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;">Al-Hukama' : The Indonesian Journal of Islamic Family Law</span></span> </strong>diterbitkan oleh Prodi Hukum Keluarga Islam (ahwal As-Syakhsiyyah) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya. Jurnal ini memuat tentang kajian yang berkaitan dengan seluruh aspek Hukum Keluarga Islam di Indonesia. Jurnal ini terbit dua kali setahun: bulan Juni dan Desember. p-ISSN: 2089-7480 , e-ISSN: 2548-8147</p> <p>&nbsp;<strong>Alamat Redaksi</strong>: Jl. Jend. Ahmad Yani 117 Surabaya 60237.&nbsp;Telp. 031-8417418, Fax. 031-8418457. E-mail: al_hukama@uinsby.ac.id</p> en-US itaisme@gmail.com (Ita Musarrofa) faizurrohman@uinsby.ac.id (Moh. Faizurrohman) Mon, 03 Jun 2019 00:00:00 +0000 OJS 3.1.2.4 http://blogs.law.harvard.edu/tech/rss 60 Analisis Kedudukan Adat dalam Hukum Waris Islam dan Hindu Beserta Implikasinya http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/752 <p><em>T</em><em>radition/’urf is recognized by Islamic law as a legal basis with several conditions. While the use of tradition in the distribution of inheritance is not justified because it is contrary to the provisions of Islamic inheritance which are qat‘iyah al-dilalah and qat‘iyah al-wurud. The distribution based on tradition that can be done with the agreement of the heirs, after knowing their respective parts and no one is harmed, as in article 183 of KHI</em><em>.</em> <em>T</em><em>radition in Hindu is recognized as a source of law, which becomes law and also applies as a law with conditions that are appropriate with atmavan. The position of tradition in inheritance law has been recognized and legalized its enforcement in an area, varna, company or village based on Sloka 40 parts 60 chapter 7, Artas#astra book</em><em>. B</em><em>oth Islamic and Hindu laws create tradition as the basis for law enforcement. The use of tradition in the distribution of inheritance is not justified by Islam because of it contradicts with Syara’ argument. However, the distribution based on tradition can be done with the agreement of the heirs, according to article 183 of KHI. In contrast, Hindu law legalizes customary enforcement in an area, varna, company or village as inheritance law based on Sloka 40 parts 60 chapter 7, Artas#astra book.</em></p> Zakiyatul Ulya Copyright (c) 2019 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/752 Mon, 03 Jun 2019 00:00:00 +0000 Eksistensi Anak Perempuan dalam Hukum Kewarisan Syiah http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/753 <p><em>This is a bibliographical research that discusses the justice of girls in Shi’ah inheritance system. The issue which is the subject of discussion is the position of female heirs, especially girls, who in Sunni inheritance system is not treated equally with other heirs, whether they are equal or not. Because in the Sunni inheritance system, male superiority is highly exalted. Between sons and daughters, even though they are equal in the eyes of the heir, still have an unbalanced power in veiling other heirs. Whereas in Shi’ah inheritance system, girls are positioned as equals to boys. They have the same hijab power. In addition, Presidential Instruction No. 1 of 1991 concerning Compilation of Islamic Law (KHI) also applies the principle of equality between girls and boys in terms of veiling other heirs. Nevertheless, KHI did not adopt the class system directly. However, it is explicitly stated in article 181 and article 182 that the existence of a daughter causes sibling,&nbsp; sibling&nbsp; with the same mothe or sibling with the same father does not receive part of the inheritance.</em></p> Faby Toriqir Rama Copyright (c) 2019 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/753 Mon, 03 Jun 2019 00:00:00 +0000 Kekuatan Hukum Penyelesaian Sengketa Waris Melalui Mediator Tokoh Masyarakat di Desa Wonosalam Kecamatan Wonosalam Kabupaten Demak http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/754 <p><em>This article is a field research to answer the role of community leaders as mediators in the settlement of inheritance disputes in Wonosalam, Demak and how the legal power of resolving inheritance disputes through mediator community leaders in Wonosalam, Demak. Research data are collected through interviews and observations, then are analyzed with descriptive analytical techniques with inductive thought pattern. Wonosalam community leaders have an important role in the settlement of inheritance disputes, namely as a mediator, including: opening and leading the mediation process, explaining and determining the heirs' parts, providing the best advice and solutions, deciding and determining what has been agreed by the parties to the dispute, preventing the emergence of even bigger disputes, and still maintaining harmony and harmony in social life. The results of the settlement of inheritance disputes through mediators of community leaders in Wonosalam do not have an enforceable legal force, because they are not confirmed by making a peace certificate or a peace agreement letter, which is contained in: article 27 of the Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures and article 1851 Civil Code. Nevertheless, the determination of community leaders as mediators in the settlement of inheritance disputes is obeyed and implemented by the people of Wonosalam.