Jurnal Hukum, Pemikiran dan Keislaman ISSN Online : 2614-0969
Program Studi Hukum Keluarga Islam Universitas Wahidiyah
OPTIMALISASI MEDIASI SEBAGAI INSTRUMEN PENCEGAHAN PERCERAIAN DI PENGADILAN AGAMA
The high divorce rate handled by Religious Courts indicates that the mechanism for resolving marital disputes through litigation has not been fully capable of maintaining the integrity of the household. Mediation, as a mandatory instrument in the litigation process based on Supreme Court Regulation Number 1 of 2016, is expected to play a role in preventing divorce through a deliberation and peace approach. This article aims to normatively examine the role of mediation in preventing divorce in Religious Courts and formulate efforts to optimize it. This research is a normative legal study with a statutory and conceptual approach. The results of the study indicate that normatively, mediation has a strategic position as an instrument for preventing divorce, but in practice it still faces various obstacles such as procedural formalities, limited mediator competence, and low good faith from the parties. Therefore, optimization of mediation is necessary by strengthening the quality of mediators, a substantive approach in the mediation process, and the integration of the values ​​of justice and welfare in the resolution of divorce cases.
Mediation, Divorce Prevention, Religious Courts, Supreme Court Regulation (PERMA).
Copyright (c) 2026 AL MUNAZHZHARAH https://creativecommons.org/licenses/by-nc-sa/4.0
PENGGUNAAN BAHAN KIMIA DALAM PERSPEKTIF MAQĀṢID AL-SYARĪ‘AH: ANALISIS HUKUM ISLAM TERHADAP PRINSIP KEAMANAN DAN KEMASLAHATAN
This study examines the use of chemical substances from the perspective of *maqāṣid al-sharī‘ah*, focusing on the principles of safety (*ḥifẓ al-nafs*, protection of life) and public welfare (*maṣlaḥah*). The rapid expansion of chemical utilization in industry, education, and daily life has generated ethical and legal challenges, particularly concerning potential risks to human health and the environment. This research employs a normative legal approach through a comprehensive literature review of primary sources of Islamic law (the Qur’an, Sunnah, ijmā‘, and qiyās), as well as contemporary fiqh studies and maqāṣid theory as the main analytical framework. The findings indicate that Islamic law strongly mandates the protection of life and the promotion of human welfare through the principle of *lā ḍarar wa lā ḍirār* (no harm and no reciprocating harm) and the application of *sadd al-dharā’i‘* (blocking the means to harm) in regulating hazardous chemical practices. The maqāṣid approach provides a normative foundation requiring that any use of chemical substances must fulfill criteria of safety, benefit, and the prevention of significant harm. In the context of modern regulation and practice, maqāṣid principles can serve as ethical and legal guidelines for evaluating policies related to the production, distribution, and utilization of chemical substances. This study contributes to an integrative understanding between science and Islamic law while offering practical recommendations for policymakers, educators, and practitioners from a sharī‘ah perspective. The implications of this research are relevant to the development of regulatory frameworks oriented toward the protection of human life and environmental sustainability.
Maqāṣid al-Sharī‘ah, Islamic Law, Chemical Substances, Safety, Public Welfare
ANALISIS FAKTOR KEGAGALAN MEDIATOR DALAM MENDAMAIKAN PERKARA SENGKETA WARIS DI PENGADILAN AGAMA KABUPATEN KEDIRI
In family life, when dividing inhertance, problems often arise and if the proble cannot be resolved because it is quite complicated, it is done in the religious court. And if the matter reaches the religious court then it must go through mediation so that the inheritance dispute does not drug on, wich is done by the mediator, often the mediator here fails to reconcile a case.The aim of this research is to analyze the process carried out by mediators in resolving dispute cases and analyze the factors of failure of mediators in the Kediri Regency Religius Court. The type of research carried out by the author is research using empirical legal research methods, where research is intended to use empirical facts by conducting interviews to obtain the required data. The approach to research uses a legal sociological approach that analyzes reactions and interactions when legal nomrs operate in society. There are two supporting data in the research which include primary research data and secondary research data with data collection and documentation techniques, then the data is analyzed using the stages of data reduction, data validation, data classification and data analysis. This research concludes that the mediation process in the Kediri Regency Religious Court is in accordance with Perma No. 1 of 2016. Starting from the pre-mediation process to the mediation results. Meanwhile, the factors that influence the failure of mediation at the Kediri Regency Religious Court consist of court factors, the lack of certified mediators. Furthermore, there are factors from the mediator, namely the lack of skills of the mediator in reconciling cases, communication that is less effective and the mediator's opinion is not listened to by the parties involved in the case and then there are factors from the parties where there is language that makes the defendant offended, andthere is a desire to power of the plaintiff to control the inheritance.
