DAMPAK YURIDIS SUMPAH LI`AN BERDASARKAN HUKUM ISLAM DAN HUKUM POSITIF

The process of building a household life, of course, there are many trials that arise, not a few of these trials result in a marriage relationship that has been built for years to end in court. Referring to various sources of Islamic law, there are several forms of divorce, namely: talaq, khulu`, fasakh, `ila`, li`an, zhihar, and nusyuz. When we look at the rules about marriage in the Compilation of Islamic Law (KHI), through section 116 KHI explained, that one of the causes of divorce is the existence of adultery committed by one of the parties from both husband and wife. In the event that a divorce is carried out because of adultery and then it is resolved by means of a li`an, then there are other legal consequences that will be borne by the parties, namely husband and wife and even children of both of them are affected. In this study, researchers used the library research method. The results of the research on the legal impact of the li’an Oath on wives and children according to Islamic law; husband is free from the threat of had qadzaf,adultery that the husband accuses his wife of is right, lineage of the child the wife was carrying was only related to the mother, the wife is free from the threat of adultery, li`an caused the marriage to break up forever. Meanwhile, according to positive law; li`an caused the marriage to break up forever, lineage of the child the wife was carrying was only related to the mother, and for the husband there is no obligation to provide a living.

KONSTITUSIONALITAS POLIgAMI DALAM PERSPEKTIF HERMENEUTIKA HUKUM ISLAM DI INDONESIA

The polemic of polygamy that is still being contested in Indonesia needs to be studied from the perspective of hermeneutics of Islamic law, its constitutionality, such as how Pancasila guarantees the practice of polygamy, and also in laws and regulations whose substance also regulates polygamy. The research method used in this study is a normative juridical method with a doctrinal approach. The purpose of this study is to determine the constitutionality of polygamy when examined from the hermeneutic perspective of Islamic law in Indonesia. The results showed that the First Principle of Pancasila, Article 29 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, the Marriage Law and its implementing regulations, as well as the various views of the schools allow the practice of polygamy in Indonesia.

HEGEMONI PLURALITAS HUKUM TERHADAP UU NO. 01 TAHUN 1974 (Studi Supremasi dan Legalitas Hukum Perkawinan di Indonesia)

Legal plurality is an indisputable part of the concept of Indonesian statehood, including the construction of marriage law. The pluralism of marriage law in Law No. 01 of 1974 is proof that the marriage law adhered to in the Indonesian legal system still refers to the pluralism and diversity system. This research will examine the plurality of marriage law from the legality aspect which has implications for its legal status, between imperative and facultative. This study uses a statute approach with an emphasis on the concept of law and legal legislation. This research concludes that the plurality of kwainan law in Law Number 01 of 1974 is a necessity in a multicultural country, because the existence of this law aims to accommodate and integrate existing laws on this Bhineka earth.

KESETARAAN BATAS USIA PERKAWINAN DI INDONESIA DARI PERSPEKTIF HUKUM ISLAM

In principle, the limitation of age of marriage for citizens is intended so that the couple who are getting married are expected to have adequate maturity in thinking, maturity of mental and physical strength. The minimum age limit for marriage has been regulated in statutory regulations and the Compilation of Islamic Laws, however, there are still inequalities with the stipulated age limit. The inception of Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning Marriage stipulates that the minimum age of marriage for women is equal to the minimum age of marriage for men, which is 19 (nineteen) years. It is hoped that the implementation of this provision will be an answer to public unrest. This research is a normative juridical legal research conducted by examining library materials or primary legal materials. The research specification used in this study is a descriptive analytical method that is related to the equality of age limit of marriage in the perspective of Islamic law, then the conclusion is drawn using the deductive method where the regulation regarding the minimum age limit of marriage in Law Number 16 of 2019 concerning Amendments to the Law Law Number 1 of 1974 concerning Marriage, can also be considered good and safe because it has exceeded the age limit of adulthood by Islamic jurists and does not conflict with Indonesian law and human rights and can realize the goal of marriage properly without ending in divorce and procreation healthy and high quality.

ANALISA TERHADAP KONSEP NAFKAH TERHADAP KETAHANAN PANGAN KELUARGA ISLAM ATAS WABAH COVID-19 DI KELURAHAN TINALAN KOTA KEDIRI (DITINJAU DARI MAQASHIDI SYARIAH PERSPEKTIF AL-SYATIBI)

The world is in a significant economic crisis in various countries caused by the emergence of the 2019-nCoV (Novel Coronavirus).This pandemic not only attacking human lives also caused a crisis in the country’s economy.This can be seen significantly in household life, especially in Tinalan Village which in fact is positively affected by corona.The government’s regulation on the handling of the 2019-nCoV is the implementation of the PSBB (Large-Scale Social Restrictions), directly demands that all community activities be recommended to be implemented in the home.Thus, with the emergence of the 2019-nCoV is hampering the regional economy as well as the household economy, one of them is household food security.This is factored by monthly income, family members, and monthly expenses in one house.This study will examine how the concept of living on food security of Islamic families sees the phenomenon of the Covid-19, specifically by the Islamic family of Tinalan Village, Kediri city by reviewing from the sharia maqashidi al-Syatibi perspective. A total of 160 respondents were selected as research samples in March to May 2020 to be reviewed according to the context of the study. The people of Tinalan Village understand this situation, so they adapt to the governance of their household spending expenditures.This is in accordance with the principles of marriage prescribed by Islam and reaffirmed in al-Syatibi’s maqashidi shari’ah.

