Al-Hukama' : The Indonesian Journal of Islamic Family Law http://jurnalfsh.uinsby.ac.id/index.php/alhukuma <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="http://u.lipi.go.id/1426480334" target="_blank" rel="noopener">2089-7480</a> , e-ISSN:&nbsp;<a href="http://u.lipi.go.id/1482814155" 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: al_hukama@uinsby.ac.id</span></span></p> Study Program of Islamic Family Law (Ahwal Al-Syakhsiyyah) en-US Al-Hukama' : The Indonesian Journal of Islamic Family Law 2089-7480 Program Multi Level Marketing Generasi Berencana Kabupaten Pasuruan Perspektif Maslahah Mursalah http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/764 <p><em>This article discusses the theory of mashlahah mursalah on the Multi Level Marketing Planning Generation Program (MLM Genre) of the Family Planning and Women's Empowerment Office in Pasuruan Regency. From the research on the MLM Genre program organized by the Family Planning and Women's Empowerment Office of Pasuruan Regency, it can be concluded: First, this program has not been implemented properly because the program should have been implemented in every sub-district in Pasuruan Regency, which amounted to twenty-four Districts, but for now it is still running in five districts only. Among the factors is the lack of awareness of the Pasuruan community to participate in running the program. Second, the Multi Level Marketing Planning Generation Program organized by the Family Planning and Women's Empowerment Office of Pasuruan Regency in terms of activities and material delivered by the Family Planning and Women's Empowerment Office of Pasuruan Regency provides benefits for adolescents and the surrounding community who will get married. In the perspective of the maslahah mursalah, it has fulfilled the requirements of the mashlahah, and does not contradict to the texts, real, general in nature, and has many benefits.</em></p> Fitria Dwi Murti Zayin Chudlori Copyright (c) 2019 Al-Hukama' : The Indonesian Journal of Islamic Family Law http://creativecommons.org/licenses/by-nc/4.0 2020-03-17 2020-03-17 9 02 264 295 Kategori Perkawinan Belum Tercatat dalam Blangko Kartu Keluarga Perspektif Yuridis http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/763 <p><em>This article discusses marital status in a family card that has a registered marriage and an unregistered marriage. The important question to be answered through this article is that the legal basis for making the marriage category has not been recorded as one of the marital status in the family card blank. The analysis is carried out using the applicable laws and regulations namely Law Number 1 of 1974 concerning Marriage, Government Regulation Number 9 of 1975 concerning Implementation of Law Number 1 of 1974 concerning Marriage, Compilation of Islamic Law, and Regulation of the Minister of Religion of the Republic of Indonesia Number 19 of 2018 concerning Marriage Registration. Changes in marital status in family card blanks regulated in Minister of Domestic Affairs Regulation Number 118 of 2017 concerning Family Card Blanks, Registration and Quotation of Civil Registration Deed, caused the Directorate General of Population and Civil Registration of the Ministry of Home Affairs of Indonesia to make the development of the population database change to SIAK 7. This change has caused the registration of marriages which initially functioned to guarantee legal order as instruments of legal certainty through proof of marriages, to be disorderly in the law. It is because in the long-term marriages have not been recorded and remain facilitated by the state through fulfillment of administrative rights.</em></p> Amanda Zubaidah Aljarofi Copyright (c) 2019 Al-Hukama' : The Indonesian Journal of Islamic Family Law http://creativecommons.org/licenses/by-nc/4.0 2019-03-17 2019-03-17 9 02 296 324 Idiosinkrasi Istri dalam Mencarikan Pasangan Baru Bagi Suami Perspektif Gender http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/885 <p>The ideology of a wife in finding a new wife for her husband is considered to be another behavior of most wives in general. Every wife will not want to be polygamy by her husband, but in contrast to the behavior of the wives in the polygamy community is destiny, the majority of wives in the community are competing in achieving God's blessing by finding a new wife for her husband. The wife's behavior is not in the context of pressure from anywhere, which means finding a new wife for the husband purely from his own initiative. With the afterlife orientation, the wives seek, choose and also prepare the husband's marriage with a new wife. There are several motives that influence the idiosyncracy of these wives, including economic, religious, traditional and political motives. In the gender context of a marriage must meet four indicators namely access must be owned by each husband and wife in the family, get a fair role for what the husband and wife do, exercise the same rights and obligations especially in decision making in the family, and benefit from each other in domestic life. In practice polygamy families will have difficulty meeting the four indicators above. Because initially in the condition of the household not always together so that it will affect access, the division of family roles and responsibilities, especially in making all household decisions. Even though there are several motives in polygamy initiated by the wife, it will still have an impact that is vulnerable to family conflicts.