INTERPRETASI KUA KECAMATAN PESANTREN KOTA KEDIRI TERHADAP KHI TENTANG WAKIL AKAD NIKAH BAGI MEMPELAI PRIA
In this modern era, a lot of marriage problems occur in society, for example, concerning the representation of the congregation in the marriage academy. In this case, the problem of the absence of the bridegroom in the marriage ceremony has been raised so that it is assumed that the execution of such marriage cannot be said to be valid, whereas the issue of the representation of the married man is not in the presence of the husband directly but in the distance from which the husband is considered to be present by giving written authority to the other man to be a representative in the wedding ceremony. This study aims to analyze in depth the relationship between marriage and marriage represented in the University of Pennsylvania and this study also aims at analyzing the interpretation of the university of California. This study is an empirical jurisprudence that uses data collection methods through observations, interviews, and documentation. A sociological approach is used to study the conditions of society related to KUA's interpretation of the practices of the bride's marriage represented by the man. This research produces two types of data, namely primary data obtained directly from its source and secondary data gained by searching for references relevant to the problem being studied, with data analysis techniques using data reduction, data validation, data clarification, and data analysis. The practise of the wedding of the bridegroom is represented in the wedding ceremony, although the distinction in this ceremony is that in terms of the celebration of the marriage because the bride is prevented from attending the ceremony there is a word represented depending on the needs and conditions encountered, in this case there are no rules that regulate it explicitly. The KUA's interpretation of the representative of the bride's wedding is that there is a letter of recommendation from local officials such as the village secretary, it is intended to give validation against the second case of the groom, then the wedding must have a certificate of authority from the bridegroom officially as well as a stamp from the local official and the signature of the man's bride at the merit of 10,000.
UPAYA PASANGAN PERNIKAHAN DINI DALAM MEMBENTUK KELUARGA SAKINAH(Studi di Kelurahan Bangselok, Kecamatan Kota Sumenep)
Early marriage is a bond between a man and a woman who are not yet physiologically or psychologically ready. The aim of marriage is to create a sakinah family. For this reason, this research aims to find out the background of early marriage and the efforts of early married couples in creating a sakinah family in Bangselok Village, Sumenep Regency. This research is empirical juridical research, data collection methods through observation, interviews and documentation. A sociological approach is used to study societal conditions related to the efforts of early married couples to form a sakinah family. This research produces two types of data, namely primary data obtained directly from the source and secondary data obtained by searching for relevant references. The results of this research show: 1) The background to early marriage in Bangselok village is caused by several factors, including: first, personal desire to marry early second, low level of education for both parents and children and third, the cultural influence of the community environment. The fourth is parental encouragement, and the fifth is a feeling of mutual compatibility that encourages couples to marry without considering age, the sixth is a factor in the low economy of society. 2) The efforts made by early marriage families in Bangselok Village to achieve a sakinah family include understanding each other between husband and wife, accepting each other's shortcomings, cultivating a sense of love, and working together to create a life together and adapting to each other. It can be concluded that the background to early marriage in Bangselok Village is triggered by several factors, 1) Personal desires, 2) Encouragement by both parents, 3) Feelings of mutual compatibility, 4) Low level of education 5) Low economic condition of the community, 6) Cultural influences, especially in Bangselok village, Sumenep district. The efforts made are: Understanding each other, accepting each other's shortcomings, cultivating a sense of love, playing a mutual role in creating a life together and adapting to each other.
ANALISIS HADHANAH DARI ORANG TUA KEPADA DAY CARE DI TK PLUS WAHIDIYAH PERSPEKTIF HUKUM ISLAM(Studi di TK Plus Wahidiyah Kota Kediri)
Children under five still need optimal care to support their growth and development, for parents who have other activities such as work, care efforts have not been carried out optimally. There are alternatives to parenting for parents to provide children with rights that can support their growth and development. Day Care is a replacement and supplementary caregiving program. Researchers are interested in conducting research regarding the transfer of child custody to Day Care because researchers see that when child care needs are met, workers or parents can automatically carry out their profession with professionals which then has an impact on family welfare.This research aims to analyze the transfer of hadhanah from parents to Day Care at TK Plus Wahidiyah from an Islamic legal perspective, the reasons parents entrust their children to the Day Care program at TK Plus Wahidiyah, and to analyze the transfer of hadhanah from parents to Day Care at TK Plus Wahidiyah perspective. Islamic law.The research used is empirical legal research with a sociological approach. Meanwhile, the data collection techniques were through interviews, observations and documentation studies by interviewing the head of the kindergarten institution, several Day Care caregivers, and several guardians of Wahidiyah Day Care students in Kediri City. The data analysis is through data reduction, data validation, data classification and data analysis.The results of the research show that the reasons why parents entrust their children to Wahidiyah Day Care are the parents' busy schedule at work, the good educational and development support provided by Wahidiyah Day Care, the guaranteed comfort and safety of Wahidiyah Day Care, the social interaction that children get from meeting friends. new to Day Care, as well as the economic factors of parents who prefer to entrust their children to Day Care rather than buying baby sitter services and the transfer of hadhanah at Day Care Wahidiyah is in accordance with applicable Islamic law where the transfer of hadhanah today is based on the transfer of hadhanah in ancient times, such as during the time of the Prophet Muhammad.
