El-Usrah Pub Date : 2023-09-26 DOI: 10.22373/ujhk.v6i1.9493

Mursyid Djawas, Nahara Eriyanti, Anita Yulia, Faisal Fauzan

{"title":"The Alimony Obligation of a Civil Servant and Non-Civil Servant Father towards Children Post-Divorce (The Study on Aceh Syar'iyyah Court Decision Study of 2019)","authors":"Mursyid Djawas, Nahara Eriyanti, Anita Yulia, Faisal Fauzan","doi":"10.22373/ujhk.v6i1.9493","DOIUrl":"https://doi.org/10.22373/ujhk.v6i1.9493","url":null,"abstract":"This research was motivated by two decisions of the Aceh Syar'iyah Court, namely decision Number 75/Pdt.G/2019/MS. Aceh in determining the child's sustenance after divorce, distinguished by the amount that must be given by civil servant and non-civil servant fathers. However, these two decisions are different from the provisions of the Compilation of Islamic Law (KHI), in which the Compilation of Islamic Law (KHI) does not mention the number of child support provisions. This is the focus of this research, in which two research questions were administered to answer the research inquiries First; what is the judge's consideration in determining the obligation of a civil servant and a non-civil servant father? Second; how does the Islamic law determine the obligations of a civil servant and non-civil servant father to children after a divorce from the study of the 2019 Aceh Syar'iyah Court judge’s decision? This is a library research investigating cases on strategies used by judges in solving various cases. The study reveals that the judge’s considerations in determining the level of child maintenance rights are differed between the judge’s decision Number 75/Pdt.G/2019/MS.Aceh and decision Number 70/Pdt.G/2019/MS.Aceh. The study suggests that the judge has different ways of determining the legal decision. The civil servant fathers are entitled to comply by article 8 PP No. 10 of 1983 jo. PP No. 45 of 1990, while the non-civil fathers are referred to the recommendation of the Compilation of Islamic Law (KHI), which is seen from the ability of the father. This is found to have been in compliance with the Islamic law. Therefore, according to the author, the difference in determining the level of income for children after divorce is relevant to Imam Syafi'i's opinion that income has a certain size. The rich father should pay two mud, middle-class fathers pay one and a half mud and the low-income fathers pay one mud.","PeriodicalId":488000,"journal":{"name":"El-Usrah","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135722383","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 Cancellation of The Weddings for Pre-Marriage Pregnancy Women: An Evaluation of Decision 24/Pdt.G/2020/Ms. Ban 取消婚前怀孕妇女婚礼:对第24/Pdt.G/2020/Ms。禁止

El-Usrah Pub Date : 2023-09-26 DOI: 10.22373/ujhk.v6i1.19859

Muslim Zainuddin

{"title":"The Cancellation of The Weddings for Pre-Marriage Pregnancy Women: An Evaluation of Decision 24/Pdt.G/2020/Ms. Ban","authors":"Muslim Zainuddin","doi":"10.22373/ujhk.v6i1.19859","DOIUrl":"https://doi.org/10.22373/ujhk.v6i1.19859","url":null,"abstract":"Marriage annulment is not limited to cases of polygamy without permission, remarriage during the 'iddah period, marriages without a guardian, or coerced marriages could also be annulled. In Decision Number 24/Pdt.G/2020/Ms. Ban, the court annulled the marriage of a minor who were pregnant pre-marriage. This is a normative legal research focusing on statutory regulations and legal concepts to address this issue. Legal sources used include primary, secondary, and tertiary sources, and a qualitative approach was used to analyze the data. The findings of this study indicate that the procedure for requesting an annulment of a marriage involves submitting a request to the Syar'iyah Court along with supporting evidence in the form of documents and the testimony of witnesses who witnessed the marriage event. The panel of judges declared the marriage between the petitioner and the respondent null and void at the conclusion of the trial, rendering the marriage certificate null and void. In addition, the judicial tribunal requested that the Religious Affairs Office (KUA) remove the marriage record from the register book. The reason for annulling a marriage is that it was performed by the sibling of the applicant’s father. However, the applicant’s father did not have the authority to be a marriage guardian because the applicant was an illegitimate child; therefore, he had only a relationship with his mother and her family. Legally, the annulment of the marriage is justified because the marriage between the petitioner and the respondent does not comply with the statutory requirements and conditions. One of the unfulfilled pillars is the lack of a guardian with the authority to solemnize the marriage. Supposedly, the guardian of children conceived outside of marriage should be a judge.","PeriodicalId":488000,"journal":{"name":"El-Usrah","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135722376","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 Family’s Roles in the Effects of Working from Home During the Covid-19 Pandemic on Children (A Case Study of Families in Banda Aceh City) Covid-19大流行期间家庭工作对儿童的影响中家庭的作用(以班达亚齐市家庭为例)

