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Mahakim
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Mahakim: Journal of Islamic Family Law
ISSN : 25974246     EISSN : 26158736     DOI : -
Core Subject : Social,
MAHAKIM adalah Jurnal yang diterbitkan oleh Lembaga Penelitian Dan Pengabdian Kepada Masyarakat (LPPM), Institut Agama Islam Negeri (IAIN) Kediri yang diterbitkan satu tahun dua kali, yaitu bulan Juni dan bulan Desember.
Arjuna Subject : -
Articles 30 Documents
TRADISI AMBRUK DALAM MASYARAKAT DUSUN NGESONG MENURUT PERSPEKTIF HUKUM ISLAM Guntur, Ahmad Zamzam
Mahakim Vol 2, No 1 (2018)
Publisher : Mahakim

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Abstract

Proposal is a step toward marriage commonly done by men to deliver their purpose to marry girls and ask the girls’ parental blessing. Today, proposal in Javanese culture is various with the reasons of effectiveness in doing it and different situations. One of the varied proposals is that in Ngesong hamlet which is located in Tiron village, Banyakan subdistrict, Kediri regency. The phenomenon is tradition of staying overnight in a same house for the prospective bride and groom called ambruk. In this research, the researcher concerned in that entitled Ambruk Tradition in Ngesong Hamlet in View of Islamic Law. This research is a case study so that the researcher used the sociology of law for the approach. This is descriptive research using observation and interview in collecting the data. The research subject are Tiron village officials, the Tiron village chief, the village elders, the religious leaders and the people of Ngesong hamlet. Ambruk is a tradition done after engagement and determination of the wedding day with sumitting the prospective groom by his family to the prospective bride’s family. Ambruk has two elements; the prospective groom helps his future parents-in-law at work and stays overnight at their house. In the view of Islamic law, helping them is allowed but staying overnight is forbidden. It is included in ‘urf fāsid with concerns probably raising danger and sins of khalwah and zina, while the worries of those must be rejected as strong as possible. In conclusion, based on the concept of sadd al dhari’ah that the tradition ambruk is not allowed according to the view of Islamic law. Keywords: View, Ambruk, Islamic Law.
TERBIT FAJAR DAN WAKTU SUBUH (KAJIAN NASH SYAR’I DAN ASTRONOMI) Zaman, Qomarus
Mahakim: Journal Islamic of Family Law Vol 2, No 1 (2018)
Publisher : Institut Agama Islam Negeri Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mh.v2i1.970

Abstract

Fajr in syar’i concept is divided into two; Fajr Kazib and Fajar Shadiq. The Fajr Kazib is time to having breakfast before doing fasting and have no salah Subuh. The second is fajr Shadiq. It is time to have no having meal (because it is fasting time) and time to do salah Subuh. Fajr Kazib arises at the early morning whose the light is not bright, but it is longer to the top of East to West vertically. Then the sky comes dark like wolf tail. While Fajr Shadiq arises at the early morning whose light is bright spreading in East horizontally. It arises just before sunrise. Time between Fajr Shadiq and the sunrise is the time for salah Subuh. In Astronomy, the word Fajr means Morning Twilight. Twilight in Astronomy is divided into three; astronomical twilight, nautical twilight and civil twilight. First, astronomical twilight is as the end of night. That is when starlight is not bright because of sunrise. The sun position is level 18 below the horizon. At that time, there ios still dark because of the sun going to rise ( an hour and 12 minutes later the sun rises). The second is nautical twilight. It looks so bright is East horizon for the sailors who are going to land. The sun position is level 12 below the horizon (48 minutes later the sun rises). The third is civil twilight. It is Fajr whose the light is so bright in which the position is level 6 below the horizon. At that time, the sunlight is so really bright, and many people do their morning activities. And then 24 minutes later the sun rises. Keywords: dawn, time of dawn (time of Subuh)
PEMBAGIAN HARTA BERSAMA AKIBAT PERCERAIAN DI PENGADILAN AGAMA KEDIRI NUZULA, NIKMATUN
Mahakim: Journal Islamic of Family Law Vol 1, No 1 (2017)
Publisher : Institut Agama Islam Negeri Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mh.v1i1.1009

