{"title":"Fenomena dan Faktor Perkawinan Semarga","authors":"Muslim Pohan","doi":"10.32505/qadha.v8i1.2088","DOIUrl":"https://doi.org/10.32505/qadha.v8i1.2088","url":null,"abstract":"Traditionally, there are 3 (three) Batak marriage systems, namely; exogamy, endogamy, and electrograms. Based on these three types, clan marriage is a marriage that is prohibited in Batak customs and culture. Semarga is a condition where one individual and another individual has a blood lineage through the father's line. Family marriages carried out by the Batak Mandailing migrant community in Yogyakarta experienced a shift in meaning from the traditional Batak culture, from an exogamous marriage system to an eleutherogamous marriage system that does not recognize any prohibitions as is the case in the exogamous or endogamous marriage system. The article is field research with a qualitative approach. The method of data collection was carried out by field observations and conducting interviews with informants. The primary sources in this paper are the Mandailing Batak people who marry within the same clan. In addition, interview data were also obtained for traditional leaders, religious leaders, intellectuals, and the surrounding community. The results of the study concluded; Factors that affect clan marriages in the Batak Mandailing migrant community are due to love factors, religious factors, economic factors, educational factors, and cultural factors. Family marriages in the Batak Mandailing migrant community are carried out because the migrant Batak Mandailing community does not believe in taboo things that are local wisdom.","PeriodicalId":286237,"journal":{"name":"Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan","volume":"442 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116406559","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}
{"title":"Penyelesaian Pembagian Warisan Di Kecamatan Simpang Ulim Dalam Perspektif Hukum Islam dan Hukum Adat","authors":"Muhammad Nasir, Khalidah","doi":"10.32505/qadha.v8i1.2997","DOIUrl":"https://doi.org/10.32505/qadha.v8i1.2997","url":null,"abstract":"In Acehnese society, the implementation of inheritance law is influenced by customary law living in the community, the heirs are in accordance with what has been stipulated in faraid law, but in the distribution of wealth sometimes it does not follow faraid law, but according to mutual agreement. Determination of inheritance in the Acehnese community in Simpang Ulim District, whose majority Muslim community, in terms of handling inheritance more depends on the heirs, this method is called the familial way and can run well without conflict, for example, the parties agree to divide the number of the expert's assets. the inheritance for boys is equal to that given to girls. This research is a field study with a qualitative approach. The primary sources in this study were informants from the Simpang Ulim Community whose data were taken by random sampling. The results of the study concluded two things; First, the mechanism for implementing the distribution of the inheritance of the Acehnese people in Simpang Ulim District is carried out in two ways, firstly by purely Islamic law, and by means of kinship (custom). The reason for the implementation of the family system is because the majority of people do not understand the law of inheritance in totality in Islam. Second, the application of Islamic inheritance law to the implementation of inheritance law in the Acehnese people in Simpang Ulim District is complementary and side by side with customary law. On this occasion, the heirs will ask for guidance from religious leaders by kinship consensus.","PeriodicalId":286237,"journal":{"name":"Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125875389","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}
{"title":"Hukum Keluarga Islam Di Brunei Darussalam","authors":"Arif Arif","doi":"10.32505/qadha.v8i1.2275","DOIUrl":"https://doi.org/10.32505/qadha.v8i1.2275","url":null,"abstract":"This article tries to explain how to reform the field of Islamic family law in Brunei Darussalam while at the same time describing the background and product of family law reform itself. The data used in this study is a qualitative study, then the method used is descriptive-analytical. With conclusions that include, first, family law is a law that has provisions on the territory of family members within the scope of the household which includes certain fields such as marriage, descent, maintenance, hadhanah, guardianship, and inheritance. Second, the background of the birth of Islamic law reform that occurred in this era was caused, among other things, to fill the legal vacuum because the norms contained in the fiqh books did not regulate it, while the legal needs of society continued to grow, the influence of economic globalization and science and technology, the influence of reforms. in various