Islamic Family Law Research Articles

The Granting of Family Card for Siri Marriage in Banda City: Perspective of Islamic Family Law

The Granting of Family Card for Siri Marriage in Banda City: Perspective of Islamic Family Law

SEMINAR PRA NIKAH DALAM UPAYA MEMAHAMI KONTEKS DIRI TERHADAP INTENSI PERGAULAN BEBAS BAGI REMAJA

This phenomenon, which often occurs especially in teenagers, has become a social problem in society. Forms of behavior that are not in accordance with Islamic law among teenagers have become a habit, promiscuity varies from feeling attracted to the opposite sex, dating to touching each other's sensitive parts to having sexual intercourse. One thing that can influence behavior that is not in accordance with sharia is self-control, teenagers who have high self-control tend to have a sense of responsibility to look after themselves. The function of the pre-marital seminar activity for teenagers created by students of the KPM (Community Service Lecture) Islamic Family Law study program is in an effort to understand the self-context among teenagers regarding the intention of getting pregnant outside of marriage due to promiscuity for the Kalijati village community so it is hoped that this service program will be appropriate with society.

ROLE AND ETHICS OF HAKAM IN RESOLVING MATRIMONIAL DISPUTES

Conflicts and disagreements are part and parcel of married life. As revealed in the Qur’an the best way to resolve conflict in family is by the efforts of the spouses themselves. In the event of failure to restore harmony between the spouses, Islam laid out other remedies from outside the conjugal home where competent third parties are available to assist in resolving the conflict. In Malaysia, provisions relating to third party intervention can be found, for instance, under sections 47 and 48 of Part V on the Dissolution of Marriage of the Islamic Family Law (Selangor) Enactment 2003. The sections respectively provide clauses for conciliatory committee and arbitration. The courts, under s. 48 will appoint two hakam (arbitrators) to act for the husband and the wife. In agreement with the Islamic law of Tahkim, it is recommended that where possible, for a hakam to be from among the family of the spouses. This paper seeks to examine first, the role of Hakam in a Tahkim process and, second, the ethics of Hakam. To achieve this, apart from field research, the Hakam Rules 2014 of Selangor was referred to to examine detailed aspects on the qualifications, role and ethics of Hakam. A minor fieldwork was conducted at Shah Alam Syariah Subordinate Court. 20 case files involving settlement reached through tahkim sessions were examined. Separate interviews with Syariah Court Judge as well as ‘court-annexed’ hakam were also carried out. The findings suggest that besides emphasizing on the principal requirements, it is equally important to pay greater attention to promoting additional qualification and nurturing relevant skills in the light of the hakam duties as third party in resolving family disputes. Furthermore, maintaining the characteristic as hakam by following the code of ethics is another key to the successfulness of majlis tahkim.

Preventing Child Marriage in Bone District, South Sulawesi: Perspective of Islamic Family Law

Preventing Child Marriage in Bone District, South Sulawesi: Perspective of Islamic Family Law

Peran pemerintah dalam mempromosikan alternatif penyelesaian sengketa di Indonesia

The Indonesian government has implemented diverse initiatives to foster a nonviolent approach to resolving family law conflicts. The study will examine the involvement of governments and their initiatives in advocating for conflict resolution as a viable method for addressing societal concerns. The aggregation of cases handled by multiple courts led to a prolonged resolution of the recorded concerns. This study will focus on two distinct problem formulations. Firstly, we will discuss the government's role in promoting alternative dispute resolution as a solution to difficulties. Secondly, we will examine why government techniques for implementing alternative conflict resolution are superior to resorting to court proceedings for dispute settlement. This research aims to enhance people's understanding of the government's provision of non-judicial or alternative dispute resolution. The report seeks to analyze the government's initiatives in addressing the issue of Islamic family law. This study will utilize library research and significant data regarding specific government initiatives. This will be accomplished using a legal and normative approach. The study findings indicate that the government is actively promoting alternative methods of resolving disputes, such as mediation. This is being done through the implementation of mediation in the courts, improving legal aid services, enacting laws on a large scale, and encouraging the utilization of information and communication technologies. The strategy is executed by promoting mediation and conciliation in all court proceedings, establishing dispute resolution centers, empowering women to reduce disputes related to women, promoting legal education and awareness, and maximizing the utilization of technology and information.