El-Usrah Pub Date : 2023-09-26 DOI: 10.22373/ujhk.v6i1.11959

Rizqa Febry Ayu, Khaeruddin Kiramang

{"title":"The Family’s Roles in the Effects of Working from Home During the Covid-19 Pandemic on Children (A Case Study of Families in Banda Aceh City)","authors":"Rizqa Febry Ayu, Khaeruddin Kiramang","doi":"10.22373/ujhk.v6i1.11959","DOIUrl":"https://doi.org/10.22373/ujhk.v6i1.11959","url":null,"abstract":"The increasing prevalence of the Covid-19 virus has a significant impact on children's activities, particularly in the realm of education, resulting in the necessity of learning at home. In addition to having an effect on children due to atypical learning patterns, this is the responsibility of the family to facilitate children's education. To prevent learning loss for children, families must play a significant role in promoting learning. This study examines the influence of family on the effects of working from home on children during the influenza pandemic. To determine the results of the family's function, this research combines an empirical methodology with qualitative methods, namely direct and online interviews. Although the effects of working from home resulted in tedium, lack of discipline, laziness, difficulty in advising, emotional instability, stress on children, and a lack of supportive facilities, they affected the family economy. However, the family's role in allowing children to work from home is successful, there is no neglect of children even though the mentoring process will not be achieved, and parents continue to develop, foster, and accompany learning so that children continue to develop and be creative despite the pandemic.","PeriodicalId":488000,"journal":{"name":"El-Usrah","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135722382","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 Under-age Marriage during the Pandemic: The Best Interest of the Child Principle 大流行病期间的未成年婚姻:儿童的最大利益原则

El-Usrah Pub Date : 2023-09-26 DOI: 10.22373/ujhk.v6i1.11303

Ahmad Faris Hilmi, Muhammad Zawil Kiram

引用次数: 0

Human Rights Protection in the Islamic Family Law: A Case Study Concerning Domestic Violences 伊斯兰家庭法中的人权保护:以家庭暴力为例

El-Usrah Pub Date : 2023-09-26 DOI: 10.22373/ujhk.v6i1.18511

Dedisyah Putra, Nuriza Acela

引用次数: 0

The Madurese Wedding Traditions (Case Study in Sumberejo Jember) 马杜罗人的婚礼传统(以桑贝雷霍为例)

El-Usrah Pub Date : 2023-09-26 DOI: 10.22373/ujhk.v6i1.16086

Syadza Fildzah Shalati, Hikmah Widiatun Nisa, Ajeng Aulia Salsabila W

{"title":"The Madurese Wedding Traditions (Case Study in Sumberejo Jember)","authors":"Syadza Fildzah Shalati, Hikmah Widiatun Nisa, Ajeng Aulia Salsabila W","doi":"10.22373/ujhk.v6i1.16086","DOIUrl":"https://doi.org/10.22373/ujhk.v6i1.16086","url":null,"abstract":"Marriage traditions are long-standing customs of the union of two individuals that have been passed down through the generations. Each region has its own characteristics and variations of this wedding custom, including the Madurese. The Madurese is an ethnic group with a substantial population in Indonesia, numbering around 7 million people. They originate from Madura Island and the neighboring islands of Gili Raja, Sapudi, Raas, and Kangean. Sumberejo Jember Village is one of the Madurese-inhabited areas. The majority of Madurese adhere to Islam. Sumberejo Village is located within the Ambulu District. Ambulu sub-district is one of the sub-districts located on the southern edge of Jember Regency, 31 kilometers away from the district capital. This study aims to investigate the phenomenon, the influence of the Madurese marriage tradition, and the Islamic legal perspective on marriage. This study employs a qualitative approach and case study research design. The findings of this investigation indicate that: (1) the Madurese wedding tradition exists in Sumberejo Jember. The Madurese wedding tradition in Sumberjo Jember has three positive effects and two negative effects. (3) According to Islam, marriage is among the greatest acts of worship.","PeriodicalId":488000,"journal":{"name":"El-Usrah","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135722375","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