fields that provide opportunities for Islamic law to become a reference in national law, the influence of reforming Islamic legal thought, both by foreign Islamic law experts and national Islamic law experts, especially regarding the development of science and technology as well as gender issues and thirdly, the product of family law reform in Brunei Darussalam is divided into two scopes, namely munakahat and Mawaris, where part of the munakahat itself includes, Marriage Registration, Minimum Age Restriction for Marriage, Role of Marriage Guardian, Polygamy, Divorce, Khulu', Rujuk. Whereas in Mawaris it includes mandatory wills.","PeriodicalId":286237,"journal":{"name":"Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117226083","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}
{"title":"Istri Bergaji: Analisis Peran Wanita Bekerja Dalam Meningkatkan Ekonomi Keluarga","authors":"Fika Andriana, Agustinar & Dessy Asnita","doi":"10.32505/qadha.v8i1.2800","DOIUrl":"https://doi.org/10.32505/qadha.v8i1.2800","url":null,"abstract":"The Cases in this paper include what are the causes of wives having to work outside as housewives? And what is the position of wives in running as housewives and their position as workers in order to improve the family economy? The purpose of writing this paper is to find out the causes of wives working outside other than as housewives and also as working mothers. This writing uses a qualitative descriptive method. The Information collection method used in this paper is observation, interviews, and data analysis using two data, namely primary and secondary data. The result of this paper indicates that some of the causes of wives having to work outside, among others, are the desire to increase family income, the desire to help husband because the wife’s income tends to below, and apply the knowledge gained during education in the world of work. The role of the wife in this paper looks very influential in improving the family economy. Because a working wife can fill meaningful sectors in the family. These include education, health, economic and social zones. In addition, with the work of the wife, the position of the wife automatically becomes double, namely as a housewife and a working mother.","PeriodicalId":286237,"journal":{"name":"Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124125401","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}
{"title":"Poligami Dalam Dawair al Khauf: Qira'ah Fi Khitab al-Mar'ah Karya Nasr Hamid Abu Zayd","authors":"Syahridawaty Syahridawaty","doi":"10.32505/qadha.v7i2.1978","DOIUrl":"https://doi.org/10.32505/qadha.v7i2.1978","url":null,"abstract":"This paper outlines the issue of polygamy according to Nasr Hamid Abu Zayd's perspective with reference to his work namely Dawair al-Khauf: Qiraah fi Khitab al-Mar’ah. The purpose of this paper is to describe the biography of Nasr Hamid Abu Zayd, and the book of Dawair al-Khaufrelated to the background of book writing, systematic writing, the method used by Nasr Hamid in understanding polygamy verses, and Nasr Hamid's thoughts about polygamy. The results showed that Nasr Hamid did not agree with polygamy, even according to him polygamy could be strictly forbidden if there was fear of not being able to do justice. The method initiated by Nasr Hamid Abu Zayd is the method of reading textual (manhaj al-qira’ahas-siyaqiyyah). There are three levels of context in this method, namely the context of revelation (siyaq tartib an-nuzul), narrative context (siyaq as sard), and linguistic structure (mustawa at-tartib al-lughawi).","PeriodicalId":286237,"journal":{"name":"Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132820783","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}
{"title":"Quo Vadis Nikah Sirri Perspektif Hukum Islam","authors":"Nawawi Nawawi","doi":"10.32505/qadha.v7i2.1901","DOIUrl":"https://doi.org/10.32505/qadha.v7i2.1901","url":null,"abstract":"Islam requires marriage which is a sacred bond in human life. Through a legal marriage, human relationships of different types are lawful and become observance. The household life is built in an atmosphere of peaceful peace and affection between husband and wife and their descendants. The purpose of this article is to find out: The pillars and conditions of marriage according to Islam, the factors that cause sirri marriages, and the consequences of sirri marriages on their families. The method used in this study is a research library. Meanwhile, descriptive is describing the existence of a theme to be presented. Then by collecting relevant and accurate books or references, reading also studying to obtain data or conclusions related to the discussion. Sirri marriage in the perspective of Islamic law is valid until it meets the pillars and conditions of marriage. The contributing factors include: lack of knowledge about the importance of marriage registration, economy, difficulty in obtaining polygamy and social permits in some communities, on the grounds of maintaining honor and religion.","PeriodicalId":286237,"journal":{"name":"Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115206987","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}