REKONSTRUKSI RELASI PRESIDEN DAN DEWAN PERWAKILAN RAKYAT DALAM SISTEM PRESIDENSIAL DI INDONESIA
Reconstructing the relationship between the President and the House of Representatives (DPR) is an urgent need in Indonesia's presidential system, given the growing problems of hybridization of the government system, excessive legislative dominance, transactional politics and large coalitions in parliament, and the blurring of constitutional authority boundaries that significantly weaken the principle of checks and balances, government effectiveness, and the quality of democracy. This study analyzes the obstacles to the President-DPR relationship caused by transactional politics and formulates a legal reconstruction to strengthen the limits of constitutional authority. This study uses a normative juridical research type. This study shows that the multiparty presidential system in Indonesia affects the effectiveness of the President's leadership through party fragmentation and pragmatic coalitions that limit executive autonomy in the cabinet, legislation, and strategic decisions. Unstable coalitions weaken government performance, slow down legislation, and obscure DPR oversight, even though they encourage inclusive and consensual leadership. Unstable coalitions weaken government performance, slow legislation, and obscure oversight by the House of Representatives (DPR), even though they promote inclusive and consensual leadership. The ideal relationship between the President and the DPR should be based on effective checks and balances, with equal standing and mutual oversight functions in legislation, budgeting, and oversight. The DPR is required to be independent and oriented towards the public interest. Strengthening institutional capacity, substantive accountability, transparency, and a constitutional political culture are necessary to ensure government stability and presidential democracy. In conclusion, a multiparty presidential system limits the President's effectiveness due to party fragmentation and coalition dependence; the ideal relationship between the President and the DPR requires strong checks and balances and accountability.
Integrasi Mediasi dan Hakam sebagai Solusi Efektif dalam Penyelesaian Perkara Perceraian Syiqaq
Al-Syiqaq yakni perselisihan yang mendalam antara suami istri merupakan salah satu alasan utama terjadinya perceraian dalam rumah tangga. Di mana kondisi tidak harmonis antara suami dan istri berlanjut meskipun keduanya masih dalam ikatan perkawinan. Penyelesaian perkara perceraian dengan alasan al-syiqaq sering kali memerlukan pendekatan yang lebih terpadu, yang tidak hanya mengandalkan putusan hakim semata. Dalam konteks ini, tidak hanya mediasi saja yang harus digunakan tetapi juga hakam menjadi pendekatan dalam menyelesaikan perkara tersebut. hal ini menjadi dua pendekatan yang sangat relevan untuk menyelesaikan konflik rumah tangga secara efektif. Mediasi berperan sebagai upaya untuk mempertemukan suami dan istri yang berselisih melalui pihak ketiga yang netral, sedangkan hakam berfungsi sebagai pihak yang memberikan nasihat atau keputusan berdasarkan prinsip hukum Islam untuk mencapai solusi adil. Penelitian ini bertujuan untuk mengeksplorasi peran integrasi mediasi dan hakam dalam menyelesaikan perkara perceraian dengan alasan al-syiqaq di Pengadilan Agama. Melalui mediasi, pasangan yang berselisih diberikan kesempatan untuk berdialog dan menyelesaikan masalah mereka secara damai, sedangkan hakam memberikan dasar hukum dan spiritual yang memperkuat hasil mediasi. Akan tetapi mediasi dan hakam memiliki fungsi yang sama yakni mendamaikan kedua belah pihak yang berperkara. Sehingga tidak sesuai dengan prinip yang mana berjalan secara sederhana, cepat dan biaya ringan. Tetapi disisi lain mejai Integrasi kedua pendekatan ini upaya untuk menyederhankan mekanisme perdamaian pada perkara perceraian dengan alasan syiqaq diharapkan dapat mengurangi angka perceraian di Indonesia dengan memberikan solusi yang lebih berimbang dan memperhatikan kepentingan kedua belah pihak. Penelitian ini diharapkan dengan implementasi yang efektif dan efisiensi kedua metode ini dapat mengurangi terjadinya perceraian, serta membantu membangun kembali keharmonisan dalam rumah tangga.
