This article analyzes the authority of Islamic family law among the heads of the Religious Affairs Office (KUA) in Ternate and Tidore, Indonesia. This research is a type of field research with qualitative methods. The research involved princes in the northern Maluku region consisting of the Sultanates of Ternate and Tidore. The research results show that the headman has coercive authority to force legal implementers (children or parents for parties who are getting married) to comply with existing rules because there is a legal basis which is the authority of the headman as the party registering the marriage. In dealing with legal authorities such as in determining marriage guardians, determining the period of 'iddah and pregnant marriages, the headmen in Ternate and Tidore generally use Fiqh legal considerations rather than state laws such as KHI and so on. This is because formal legislation issued by the state (such as KHI) does not have a negotiating nature and is final. Furthermore, alternatives for consideration of minimizing harm and taking the path to benefit are taken from the legal propositions of Fiqh.
{"title":"THE AUTHORITY OF ISLAMIC FAMILY LAW AMONG THE HEADS OF TERNATE AND TIDORE RELIGIOUS AFFAIRS OFFICES","authors":"Fatum Abubakar, Muhrim Djakat, Nining Zahara Ismail Zahara Ismail, Darwis U. Bicoli","doi":"10.35896/alhakam.v4i1.496","DOIUrl":"https://doi.org/10.35896/alhakam.v4i1.496","url":null,"abstract":"This article analyzes the authority of Islamic family law among the heads of the Religious Affairs Office (KUA) in Ternate and Tidore, Indonesia. This research is a type of field research with qualitative methods. The research involved princes in the northern Maluku region consisting of the Sultanates of Ternate and Tidore. The research results show that the headman has coercive authority to force legal implementers (children or parents for parties who are getting married) to comply with existing rules because there is a legal basis which is the authority of the headman as the party registering the marriage. In dealing with legal authorities such as in determining marriage guardians, determining the period of 'iddah and pregnant marriages, the headmen in Ternate and Tidore generally use Fiqh legal considerations rather than state laws such as KHI and so on. This is because formal legislation issued by the state (such as KHI) does not have a negotiating nature and is final. Furthermore, alternatives for consideration of minimizing harm and taking the path to benefit are taken from the legal propositions of Fiqh.","PeriodicalId":116033,"journal":{"name":"Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues","volume":"4 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141271454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-14DOI: 10.35896/alhakam.v3i2.615
Mahbubi -, Ludfi -
The Compilation of Islamic Law (KHI) regulates mandatory wills for adopted children and adoptive parents, this is stated in article 209 paragraphs (1) and (2). This rule is relatively new when referring to the implementation of mandatory wills implemented in other Islamic countries. In contemporary jurisprudence studies, obligatory wills are only given to heirs who do not receive an inheritance because they are mahjūb by other heirs. The implementation of mandatory wills in Indonesia is considered to involve the mutual benefit of the child and his adoptive parents. Therefore, the focus of this study is to find the suitability of the concept of obligatory wills in KHI with the concept of mashlahah al-Buthi. The type of research used is library research with content analysis, philosophical-hermeneutic and mashlahah approaches. The data collection technique is in the form of documentation through inventory, classification and data evaluation. The results of this research state that mandatory wills in the KHI are only given to adopted children and adoptive parents. This legal formulation is the result of the ijtihad of Indonesian ulama' which aims for the common good. The concept of mashlahah al-Buthi is mashlahah which tries to take the middle path in accordance with what is intended by Syāri', so that giving obligatory wills to adopted children is a real benefit.