Judges' Perspectives on the Determination of the Amount of Mut'ah, Childbirth Costs, and Child Sustenance in Divorce Cases (The study on the Court’s Decision Number 808/Pdt.G/2021/Pa. Kab. Kdr) 法官对离婚案件中Mut'ah金额、生育费用和子女抚养费确定的看法(法院第808/Pdt.G/2021/Pa号判决书研究)出租车。Kdr)

El-Usrah Pub Date : 2023-09-26 DOI: 10.22373/ujhk.v6i1.15537

Syifa Fachrunisa, Rezki Suci Qamaria, Nurul Hanani

{"title":"Judges' Perspectives on the Determination of the Amount of Mut'ah, Childbirth Costs, and Child Sustenance in Divorce Cases (The study on the Court’s Decision Number 808/Pdt.G/2021/Pa. Kab. Kdr)","authors":"Syifa Fachrunisa, Rezki Suci Qamaria, Nurul Hanani","doi":"10.22373/ujhk.v6i1.15537","DOIUrl":"https://doi.org/10.22373/ujhk.v6i1.15537","url":null,"abstract":"The case 808/Pdt.G/2021/PA.Kab.Kdr is a petition for divorce. The judge will order the Petitioner to pay mut'ah, maternity costs, and child support once the divorce has been finalized. The issue that will be addressed in this study is the absence of a specific regulation governing the calculation of mut'ah, maternity costs, and child support in this instance. In determining the amount of mut'ah, maternity expenditures, and child support, the Panel of Judges therefore applies ijtihad based on its opinion. The purpose of this study is to determine how the judge perceives the amount of mut'ah, maternity costs, and child support in this specific case. This is a qualitative research and socio-legal study. The quantity of mut'ah is determined by the length of the marriage and the husband's abilities, or by mutual agreement between the parties. In addition, the Panel of Judges will examine the issue of childbirth expenses so long as the prosecution can provide proof in the form of receipts or witnesses, as childbirth expenses are an obligation of the husband. Regarding child maintenance, the quantity of support that must be provided is adjusted based on the child's needs and the husband's suitability to meet them, or the parties can reach an agreement.","PeriodicalId":488000,"journal":{"name":"El-Usrah","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135722378","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 Evaluation of Maqāṣid Asy-Syarī’ah on Discourses of the Islamic Family Law 伊斯兰家庭法话语的评价Maqāṣid asy - syari ' ah

El-Usrah Pub Date : 2023-09-26 DOI: 10.22373/ujhk.v6i1.13035

Taufiqurohman Taufiqurohman, Nelli Fauziah

{"title":"The Evaluation of Maqāṣid Asy-Syarī’ah on Discourses of the Islamic Family Law","authors":"Taufiqurohman Taufiqurohman, Nelli Fauziah","doi":"10.22373/ujhk.v6i1.13035","DOIUrl":"https://doi.org/10.22373/ujhk.v6i1.13035","url":null,"abstract":"The concept of maqāṣid syarī‘ah and its relationship to family law is an intriguing topic for academic inquiries and discussion. The maqāṣid syarī‘ah is a concept that defines a goal of the Islamic law for the betterment of life in this world and the hereafter. This objective is achieved in human existence by safeguarding religion, soul, reason, progeny, and property. The term al-aḥwāl al-syakhṣiyyah, which refers to kinship relations, can be considered a substitute for the term munākaḥāt, which is commonly used in classical fiqh texts. The numerous issues that intersect with the concept of family law must be viewed through the lens of sharia objectives. How then does the Shari'ah respond? This article attempts to analyze it using a literature review and the maqāṣid syarī‘ah analysis instrument. Based on al-‘ādat from al-Syāṭibī, the understanding of al-aḥwāl al-syakhṣiyyah should be based on the interpretation of the meaning of the texts of the Qur'an and hadith, so that religious texts related to al-awl al-syakhiyyah are not positioned as a form of legal-formal rule, but rather as a search for the meaning contained in religious arguments in the Islamic law","PeriodicalId":488000,"journal":{"name":"El-Usrah","volume":"210 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135722380","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 Realization of the Fulfilment of the Children’s Sustenance Post-Divorce In Purworejo Religious Court in 2020-2021 2020-2021年在普沃雷霍宗教法院实现离婚后子女抚养费的实现