</em></p> Ahmad Falih Mahrus Copyright (c) 2019 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/754 Mon, 03 Jun 2019 00:00:00 +0000 Hukum Mencegah Kehamilan Perspektif Imam Ghazali dan Syekh Abdullah Bin Baaz http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/755 <p><em>This article discusses the law of preventing pregnancy from the perspective of Imam Ghazali and Sheikh Abdullah bin Baaz. Preventing pregnancy according to Islamic law is permissible. Delaying pregnancy means preventing the pregnancy temporarily, to give a distance to the previous birth. While limiting pregnancy has the meaning of preventing pregnancy forever after having a certain number of children. Pregnancy restrictions like this, are not allowed. Shaykh Abdullah bin Baaz argues that preventing pregnancy, either by 'azl, pills, condoms, and so on is basically haram because it is contrary to maqasid shari'ah, which limits the existence of offspring, but then there are exceptions that make the law permissible, namely because the existence of a dharurat. This is different from Imam Ghazali's assertion, that the Family Planning law which is based on the ‘azl law is permissible because there is no text that shows the prohibition.</em></p> Rifdatus Sholihah Copyright (c) 2019 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/755 Mon, 03 Jun 2019 00:00:00 +0000 Implementasi Peraturan Bupati Gunungkidul Nomor 36 Tahun 2015 Tentang Pencegahan Perkawinan Pada Usia Anak dalam Perspektif Maslahah Mursalah http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/756 <p><em>Regent Regulations (Perbup) of Gunungkidul Number 36 Year 2015 Concerning Prevention of Marriage at the Age of Child is a special regulation regarding the efforts, programs, actions, activities used by the government agencies of Gunungkidul Regency in order to prevent and reduce the number of marriages at the age of child. Wonosari Religious Court statistics show a decrease in the number of submissions for marriage dispensations from 2015 to 2017 after the enactment of this regulation. In 2015 there were 109 cases of marriage dispensation, in 2016 there were 85 cases of marriage dispensation, in 2017 there were 65 cases of marriage dispensation. In its implementation, this regulation has benefits because it forms the basis of human life (maslahah dharuriyyah). This regulation has also answered the problems that humans need to eliminate the difficulties they face (maslahah hajiyyah). In addition, this regulation has preserved the wisdom and goodness of manners and social and cultural beauty (maslahah tahsiniyyah). Seen from its implementation, Perbup Gunungkidul Number 36 of 2015 concerning Prevention of Marriage at the Age of Child is in accordance with the principles of problem solving.</em></p> Agung Ilham Affaruddin, Nurul Asiya Nadhifah Copyright (c) 2019 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/756 Mon, 03 Jun 2019 00:00:00 +0000 Analisis Yuridis Terhadap Alasan Penemuan Novum Palsu Sebagai Dasar Peninjauan Kembali Kedua dalam Perkara Perdata http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/757 <p><em>This article discusses the juridical analysis of the reasons for the discovery of a fake novum as the basis of a second review in a civil case. This study aims to answer the question of how are the reasons for the discovery of a fake novum as the basis for a second review in a civil case? and how are the legal analysis of a reason for the discovery of a fake novum as a the basis for a second review in a civil case. The reason for receiving the second review in the civil case is based on the discovery of a novum which was declared false by the Criminal Judge of the Bandung District Court that has inkracht, is a reason that falls within the criteria of Article 67 letter (a) which reads: “If the decision is based on a lie or a ruse the opposing party that is known after the case has been decided or based on evidence which is later declared to be false by the criminal judge”, is not classified as a reason for finding novum or the reason there are two conflicting judicial decisions. Secondly, the second review in the pedata and criminal case is only limited to the reason that there are two Judicial Decisions that are interrelated with one another (SEMA Number 10 Year 2009), so in addition to these reasons, the Supreme Court has never issued a policy related to the second mechanism Judicial Review, including on the grounds that a novum has been legally and convincingly found false by a public court.</em></p> Ulil Manaqib Copyright (c) 2019 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/757 Mon, 03 Jun 2019 00:00:00 +0000 Ekploitasi Tubuh Aktivis Perempuan Pengurus Cabang Pergerakan Mahasiswa Islam Indonesia Kabupaten Malang http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/758 <p><em>In implementing the works program of the Branch Management of Indonesian Islamic Students Movement of Malang Regency, for the sake of a good and interesting event, the owners of power use female activists to become workers. Women activists must carry out tasks that are not in accordance with their job descriptions, get coercion from fellow activists to carry out tasks that they themselves have not yet experienced and only try first, and the most striking is when female activists are not happy if there is a women's development program. The practice of exploitation of these women activists, seen in this article, uses Michel Foucault's body discipline theory. The body's discipline works as a normalization of behavior designed by utilizing the productive and reproductive abilities of the human body. The practice of power through disciplining the body, creates a situation where the individual body can internalize submission and make it look like a normal state. This practice is what Foucault calls the normalization of power over the individual body. Individuals will never feel that they are being used and subjugated because they already consider it to be within reasonable limits. It can also be said that this is a veiled exploitation.