Al-Manhaj: Journal of Indonesian Islamic Family Law

Pemenuhan Hak Anak yang Menikah Pada Usia Dini di Desa Datar Kecamatan Dayeuhluhur Kabupaten Cilacap

Jihan Amalia Syahidah — Sun, 30 Jun 2024 00:00:00 +0700

This article focuses on studies regarding including child rights for married couples at an early age by analyzing them based on Law Number 26 of 2019 concerning marriage, Law No. 35 of 2014 concerning child protection, Law Number 39 of 2009 concerning Human Rights, Islamic views and is linked to government policies to guarantee children's rights. This research is a qualitative descriptive study, primary data was obtained from observation, in-depth interviews with several informants, and documentation. The focus of the problem in the article is on how to provide rights for children who marry at an early age in Datar Village, Dayeuhluhur District, and how the government participates in realizing the rights of children who marry at an early age. This article shows that children's rights in Datar village have not been implemented properly due to several obstacles, namely psychological, cultural, and regulatory barriers. The role of the Cilacap Regency government is realized by making regional regulation Number 2 of 2022 concerning KLA or Child-Friendly Regency and the formation of a KLA task force to create a Cilacap Regency that protects and supports educating children's rights, especially for those who are married at an early age.

Dominasi Istri dalam Rumah Tangga dalam Masyarakat Bebidas Kecamatan Wanasaba Lombok Timur

Diannika Wahyu Hidayah, Muhammad Arifin Badri — Sun, 30 Jun 2024 00:00:00 +0700

Saying 'husbands are afraid of their wives' is no longer a taboo, both in cyberspace and everyday social life. This study aims to analyze the husband's fear of his wife in the community of Bebidas village, East Lombok, the implications that can be caused to household harmony, as well as knowing the rights and obligations of husband and wife in Islam. this research uses a Qualitative approach with the type of case study. The results showed that the phenomenon of husbands being afraid of their wives in Bebidas village community is only a mere assumption. However, this statement needs to be re-analyzed, because sometimes husbands are too proud to admit it, this can be caused by several factors including the dominance of patriarchal culture. The implications of husbands being afraid of their wives are domestic stress, reduced harmony, leading to divorce and the breakdown of the relationship between parents and children. Meanwhile, the rights and obligations of husband and wife in Islam include the rights and obligations of the husband, the rights and obligations of the wife and joint rights as husband and wife.

Mîtsâqan Ghalîzan: Kajian Tafsir Ayat Al-Qur'an dan Hadis tentang Pernikahan

Asra Nur Hasanah — Sun, 30 Jun 2024 00:00:00 +0700

Marriage in Islam is a mîtsâqan ghalîzan (a firm bond). However, in reality, marriage is often faced with various problems. This study aims to examine or explore the concept of mîtsâqan ghalîzan in marriage based on the interpretation of verses of the Qur'an and hadith, and analyze its implications for contemporary problems faced. The method used is a literature study. The results of this study explain that the importance of the concept of marriage, mîtsâqan ghalîzan in marriage as interpreted by the mufassirs. Furthermore, there is something interesting, namely, mîtsâqan ghalîzan which is associated with the existence of contemporary problems in marriage, but also provides guidance in responding to it.

Kinerja KUA dalam Pencatatan Perkawinan Sejenis

Syaidatur Rosidah Alawiyah, Khofifah Lutfia Effendi, Zakiyatul Ulya — Sun, 30 Jun 2024 00:00:00 +0700

This paper is motivated by the emergence of news of same-sex marriages that are officially registered at the KUA, causing pros and cons in the community. This study aims to determine the effectiveness of the KUA's role in the practice of recording same-sex marriage in terms of Lawrence M. Friedman's theory of legal effectiveness. This research uses a qualitative approach and data collection using documentation techniques. The results showed that the role of the KUA was not effective according to the theory of legal effectiveness by Friedman M. Lawrence, because the elements of legal culture and legal structure could not run optimally. In the implementation of this legal structure, there is an element of negligence committed by the KUA in carrying out its duties as an authorized institution to carry out marriage registration, which in this case is evidenced by the non-optimal implementation of the document examination stage which results in the recording of same-sex marriages. Meanwhile, in legal culture, the perpetrators have a low level of legal awareness. This is evidenced by their actions to falsify their identity in order to realize their personal desires which are not in accordance with legal and social norms in Indonesia.)

Analisis Pergeseran Makna dan Esensi dalam Pemberian Amplop pada Walimatul Urs di Desa Sokolelah Kadur Pamekasan

Kutsiyatur Rahmah — Sun, 30 Jun 2024 00:00:00 +0700

Giving money in an envelope during walimatul urs is a tradition practiced by the people of Sokolelah village. However, although giving envelopes has become a tradition, the majority of the people of Sokolelah village object to it, because for them the walimatul urs event is a form of gratitude for the bride and groom and should share with neighbors and relatives. With the giving of envelopes at the walimatul urs event, there is no difference between walimatul urs and what is called a reception. This research uses normative - empirical method withfield research. From the results of the research the author can conclude that the implementation of walimatul urs carried out by the people of Sokolelah village has experienced a shift in meaning and essence. While the review in Islamic law walimatul urs with the giving of envelopes is permissible because the giving of envelopes at the walimatul urs event can be said to be a gift or grant to the organizer of the event.

Rekonstruksi Nilai Kearifan Lokal dalam Sistem Kewarisan Adat Perspektif Hukum Islam pada Masyarakat Sumenep Madura

Busairi, Khalilullah — Sun, 30 Jun 2024 00:00:00 +0700

This study examines the system of distribution of inheritance property in the Sumenep-Madura community through two focus research problems: first, how the system of distribution of inheritance property in the Sumenep Madura community? Second, how does Islamic law view the division of inheritance property in the Sumenep-Madura community? As an analytical material, this research uses the theory of Hazairin's concept of inheritance. There are two findings in this study: first, the division of inheritance in Madura through individual inheritance system and the division of inheritance through majorate inheritance system; second, in Hazairin's view, the inheritance system applied to the Sumenep community is in accordance with the spirit of Islamic law, namely the Quran. The division of inheritance property in the community in Madura, distributed in various systems of inheritance, not only with the system of Islamic law (fiqh) but also based on the system of customary inheritance law or custom. This customary inheritance law system is the most widely applied because it is considered more in accordance with the values of custom and tradition of the community.