Abstract

In a general way, the division of community property in divorce at Religion Justice of Kediri utilizes the aught rule on Section 97 Islamic Law Compilations, where is division in that section names that widow or divorce widower lives each get half of community properties. But then available a case where Judges in the Religion Justice of Kedir establish another, which deviates from aught rule in Section 97 Islamic Law Compilation which is, each one third part for husband, and two third part for wife of the community property. This research focuses on 1) What do become the judge’s judgment in deciding matter Number 0168 / Pdt. G / 2014 / PA. Kdr in contrast to aught order in Section 97 KHI; 2) What implications of be applied contra legem in that verdict. In this research, the writer utilizes qualitative approach and field research. Meanwhile, in data collection utilizes interview and documentation. Data analysis uses content analysis of verdict through theory which is available with its practice at the site. This observational result concludes that there is three prime factors of the judge’s judgment in deciding the division matter of the community property Number 0168 / Pdt. G / 2014 / PA. Kdr variably diffrent of section 97 Islamic Law Compilations, which is: 1 ) Since wife while parted by divorces by husband not charge iddah’s earningses, mut ’ ah and past earnings; 2 ) Since wife have greater contributions in render community property; 3 ) as patriarch that ought to meet the family needs, husband has pointed out accountability heaving full as head of family. So if Judge applies rule of law ground, which is by applying Section 97 Islamic Law Compilation are assessed wrongful. Judge moring to advance to perceive justice than rule of law. Therefore of that, Judges in deciding a matter don’t be glued on written order only. Contra legem is form Judge as enforcer of law and justice that not only advance rule of law ground but also utilize justice ground judgment and benefit. Contra legem’s implemented implication can evoke new law that its following can be made as jurisprudence if there is a similar case. Keywords: marriage, divorce, community property, contra legem
AKTUALISASI KAIDAH I’TIBA>R AL-MAS}A>LIH} DALAM PEMIKIRAN IZZ AL-DI>N IBN ABD AL-SALA>M) Al-Anshori, Huzaimah
Mahakim: Journal Islamic of Family Law Vol 2, No 2 (2018)
Publisher : Institut Agama Islam Negeri Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mh.v2i2.976

Abstract

Goodness actualization in the thought of imam Izz al-Di>n in triggering the law is not separated from attracting good and avoiding destruction, a concept that indicates the benefit of mankind. This if we actualize it in the comunity, it will appear that goodness is a priority in assisting a law that will be triggered, provided that it does not conflict with the qur’an agreement, analogy, and istidian of the mu’tabar. mas}lah}ah (goodness) in a marriage registration, it has been mentioned in the books of fiqh. The regulation of it is an anticipatory step from the state (goverment) to anticipate the actions that harm in one side, especially women. This is accordance with the rules. Meaning: the actions of leader/goverment for the society are to realize the goodness. Imam izz al-Di>n makes the Holy Qur’an and the hadith as a juridical basis in establishing a law. Besides that, Izz al-Di>n in responding to mas}lah}ah as a reference in law istinbat he rests on istidla>l al-s}ah}i>h} or with the term istidla>l bi al-mas}a>lih}. Keywords: Actualization, Rules, I’tiba>r al-Mas}a>lih}.
PUTUSAN VERSTEK PENGADILAN AGAMA PADA CERAI TALAK PERSPEKTIF KEADILAN GENDER Taufik, Abdullah
Mahakim: Journal Islamic of Family Law Vol 2, No 2 (2018)
Publisher : Institut Agama Islam Negeri Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mh.v2i2.973

Abstract

Verstek’s decision is one of the court legal products that can have permanent legal force if there is no resistance effort (Verzet) from the defendant Verstek’s decision was dropped by a judge because the Tegugat (Respondent) who had been summoned should not come without giving reasons that could be justified by law. The verstek decision is based on article 126 HIR (Herzien Inlandsch Reglement) which states; 1. The absence of the defendant at the first hearing immediately gave the judge the authority to decide on the verstek 2. Resign the session and call the defendant once again Verstek’s decision which is an item of civil procedural law in general is also applied in the civil procedure law of the religious court. Therefore, in dealing with civil divorce cases in religious courts, judges can apply the verstek verdict. negative impact on the wife because in the verstek decision the wife is in a weak position, so that with the verstek verdict she has lost her right to defend herself, even though there is an opportunity to fight (Verzet) but it depends on the quality of the personnel from in terms of economics and education, judges must therefore be wiser in imposing Verstek decisions on divorce divorce cases so that there is an opportunity for the wife to provide information related to her personality so as to create gender equality in the court. Keywords: Divorce, Verstek Verdict, Gender Equality
ANALYSIS OF CAUSING FACTORS DIVORCE IN INDRAMAYU DISTRICT, 2018 (CASE STUDY IN THE RELIGION COURT OF INDRAMAYU DISTRICT IN 2018) dan Nurmahmudah, Syaefullah
Mahakim Vol 2, No 2 (2018)
Publisher : Mahakim

