Al-Hukama' : The Indonesian Journal of Islamic Family Law 2020-11-27T04:13:51+00:00 Ita Musarrofa Open Journal Systems <p><strong><span style="font-family: helvetica; font-size: small;"><span style="font-family: helvetica; font-size: medium;"><span class="tlid-translation translation" lang="en"><span class="" title="">Al-Hukama' : The Indonesian Journal of Islamic Family Law</span></span></span></span></strong><span style="font-family: helvetica; font-size: small;"><span style="font-family: helvetica; font-size: medium;"><span class="tlid-translation translation" lang="en"><span class="" title="">is published by Study Program of Islamic Family Law&nbsp; (Ahwal Al-Syakhsiyyah) of Faculty of Shariah and Law, Islamic State University Sunan Ampel Surabaya.</span></span></span></span><span style="font-family: helvetica; font-size: small;"><span style="font-family: helvetica; font-size: medium;"><span class="tlid-translation translation" lang="en"><span class="" title="">This journal contains various studies related to all aspects of Islamic Family Law in Indonesia.</span> <span class="" title="">This journal is published twice a year (bianually): June and December.</span> p-ISSN:&nbsp;<a href="" target="_blank" rel="noopener">2089-7480</a> , e-ISSN:&nbsp;<a href="" target="_blank" rel="noopener">2548-8147</a>.</span><br></span></span><span style="font-family: helvetica; font-size: small;"><span style="font-family: helvetica; font-size: medium;">Address: Jl. Jend. Ahmad Yani 117 Surabaya 60237. Telp. 031-8417418, Fax. 031-8418457. E-mail:</span></span></p> Tinjauan Hukum Islam Terhadap Praktik Hibah Hareuta Peunulang di Aceh 2020-07-03T20:31:46+00:00 Munadi Usman <p>In Acehnese society, there is a tradition called hareuta peunulang, which is the practice of giving a number of assets to married girls in preparation for starting a new life with her husband. This practice is still often carried out until now, especially by people in the Pidie Regency, Aceh Besar District and parts of the West Aceh region. This practice seems to be gender-biased, which is more privileging girls and discriminating boys. This article wants to criticize the practice of hareuta peunulang grants using the theory of grants in Islamic law, with the aim of finding a contradiction between the two and offering several legal formulas to reconstruct these traditional institutions so that they are in line with the ideals of Islamic law.</p> 2020-07-03T20:31:46+00:00 Copyright (c) 2020 Al-Hukama' : The Indonesian Journal of Islamic Family Law Analisis Kritis Terhadap Fikih Perceraian Responsif Gender: Studi Penerapan Kaidah Maqasid al-Syari'ah 2020-07-03T20:48:53+00:00 Holilur Rohman <p><em>This study discusses the application of maqasid al-shar'ah principles in the </em><em>gender-responsive </em><em>marriage </em><em>Jurisprudence. The focus of this research is: how the </em><em>principles</em><em> of maqasid al-shar'ah</em><em>&nbsp;</em><em>could be used as a foundation and approach of Ijtihad?</em> <em>How is the application of maqasid al-shar'ah</em><em>&nbsp;principles </em><em>in the issue of gender-responsive </em><em>marriage </em><em>Jurisprudence?</em> <em>This research is a qualitative research, which is in the form of descriptive-analytical library research. The approach used is the philosophical approach. In this study it was found that there are four rules of maqasid al-shar'ah</em><em>&nbsp;</em><em>which are used as the basis for jihad. These norms was then applied in a gender-responsive divorce Jurisprudence. This research concludes, that the holder of divorce rights is male, but the divorce can be pronounced based on the court's decision so that the results are more objective. In addition, divorce must be done for certain reasons, such as the cause of a constant dispute that cannot be resolved. Therefore, divorce without cause and without dialogue with his wife, is prohibited because it gives the effect of harm especially to his wife and children.</em></p> 2020-07-03T20:34:38+00:00 Copyright (c) 2020 Al-Hukama' : The Indonesian Journal of Islamic Family Law Analisis Maqasid Al-Shariah Terhadap Peran Pemerintah Kota Surabaya dalam Mewujudkan Kota Layak Anak 2020-07-05T13:21:15+00:00 Zakiyatul Ulya <p><em>The research entitled: "Maqasid al-Shari'ah Analysis of the Role of the Surabaya City Government in Realizing Child Friendly Cities" is a field research that aims to answer the question how the role of the Surabaya City Government in realizing Child Friendly Cities through established public policies from the perspective of the maq??id al-shar?'ah. Research data were collected using interview and documentation techniques and then analyzed using descriptive analysis techniques with a deductive mindset. The results of the study concluded that the Surabaya City Government was very active in realizing Child Friendly Cities through the protection and fulfillment of children's rights, which was clearly seen from the existence of various public policies that were established to support institutional strengthening and fulfillment of the five Child Friendly Cities clusters.The role of the Surabaya City Government is in accordance with the concept of maqasid al-shari'ah because the determination of public policy is based on the welfare of children. This is proven by the elements of hifz al-din and hifz al-nasl in the public policy regarding civil rights and freedom, family environment, and alternative protection. In addition, there are elements of hifz al-nafs and hifz al-aql in public policies regarding institutional strengthening and the five Child Friendly Cities clusters, although they are actually less than perfect due to the absence of the hifz al-mal elements in them.