{"title":"MUHAMMAD SA`ID RAMADAN AL-BUTI'S VIEWS OF MAṢLAḤAH OF THE MANDATORY WILL OF AN ADOPTED CHILD","authors":"Mahbubi -, Ludfi -","doi":"10.35896/alhakam.v3i2.615","DOIUrl":"https://doi.org/10.35896/alhakam.v3i2.615","url":null,"abstract":"The Compilation of Islamic Law (KHI) regulates mandatory wills for adopted children and adoptive parents, this is stated in article 209 paragraphs (1) and (2). This rule is relatively new when referring to the implementation of mandatory wills implemented in other Islamic countries. In contemporary jurisprudence studies, obligatory wills are only given to heirs who do not receive an inheritance because they are mahjūb by other heirs. The implementation of mandatory wills in Indonesia is considered to involve the mutual benefit of the child and his adoptive parents. Therefore, the focus of this study is to find the suitability of the concept of obligatory wills in KHI with the concept of mashlahah al-Buthi. The type of research used is library research with content analysis, philosophical-hermeneutic and mashlahah approaches. The data collection technique is in the form of documentation through inventory, classification and data evaluation. The results of this research state that mandatory wills in the KHI are only given to adopted children and adoptive parents. This legal formulation is the result of the ijtihad of Indonesian ulama' which aims for the common good. The concept of mashlahah al-Buthi is mashlahah which tries to take the middle path in accordance with what is intended by Syāri', so that giving obligatory wills to adopted children is a real benefit.","PeriodicalId":116033,"journal":{"name":"Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues","volume":"13 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139277818","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-14DOI: 10.35896/alhakam.v3i2.629
Nurul Novitasari
This study is about wedding culture on Songo Ramadlan night in Parengan Tuban, East Java. In this research location, there is a wedding tradition called malem songo that has been passed down from generation to generation and it is not known for certain when this tradition was first implemented.. Seeing this, the researcher carried out research with the aim of (1) knowing the factors that cause marriages to occur on the night of the 29th of the month of Ramadan in the community of Parengan District, Tuban Regency (2) to find out the perspective of customary law and Islamic law on the occurrence of marriages on the night of the 29th of Ramadhan in the people of Parengan District, Tuban Regency. This research uses a type of empirical legal research where all information is obtained from documentation and interviews, using a qualitative approach. Meanwhile, the data collected is primary data, namely interviews with Parengan District KUA officials, figures and several community members who held weddings at Night Songo and secondary data from books that have relevance in research, which is then edited, checked and compiled carefully and arranged in such a way analyzed. The results of this research show that getting married at night songo has become a tradition and is deeply rooted in the people of Parengan District, which is considered to bring blessings in Javanese culture and is seen as a form of local wisdom. Therefore, the implementation of this marriage is to avoid complications, because the Songo Ramadhan night is not regulated by religious principles or Javanese law.
本研究是关于东爪哇 Parengan Tuban 地区斋月之夜的婚礼文化。在该研究地点，有一种名为 "malem songo "的婚礼传统，这种传统代代相传，但何时开始实施却不得而知。有鉴于此，研究人员开展了研究，目的是：（1）了解导致图班摄政区帕伦甘地区社区在斋月 29 日晚结婚的因素；（2）找出习惯法和伊斯兰法对图班摄政区帕伦甘地区居民在斋月 29 日晚结婚的看法。本研究采用的是一种实证法律研究，所有信息均从文件和访谈中获取，并使用定性方法。同时，所收集的数据是第一手数据，即与帕伦甘区 KUA 官员、人物和在夜松戈举行婚礼的几位社区成员的访谈，以及与研究相关的书籍中的第二手数据，然后对这些数据进行编辑、检查和仔细汇编，并以这种方式进行分析整理。研究结果表明，在夜歌举行婚礼已经成为一种传统，在帕伦甘地区的人们中根深蒂固，在爪哇文化中被认为会带来祝福，并被视为一种地方智慧。因此，实行这种婚姻是为了避免节外生枝，因为斋月之夜的 Songo 不受宗教原则或爪哇法律的约束。