The Existence of Walimatul Urs Traditionally Ibal Serbow Lampung Pepadun Megou Pak Tulang Bawang and Relevance to Islamic Family Law

This article examines the existence of a customary tradition carried out by the indigenous people of Lampung Pepadun Megou Pak Tulang Bawang, this tradition is about Walimatul Urs by Ibal Serbou custom. The purpose of writing is to analyse the view of Islamic law on the implementation of Walimatul Urs in the custom of Ibal Serbou Lampung Pepadun Megou Pak Tulang Bawang, and its relevance to Islamic family law. The method used is qualitative, the type of research is Field Research (field research) supported by Library Research. The approach used is a historical approach, the object of research is carried out in Tulang Bawang Regency, data collection techniques through observation, interviews and documentation. Interview informants were conducted directly to the community and traditional leaders of Lampung Pepadun Megou Pak Tulang Bawang, data analysis techniques inductively with Mashlahah theory. The results of the analysis show that the implementation of Walimatul Urs activities in the customary Ibal Serbou Lampung Pepadun Megou Pak Tulang Bawang involves stages such as Pineng (engagement), pengaku'an (release), and wedding reception. This process requires the participation of the families and communities of the four clans, the Walimatul Urs in the Ibal Serbou custom requires a lot of money and a long time. The implementation of Walimatul Urs in Ibal Serbou custom is not in accordance with Islamic Walimatul Urs activities and is not relevant to Islamic family law.

Najmuddin Ath Thufi Mashlahah as Legal Reasoning for Judges' Decisions and Its Contribution to the Reform of Indonesian Islamic Family Law

This article explores the concept of Mashlahah Najmuddin Ath Thufi as a legal reasoning for judges' decisions. The concept of Mashlahah Najmuddin Ath Thufi can be a solution for judges in deciding cases in court. The judges are required to build legal reasoning, who do not have strong legal reasoning can produce decisions that are considered Onvoldoende Gemotiveerd, namely decisions that are insufficient judgment. The question to be answered in this article is how is the construction of Mashlahah according to Najmuddin Ath Thufi in the legal reasoning of judges' decisions? What is the contribution of Najmuddin Ath Thufi's Mashlahah to the renewal of Islamic family law in Indonesia? The method of analysis uses qualitative, while the approach is normative. Data sources are obtained from books, law journals, court decisions and dictates. The results show that, Najmuddin ath Thufi's Mashlahah theory bases the constellation of Mashlahah on the superiority of human reason, based on the interpretation of the Prophet's hadith which reads la dharar wala dhirar. Mashlahah Najmuddin Ath Thufi as the basis of Legal Reasoning for judges' decisions focuses on rechtsvinding (law discovery) and creating new laws (rechtsschepping). Judges because of their position (ambtshalve), are not just the mouth or mouthpiece of the law (bouche de la loi), but become translators or givers of meaning (interpreters). Najmuddin ath Thufi's Mashlahah theory contributes to the reform of Islamic family law in Indonesia through court decisions.

The Position of Women and Women's Rights in Islamic Family Reform: A Comparison in Indonesia and Tunisia

This research was prepared with the aim of discussing the position and fight for women's rights in the Islamic Family reform (Comparison in Indonesia and Tunisia). Some women demand that their rights be taken away by male hegemony. This theme ultimately falls within the scope of the Holy Quran which is used as a source of legitimization of the relationship between men and women. The research method used in this study is the method of collecting data through library research. Data is collected by gathering information from various sources of literature, including books, magazines, journals, and others. From this research, it can be concluded that the reform of Islamic family law in Indonesia and Tunisia was carried out to answer the needs of the times and especially to raise the degree (status) of women, namely through nurturing, preserving and then fighting for women's rights. Although the minimum standards of marriage and polygamy differ in the two countries, they share a similar principle and goal: the protection of women's rights. Nonetheless, these rights are equivalent by nature in sharia (maqasyid ash-shari'ah), such as the right to mental and psychological health (equivalent to the nature of hifz an-nafs/maintaining the soul), then the right to maintain reproductive health (equivalent to the nature of hifdz al-nasl/maintaining offspring), Furthermore, the right to obtain equal opportunities in the field of education (commensurate with the nature of hifdz al-'aql / preserving the intellect) and the provisions of polygamy between the two countries also have commensurate goals and principles, namely to protect women's honor or human rights (commensurate with the principle of hifdz al-'ird).