</em></p> 2020-07-05T13:07:29+00:00 Copyright (c) 2020 Al-Hukama' : The Indonesian Journal of Islamic Family Law Nalar Integrasi Fikih dan Psikologi Keluarga dalam Pandangan Hakim Agama Jawa Timur Tentang Hak Asuh Anak Pasangan Murtad 2020-10-18T07:57:57+00:00 M. Ghufron Moh. Ali <p><em>One of the causes of divorce which was decided by a Religious Court judge was because of the apostasy of one of the spouses. Divorce due to apostasy leaves problems in parenting. To whom the child custody will be given must be considered by the judge. This research is empirical research (field study) with fiqh and family psychology approach to get an understanding of the basic considerations of judges in establishing child custody in the case of an apostate partner. Through interviews and documentation, the study found, that the consideration of judges based on three things: first, normative basis, which is based on the consideration of Constitution No. 1 of 1974, Compilation of Islamic Law, Constitution No. 7 of 1989 Jo. Constitution Number 30 of 2006 concerning Childcare, and Number 23 of 2002, Supreme Court jurisprudence Number 210 / K / AG / 1990. Second, fiqh basis, which refers to the requirements of the Hadhanah which are in line with fiqh and the provisions of the Hadhanah based on Syafii's Madzab. Third, the psychological basis, which considers all psychological problems related to children. By using this integrative analysis the judge considers that the requirements for Muslims to care for children are in line with psychological values, that the family must provide Islamic education to shape the child's mental spirit.</em></p> 2020-10-18T07:24:47+00:00 Copyright (c) 2020 Al-Hukama' : The Indonesian Journal of Islamic Family Law Peran Single Mother Terhadap Penanganan Kebohongan Anak Melalui Komunikasi Interpersonal Perspektif Hukum Islam 2020-10-26T20:18:55+00:00 Khasib Batunnikmah <p>&nbsp;</p> <p><em>The role of parents is very important in building a child's personality. It becomes not easy when the role is only carried out by a single mother. This article aims to examine how the effects of interpersonal communication is done by singgle mother to change the attitudes of children.</em> <em>The importance of doing interpersonal communication is then seen also using nass. The study was conducted on two single mother informants and their children using interview and observation methods. One of the single mother informants became the single mother because of a divorce and the other because her husband passed away.</em> <em>They both chose to raise their children themselves so they had to play a dual role in the family. They become mothers as well as the breadwinners of the family. This fact raises deception, which is the act of avoiding hurting others by lying, between mother and child. The existence of interpersonal communication can then minimize the existence of deceptions in the communication process which can affect the relationship between parents and children.</em></p> 2020-10-26T20:16:58+00:00 Copyright (c) 2020 Al-Hukama' : The Indonesian Journal of Islamic Family Law Akibat Hukum Sumpah Li’an yang Tidak Terbukti Kebenarannya Terhadap Status Anak Berdasarkan Hukum Islam dan Perundang-Undangan 2020-11-07T20:14:05+00:00 Hazar Kusmayanti <p><em>The journey of living in a household does not always go as it should. If the household has a condition that is no longer aligned, then there is most likely a dispute that leads to divorce. Often divorce occurs because the father doubts his son,or because his wife commits adultery. When this happens, the husband can swear li'an which results in breaking the marriage and the relationship with his son. This study intends to examine the legal consequences of a child in the event of divorce due to li'an oath when the allegations of adultery are not proven to be true. This Research method uses normative juridical. The results showed that if it turns out that the swearing statement uttered by the husband is not proven to be true, then the divorce becomes void. Li'an's divorce was decent by his father's son as a result of li'an's divorce. The son is returned to his father, so that he again raises the rights and obligations between the child and the father.</em></p> 2020-11-07T20:14:05+00:00 Copyright (c) 2020 Al-Hukama' : The Indonesian Journal of Islamic Family Law Khul' Menurut Imam Syafi'i dan Imam Hanbali: Mencari Relevansinya di Indonesia 2020-11-27T04:13:51+00:00 Edi Kurniawan Ulul Albab Fadhlan Illy Yanti <p><em>Khul</em>'<em>&nbsp;or divorce requested by a wife is one of the causes marital termination. </em><em>According to Imam Syafi'i, khul' is a divorce (talak) with an&nbsp; 'iddah of three menstruat cycles. In contrast, for Imam Hanbali, khul</em>'<em> is fasakh in which its 'iddah is one menstrual cycle and its legality does not require a judge's decision. This difference has dissimilar legal implications when it is applied in Indonesia. Therefore, this article aims to seek the both relevancies in the context of Indonesian law, especially under the Compilation of Islamic Law and the nature of the religious practice of Indonesian Muslims. After examining the relevant literature sources, this article shows that, both Imam Syafi'i and Imam Hanbali agree that khul' is like a buy-sell contract, and hence a judge's decision is not required. However these both agremeents are not relevance under the Compilation of Islamic Laws, but the Imam Hanbali's fiqh in which khul</em>'<em>&nbsp;as fasakh</em> <em>would be difficult to seek its relevance. Thus, the fiqh of Imam Syafi'i is more appropriate, since beside it is used as a basis for the Compilation of Islamic Laws the majority of Indonesian Muslims embrace the </em><em>Syafi’i mazhab.</em></p> 2020-11-27T03:45:19+00:00 Copyright (c) 2020 Al-Hukama' : The Indonesian Journal of Islamic Family Law