vol 2 No 2 (2022): 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.v2i2.706

Abstract

The purpose of the study is to find out: 1. How is the juridical analysis of the applicant's arguments in submitting the marriage isbat on a copy of the determination of the Nanga Pinoh Religious Court Number ; 6//Pdt.P/2020/PA.Ngp 2. How is the juridical analysis of the judge's legal considerations in marriage isbat on a copy of the determination of the Nanga Pinoh Religious Court Number ; 56/Pdt.P/2020/PA.Ngp. This research uses a qualitative normative juridical research method. Sources of data in this study usingsecondary data obtained from official documents, books related to the object of research, namely a copy of the determination of the religious court Number: 56/Pdt.p/2020/PA.Ngp research results in the form of reports, theses, and statutory regulations law. The technique used to collect data is document study. In technical data analysis, the researcher performs technical content analysis (content analysis). Content analysis is a systematic study of records or documents as sources of data. Based on the analysis conducted, the researcher concludes that in submitting the arguments of the applicant in submitting a marriage isbat, in marriage the applicant uses a guardian judge that is not in accordance with the regulations with the Director General of Community Guidance Number 1 of 2015andPMA Number 30 of 2005, and the reasons for the applicants submitting the marriage certificate to obtain a marriage certificate and for making the applicant's child birth certificate which is not in accordance with the Compilation of Islamic Law Article 7 paragraph 3. AndThe consideration of the Nanga Pinoh Religious Court judge in determining the marriage isbat at number 56/Pdt.P/2020/PA.Ngp did not pay attention to the facts revealed by the trial such asjudge's position, so that the panel of judges only considered from the sociological aspect, namely in order to create benefit without paying attention to the philosophical aspect, namely legal justice and the juridical aspect, namely legal certainty, so that it does not fulfill these three elements, then a determination will be not good.
MAHAR DAN UANG ASAP PERNIKAHAN ETNIS MADURA (Studi Kasus Siantan Tengah Kecamatan Pontianak Utara) Bunasan Bunasan; Dahlia Haliyah; Arif Wibowo
Al-Usroh Vol 2 No 2 (2022): 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.v2i2.718

Abstract

The purpose of this study was to find out: 1) To find out the procedures for determining the dowry and smoke money of Madurese ethnicity in Siantan Tengah, North Pontianak District. 2) To find out the law of dowry and smoked money according to Islamic law. This research uses descriptive qualitative methods. The source of data in this study is primary data where researchers take information from informants such as people who are experienced (experienced) and are in that situation. Techniques used to collect interview data, document study. In technical data analysis, the researcher uses data reduction, presentation, and drawing conclusions. Then check the validity of the data, re-check. Based on the analysis conducted by the researcher: 1) The procedure for determining the dowry, the smoked money of the Madurese Central Siantan ethnic, North Pontianak District with several stages, including a meeting of the two parties to negotiate (deliberation) after that, to reach a consensus. 2) Dowry in Islamic law is obligatory in giving but may not say because dowry is not included in the pillars of marriage. 3) Smoked money in Islamic law Al-urf where Urf is divided into two parts, Urf sahih (good), Urf fasid (bad), from this smoke money is included in Urf sahih (good).
TRADISI FENOK-FENOK DAN MELENG MANDRE LALENG BOCOK PADA PERNIKAHAN SUKU BUGIS MENURUT TOKOH AGAMA ISLAM TELUK PAKEDAI DUA Agus Sulianto; Marluwi Marluwi; Sa'dullah Muzammil
Al-Usroh Vol 2 No 2 (2022): 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.v2i2.719

Abstract

The objectives of this study were: 1) To find out the implementation of the Fenok-Fenok and Meleng Mandre Laleng Bocok Traditions at the Bugis Tribe's traditional wedding in Teluk Pakedai Dua Village: 2) To find out the beliefs of the people of Teluk Pakedai Dua Village if the FenokFenok and Meleng Mandre Laleng Bocok Traditions in Bugis Tribe traditional marriages are not carried out: 3) To find out the views of religious leaders in Teluk Pakedai Dua Village about the Fenok-Fenok and Meleng Mandre Laleng Bocok Tradition at the Bugis Tribe of Teluk Pakedai Dua Village. This study uses a descriptive method with a qualitative approach in order to reveal the state of the research object as it is based on the data collected at the time the research was conducted. The data sources of this research consist of primary sources and secondary sources, namely: 1) The primary data used in this study is information on indigenous people and residents who have carried out the Fenok-Fenok Tradition and the Meleng Mandre Laleng Bocok Tradition in Teluk Pakedai District, Teluk Pakedai Dua Village: 2) Sources of secondary data are obtained from texts, marriage books, scientific journals, previous research, websites and the community of Teluk Pakedai Dua village. The data collection technique used by the researcher was in the form of interviews. To analyze the data, researchers used data reduction, data presentation, and conclusions. Based on the analysis conducted, the researchers concluded that: 1) The procedure in implementing the Fenok-Fenok and Meleng Mandre Laleng Bocok Tradition, the Bugis community of Teluk Pakedai Dua Village, has the potential to cause conflict in Islam which in the implementation of this tradition uses offerings, where these offerings have the potential to cause shirk when viewed from the point of view of Islamic law: 2) The belief of the Bugis people of Teluk Pakedai Dua Village has been passed down for generations in believing in the Fenok-Fenok and Meleng Mandre Laleng Bocok Tradition if they do not carry out this tradition, they will get interference from supernatural beings such as trance, and the appearance of spirits often occurs: 3) The views of religious leaders (Ustadz) of Teluk Pakedai Dua village on the Fenok-Fenok and Meleng Mandre Laleng Bocok Tradition do not conflict with Islamic law because everything depends on intentions. The impact of this research is expected to be a reference material and study material for the community and researchers who are in research.
PERTIMBANGAN HUKUM HAKIM TERHADAP PERKARA DISPENSASI NIKAH (Studi Penetapan Pengadilan Agama Kelas 1-A Pontianak Nomor 42/Pdt.P/2019/PA.Ptk) Nugrahanto Nugrahanto; Dahlia Haliyah; Moh. Fadhil
Al-Usroh Vol 2 No 2 (2022): 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.v2i2.721

Abstract

The purpose of this study is to find out what are the basic sociological considerations and what factors cause sociological considerations to judge the considerations of the Religious Court Class 1-A Pontianak, in granting or rejecting the case of the marriage dispensation. Researchers use qualitative research methods with the type of field research (field research), namely research to solve problems and find theories based on verification of data collected in the field. The normative juridical approach, namely legal research conducted by examining library materials or secondary data as the basis for research, by conducting a search on regulations and previous research relating to the problem under study. The results of the study show that: the basis of sociological considerations is to maintain or prevent a bigger problem from occurring, according to the fiqh rule that preventing damage is prioritized over bringing good, this pregnant woman candidate cannot be separated from the basic considerations by the judges even though it is not stated in the determination of considerations , also do not merely become pregnant as a marriage dispensation granted. There are several factors of sociological consideration of the judges of the Pontianak Religious Court class 1-A in determining the case of marriage dispensation. Among other things: the circumstances, the closeness between the prospective husband and wife and the agreement or agreement on the rights of a child.
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).

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