The Status of Children Outside of Marriage and Its Relevance to the Reform of Islamic Family Law in Indonesia

This research discusses the Status of Children Outside of Marriage and its Relevance to the Renewal of Islamic Family Law in Indonesia. This research aims to find out specifically how the status of children outside of marriage and its relevance to the reform of Islamic Family Law in Indonesia. The method used in this research is the method of collecting data through library research. Data is collected by collecting information from various sources of literature, such as books, journals, magazines, and so on. From this research, it can be concluded that the scholars agree that children born out of wedlock have family ties both with the mother and her family. This is also the case in the laws and regulations governing marriage law in Indonesia which stipulate that the only civil relationship of children born out of wedlock is with the mother and her family. Nevertheless, the plaintiff permitted the Constitutional Court to conduct a judicial review, especially to ensure that her child was given permanent legal status and accepted by the defendant's family. After the respondent disputed the existence of the child and ignored the child's civil rights, including payment of monthly living expenses and school fees, the plaintiff was forced to take legal action. Thus, the Constitutional Court decided to partially grant the petitioners' claims based on the reasoning of the Panel of Judges. It was an extraordinary ijtihad when the Constitutional Court issued a new ruling on the status of children born out of wedlock. The Constitutional Court's decision is supported by arguments that are in the public interest (al-mashlahah al-'ammah), including protecting the future of children and providing a deterrent effect on men who have free sex so that adultery does not become commonplace. At least today, we can observe that legal progress in Indonesia also considers vulnerable groups, especially children.

Husband's Rejection To Children's Lineage After Divorce

The religious scholars have different opinions in determining the maximum period of pregnancy for a woman. Fiqh scholars stated that lineage is one of the strong foundations in building a family life that can bind a person's personality based on blood unity. Islam has laid down guidelines in terms of the conviction of lineage according to Shariah law. This research uses a type of normative research, namely the approach of legal principles, legal theory, court decisions and uses the case approach method. The results of the research show that the husband's rejection of the child's lineage after divorce can be considered by the judge in convicting the child's lineage by examining all aspects and evidence of statements whether oral or written so that it is in line with syariah law and the Islamic Family Law (Kedah). As for if a pillar and condition of marriage is not fulfilled in line with the Sharia, then a wording of the marriage contract is invalid so that it can make the marriage broken (fasid) or the occurrence of dubious intercourse. In line with that, then the status of a child will be doubted by the parties about the legitimacy of his lineage.

Membumikan Moderasi Hukum Keluarga Islam Guna Membentuk Masyarakat Madani Menggunakan Teknologi Informasi

As society continues to develop, Information Technology is a very important tool. Information Technology forces every person, whether individual or group, private or government, to take into account the Information Technology that will be applied in order to remain competitive in the era of globalization. In general, the problem faced by the Pontianak Aisyiyah Polytechnic is that there is still a lack of knowledge in the field of law related to information technology, which has given rise to the idea of ​​establishing moderation in Islamic family law to form a civil society using information technology. Along with the progress of the development of Information Technology, globalization is becoming increasingly rapid. The specific aim is to implement the use of applications related to the theoretical concepts of the courses given to students. Analytical survey method with a Cross Sectional approach. The qualitative research design used is Phenomenological Research. The results of this research can increase students' knowledge and skills, in increasing knowledge in the field of law related to information technology. Promoting the information technology study program at the Pontianak Aisyiyah Polytechnic.

