Pub Date : 2021-12-29DOI: 10.15642/alhukama.2021.11.2.115-139
Athifatul Wafirah
This research is library research that aims to explain the thoughts of scholars regarding the concept of kafa'ah. The method chosen is the descriptive analysis method with a comparative approach, which describes the data regarding the opinion of Ibnu 'Abdil Barr and the opinion of Imam Ibnu Al-Humam about the benchmark of equivalence (kafa'ah) in marriage. The data is then analyzed using comparative analysis. From the results of the study, it was found that Ibnu 'Abdil Barr determined the benchmark of equivalence (kafa'ah) based on the Qur'an, Hadith, and ijma' al-madīnah experts. Meanwhile, Imam Ibnu Al-Humam in determining the criterion of equality (kafa'ah) in marriage is based on the Qur'an, Hadith, and 'urf. Ibnu 'Abdil Barr and Imam Ibnu Al-Humam have the same istinbat method, namely using the Qur'an and Hadith as the main and second basis. The difference between the two lies in determining the benchmark of equivalence (kafa'ah) in terms of religion alone, the basis for strengthening Ibn 'Abdil Barr in determining the benchmark of equivalence on the consensus of al-Madinah experts. Meanwhile, Imam Ibnu Al-Humam determines the benchmark of equivalence (kafa'ah) from five criteria, namely: lineage, independence, religion, wealth and profession. Imam Ibn Al-Humam uses 'urf as a consideration.
{"title":"Tolok Ukur Kesepadanan (Kafa’ah) dalam Pernikahan: Perspektif Ibnu ‘Abdil Barr dan Imam Ibnu Al-Humam","authors":"Athifatul Wafirah","doi":"10.15642/alhukama.2021.11.2.115-139","DOIUrl":"https://doi.org/10.15642/alhukama.2021.11.2.115-139","url":null,"abstract":"This research is library research that aims to explain the thoughts of scholars regarding the concept of kafa'ah. The method chosen is the descriptive analysis method with a comparative approach, which describes the data regarding the opinion of Ibnu 'Abdil Barr and the opinion of Imam Ibnu Al-Humam about the benchmark of equivalence (kafa'ah) in marriage. The data is then analyzed using comparative analysis. From the results of the study, it was found that Ibnu 'Abdil Barr determined the benchmark of equivalence (kafa'ah) based on the Qur'an, Hadith, and ijma' al-madīnah experts. Meanwhile, Imam Ibnu Al-Humam in determining the criterion of equality (kafa'ah) in marriage is based on the Qur'an, Hadith, and 'urf. Ibnu 'Abdil Barr and Imam Ibnu Al-Humam have the same istinbat method, namely using the Qur'an and Hadith as the main and second basis. The difference between the two lies in determining the benchmark of equivalence (kafa'ah) in terms of religion alone, the basis for strengthening Ibn 'Abdil Barr in determining the benchmark of equivalence on the consensus of al-Madinah experts. Meanwhile, Imam Ibnu Al-Humam determines the benchmark of equivalence (kafa'ah) from five criteria, namely: lineage, independence, religion, wealth and profession. Imam Ibn Al-Humam uses 'urf as a consideration.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124104577","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 : 2021-12-19DOI: 10.15642/alhukama.2021.11.2.188-213
Fahrudin Fahrudin
The younger generation is often considered to be against the establishment running in the community's social environment. For example, in the context of traditions related to ceremonial pre-wedding, there is a new perspective on these various events. For the older generation, this condition can be considered a contradiction to the legacy that has been running in society. More specifically, such a paradigm is also symptomatic among the younger generation of Brengkok Village. This study tries to dig deeper into the paradigm of the younger generation of Brengkok village. By using interview techniques with the younger generation in Brengkok village, it is hoped that they will be able to present more comprehensive data. The interviews were then analyzed using Max Weber's approach to social action theory. The paradigm that exists in the younger generation of Brengkok Village is, of course, based on rational reasons for traditions that have been established and run across generations. Something that has been considered a patent value by the older generation. When the current younger generation is in a position as the older generation, it will certainly give a different touch to the passage of traditions leading up to the wedding. The various rational reasons put forward will become considerations that have more value, which in the end, will answer the anxiety of the older generation about the existence of this tradition.