{"title":"Tradisi Rebu Ngerana Pasca Perkawinan Pada Masyarakat Karo Sumatera Utara Perspektif ‘Urf","authors":"A. M. Azka. A. M","doi":"10.32505/qadha.v7i2.1962","DOIUrl":"https://doi.org/10.32505/qadha.v7i2.1962","url":null,"abstract":"Rebu ngerana is a tradition that limits communication between three parties, including male and female in-laws, female in-laws with son-in-law, and fellow in-laws of different sexes. The purpose of this study is to analyze the meaning of the reconstructed tradition and its relationship with Islamic law. The method used is juridical empirical with the 'urf approach. The results of this study can be understood that the Karo people understand the tradition of rebu ngerana as an ancestral tradition that should be preserved because it has its own value in household life. However, in its current implementation, the Karo community in Ujung Teran village only imposes a tradition on their brother in-law to remind people to be aware of social principles in the way of life in a relationship. Meanwhile, in the view of ‘urf, the rebu ngerana tradition is included in the category of ‘urf sahih. So that it can be understood that this tradition has a relationship with the essence of marriage, namely maintaining self and family.","PeriodicalId":286237,"journal":{"name":"Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130883985","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}
{"title":"NAFKAH BAGI BEKAS ISTRI DALAM PERSPEKTIF KOMPILASI HUKUM ISLAM","authors":"Dahliana","doi":"10.32505/qadha.v5i2.1275","DOIUrl":"https://doi.org/10.32505/qadha.v5i2.1275","url":null,"abstract":"Cases that occur in the decision No. 341/Pdt.G/2016/MS.Sgi and decision No. 44/Pdt.G/2017/MS-Aceh judge has granted the applicant's request and dropped one raj'idivorce against the defendant. However, in both decisions the judge disagreed inconsidering the livelihood of the claimant/comparator's claim. In the decision No. 341/Pdt.G/2016/MS. The Panel of Judges only granted the reconciliation claim for livelihoodand without granting the livelihood of the Madhiyah reconciliation claim. Whereas in thedecision No. 44/Pdt.G/2017/MS-Aceh the Panel of Judges granted a claim forreconciliation of the iddah income along with the issue, kiswah, mut'ah and also grantedthe claim of reconciliation for the livelihood of madhiyah.","PeriodicalId":286237,"journal":{"name":"Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131523105","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}
{"title":"TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK ADOPSI ANAK DI GAMPONG TANOH ANOU KECAMATAN IDI RAYEUK KABUPATEN ACEH TIMUR","authors":"T. W. Srimuryadi","doi":"10.32505/qadha.v5i2.1274","DOIUrl":"https://doi.org/10.32505/qadha.v5i2.1274","url":null,"abstract":"Adoption on the initial basis is the adoption of a child that results in the adoption of anadopted child from his own father's relationship and is included in the relationship of his adoptivefather. In practice adoption is usually carried out by people who in their marriages do not produceoffspring. By adopting the adopted child has a relationship with the adoptive father as with his ownfather. Inherited inherited relationship between adopted children and adoptive father. Before Islamcame, adoption had been carried out by Arabs and had become a hereditary tradition known astabanni which means taking children. Or take someone else's child to be given the status of abiological child, so that he has the right to use the nasab of his adoptive parents and has the right toinherit inheritance and other rights as a relationship between children and parents.","PeriodicalId":286237,"journal":{"name":"Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128905216","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}
{"title":"KEPEMIMPINAN PEREMPUAN DALAM ISLAM","authors":"Muhajir","doi":"10.32505/qadha.v5i2.1273","DOIUrl":"https://doi.org/10.32505/qadha.v5i2.1273","url":null,"abstract":"This paper is a simple and concise study conducted in Langsa City, especially in severalsub-districts. To parse this paper well, the author gives the title: \"Women's Leadership in Islam(Study of Perspective Analysis Ulama dayah of Langsa City for Mayor Candidates)\". Then, in thispaper we will discuss gender understanding at the beginning of the discussion, gender equality basedon international law, women in Islam and analysis of women as candidates for mayors in LangsaCity according to the perspective of dayah scholars.","PeriodicalId":286237,"journal":{"name":"Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130741099","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}