Al-Manhaj: Journal of Indonesian Islamic Family Law

Judicial Mediation: Is Reconciliation Impossible in Divorce Cases?

Syaikhu, Sabarudin Ahmad; Muhammad Luthfi Setiarno Putera — Wed, 27 Dec 2023 08:45:03 +0700

Judicial mediation attempts to realize the principle of peace in civil cases, however, in its implementation in religious courts there is still minimal success in producing peace agreements, especially in divorce cases. This research aims to analyze whether it is impossible to reconcile the parties in a divorce case through judicial mediation. This research is empirical legal research with a case approach. The data collection methods involve observation, interviews, and documentation. These data are then validated using the triangulation method. After data validation, the next step is to analyze using an analytical method using the theory of legal objectives. Research findings show that successful mediation in divorce cases is not impossible, it's just that divorce cases are very difficult to reconcile, because the parties who submit divorce cases to court usually have reached the climax of domestic problems, and some have not lived together for a long time.

Perhitungan Weton, Tradisi, Pernikahan, Hukum Islam

Trio Meinarsono HS, Abdain — Sat, 30 Dec 2023 00:00:00 +0700

This study aims to determine the tradition of calculating weton as the determination of the wedding day in Javanese society in terms of Islamic law. This research is an empirical normative research approach, namely by conducting research in practice in the field. The research data was generated through interviews. The results of the study show that the tradition of calculating the weton in determining the auspicious day of marriage in Wonorejo Village, which is calculated before the application is intended to determine the suitability of the prospective husband and wife. The calculation of the weton becomes the final benchmark as a determinant of good and bad days at marriage by looking for compatibility or equality of the number of days based on the traditions of the surrounding community. Then the view of the community in carrying out the weton tradition is that there is no compulsion or obligation to follow this tradition, for those who do not want to follow it do not it's okay if you don't use the weton tradition because it goes back to the beliefs of each person. Furthermore, the view of the religious shop is that the weton tradition is permissible, as long as it does not conflict with religious norms. However, if in the weton tradition there are violations against religion, let alone leading to siltation and confusion of faith, then this is not permissible

Nyalep Narjhe Wedding Tradition in Bindang Village, Pasean District, Pamekasan Regency

Hanafi — Sun, 31 Dec 2023 00:00:00 +0700

Marriages between indigenous peoples with one another, between one tribe with another, between Muslims with one another, as well as there are differences in urban and village marriage customs. Customs that have become customary law will be more difficult and stronger because violations of them will meet a sanction according to the regulations that are enforced and obeyed in society, from here the custom is not just an ancestral heritage but becomes a rule that must be obeyed as happened in Bindang Village, Pasean District, Pamekasan Regency, it is forbidden for a younger brother to get married before his older sister, even though the younger brother is physically and mentally ready to marry. This is not allowed, because if this happens according to the prevailing belief and it is believed that a disaster will occur to the household that will be fostered and the family, especially the older brother he is stepping on. The results of the study were to prove whether the customs regarding the marriage of Nyalep Narjhê (preceding his older sister) in Bindang Village, Pasean District, Pamekasan Regency did not conflict with the actual demands and teachings of Islam, and whether it was considered fair for a younger sister who would marry first to crawl under a brother three times, so that this is no longer a continuous dark history.

Kontekstualisasi Hadis Hak Ijbar dalam Perjodohan di Indonesia

Theadora Rahmawati, Zakiyuddin Abdul Adhim — Sun, 31 Dec 2023 00:00:00 +0700

This article focuses on the study of the right of ijbar for marriage guardians in arranged marriages referring to the right of women to choose their own life partners with cultural, social and religious perspectives. This research is a library research with literature sources using books, and related journals. It is descriptive-analytical in nature by describing ijbar rights in marriage and contextualized traditions. The formulation of the problem is first, the contextualization of the traditions regarding the mujbir guardian in Indonesia. Second, the factors behind arranged marriage in Indonesia. As a result, the contextualization of the authority of the right of ijbar given to the guardian to his daughter is a form of assistance and responsibility of parents to the child so that the child's household life becomes harmonious. In addition, it does not plunge children into parental choices that lead to mischief. Factors behind the occurrence of arranged marriage. First, Internal factors such as difficulties in finding a matchmaking partner Second, external factors, namely: social culture, religious understanding.)

Tingginya Angka Cerai Gugat di Kabupaten Sumenep & Dampaknya bagi Anak

Sofia Mubarokah Sa'bana, Rusdiana Navlia — Sun, 31 Dec 2023 00:00:00 +0700

The background of this research is the divorce factor, where the problems are not always caused by the wife, such as the husband's infidelity, household neglect and domestic violence, economic factors and and other factors. Conflict is a natural thing when both parties are willing to give in and can understand by taking the positive side, but if the conflict is allowed to continue it will have a negative impact which will ultimately lead to divorce. Divorce itself has a huge impact on children's development. This field research used a case study approach carried out at the Sumenep Religious Court. The results of this research are that the most dominant factor in filing for divorce at the Sumenep Religious Court is due to ongoing disputes caused by economics, abandonment of one party (neglect), and domestic violence.