{"title":"Tradisi Menjelang Pernikahan Perspektif Paradigma Generasi Muda di Desa Brengkok, Brondong, Lamongan","authors":"Fahrudin Fahrudin","doi":"10.15642/alhukama.2021.11.2.188-213","DOIUrl":"https://doi.org/10.15642/alhukama.2021.11.2.188-213","url":null,"abstract":"The younger generation is often considered to be against the establishment running in the community's social environment. For example, in the context of traditions related to ceremonial pre-wedding, there is a new perspective on these various events. For the older generation, this condition can be considered a contradiction to the legacy that has been running in society. More specifically, such a paradigm is also symptomatic among the younger generation of Brengkok Village. This study tries to dig deeper into the paradigm of the younger generation of Brengkok village. By using interview techniques with the younger generation in Brengkok village, it is hoped that they will be able to present more comprehensive data. The interviews were then analyzed using Max Weber's approach to social action theory. The paradigm that exists in the younger generation of Brengkok Village is, of course, based on rational reasons for traditions that have been established and run across generations. Something that has been considered a patent value by the older generation. When the current younger generation is in a position as the older generation, it will certainly give a different touch to the passage of traditions leading up to the wedding. The various rational reasons put forward will become considerations that have more value, which in the end, will answer the anxiety of the older generation about the existence of this tradition.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128023592","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 : 2021-12-16DOI: 10.15642/alhukama.2021.11.2.85-114
Rahmad Setyawan, Muhaman Taufik Kustiawan
Islamic hereditary law in the reality of human life demands legal dynamism to vouch for the flexibility and adaptability of genetic law following the characteristics of modern Muslim societies. This article elaborates on the dynamics of the 2: 1 inheritance law between heirs, male and women, from the perspective of the maṣlaḥah of Najmuddīn al-Ṭūfī. To analyze the conception of inheritance 2:1 division, this study attempts to dissect it with the theory of maṣlaḥah Najmuddīn al-Ṭūfī. The studies and analysis have been discovered, resulting in the conclusion that the dynamics of the 2: 1 hereditary law has been subject to embodying the benefits properly. In the view of Najmuddīn al-Ṭūfī, the help is the goal of sharia, even the highest argument if it is contradicted between text and maṣlaḥah. This view, when applied to the verse of the Holy Qur'an, An Nisa (4): 11, will open up opportunities for responsive reinterpretation. Based on this concept, it is understood that deviating from the law of text in the distribution of inheritance is permissible to create benefits for the heirs and avoid disputes.
现实生活中的伊斯兰世袭法要求法律的动态性，以保证现代穆斯林社会特点下的遗传法的灵活性和适应性。本文从najmudd . n . al . -Ṭūfī的视角，阐述了男女继承人之间2:1继承法的动态。为了分析继承2:1分割的概念，本研究试图用maṣlaḥah najmudd nal -Ṭūfī的理论对其进行剖析。研究和分析发现，2:1遗传规律的动态受到了适当体现利益的影响。在najmudd n al-Ṭūfī看来，帮助是伊斯兰教法的目标，甚至是文本与maṣlaḥah之间矛盾的最高论点。这种观点，当应用于神圣的《古兰经》经文，安尼萨(4):11时，将为响应性的重新解释开辟机会。基于这一概念，可以理解为允许在遗产分配中偏离文本规律，从而为继承人创造利益，避免纠纷。
{"title":"Najmuddīn Al-Tūfī's Thoughts on The Dynamics of Inheritance Law 2:1 Perspective of Maṣlaḥah","authors":"Rahmad Setyawan, Muhaman Taufik Kustiawan","doi":"10.15642/alhukama.2021.11.2.85-114","DOIUrl":"https://doi.org/10.15642/alhukama.2021.11.2.85-114","url":null,"abstract":"Islamic hereditary law in the reality of human life demands legal dynamism to vouch for the flexibility and adaptability of genetic law following the characteristics of modern Muslim societies. This article elaborates on the dynamics of the 2: 1 inheritance law between heirs, male and women, from the perspective of the maṣlaḥah of Najmuddīn al-Ṭūfī. To analyze the conception of inheritance 2:1 division, this study attempts to dissect it with the theory of maṣlaḥah Najmuddīn al-Ṭūfī. The studies and analysis have been discovered, resulting in the conclusion that the dynamics of the 2: 1 hereditary law has been subject to embodying the benefits properly. In the view of Najmuddīn al-Ṭūfī, the help is the goal of sharia, even the highest argument if it is contradicted between text and maṣlaḥah. This view, when applied to the verse of the Holy Qur'an, An Nisa (4): 11, will open up opportunities for responsive reinterpretation. Based on this concept, it is understood that deviating from the law of text in the distribution of inheritance is permissible to create benefits for the heirs and avoid disputes.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114983193","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 : 2021-12-15DOI: 10.15642/alhukama.2021.11.2.55-84
Muhammad Jazil Rifqi
Article 39 paragraph (1) of Law Number 1 of 1974 on Marriage and Article 115 of the Compilation of Islamic Law states that divorce must be carried out before the court. Of course, the existence of these regulations cannot be separated from the socio-historical aspects of the promulgation of these regulations. This article, which examines the practice of talak from the colonial period to independence, concludes that first, since the Dutch colonial era until Indonesia's independence, talak has been practiced without involving the state apparatus, but that the incident must be recorded. Law Number 22 of 1946 concerning the Registration of Marriage, Divorce and Reconciliation was then promulgated for Java and Madura, enacted in Sumatra in 1949 and comprehensively implemented in the territory of the Republic of Indonesia in 1954. Second, there was an acculturation of the recording of divorce and the trial of divorce came into effect when the law Marriage is promulgated.