El-Usrah Pub Date : 2023-09-26 DOI: 10.22373/ujhk.v6i1.18244

Meli Dwi Yuniar, Waluyo Sudarmaji

{"title":"The Realization of the Fulfilment of the Children’s Sustenance Post-Divorce In Purworejo Religious Court in 2020-2021","authors":"Meli Dwi Yuniar, Waluyo Sudarmaji","doi":"10.22373/ujhk.v6i1.18244","DOIUrl":"https://doi.org/10.22373/ujhk.v6i1.18244","url":null,"abstract":"Frequently, discordant married couples contemplate divorce as their final option for resolving household problems. Many do not realize that divorce is the beginning of the onset of new problems that affect not only married couples but also their offspring if they are already parents. This study seeks to find out the realization of the implementation of child support obligations after divorce at the Purworejo Religious Court with various factors that influence it. This investigation is limited to the years 2020 and 2021 in order to examine the most relevant cases, as the events are still relatively recent. This form of research employs a qualitative paradigm and is conducted in the field. This study's methodology employs a normative legal approach. On the basis of court records from the Purworejo Religious Court, researchers conducted direct observations and interviews with litigants. Even though the child's maintenance obligations have been stated in the decision of the Purworejo, the results of the study indicate that there are still many parents, particularly the father, who do not fulfill their responsibilities to provide a living for their children due to various factors, including lack of legal awareness, lack of awareness of the obligations of a father to provide for children, too involved parents in the household, social factors, and economic factors","PeriodicalId":488000,"journal":{"name":"El-Usrah","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135722381","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 P2TP2A’s Effort to Cope with the Intensification of Sexual Abuse of Children in Perspective of the Islamic Family Law (A Case Study at the City of Banda Aceh) 从伊斯兰家庭法的角度看P2TP2A应对儿童性虐待加剧的努力(以班达亚齐市为例)

El-Usrah Pub Date : 2023-09-26 DOI: 10.22373/ujhk.v6i1.11992

Satria Juanda, Burhanuddin Abdul Gani, Syarifah Rahmatillah

{"title":"The P2TP2A’s Effort to Cope with the Intensification of Sexual Abuse of Children in Perspective of the Islamic Family Law (A Case Study at the City of Banda Aceh)","authors":"Satria Juanda, Burhanuddin Abdul Gani, Syarifah Rahmatillah","doi":"10.22373/ujhk.v6i1.11992","DOIUrl":"https://doi.org/10.22373/ujhk.v6i1.11992","url":null,"abstract":"Law Number 35 of 2014 Article 1 Paragraph (2) Regarding Child Protection includes all activities designed to guarantee and protect children and their rights so that they can live, grow, and develop in accordance with human dignity, and receive protection from violence and discrimination. However, sexual violence against minors continues to be a reality in our society. According to data from P2TP2A Banda Aceh, there were 13 cases in 2018 and 19 cases in 2019. The author wishes to know how effective P2TP2A Banda Aceh’s efforts are in combating sexual violence against minors and what obstacles this particular institution faces in this regard. This is a qualitative case study research investigating strategies used to cope with abuses against minors. The results indicate providing guidance and education are two important strategies used in its effort to cope it sexual abuses against minors. In addition, legal assistance services, health and psychological services, safe housing services (shelter), social rehab services are also provided for this cause. The obstacles that P2TP2A Banda Aceh faces in combating sexual violence against children are familial disgrace, trauma victims, infrastructure, and facilities. In addition to P2TP2A Banda Aceh, the Banda Aceh Police and LBH (Legal Aid Institute) of Banda Aceh participated in combating the rising incidence of sexual violence against minors in the city of Banda Aceh. This study also suggests that the Banda Aceh Police conducted investigations after receiving complaints from the public. And research conducted by LBH Banda Aceh indicates that the efforts made include providing legal assistance to victims.","PeriodicalId":488000,"journal":{"name":"El-Usrah","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135722387","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

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