</p> Hawa' Hidayatul Hikmiyah Copyright (c) 2019 Al-Hukama' : The Indonesian Journal of Islamic Family Law http://creativecommons.org/licenses/by-nc/4.0 2019-03-17 2019-03-17 9 02 325 346 Implementasi Isbat Nikah Massal di Madura: Kajian Sosiologis-Filosofis http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/770 <p><em>Marriage is a very important and sacred event in married life. Marriage is a legitimate starting point to establish kinship and brotherhood of the two extended families. So, it’s not uncommon for a wedding to be enlivened by a lively party, spending a very large budget. Nevertheless, there is a certain community in Madura that ignores it, so it does not record it in the official institution, the KUA (the Office of Religious Affairs). Even though marriage registration brings benefit, justice and protection of civil rights as well as preventive measures in preventing unawareness, so that the MWC NU of Gapura, Sumenep runs a program called “Mass Isbat Nikah”. The above problems raise two questions. Why do many isbat of marriage occur in a married couple? and how is the implementation? The review of this article will focus on how the implementation of mass marital marriage in Madura with socio-philosophical analysis.</em></p> <p>&nbsp;</p> <p>&nbsp;</p> Muh. Fathoni Hasyim Copyright (c) 2019-03-25 2019-03-25 9 02 347 372 Implementasi Sistem Informasi Manajemen Nikah Ganda: Studi Kebijakan Strategis Transformatif dan Efektivitas Hukum http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/771 <p><em>The web-based Marriage Management Information System (SIMKAH) is a new system that is used in the Office of Religious Affairs (KUA) Districts throughout Indonesia, replacing the desktop-based SIMKAH. Although Regulation No. 20 of 2019 regarding Marriage Registration has been passed to fully switch to web-based SIMKAH, the KUA of Gayungan, Surabaya, instead chose to implement Dual SIMKAH, which is web and desktop based. This article aims to find out the description and implementation of Dual SIMKAH in KUA of Gayungan, as well as a review of transformative strategic policies and legal effectiveness on the implementation of the Dual SIMKAH. This field research uses descriptive qualitative methods. Data mining is done through in-depth observation and interviews, as well as hands-on experience so that goals can be realized. This study produces several conclusions: (1) the implementation of Dual SIMKAH is very much needed as an anticipative effort when web-based SIMKAH experiences problems, especially in server repair, (2) the implementation of Dual SIMKAH can be assessed as a transformative strategic policy, (3) at the technical level, implementation Web-based SIMKAH still contains various problems, such as the application of Dual SIMKAH which has more support, old habits that are still inherent, the absence of announcements when the server will be repaired, and social conditions that make it impossible to switch completely to web-based SIMKAH.</em></p> Neila Sakinah Ahmad Arif Masdar Hilmy Copyright (c) 2019 Al-Hukama' : The Indonesian Journal of Islamic Family Law http://creativecommons.org/licenses/by-nc/4.0 2020-03-27 2020-03-27 9 02 373 398 Nikah dengan Dua Akad dan Dua Wali yang Berbeda Perspektif Maslahah di KUA Wonokromo Surabaya http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/765 <p><em>This paper discusses the implementation of marriage with two different contracts and trustees at the Office of Religious Affairs (KUA) in Wonokromo, Surabaya. The data in this article is collected by documentation and interview with the head of KUA of Wonokromo and witnesses to marriage and analyzed using descriptive analysis technique. In the case of this marriage, the first marriage contract uses a nasab guardian because the marriage officer (penghulu) knows his nasab guardian is Muslim. Then the second contract uses the judge guardian because in the bride’s family card, the guardian is Christian. Even though it has been married by a nasab guardian, the head of KUA of Wonokromo listed in the marriage certificate is the judge guardian that the supporting documents in the marriage require the use of a judge’s guardian. This implementation is included in the maslahah mulghah because the use of the contract with the judge guardian is rejected by the proposition that he knew that the nasab guardian was Muslim. This means that if there is a legal guardian who has the right to marry, then the judge guardian does not need to be used.</em></p> Hanif Nur Pradani Copyright (c) 2019 Al-Hukama' : The Indonesian Journal of Islamic Family Law http://creativecommons.org/licenses/by-nc/4.0 2020-03-27 2020-03-27 9 02 399 432 Analisis Yuridis Perceraian Luar Pengadilan di Desa Nyormanis Kecamatan Blega Kabupaten Bangkalan Madura http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/772 <p><em>Law in Indonesian has regulated the procedures for marriage, divorce, and reconciliation in Law No. 1 of 1974 concerning Marriage. And also stated in Law No. 22 of 1946 concerning the Recording of Divorce and Referrals. From the explanation contained in the positive law, it can be seen that the meaning of divorce is the breaking of the marriage ties of a married couple as a result of the failure to carry out the marriage due to several things such as death and court decisions. Divorce in law of Indonesian must be announced before the court. The pronouncement of divorce before the court is a mandate from article 115 of the Compilation of Islamic Law (KHI) which reads “Divorce can only be conducted in front of a Religious Court hearing after the Religious Court has tried and failed to reconcile the two parties.” But in fact, there are still many Indonesian people who do divorce not before the court. Divorce which is done outside the court is very negative, especially for the wife. Divorce is done only by word alone without going through a pledge in front of the court, then the state does not want to recognize the divorce, so that if the wife wants to remarry with another person, then it cannot be done because the wife does not have an official divorce certificate from the court.