{"title":"THE IMPLEMENTATION OF MARRIAGES ON SONGO RAMADHAN NIGHT IS A LOCAL WISDOM OF THE PARENGAN PEOPLE TUBAN DISTRICT","authors":"Nurul Novitasari","doi":"10.35896/alhakam.v3i2.629","DOIUrl":"https://doi.org/10.35896/alhakam.v3i2.629","url":null,"abstract":"This study is about wedding culture on Songo Ramadlan night in Parengan Tuban, East Java. In this research location, there is a wedding tradition called malem songo that has been passed down from generation to generation and it is not known for certain when this tradition was first implemented.. Seeing this, the researcher carried out research with the aim of (1) knowing the factors that cause marriages to occur on the night of the 29th of the month of Ramadan in the community of Parengan District, Tuban Regency (2) to find out the perspective of customary law and Islamic law on the occurrence of marriages on the night of the 29th of Ramadhan in the people of Parengan District, Tuban Regency. This research uses a type of empirical legal research where all information is obtained from documentation and interviews, using a qualitative approach. Meanwhile, the data collected is primary data, namely interviews with Parengan District KUA officials, figures and several community members who held weddings at Night Songo and secondary data from books that have relevance in research, which is then edited, checked and compiled carefully and arranged in such a way analyzed. The results of this research show that getting married at night songo has become a tradition and is deeply rooted in the people of Parengan District, which is considered to bring blessings in Javanese culture and is seen as a form of local wisdom. Therefore, the implementation of this marriage is to avoid complications, because the Songo Ramadhan night is not regulated by religious principles or Javanese law.","PeriodicalId":116033,"journal":{"name":"Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues","volume":"41 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139277638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-14DOI: 10.35896/alhakam.v3i2.610
Mas Umar
This article examines the Penyiar Shalawat Wahidiyah (PSW) congregation in Rejoagung, Ngoro Jombang. The purpose of this study is to find out how Salawat Wahidiyah can create and have an effect on the sakȋnah family lives of its congregation. Shalawat Wahidiyah is a series of prayers that are structured around the Prophet's shalawat in general, including the procedures and ethics for its practice. This study includes a field study using a sociological-philosophical approach to the mystical paradigm. The methods and implications of the sakȋnah family will be examined using sociological analysis. The research results show that there are five teachings that must be applied in everyday life, namely lillâh-billâh, li al-rasȗl-bi al-rasȗl, li al-ghauts-bi al-ghauts, yukti kulla dzȋ haqq haqqahu, and taqdȋm al-ahamm fa al-ahamm tsumma al-anfa’ fa al-anfa’. This teaching is practical guidance both externally and internally which covers all aspects, both relationships with Allah, His Messenger, and relationships between human beings in society. Congregants practicing Shalawat Wahidiyah who are active in Rejoagung, Ngoro, Jombang show that they feel better in their households, feeling more calm, peaceful and harmonious (sakȋnah).
{"title":"SPIRITUALITY OF ṢALAWAT WAḤÎDIYYAH IN FORMING A SAKINAH FAMILY: STUDY ON THE PSW CONGREGATION IN REJOAGUNG NGORO JOMBANG","authors":"Mas Umar","doi":"10.35896/alhakam.v3i2.610","DOIUrl":"https://doi.org/10.35896/alhakam.v3i2.610","url":null,"abstract":"This article examines the Penyiar Shalawat Wahidiyah (PSW) congregation in Rejoagung, Ngoro Jombang. The purpose of this study is to find out how Salawat Wahidiyah can create and have an effect on the sakȋnah family lives of its congregation. Shalawat Wahidiyah is a series of prayers that are structured around the Prophet's shalawat in general, including the procedures and ethics for its practice. This study includes a field study using a sociological-philosophical approach to the mystical paradigm. The methods and implications of the sakȋnah family will be examined using sociological analysis. The research results show that there are five teachings that must be applied in everyday life, namely lillâh-billâh, li al-rasȗl-bi al-rasȗl, li al-ghauts-bi al-ghauts, yukti kulla dzȋ haqq haqqahu, and taqdȋm al-ahamm fa al-ahamm tsumma al-anfa’ fa al-anfa’. This teaching is practical guidance both externally and internally which covers all aspects, both relationships with Allah, His Messenger, and relationships between human beings in society. Congregants practicing Shalawat Wahidiyah who are active in Rejoagung, Ngoro, Jombang show that they feel better in their households, feeling more calm, peaceful and harmonious (sakȋnah).","PeriodicalId":116033,"journal":{"name":"Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues","volume":"38 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139276289","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-14DOI: 10.35896/alhakam.v3i2.628