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Abstract

The divorce case in the Indramayu Regency Religious Court in 2018 the divorce rate is still high, the factors that cause divorce in the Indramayu Religious Court in 2018 are economic factors of 5296 cases, leaving one party 56 cases, sentenced to 36 cases, ongoing disputes 25 cases, 5 cases of gambling, 2 cases of polygamy, 2 cases of disability, domestic violence 2 Case, forced marriage of 2 cases and apostasy of 1 case. The results of the analysis of economic factors are the main causes of divorce because many husbands do not provide for their wives and children, resulting in ongoing disputes and arguments in the household. So that many wives decided to sue her husband for 5170 people, and after divorce decided to go abroad to become migrant workers. Based on data from the BP2TKI LTS in 2018 the workforce from Indramayu is still dominated by female workers totaling 13,480 people, a factor causing divorce in Indramayu also because the education level of divorce actors is still low based on statistical data from the Indramayu Religious Court in 2018 of 3296 plaintiffs / the majority of applicants were educated only to the level of elementary school graduated. Keywords: Divorce, Analysis, Economy
HAK DAN KEWAJIBAN SUAMI ISTRI DALAM KITAB ‘UQŪD AL-LUJAYN DAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Khasanah, Lutfiatul
Mahakim: Journal Islamic of Family Law Vol 1, No 1 (2017)
Publisher : Institut Agama Islam Negeri Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mh.v1i1.1008

Abstract

A matrimony causes law effects for husband and wife called the rights and obligations. A husband and wife each have the right and obligation in marriage. Book ‘Uqūd al Lujayn by Shaykh Muhammad Bin Umar Al-Nawawī Al-Bantanī constituting book that works through marriage and still frequently be assessed at several boarding houses or pondok pesantren in Indonesia. Indonesia which constitutes as a law based country has managed laws on marriage, namely Undang-Undang Number 1 Year 1974 about marriage to know the right and obligations which correspond to orders in Islam and not rule out Indonesian marriage Law. This research is arranged utilized answers severally problem formula by using library research with qualitative method and descriptive analytic which is the researcher tries to word aught material with intent fact finding by analyzing what do be equal to as effort to solve problems . Data collecting is utilized to methodic library material via written texts and also soft copy edition and analyzed by content analyses and comparisons. Based on the observational result, researcher concludes that: (1) Books ‘ Uqūd al Lujayn in managing rights of husband and wife which positioning husband rights upon as level as higher as wife. (2) the right and obligation equations of husband and wife in book ‘ Uqūd al Lujayn and Number Law 1 Year 1974 Connubial are both husband and wife have to be good and glorious, husband as patriarch, husband mandatorying to give wife earnings, wife as housewife that mandatory manage housewifery with all the best and mandatory husband and wife mutually loves, faithful and helping. Meanwhile difference of both lays in rights arrangement and wife husband position, negligence sanction in going liabilities and wife permit liabilities to husband. (3 ) Basic Principle that become difference concept base rights balance and wife husband position in book ‘Uqūd al Lujayn and Number Law 1 Year 1974 connubial are that book footing ‘Uqūd al Lujayn on Q.S Al Baqarah (2 ): 228, Q. S al Baqarah (2 ): 228 and hadis is Prophets. Meanwhile Number Law footing 1 Year 1974 connubial on jender’s equation. Keywords: rights and obligations, ‘Uqūd al-Lujayn, Undang-Undang Perkawinan
REUNDERSTANDING PEMAHAMAN DASAR TEOLOGIS SIKAP KEKERASAN DALAM RUMAH TANGGA (TELAAH ISU FEMINISME HADITS LAKNAT ALLAH TERHADAP ISTRI) Zein, Fuad Muhammad; Falach, Ghulam
Mahakim: Journal of Islamic Family Law Vol 3, No 2 (2019)
Publisher : Institut Agama Islam Negeri Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mh.v3i2.1409