</em></p> Kurnia Dwi Putri Adinda Dian Eka Saputri Nurul Firdausi Luthfia Chairun Nisa Copyright (c) 2019 Al-Hukama' : The Indonesian Journal of Islamic Family Law http://creativecommons.org/licenses/by-nc/4.0 2019-03-27 2019-03-27 9 02 433 458 Peran Media Sosial Bagi Suami Istri dalam Menjalani Hubungan Pernikahan Jarak Jauh http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/768 <p><em>In the present time the impact of technological progress can be felt in many aspects of life, including marriage. The progress of the development of communication technology has made it easy to communicate specifically for married couples who are undergoing long-distance marital relationships, so that the relationship is maintained and harmonious. Social media is now used as a tool for communication, for example WhatsApp, Line, Facebook, or Instagram. All of those media are used because of their speed in conveying messages, so that long-distance couples can still communicate well and quickly. In a marital relationship, of course, there are fulfillments of rights and obligations. These fulfillments can still be fulfilled through social media, but they are not as maximized as when dealing directly.</em></p> Maulidia Mulyani Copyright (c) 2019 Al-Hukama' : The Indonesian Journal of Islamic Family Law http://creativecommons.org/licenses/by-nc/4.0 2020-03-30 2020-03-30 9 02 359 479 Analisis Maslahah Mursalah Terhadap Pendapat Penghulu KUA Wonocolo Surabaya Tentang Nilai Mahar http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/767 <p><em>This paper is the result of research using field research methods to answer two questions, that is: how is the view of the head of KUA Wonocolo in carrying out the registration of marriages with low value for dowry and how is the analysis of the </em><em>mas}lah}ah</em><em> mursalah </em><em>in fiqh and KHI on the view of the head of KUA Wonocolo in carrying out the registration of marriage which is nominally small. Data collection in this research was taken through interviews and documentation and then the data were analyzed using editing and organizing techniques. The opinion of the head of the KUA regarding the rejection of submissions for dowry with a small penalty occurred at KUA Wonocolo, Surabaya. According to the KUA Wonocolo, the dowry price can be an indicator of marriage readiness for the bride and groom. the opinion of the head of KUA regarding the dowry boundaries used by the head of KUA Wonocolo is based on the concepts of fiqh and KHI, which then the authors analyze with the concept of </em><em>maslahah</em><em> mursalah</em><em>. The results of this research conclude that the aim of the head of KUA Wonocolo argues that he rejects the submission of dowry with a small penalty because, it is considered not to show the seriousness of the prospective husband to foster a household with his future wife and the opinion of the head of KUA Wonocolo is in accordance with the concept of </em><em>mas}lah}ah</em><em> mursalah</em><em>.</em></p> Imam Nur Syamsuddin Lailatul Widyawati M. Ainur Rosidi M. Dhiyaulhaq Nova Riskiyana Setiyahani Copyright (c) 2019 Al-Hukama' : The Indonesian Journal of Islamic Family Law http://creativecommons.org/licenses/by-nc/4.0 2020-03-30 2020-03-30 9 02 478 495 The Konstruksi Nalar Rechtvinding Hakim dalam Pemberian Izin Poligami yang Berkeadilan Gender dalam Putusan Pengadilan Agama Jombang No. 0899/Pdt.G/2016/PA.Jbg http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/884 <p><em>The practice of polygamy in Indonesia until now has drawn</em> <em>criticism from some feminists who did not agree.&nbsp;But on the one hand, both Islamic law and positive law permit various conditions.&nbsp;In this case, the Religious Court (PA) becomes the last fence which becomes the determining point for a man to be able to polygamy.&nbsp;For this reason, researchers conducted a study of PA decisions on polygamy, namely Jombang PA Decision No.&nbsp;No.&nbsp;0899 / Pdt.G / 2018 / PA.Jbg&nbsp;.&nbsp;The focus of the problem is (1) the value of gender justice in the decision and (2) reasoning&nbsp;rechtvinding(legal discovery) judge.&nbsp;The method used in this study is a normative-qualitative legal research method with content analysis techniques from Charles Purse.&nbsp;The results showed that the practice of polygamy licensing in the Religious Courts had actually gone through processes that reflected gender justice.&nbsp;This is reflected in the obligation of the Religious Court to summon the longest wife of the applicant for polygamy to be asked for willingness and information.&nbsp;The results of subsequent studies show that PA Jombang judges used hermeneutic techniques in making legal discovery efforts.&nbsp;Because, they not only focus on aspects of legality, but also consider the contextualization.</em></p> Abdullah Taufik Ilham Tohari Copyright (c) 2019 Al-Hukama' : The Indonesian Journal of Islamic Family Law http://creativecommons.org/licenses/by-nc/4.0 2020-05-26 2020-05-26 9 02 496 517