Nadia Rizky Fauziah, Siti Rizqiyyah
This article examines Asghar Ali Engineer's thoughts on women's liberation theology. This is mainly about the method of interpreting Islamic sacred texts. This article was collected from a literature review, then described and analyzed using gender theory. The results of this research show that Asghar's feminist spirit is very strong when reading and interpreting Islamic sacred texts. This cannot be separated from the influence of the science he mastered, including his plural life experience in India, which gave birth to a humanist method of interpretation. The Islamic portrait has shown the existence of gender justice according to Ali Asghar Engineer's perspective, they are both servants of Allah whose process of events is of the same type. The only difference lies in how they carry out their life functions as caliphs on earth, whether they become devout servants or not. Criticism of classical fiqh was raised because it was considered discriminatory against women, so Ali Asghar offered a reconstruction of feminist fiqh for a more just life.
{"title":"WOMEN'S LIBERATION THEOLOGY: A STUDY OF ASGHAR ALI ENGINEER'S THOUGHTS ON GENDER ISSUES","authors":"Nadia Rizky Fauziah, Siti Rizqiyyah","doi":"10.35896/alhakam.v3i2.628","DOIUrl":"https://doi.org/10.35896/alhakam.v3i2.628","url":null,"abstract":"This article examines Asghar Ali Engineer's thoughts on women's liberation theology. This is mainly about the method of interpreting Islamic sacred texts. This article was collected from a literature review, then described and analyzed using gender theory. The results of this research show that Asghar's feminist spirit is very strong when reading and interpreting Islamic sacred texts. This cannot be separated from the influence of the science he mastered, including his plural life experience in India, which gave birth to a humanist method of interpretation. The Islamic portrait has shown the existence of gender justice according to Ali Asghar Engineer's perspective, they are both servants of Allah whose process of events is of the same type. The only difference lies in how they carry out their life functions as caliphs on earth, whether they become devout servants or not. Criticism of classical fiqh was raised because it was considered discriminatory against women, so Ali Asghar offered a reconstruction of feminist fiqh for a more just life.","PeriodicalId":116033,"journal":{"name":"Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues","volume":"5 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139277105","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-14DOI: 10.35896/alhakam.v3i2.558
Muhammad Husni Abdulah Pakarti, Diana Farid, Iffah Fathiah, Hendriana Hendriana
This paper examines cultural adjustment strategies in interfaith marriages within the family environment. Interfaith marriages often present complex cultural challenges, as partners must adapt to different beliefs, traditions, and values that may conflict. This study aims to analyze the cultural adjustment strategies carried out by couples in interfaith marriages, with a focus on cultural interactions and conflicts that arise in the family environment. This research uses a qualitative approach with a case study method. Data was collected through in-depth interviews with couples who have different religious backgrounds and have been married for at least 5 years. Data analysis was carried out through coding and thematic processes. The results of the study show that couples in interfaith marriages adopt various cultural adjustment strategies to overcome cultural interactions and conflicts in the family environment. These strategies include compromise, mutual understanding, open communication, and respect for differences. Couples are also looking for creative solutions to facilitate family harmony, such as incorporating traditions from both religions in family celebrations. In addition, this research also provides valuable insights for family welfare professionals and marriage counselors in helping couples in interfaith marriages deal with emerging cultural challenges.