{"title":"Sejarah Sosial Talak di Depan Pengadilan Agama dalam Undang-Undang Perkawinan di Indonesia","authors":"Muhammad Jazil Rifqi","doi":"10.15642/alhukama.2021.11.2.55-84","DOIUrl":"https://doi.org/10.15642/alhukama.2021.11.2.55-84","url":null,"abstract":"Article 39 paragraph (1) of Law Number 1 of 1974 on Marriage and Article 115 of the Compilation of Islamic Law states that divorce must be carried out before the court. Of course, the existence of these regulations cannot be separated from the socio-historical aspects of the promulgation of these regulations. This article, which examines the practice of talak from the colonial period to independence, concludes that first, since the Dutch colonial era until Indonesia's independence, talak has been practiced without involving the state apparatus, but that the incident must be recorded. Law Number 22 of 1946 concerning the Registration of Marriage, Divorce and Reconciliation was then promulgated for Java and Madura, enacted in Sumatra in 1949 and comprehensively implemented in the territory of the Republic of Indonesia in 1954. Second, there was an acculturation of the recording of divorce and the trial of divorce came into effect when the law Marriage is promulgated.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131903917","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 : 2021-12-13DOI: 10.15642/alhukama.2021.11.2.167-187
Mohammad Fauzan Ni'ami
This article aims to explore the portrait of the husband-wife relationship of the Yogyakarta Mentaok Congregation. The discussion is preceded by a study of husband and wife in the family, followed by a picture of the relationship pattern of the Mentaok Congregation Kotagede Yogyakarta, and then the shift in roles in the family of the Mentaok congregation in a social exchange review. The method used in this article is field research which is then analyzed deductively using a social exchange approach. The results of this study illustrate at least three patterns of relations between the Mentaok congregation: first, husband and wife work, and the wife takes care of domestic work. Second, the husband and wife work while other people care for their household work. The third form is husband and wife work, and both plunge into the domestic sphere. In a review of social exchange, researchers found that there is reciprocity in the family of the Yogyakarta Kotagege Mentaok Congregation, which is mutually beneficial and, at the same time, demands a sacrifice for a family.
{"title":"Potret Relasi Suami-Istri Jamaah Mentaok Kotagede dalam Kajian Social Exchange","authors":"Mohammad Fauzan Ni'ami","doi":"10.15642/alhukama.2021.11.2.167-187","DOIUrl":"https://doi.org/10.15642/alhukama.2021.11.2.167-187","url":null,"abstract":"This article aims to explore the portrait of the husband-wife relationship of the Yogyakarta Mentaok Congregation. The discussion is preceded by a study of husband and wife in the family, followed by a picture of the relationship pattern of the Mentaok Congregation Kotagede Yogyakarta, and then the shift in roles in the family of the Mentaok congregation in a social exchange review. The method used in this article is field research which is then analyzed deductively using a social exchange approach. The results of this study illustrate at least three patterns of relations between the Mentaok congregation: first, husband and wife work, and the wife takes care of domestic work. Second, the husband and wife work while other people care for their household work. The third form is husband and wife work, and both plunge into the domestic sphere. In a review of social exchange, researchers found that there is reciprocity in the family of the Yogyakarta Kotagege Mentaok Congregation, which is mutually beneficial and, at the same time, demands a sacrifice for a family.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121595921","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 : 2021-12-11DOI: 10.15642/alhukama.2021.11.2.29-54
Amrar Mahfuzh Faza, Dedisyah Putra, Rajab Ritonga
For the Angkola Batak Muslim community, the clan is one of the identities used in traditional events. People who share the same ancestor are considered the same ancestor and are still blood relatives. Therefore, clan marriage is a very taboo and sensitive matter in society. This study aims to reveal clan marriages in the Angkola Batak Muslim community and analyze changes in sanctions through maqāsid sharī`a. This study uses a qualitative method with the type of field research. The data was collected through observation, interviews, documentation and tracing several other references relevant to the research theme. Furthermore, the data were analyzed using descriptive analysis. The study results explain that customary holders and the community provide sanctions for everyone who performs clan marriages. Namely, expelled from his hometown and not permitted to live in society. However, along with the changing times, the expulsion was changed by paying a fine in money. Furthermore, in implementing the practice of fines containing hifẓ an-nasl and efforts to preserve local wisdom in the community structure. Because clan marriages can damage the system of dalihan na tolu as a social philosophy of the Angkola Batak tribe.