الإفتاء بالتيسير للأقليات المسلمة في الأحوال الشخصية

The muslim minorities in non-muslim countries face many problems. The most important of which are religious problems. They want to deal with non-muslims, without taking away their islamic personality. They are in dire need of a fatwa that is easy and tolerant, away from narrowing and embarrassment. Contemporary scholars, especially syekh yusuf qaradhawi, respond this need, and issue fatwas, which are easy and tolerant. The research aims to clarify the principle of facilitation in the fatwas of contemporary scholars with regard to muslim minorities in the field of personal status, and the suitability of this principle to the principle of facilitation in islamic jurisprudence. The character of the research is a descriptive, analytical, and critical. The researcher concludes that the scholars adhered to the principle of facilitation in their fatwas for muslim minorities, in the field of personal status. And the best testimony to that is the fact that they have stated that it is permissible for a woman to remain with her non-muslim husband, and that they are allowed to legalize the inheritance of a non-muslim. The facilitation adopted by them is commensurate with the facilitation of islamic jurisprudence, its principles and purposes, because it stands on the principle of taking into account of necessity, need, license, rule of origin, and changing the ruling by changing its cause.

PERSEPSI KAFA’AH DALAM PERKAWINAN MENURUT MASYARAKAT PETOK KEC. MOJO KAB. KEDIRI DITINJAU DARI HUKUM ISLAM

One of the steps to form compatibility in the family is mutual harmony or kafa’ah, a certain step to form a sakinah mawaddah wa rahmah family. The results of this study explain in the community of petok village, located in mojo subdistrict kediri regency, most of them really paying attention to and carry out kafa’ah in a marriage. In practice, there are those who prioritize kafa’ah in religion, however some people consider the concept of kafa’ah to be irrelevant, who rely on consensual elements as the basis for the marriages of their sons and daughters. A few of them put forward kafa’ah in terms of materials or prosperity. Most of the population of the petok village practice kafa’ah with one kufu in terms of religion, according to the madzabs of malikiyah, hanaafiyah, shafi’iyah and hanbaliyah, who agree that the implementation of kafa’ah is good. Meanwhile, the practice of kafa’ah in a small part of petok villagers who emphasizes kufu in material / financial terms, according to the malikiyah and syafi’iyah, is not justified, while according to others, hanafiyah and hanbaliyah, it does not fulfill other kafa’ah elements. Thus, the implementing part of consensual is not found in the concept of kafa’ah in islamic law.

PERAN KELUARGA DALAM MEWUJUDKAN TAKAFUL IJTIMA'I ( Studi Kajian Hukum Keluarga dan Ekonomi Islam)

as the smallest institution in society, the family has the potential for enormous influence on common prosperity. This is closely related to the function of the family as a container for the formation of quality human resources. If accordingly mentioned, then for the first step, every family must pay attention to the welfare of their own families afterwards to take a pay attention to other families in the surrounding environment. This attention is none other than the form of mu'amalah which is based on a sense of mutual assistance. Therefore, it is only natural that all components of society are obliged to build the welfare of their respective families. This is implemented in order to create a social balance in the form of welfare. Focus point in this study of the writer lies on the role of the family to realize the balance of welfare, especially in the economic field, through the concept of takaful. This research was conducted using qualitative-descriptive methods that contain primary and secondary data about family welfare and takaful which can be applied as a whole to the community sector. theory development in this study uses the theory of construction where the role of the deconstruction of family welfare can realize takaful ijtima'i.

KONSEPSI IMAM SYAFI’I TENTANG ITTIHADUL MAJLIS DALAM AKAD NIKAH

Marriage is a basic principle for society to continuoing social life or household life, legal descendants and the destruction of man and women desires. A new couple marriage meets and hope their marriage will be harmonious. One of the pillars of marriage is shighat (ijab and qabul), which must be ittihadul majlis (united in seats or majlis) on syafi’i school. The ulama are relatively different in providing concepts / opinions about this matter. Therefore, there needs to be a positive answer, what is the concept / opinion of imam syafi’i. Regarding the legal status of ittihadul majlis in the akad marriage, considering that the implementation of this in the community is still relatively large on a shafi’i madzhab.

PERAN KANTOR URUSAN AGAMA DALAM MEMINIMALISIR PERNIKAHAN DINI (STUDI DI KECAMATAN PONGGOK KABUPATEN BLITAR)

Amendments to law no. 16 of 2019 concerning changes to the provisions for the age limit of marriage, which were originally stipulated in the 1974 law article 7 paragraph 1 for women at least 16 years old and 19 years old for men to marry has now changed to 19 years for men. And women. The office of religious affairs in ponggok district has implemented a marriage age limit in accordance with law no. 16 of 2019, which is 19 years for men and women, however the impact of this has resulted in an increase in potential partners who are still underage. This is influenced by the prospective couples who are already pregnant and some of them are sure to get married and have the blessing of their parents. The efforts made by the ponggok district kua in minimizing early marriage in its working area are by providing insight into the consequences of early marriage and providing information on the latest law on community social activities such as yasinan and tahlilan. The purpose of this study was to determine the role and efforts of the office of religious affairs in ponggok district in minimizing early marriage after the amendment of law no.16 of 2019. In this study the approach used was a qualitative research method. This study uses primary data, namely the interviewer meets directly with the source. Qualitative research is research that intends to understand the phenomena experienced by research subjects. From this research it is known that the kua of ponggok sub-district also plays an important role in minimizing early marriage, which is playing a role in administrative matters such as checking the requirements for a prospective partner to marry, if the age is not sufficient then the kua will reject.