{"title":"CULTURAL ADJUSTMENT STRATEGIES IN INTERRELIGIOUS MARRIAGE: A CASE STUDY OF CULTURAL INTERACTION AND CONFLICT IN THE FAMILY ENVIRONMENT","authors":"Muhammad Husni Abdulah Pakarti, Diana Farid, Iffah Fathiah, Hendriana Hendriana","doi":"10.35896/alhakam.v3i2.558","DOIUrl":"https://doi.org/10.35896/alhakam.v3i2.558","url":null,"abstract":"This paper examines cultural adjustment strategies in interfaith marriages within the family environment. Interfaith marriages often present complex cultural challenges, as partners must adapt to different beliefs, traditions, and values that may conflict. This study aims to analyze the cultural adjustment strategies carried out by couples in interfaith marriages, with a focus on cultural interactions and conflicts that arise in the family environment. This research uses a qualitative approach with a case study method. Data was collected through in-depth interviews with couples who have different religious backgrounds and have been married for at least 5 years. Data analysis was carried out through coding and thematic processes. The results of the study show that couples in interfaith marriages adopt various cultural adjustment strategies to overcome cultural interactions and conflicts in the family environment. These strategies include compromise, mutual understanding, open communication, and respect for differences. Couples are also looking for creative solutions to facilitate family harmony, such as incorporating traditions from both religions in family celebrations. In addition, this research also provides valuable insights for family welfare professionals and marriage counselors in helping couples in interfaith marriages deal with emerging cultural challenges.","PeriodicalId":116033,"journal":{"name":"Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues","volume":"24 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139277258","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-14DOI: 10.35896/alhakam.v3i2.624
Moh. Abdulloh Hilmi, Herfin Fahri
This article discusses the judicial mafia within the religious and governmental landscape of Indonesia. The judicial mafia has recently come under scrutiny due to various issues of misconduct such as corruption, collusion, and nepotism. When examined further, the Quran also emphasizes that unfair and dishonest actions are intolerable, and in the legal perspective of Indonesia, it regulates criminal acts of corruption and their penalties. Using a descriptive-analytical method, the researcher will elucidate the principles of justice found in the Quran, specifically in Surah al-Mâidah [5]: 8 and Surah al-Baqarah [2]: 188, as interpreted by Ibn Kathȋr, and their relevance to Indonesian laws and government regulations. The findings of this study are as follows: First, Ibn Kathir asserts that achieving justice necessitates the presence of fair and faithful witnesses. Second, when a decision is made that is unjust and has detrimental effects on a case, it should be reconsidered by the judge for fairness. Third, the judicial mafia can be prevented through continuous monitoring and evaluation of institutional bodies.
{"title":"JUDICIAL MAFIA AND ITS PROBLEMS: AN EXAMINATION FROM THE INTERPRETATION OF IBN KATHĪR ON SURAH AL-MĀIDAH VERSE 8 AND AL-BAQARAH","authors":"Moh. Abdulloh Hilmi, Herfin Fahri","doi":"10.35896/alhakam.v3i2.624","DOIUrl":"https://doi.org/10.35896/alhakam.v3i2.624","url":null,"abstract":"This article discusses the judicial mafia within the religious and governmental landscape of Indonesia. The judicial mafia has recently come under scrutiny due to various issues of misconduct such as corruption, collusion, and nepotism. When examined further, the Quran also emphasizes that unfair and dishonest actions are intolerable, and in the legal perspective of Indonesia, it regulates criminal acts of corruption and their penalties. Using a descriptive-analytical method, the researcher will elucidate the principles of justice found in the Quran, specifically in Surah al-Mâidah [5]: 8 and Surah al-Baqarah [2]: 188, as interpreted by Ibn Kathȋr, and their relevance to Indonesian laws and government regulations. The findings of this study are as follows: First, Ibn Kathir asserts that achieving justice necessitates the presence of fair and faithful witnesses. Second, when a decision is made that is unjust and has detrimental effects on a case, it should be reconsidered by the judge for fairness. Third, the judicial mafia can be prevented through continuous monitoring and evaluation of institutional bodies.","PeriodicalId":116033,"journal":{"name":"Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues","volume":"4 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139276242","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-19DOI: 10.35896/alhakam.v3i1.502
Mahmudah Ridlwan, Isyrofah Tazkiyah Iroyna
The purposes of this study are to find out the opinion of Hanafiyah and Syafi’iyah mazhab about kafâ’ah; and how kafâ’ah is applied by parents when doing ijbar on their daughther in the view of Islamic marriage law. This research is library research and content analysis approach is used to get answers the research problems. The conclusions are (1) The Hanafiyah dan Syafi’iyah mazhab agreed that kafâ’ah must be exist in a marriage, and must be emphasized is kafa’ah in terms of the religion of devotion to Allah swt and good morals. Kafa’ah in wealth is also emphasized by Hanafiyah mazhab, but Syafi’iyah mazhab more emphasized on religion and avoids disgrace; (2) According Islamic marriage law, the ijbar right is related to kafâ’ah, when parents must use kafâ’ah as one of the guardiansip requirements when making ijbar right for his daughter. With kafâ’ah it’s hoped that household life will be beneficial. Therefor, the concept of kafâ’ah as a condition for the guardian’s ijbar rights is still relevant today.