{"title":"Perkawinan Semarga Masyarakat Batak Angkola: Implementasi Hifẓ Al-‘Ird dan Hifẓ Al-Nasl Pada Sanksi Adat","authors":"Amrar Mahfuzh Faza, Dedisyah Putra, Rajab Ritonga","doi":"10.15642/alhukama.2021.11.2.29-54","DOIUrl":"https://doi.org/10.15642/alhukama.2021.11.2.29-54","url":null,"abstract":"For the Angkola Batak Muslim community, the clan is one of the identities used in traditional events. People who share the same ancestor are considered the same ancestor and are still blood relatives. Therefore, clan marriage is a very taboo and sensitive matter in society. This study aims to reveal clan marriages in the Angkola Batak Muslim community and analyze changes in sanctions through maqāsid sharī`a. This study uses a qualitative method with the type of field research. The data was collected through observation, interviews, documentation and tracing several other references relevant to the research theme. Furthermore, the data were analyzed using descriptive analysis. The study results explain that customary holders and the community provide sanctions for everyone who performs clan marriages. Namely, expelled from his hometown and not permitted to live in society. However, along with the changing times, the expulsion was changed by paying a fine in money. Furthermore, in implementing the practice of fines containing hifẓ an-nasl and efforts to preserve local wisdom in the community structure. Because clan marriages can damage the system of dalihan na tolu as a social philosophy of the Angkola Batak tribe.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133914171","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 : 2021-12-11DOI: 10.15642/alhukama.2021.11.2.1-28
Irzak Yuliardy Nugroho, Achmad Safiudin
The granting of rights in civil relations for children born out of wedlock with their biological fathers can be regarded as an effort to protect children's rights as human beings or citizens. Legislation should exist to protect children's human rights as legitimate children. Article 2 Paragraph (2) and Article 43 Paragraph (1) of Law no. 1 of 1974 concerning Marriage is considered to cause legal uncertainty, which results in loss of marital status and the legal status of children born outside of marriage according to the law. On the other hand, the shari'ah rules relating to the validity of Marriage and civil relations, including lineage, guardianship, inheritance, are expressly regulated by the shari'ah, carried out and internalized in their implementation. This study aims to analyze how the rights of children outside of Marriage in the decision of the Constitutional Court Number 46/PUU-VIII/2010 from the perspective of Progressive Law and how the lineage rights of children outside of Marriage according to maqāsid-al-sharī'ah. This study uses a qualitative method with a juridical-normative approach. The object of this research study is Constitutional Court Decision No. 46/PUU-VIII/2010. The Constitutional Court's decision caused the child's civil rights to be strengthened in the eyes of the law to reflect the application of progressive legal principles. Based on the maqāṣid-al-sharī'ah perspective, the Constitutional Court's decision that defends the rights of children outside of Marriage can be categorized as protecting the soul, which includes maṣlaḥah ḍarūriyah.