Abstract

The problem of gender equality in Islam often uses theological grounds to include the hadith proposition as a tool of legitimacy. Especially in the case of the household, the argument of curse in the relationship of husband and wife is used as the basis for accusations of obtaining domestic violence by the husband to the wife. As if Islam would allow a husband to wife's violence if they were not willing to serve their sexual desires. This paper aims to answer these assumptions by analyzing the argument of the curse by using the method of critical criticism from the perspective of language or can also be called the bayani method, namely the method of analyzing the meaning of meaning in the argument of fiqh law. The result is that there is an error in understanding the meaning of the hadith caused by a weakness in understanding the meaning in Arabic which is the language of the hadith. Therefore, finally bring conclusions that are less proportional in understanding the propositions and facts. The hadith is a guide for all Muslims and there is no need for doubt in the study of hadith. The development of the modern era certainly has its own influence, especially in the scientific field of hadith. As Muslims of course we are all required to be able to fight in all fields, especially in the field of hadith science. The theoretical uptake and applied form of the Fatima Mernissi methodology of thought have created an important issue to study. His action in terms of knowledge has given rise to new problems for the hadith scientists in the field of feminism. This research aims to examine how the forms of hadiths are based on Fatima Mernissi's ideas and thoughts. The problem of misogynist traditions is a form of contemporary research that must be discussed, especially regarding the reconstruction of understanding of misogynistic traditions. Few things are important in the study of misogynistic traditions, where the existence of this hadith has created problems for making new facts in the world of feminism. The new fact is nothing but the formation of new weapons in terminating the acceptance or rejection of the hadith. Furthermore, the discussion of this research will be accompanied by the tarjih method in order to arrive at the correct conclusions. Whether the misogynistic hadiths are hadiths that show that Islam discriminates against women or not. The purpose of this study is none other than a study for proving that misogynistic hadiths are not an expression of the hadith denied by Fatima Mernissi to the Muslims' grip which is expressed in the Qur'an and al-Hadith.
PENGARUH KETIMPANGAN PENDAPATAN SUAMI ISTRI TERHADAP TINGGINYA KASUS CERAI GUGAT DI PENGADILAN AGAMA KELAS 1B KABUPATEN PONOROGO Dewi, Arlinta Prasetian; Setiawan, Budi
Mahakim: Journal of Islamic Family Law Vol 3, No 2 (2019)
Publisher : Institut Agama Islam Negeri Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mh.v3i2.1410

Abstract

Ponorogo is a city that has a high rate of divorce cases. From the divorce cases, the majority of submissions come from female workers who work as migrant workers, the implication is that the wife has a far greater income than her husband giving rise to a shift in the role of husband and wife which also results in a shift in rights and obligations. Although Islam allows a wife to work (in the context of helping her husband), it is expected that the husband and wife have considered together the good and bad consequences that may arise from the decision. Income gap or income inequality between husband and wife if not interpreted wisely can have an impact on the disharmony of the relationship between the two can even reach the stage of divorce. This research will explain an analyze the effect of income inequality between husbnad and wife on the high cases of divorce in Ponorogo. For that, researcher will examine this income inequality in the view of the sociology of Islamic law in the Ponorogo community in particular and driving factors the rise of female workers in Ponorogo and things that arise when the wife?s income is greater than her husband. The paradigm of this research is used a qualitative paradigm with emphasis on case studies in teh field. The result of the research stated that income inequality where the wife has a greater income than the husband is not a main problem in divorce cases, but there are other factors as a trigger such as the inability of the husband in managing finances, the wife?s takings is only for consumptive activities and even tends to spree, the interference from the husband?s family, especially in financial matters, lack of understanding of religion, and infidelity. This hiigh financial ability of the wife ultimately makes the wife dare to sue for divorce of her husband.
ANALISIS KEADILAN HUKUM PUTUSAN VERSTEK PADA PERKARA CERAI TALAK NO. 0520/PDT.G/2014/PA. KAB. KEDIRI Taufik, Abdullah
Mahakim: Journal of Islamic Family Law Vol 3, No 2 (2019)
Publisher : Institut Agama Islam Negeri Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mh.v3i2.1651

Abstract

Verstek's decision is a decision handed down by the judge without the presence of the defendant or respondent at the trial, the principle that the judge is authorized to make a decision or not without the presence of the defendant at the trial so that the judge has facultative rights, in this case referring to article 126 HIR (about verstek) as a reference: 1. The absence of the defendant at the first hearing that authorized the judgeimmediately to decide on the verstek 2. Delay the session and call the defendant once again. In such legal cases / events, the position of the defendant / defendant in the divorce case is always in a weak position, especially if the respondent is a woman, with all her limitations she will always be passive and difficult to provide resistance is most likely caused by the following factors: a. Unclear address; b. The call (relas) for the trial does not arrive; c. Lack of understanding procedures in court proceedings and reluctance to consult; d. More resigned and accept fate.

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