{"title":"RELEVANCE OF THE CONCEPT OF KAFA’AH AND IJBAR GUARDIAN RIGHTS IN THE MODERN ERA FROM PERSPECTIVE OF HANAFIYAH AND SYAFI’IYAH MADHAB","authors":"Mahmudah Ridlwan, Isyrofah Tazkiyah Iroyna","doi":"10.35896/alhakam.v3i1.502","DOIUrl":"https://doi.org/10.35896/alhakam.v3i1.502","url":null,"abstract":"The purposes of this study are to find out the opinion of Hanafiyah and Syafi’iyah mazhab about kafâ’ah; and how kafâ’ah is applied by parents when doing ijbar on their daughther in the view of Islamic marriage law. This research is library research and content analysis approach is used to get answers the research problems. The conclusions are (1) The Hanafiyah dan Syafi’iyah mazhab agreed that kafâ’ah must be exist in a marriage, and must be emphasized is kafa’ah in terms of the religion of devotion to Allah swt and good morals. Kafa’ah in wealth is also emphasized by Hanafiyah mazhab, but Syafi’iyah mazhab more emphasized on religion and avoids disgrace; (2) According Islamic marriage law, the ijbar right is related to kafâ’ah, when parents must use kafâ’ah as one of the guardiansip requirements when making ijbar right for his daughter. With kafâ’ah it’s hoped that household life will be beneficial. Therefor, the concept of kafâ’ah as a condition for the guardian’s ijbar rights is still relevant today.","PeriodicalId":116033,"journal":{"name":"Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126028944","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-19DOI: 10.35896/alhakam.v3i1.497
S. Fatimah
Child marriage is a marriage carried out by someone who has not yet entered a mature or mature age in thinking, emotionally, biologically and psychologically. The age of marriage is explained in law No. 16 of 2019 on amendments to law No. 1 article 7 of 1974, namely marriage is only permitted if a man and a woman reach the age of 19 (nineteen) years. Child marriage in Tuban district has been a trend for the past 3 years and continues to increase due to the impact of the Covid 19 pandemic which has paralyzed several sectors of life. The economic sector is the biggest factor because of the impact of the Covid pandemic, many parents have been laid off and have dropped out of work. By marrying off the child, the responsibility of the parents will be reduced. This is the reason why child marriage is increasing day by day. Law No. 16 of 2019 is a breath of fresh air for life, because the age law has a very large effect on children's rights to life so that they grow and develop according to their age, prevent domestic violence, prevent dropping out of school and also improve maternal and child health. child. This research uses descriptive qualitative research with interview methods of various groups of people based on what is happening in the community with the aim of knowing the reasons for early marriages in Tuban Regency. The results showed that the reasons for early marriage in Tuban district were 1) economic factors 2) educational factors 3) customs factors 4) promiscuity factors
{"title":"TRENDS AND IMPACTS OF CHILD MARRIAGE IN A PSYCHOLOGICAL PERSPECTIVES (Case Study in Tuban Regency)","authors":"S. Fatimah","doi":"10.35896/alhakam.v3i1.497","DOIUrl":"https://doi.org/10.35896/alhakam.v3i1.497","url":null,"abstract":"Child marriage is a marriage carried out by someone who has not yet entered a mature or mature age in thinking, emotionally, biologically and psychologically. The age of marriage is explained in law No. 16 of 2019 on amendments to law No. 1 article 7 of 1974, namely marriage is only permitted if a man and a woman reach the age of 19 (nineteen) years. Child marriage in Tuban district has been a trend for the past 3 years and continues to increase due to the impact of the Covid 19 pandemic which has paralyzed several sectors of life. The economic sector is the biggest factor because of the impact of the Covid pandemic, many parents have been laid off and