{"title":"Nasab Anak di Luar Perkawinan Perspektif Hukum Progresif dan Maqāṣid Sharī’ah","authors":"Irzak Yuliardy Nugroho, Achmad Safiudin","doi":"10.15642/alhukama.2021.11.2.1-28","DOIUrl":"https://doi.org/10.15642/alhukama.2021.11.2.1-28","url":null,"abstract":"The granting of rights in civil relations for children born out of wedlock with their biological fathers can be regarded as an effort to protect children's rights as human beings or citizens. Legislation should exist to protect children's human rights as legitimate children. Article 2 Paragraph (2) and Article 43 Paragraph (1) of Law no. 1 of 1974 concerning Marriage is considered to cause legal uncertainty, which results in loss of marital status and the legal status of children born outside of marriage according to the law. On the other hand, the shari'ah rules relating to the validity of Marriage and civil relations, including lineage, guardianship, inheritance, are expressly regulated by the shari'ah, carried out and internalized in their implementation. This study aims to analyze how the rights of children outside of Marriage in the decision of the Constitutional Court Number 46/PUU-VIII/2010 from the perspective of Progressive Law and how the lineage rights of children outside of Marriage according to maqāsid-al-sharī'ah. This study uses a qualitative method with a juridical-normative approach. The object of this research study is Constitutional Court Decision No. 46/PUU-VIII/2010. The Constitutional Court's decision caused the child's civil rights to be strengthened in the eyes of the law to reflect the application of progressive legal principles. Based on the maqāṣid-al-sharī'ah perspective, the Constitutional Court's decision that defends the rights of children outside of Marriage can be categorized as protecting the soul, which includes maṣlaḥah ḍarūriyah.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128303064","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 : 2021-12-10DOI: 10.15642/alhukama.2021.11.2.140-166
Khoirin Nisa, Darmawan Darmawan
One of the essential parts of marriage is the dowry that must be given from the prospective husband to the future wife. Dowry is not included in the pillars of marriage but needs to be delivered to respect the existence of women. This study aims to determine whether the dowry with an aesthetic concept can be affordable? To what extent is the aesthetic limit in the dowry? The research method used in this study is a mixture of library research and field research. In addition to using literature such as books, notes, and several previous studies, this study also collected data through interviews. Giving dowry by carrying out the aesthetic concept, namely using the date of marriage, no prohibition is found. As long as the dowry is affordable and the husband can give it, then it may be done, of course, with due observance, that the dowry does not conflict with the Shari'a. In aesthetics, there are five values, as described by Laurie Schneider Adams, namely: material values, intrinsic values, religious values, nationalism values, and psychological values. The most dominating value in this study is the psychological value because it can bring a reaction of happiness and pleasure to the subject. In the view of psychology, happiness can be created by oneself, and everyone has their parameters for creating happiness for themselves. Aesthetics in this dowry can give value and satisfaction to the subject because it contains beauty.
{"title":"Transformasi Mahar Perkawinan Melalui Estetika di Desa Paberasan Kabupaten Sumenep","authors":"Khoirin Nisa, Darmawan Darmawan","doi":"10.15642/alhukama.2021.11.2.140-166","DOIUrl":"https://doi.org/10.15642/alhukama.2021.11.2.140-166","url":null,"abstract":"One of the essential parts of marriage is the dowry that must be given from the prospective husband to the future wife. Dowry is not included in the pillars of marriage but needs to be delivered to respect the existence of women. This study aims to determine whether the dowry with an aesthetic concept can be affordable? To what extent is the aesthetic limit in the dowry? The research method used in this study is a mixture of library research and field research. In addition to using literature such as books, notes, and several previous studies, this study also collected data through interviews. Giving dowry by carrying out the aesthetic concept, namely using the date of marriage, no prohibition is found. As long as the dowry is affordable and the husband can give it, then it may be done, of course, with due observance, that the dowry does not conflict with the Shari'a. In aesthetics, there are five values, as described by Laurie Schneider Adams, namely: material values, intrinsic values, religious values, nationalism values, and psychological values. The most dominating value in this study is the psychological value because it can bring a reaction of happiness and pleasure to the subject. In the view of psychology, happiness can be created by oneself, and everyone has their parameters for creating happiness for themselves. Aesthetics in this dowry can give value and satisfaction to the subject because it contains beauty.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123821043","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 : 2021-06-23DOI: 10.15642/alhukama.2021.11.1.137-159
Achmad Fageh
The focus of this study was ibn Taimiyyah's ijtihad on the status of children outside marriage and its correlation with the determination of DNA as normative evidence of child status. The purpose of the research was to find out the results of Ibn Taimiyyah's ijtihad related to the position of children outside marriage and its correlation to the determination of DNA as a valid child status. This type of research is in the form of a literature study ijtihad Ibn Taimiyyah in Majmu' Fatawa's book using descriptive deductive analysis. The determination of child' in Islamic perspective has significant meaning, with resolution can be known relationship between child and father. His Father's decision is the first right of a child when it is born into the world that must be fulfilled. According to Ibn Taimiyyah, adulterous children can still be recognized by unfaithful men and have mahram relationships with both parents. Adulterous children have mahram relationships with the man, provided that the man realizes the adulterous child as his son. Then according to Ibn Taimiyyah's view, civil relations, both inheritance, living, and guardianship of unfaithful children with adulterous men who admit the child is severed due to adultery, Ibn Taymiyyah's opinion has a solid correlation with the verdict of Mk No. 46/PUU-VIII/2010, namely the affirmation of his father of an unmarried child having a blood relationship and civil relations with his biological father and father's family as evidenced by DNA tests. The legal relationship of an out-of-wedlock child with his biological father gives rise to the right and obligation in return.