The Communication Patterns of Husband and Wife Couples in Resolving Household Conflicts: Islamic Family Law Perspectives

The Communication Patterns of Husband and Wife Couples in Resolving Household Conflicts: Islamic Family Law Perspectives

Al-Fatani's Perspectives on Islamic Family Law: Insights from Hidayah Al-Muta’allim Wa’Umdah Al-Muta’alim

The evolution of Islamic Family Law in Malaysia is a nuanced amalgamation of Malay customs, cultural influences, and Islamic jurisprudence. Rooted in the history of Malaya, the formation of current Islamic Family Law reflects the fusion of these elements. This study delves into Daud Abdullah Al-Fatani's seminal work Hidayah Al-Muta’allim Wa’Umdah Al-Muta’alim, a pivotal contribution to Malaysian Islamic jurisprudence. Comparing Al-Fatani's insights with those of scholars from diverse schools of thought and contemporary Islamic Family Law enactments, the focus remains on key issues such as Zihār, Khiyar, and Nusyuz. The study reveals that Al-Fatani's perspectives transcend strict adherence to the Al-Shafi‘i school, while aligning with the Islamic Family Law (Federal Territories) Act 1984. His views on marriage dissolution and wife’s disobedience are influenced by Malay culture, while maintaining fidelity to the Qur’ān and Sunnah exemplified by his stance on Zihār. This resonates in Malaysia's current Islamic Family Law which is not rigidly bound to the Al-Shafi‘i school but intricately considers cultural conditions.

Investigating the Impact of Globalization on the Development of Islamic Family Law: A Case Analysis of Modernizing Muslim Countries

Investigating the Impact of Globalization on the Development of Islamic Family Law: A Case Analysis of Modernizing Muslim Countries

Protection of Women's Rights in Marriage According to Islamic Family Law: An Analysis of Contemporary Cases

Protection of Women's Rights in Marriage According to Islamic Family Law: An Analysis of Contemporary Cases

Examining Children's Interests in Divorce Conflict Resolution from an Islamic Family Law Perspective

Examining Children's Interests in Divorce Conflict Resolution from an Islamic Family Law Perspective

The Role of Qanun in the Implementation of Islamic Family Law in Sharia-Based Countries: Challenges and Opportunities

The Role of Qanun in the Implementation of Islamic Family Law in Sharia-Based Countries: Challenges and Opportunities

Memutus Rantai Domestic Violence Melalui Kesetaraan Gender dalam Hukum Keluarga Islam

The massive patriarchal culture in society, misunderstanding of religion and unequal power in the family have resulted in high rates of domestic violence in Indonesia, where women are often the victims of violence. This violence often leads to divorce, while the wife is always the loser. This article discusses the importance of gender equality in Islamic family law as an effort to break the chain of domestic violence and achieve the goal of a harmonious marriage. This article uses the library research method by collecting literature related to domestic violence and family law in Indonesia. The analysis is conducted using the normative-inductive method with a gender justice approach, focusing on the position of men and women in the marriage relationship. In the discussion, this article reviews domestic violence, the forms of violence that occur, as well as the causes of domestic violence elaboration of family regulations in Muslim countries. Efforts to eliminate domestic violence and create harmonious families require the implementation of gender equality in family law. This is key to ensuring the well-being and protection of all family members, as well as to achieving the essence of the purpose of marriage in Islam.

The Problems of Islamic Family Law in the Digital Era and Its Relevance to Renewal of the Compilation of Islamic Law

The Problems of Islamic Family Law in the Digital Era and Its Relevance to Renewal of the Compilation of Islamic Law

THE AUTHORITY OF ISLAMIC FAMILY LAW AMONG THE HEADS OF TERNATE AND TIDORE RELIGIOUS AFFAIRS OFFICES

This article analyzes the authority of Islamic family law among the heads of the Religious Affairs Office (KUA) in Ternate and Tidore, Indonesia. This research is a type of field research with qualitative methods. The research involved princes in the northern Maluku region consisting of the Sultanates of Ternate and Tidore. The research results show that the headman has coercive authority to force legal implementers (children or parents for parties who are getting married) to comply with existing rules because there is a legal basis which is the authority of the headman as the party registering the marriage. In dealing with legal authorities such as in determining marriage guardians, determining the period of 'iddah and pregnant marriages, the headmen in Ternate and Tidore generally use Fiqh legal considerations rather than state laws such as KHI and so on. This is because formal legislation issued by the state (such as KHI) does not have a negotiating nature and is final. Furthermore, alternatives for consideration of minimizing harm and taking the path to benefit are taken from the legal propositions of Fiqh.