have dropped out of work. By marrying off the child, the responsibility of the parents will be reduced. This is the reason why child marriage is increasing day by day. Law No. 16 of 2019 is a breath of fresh air for life, because the age law has a very large effect on children's rights to life so that they grow and develop according to their age, prevent domestic violence, prevent dropping out of school and also improve maternal and child health. child. This research uses descriptive qualitative research with interview methods of various groups of people based on what is happening in the community with the aim of knowing the reasons for early marriages in Tuban Regency. The results showed that the reasons for early marriage in Tuban district were 1) economic factors 2) educational factors 3) customs factors 4) promiscuity factors","PeriodicalId":116033,"journal":{"name":"Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117006381","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-19DOI: 10.35896/alhakam.v3i1.500
Azmi Djama Husain, Fatum Abubakar
This article analyzes the impact of the law on unregistered marriages on the reality that occurred in Jailolo, West Halmahera. In the last 3 years (2018 - 2020) there were 248 couples who did not register their marriages.This is due to differences in legal regulations governing unrecorded marriage laws. Legal regulations in the Marriage Law and in the Compilation of Islamic Law. This research is a qualitative research. The method used is a field method through observation, interviews and documentation. The approach in this study is through a sociological normative juridical approach.This study found that the impact of marriage law was not recorded in Jailolo Halmahera Barat according to the perspective of Marriage Law No. 1 of 1974 is invalid, the wife can be divorced at any time, the legal status of the children becomes unclear, and the rights of the wife and children to support and inheritance are not guaranteed.Meanwhile, according to the KHI, the legal impact of marriage was not recorded, that as a result of the marriage, they did not get any benefits for the family and even though it was legal in the eyes of religion, it was not legal in the eyes of the state.
{"title":"LEGAL IMPACTS OF UNRECORDED MARRIAGE IN SOUTH JAILOLO WEST HALMAHERA IN ISLAMIC LAW AND MARRIAGE LAW NO.1 1974 PERSPECTIVE","authors":"Azmi Djama Husain, Fatum Abubakar","doi":"10.35896/alhakam.v3i1.500","DOIUrl":"https://doi.org/10.35896/alhakam.v3i1.500","url":null,"abstract":"This article analyzes the impact of the law on unregistered marriages on the reality that occurred in Jailolo, West Halmahera. In the last 3 years (2018 - 2020) there were 248 couples who did not register their marriages.This is due to differences in legal regulations governing unrecorded marriage laws. Legal regulations in the Marriage Law and in the Compilation of Islamic Law. This research is a qualitative research. The method used is a field method through observation, interviews and documentation. The approach in this study is through a sociological normative juridical approach.This study found that the impact of marriage law was not recorded in Jailolo Halmahera Barat according to the perspective of Marriage Law No. 1 of 1974 is invalid, the wife can be divorced at any time, the legal status of the children becomes unclear, and the rights of the wife and children to support and inheritance are not guaranteed.Meanwhile, according to the KHI, the legal impact of marriage was not recorded, that as a result of the marriage, they did not get any benefits for the family and even though it was legal in the eyes of religion, it was not legal in the eyes of the state.","PeriodicalId":116033,"journal":{"name":"Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121949117","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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