本研究的重点是ibn Taimiyyah关于婚外儿童地位的伊智提哈德及其与确定DNA作为儿童地位的规范性证据的相关性。研究的目的是找出Ibn Taimiyyah的伊智提哈德与婚外儿童地位有关的结果及其与确定DNA作为有效儿童地位的相关性。这种类型的研究是在Majmu' Fatawa的书中使用描述性演绎分析的文学研究ijtihad Ibn Taimiyyah的形式。在伊斯兰教的观点中，孩子的确定具有重要的意义，通过解决可以了解孩子与父亲之间的关系。天父的决定是孩子出生在这个世界上的首要权利，必须实现。根据伊本·泰米亚的说法，通奸的孩子仍然可以被不忠的男人认出来，并与父母双方保持神圣的关系。通奸的孩子与男人有神圣的关系，只要男人把通奸的孩子当作他的儿子。然后根据伊本·泰米耶的观点，民事关系，包括继承、生活和不忠的孩子与承认孩子因通奸而被切断的通奸男子的监护权，伊本·泰米耶的观点与Mk No. 46/PUU-VIII/2010的判决有很强的相关性，即他的父亲肯定了一个未婚的孩子与他的亲生父亲和父亲的家庭有血缘关系和民事关系，并通过DNA测试证明。非婚子女与其生父的法律关系产生了相应的权利和义务。
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Pub Date : 2021-06-21DOI: 10.15642/alhukama.2021.11.1.185-203
Dahlia Haliah Ma’u, Wagiyem Wagiyem
This research addressed the permit application for polygamy at a religious court (A Case Study at the Religious Court of Class 1-A Pontianak). The research aimed to analyze the following three aspects: the rule, procedure, and verdict process of the permit application for polygamy at the Religious Court of Class 1-A Pontianak. The data of this qualitative research were obtained from the research field. Then the data were narrated and analyzed through methodological steps and ended with a conclusion. The findings showed that, first, the rule of the permit application for polygamy is based on normative rule of legislations in Indonesia and relevant standard operating procedure. Second, the permit application process for polygamy begins with the submission of the application along with required attachments; and third, the verdict of polygamy permission is made according to the steps of trial and mediation. Based on the prosecution presenting parties at different times except for applicant and respondent, the judge makes a verdict to accept or reject the permit application for polygamy.
{"title":"Memotret Praktik Pengurusan Izin Poligami di Pengadilan Agama Kelas 1.A","authors":"Dahlia Haliah Ma’u, Wagiyem Wagiyem","doi":"10.15642/alhukama.2021.11.1.185-203","DOIUrl":"https://doi.org/10.15642/alhukama.2021.11.1.185-203","url":null,"abstract":"This research addressed the permit application for polygamy at a religious court (A Case Study at the Religious Court of Class 1-A Pontianak). The research aimed to analyze the following three aspects: the rule, procedure, and verdict process of the permit application for polygamy at the Religious Court of Class 1-A Pontianak. The data of this qualitative research were obtained from the research field. Then the data were narrated and analyzed through methodological steps and ended with a conclusion. The findings showed that, first, the rule of the permit application for polygamy is based on normative rule of legislations in Indonesia and relevant standard operating procedure. Second, the permit application process for polygamy begins with the submission of the application along with required attachments; and third, the verdict of polygamy permission is made according to the steps of trial and mediation. Based on the prosecution presenting parties at different times except for applicant and respondent, the judge makes a verdict to accept or reject the permit application for polygamy.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115850445","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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