</em></p> Ahmad Zainuri Copyright (c) 2019 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/758 Mon, 03 Jun 2019 00:00:00 +0000 Parenting Bagi Orang Tua Muda di Pusat Pembelajaran Keluarga Surabaya Perspektif Abdullah Nashih `Ulwan http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/760 <p><em>&nbsp;In this information and technology era, families face many challenges, especially in terms of childcare. The many social issues related to the family, especially the role of parents, make government institutions take the initiative to build family resilience by providing parents with knowledge about parenting. This article intends to highlight parenting activities for young parents held by the Surabaya City Government through the Puspaga (Family Learning Center) program. This program is intended to increase the knowledge of young parents about parenting towards children and make them aware of the importance of knowledge about parenting as a provision to foster harmonious families. Data was collected using interview techniques with participants and Puspaga administrators and documentation techniques. To assess this practice, the author uses child education theory according to Abdulloh Nashih 'Ulwa who emphasizes education in the fields of faith, morals, physical, psychological, resourceful, and social. The parenting program for young parents held by Puspaga is compatible with the concepts of Islamic education according to Abdullah Nashih 'Ulwa.</em></p> Azmatul Husniyah Copyright (c) 2019 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/760 Mon, 03 Jun 2019 00:00:00 +0000 Perkawinan Beda Agama Perspektif Majelis Ulama Indonesia dan Muhammadiyah http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/761 <p><em>This article discusses interfaith marriage law according to the fatwa of the Indonesian Ulema Council and Muhammadiyah. According to the MUI’s fatwa, interfaith marriages are unlawful with the proposition of chapter of al-Baqarah verse 221. While Muhammadiyah believes interfaith marriages are permissible on the basis of al-Maidah verse 5. MUI forbids interfaith marriages because it can lead to conflicts between Muslims and cause unrest in the community. Muhammadiyah allows interfaith marriages because in Islamic history it is known that the Prophet Muhammad was married to a Christian woman from Egypt, namely Maria al-Qibthiyyah. Some of the Companions of the Prophet also married the women of the Book. MUI equates ahlu al-Kitab (Nashrani and Jewish) including the category of polytheists, while Muhammadiyah considers that women from ahlu al-Kitab does not include polytheists as stated in chapter al-Baqarah verse 221. This is because according to Muhammadiyah there are many verses that distinguish between ahlu al-Kitab and polytheism by considering the linguistic analysis in chapter al-Baqarah verse 105 and al-Bayyinah verse 1.</em></p> Mifatakhul Bil Ibad Copyright (c) 2019 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/761 Mon, 03 Jun 2019 00:00:00 +0000 Pemberian Hak Hadanah Kepada Ibu Tiri dalam Putusan Pengadilan Agama Sidoarjo Nomor: 0763/Pdt.G/2018/Pa.Sda Perspektif Maslahah Mursalah http://jurnalfsh.uinsby.ac.id/index.php/alhukuma/article/view/759 <p><em>This article is a library research on the granting of rights to stepmothers in the decision of the Sidoarjo Religious Court Number: 0763/Pdt.G/2018/PA.Sda. The research data are collected using documentation techniques and are analysed using descriptive analysis techniques and using a deductive mindset that is by outlining the decision of the Sidoarjo Religious Court which is then reviewed from the perspective of maslahah mursalah. The panel of judges in determining the right of gift to stepmothers in the Sidoarjo Religious Court's decision, based on article 41 letter (a) of Law Number 1 of 1974 jo. article 105 and article 156 letter (a) Compilation of Islamic Law and the proposition in the book Bajuri juz II. In addition, a willingness from the Defendant who is the biological father of the child to give the right of gift to the Plaintiff's Reconstruction is a point that is included as consideration by the panel of judges. In Islamic law which is examined from the theory of maslahah mursalah, the judge's consideration to establish the right of hadanah to the stepmother in the Sidoarjo Religious Court's ruling is in accordance with the purpose of the hadanah namely to prioritize the interests and benefit of the child so that later he or she can grow into a good person under the care of an appropriate person, even though the child is not a biological child of the Reconvention Plaintiff, the Reconvention Plaintiff is in fact more feasible and competent to have the right of hadanah.</em></p> Wafda Firyal Copyright (c) 2019 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/759 Mon, 03 Jun 2019 00:00:00 +0000