Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues最新文献

THE AUTHORITY OF ISLAMIC FAMILY LAW AMONG THE HEADS OF TERNATE AND TIDORE RELIGIOUS AFFAIRS OFFICES 伊斯兰家庭法在特尔纳特和蒂多尔宗教事务办公室主任中的权威性

Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues Pub Date : 2024-06-03 DOI: 10.35896/alhakam.v4i1.496

Fatum Abubakar, Muhrim Djakat, Nining Zahara Ismail Zahara Ismail, Darwis U. Bicoli

{"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}

引用次数: 0

MUHAMMAD SA`ID RAMADAN AL-BUTI'S VIEWS OF MAṢLAḤAH OF THE MANDATORY WILL OF AN ADOPTED CHILD 穆罕默德-赛义德-拉马丹-布提对养子强制遗嘱的看法

Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues Pub Date : 2023-11-14 DOI: 10.35896/alhakam.v3i2.615

Mahbubi -, Ludfi -

{"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}

引用次数: 0

THE IMPLEMENTATION OF MARRIAGES ON SONGO RAMADHAN NIGHT IS A LOCAL WISDOM OF THE PARENGAN PEOPLE TUBAN DISTRICT 在松戈斋月之夜举行婚礼是 Parengan 人图坦地区的地方智慧

Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues Pub Date : 2023-11-14 DOI: 10.35896/alhakam.v3i2.629

Nurul Novitasari

{"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}

引用次数: 0

SPIRITUALITY OF ṢALAWAT WAḤÎDIYYAH IN FORMING A SAKINAH FAMILY: STUDY ON THE PSW CONGREGATION IN REJOAGUNG NGORO JOMBANG ṣalawat waḥîdiyyah 在组建 sakinah 家庭中的灵性：对 rejoagung ngoro jombang 的 Psw 会众的研究

Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues Pub Date : 2023-11-14 DOI: 10.35896/alhakam.v3i2.610

Mas Umar

{"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}

引用次数: 0

WOMEN'S LIBERATION THEOLOGY: A STUDY OF ASGHAR ALI ENGINEER'S THOUGHTS ON GENDER ISSUES 妇女解放神学：对阿斯加尔-阿里-工程师性别问题思想的研究

Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues Pub Date : 2023-11-14 DOI: 10.35896/alhakam.v3i2.628

Nadia Rizky Fauziah, Siti Rizqiyyah

引用次数: 0

CULTURAL ADJUSTMENT STRATEGIES IN INTERRELIGIOUS MARRIAGE: A CASE STUDY OF CULTURAL INTERACTION AND CONFLICT IN THE FAMILY ENVIRONMENT 跨宗教婚姻中的文化适应策略：家庭环境中的文化互动与冲突案例研究

Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues Pub Date : 2023-11-14 DOI: 10.35896/alhakam.v3i2.558

Muhammad Husni Abdulah Pakarti, Diana Farid, Iffah Fathiah, Hendriana Hendriana

{"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}

引用次数: 0

JUDICIAL MAFIA AND ITS PROBLEMS: AN EXAMINATION FROM THE INTERPRETATION OF IBN KATHĪR ON SURAH AL-MĀIDAH VERSE 8 AND AL-BAQARAH 司法黑手党及其问题：从伊本-卡蒂尔对《古兰经》第 8 节和《圣训》的解释中进行的考察

Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues Pub Date : 2023-11-14 DOI: 10.35896/alhakam.v3i2.624

Moh. Abdulloh Hilmi, Herfin Fahri

{"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}

引用次数: 0

RELEVANCE OF THE CONCEPT OF KAFA’AH AND IJBAR GUARDIAN RIGHTS IN THE MODERN ERA FROM PERSPECTIVE OF HANAFIYAH AND SYAFI’IYAH MADHAB 从hanafiyah和syafi 'iyah madhab的角度看现代kafa 'ah和ijbar监护权概念的相关性

Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues Pub Date : 2023-05-19 DOI: 10.35896/alhakam.v3i1.502

Mahmudah Ridlwan, Isyrofah Tazkiyah Iroyna

引用次数: 0

TRENDS AND IMPACTS OF CHILD MARRIAGE IN A PSYCHOLOGICAL PERSPECTIVES (Case Study in Tuban Regency) 心理学视角下的童婚趋势与影响(以土班摄政为例)

Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues Pub Date : 2023-05-19 DOI: 10.35896/alhakam.v3i1.497

S. Fatimah

{"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}

引用次数: 0

LEGAL IMPACTS OF UNRECORDED MARRIAGE IN SOUTH JAILOLO WEST HALMAHERA IN ISLAMIC LAW AND MARRIAGE LAW NO.1 1974 PERSPECTIVE 伊斯兰教法和《婚姻法》1974年第1期视角下南贾洛洛西哈马赫拉未登记婚姻的法律影响

Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues Pub Date : 2023-05-19 DOI: 10.35896/alhakam.v3i1.500

Azmi Djama Husain, Fatum Abubakar

{"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}

引用次数: 1