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> en-US itaisme@gmail.com (Ita Musarrofa) faizurrohman@uinsby.ac.id (Moh. Faizurrohman) Fri, 03 Jul 2020 20:29:49 +0000 OJS 3.1.2.4 http://blogs.law.harvard.edu/tech/rss 60 Tinjauan Hukum Islam Terhadap Praktik Hibah Hareuta Peunulang di Aceh http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/904 <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> Munadi Usman Copyright (c) 2020 Al-Hukama' : The Indonesian Journal of Islamic Family Law http://creativecommons.org/licenses/by-nc/4.0 http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/904 Fri, 03 Jul 2020 20:31:46 +0000 Analisis Kritis Terhadap Fikih Perceraian Responsif Gender: Studi Penerapan Kaidah Maqasid al-Syari'ah http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/850 <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> Holilur Rohman Copyright (c) 2020 Al-Hukama' : The Indonesian Journal of Islamic Family Law http://creativecommons.org/licenses/by-nc/4.0 http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/850 Fri, 03 Jul 2020 20:34:38 +0000 Analisis Maqasid Al-Shariah Terhadap Peran Pemerintah Kota Surabaya dalam Mewujudkan Kota Layak Anak http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/886 <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> Zakiyatul Ulya Copyright (c) 2020 Al-Hukama' : The Indonesian Journal of Islamic Family Law http://creativecommons.org/licenses/by-nc/4.0 http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/886 Sun, 05 Jul 2020 13:07:29 +0000