Copyright (c) 2025 AL MUNAZHZHARAH https://creativecommons.org/licenses/by-nc-sa/4.0
PROBLEMATIKA E-COURT PERSPEKTIF ASAS SEDERHANA CEPAT DAN BIAYA RINGAN STUDI DI PENGADILAN AGAMA KABUPATEN KEDIRI
An effective and efficient judicial system is needed in connection with the increasing number of cases that enter the religious courts every year. E-Court is presented as an innovation to improve the judicial administration process by utilizing information technology in accordance with Supreme Court Regulation No. 7 of 2022. The purpose of this study is to find out and analyze the e-Court process in the Kediri Regency Religious Court and analyze the e-Court problem from the perspective of simple, fast, and low-cost principles. The type of research used by the author is empirical legal research. The results of the study show that the e-Court process at the Kediri Regency Religious Court starts from the e-Filling, e-Payment, e-Summons, to the e-Litigation stage. However, its implementation still faces various obstacles such as the lack of public understanding of the e-Court system and information technology, as well as technical and human resource constraints. The conclusion of this study shows that the e-Court process at the Kediri Regency Religious Court is in accordance with PERMA No. 7 of 2022 and KMA Decree No. 122/KMA/SK/VII/2018. And systemically, the e-Court at the Kediri Regency Religious Court has met the principles of simplicity, fast, and low cost. However, because the community has not been able to use or utilize e-Court to the fullest, this is the main problem that causes these principles to not be achieved.
IMPLEMENTASI CONSERVATOIR BESLAG (SITA JAMINAN) ATAS TANAH PERKARA PEMBATALAN HIBAH DI PENGADILAN AGAMA KABUPATEN KEDIRI( STUDI PUTUSAN NOMOR: 296/PDT.G/2021/PA.KAB.KDR )
Confiscation of bail as protection against objects of dispute within the scope of the Religious Court is a new thing in the case marked by the absence of special regulations governing the confiscation of bail within the Religious Court. One example of the implementation of bail confiscation is the confiscation of bail against the land for cancellation of the grant submitted by the plaintiff with an application for confiscation of bail on the basis of concern for the object of the dispute which is then granted by the judge through interlocutory judgment. This study aims to determine the legal considerations of the Judge and the implementation of the Conservatoir Beslag (confiscation of bail) on the land grant cancellation case in Decision Number 296/Pdt.G/2021/Pa.Kab.kdr. This research is an empirical legal research using the approach method, namely the statutory approach (statue aproach) and the case approach (case approach). The results showed that the judge's considerations in granting the bail application were 1) based on the reasons for filing the bail 2) the judge's non-juridical considerations 3) in accordance with the Law and Regulations. As well as the implementation of bail confiscation guidelines for the implementation of bail confiscation in Supreme Court Circular (SEMA) No.5 of 1975, namely after the panel of judges examined the case by imposing an interlocutory judgment, which then ordered the bailiff of the class 1A Religious Court as the executor in the confiscation of the disputed goods.
OPTIMALISASI PENGELOLAAN ZAKAT PRODUKTIF SEBAGAI SOLUSI KESEJAHTERAAN UMAT (STUDI DI BADAN AMIL ZAKAT NASIONAL KOTA KEDIRI)
In the past, zakat management was confectionary, namely in the form of consumptive zakat, where consumptive distribution was considered less beneficial for a long time. However, currently zakat management has begun to develop, one of which is productive zakat which management like this is seen as being able to improve the welfare of the people because, the distribution of productive zakat is not to be spent but developed. BAZNAS Kediri City is one of the institutions that implements zakat management productively, which is expected to be pursued optimally so that it can prosper the people. This study aims to find out how to optimize productive zakat management in BAZNAS Kediri City. This research is an empirical legal research and uses a sociological approach where this research looks at how productive zakat management exists in BAZNAS Kediri City. From the results of this study, it shows that the form of optimization of productive zakat carried out by BAZNAS Kediri City by providing revolving business capital loan assistance to mustahiq to develop the businesses they have started, by providing this assistance, mustahiq can develop their business so that it leads to independence in terms of economy. Optimization of productive zakat management carried out by BAZNAS Kediri City has been optimally carried out This can be seen from the increase in mustahiq income after getting revolving capital loan assistance. With the provision of capital loans like this can help mustahiq in economic terms.
ANALISIS EFEKTIVITAS UU NO.16 TAHUN 2019 TENTANG PERUBAHAN ATAS UU NO.1 TAHUN 1974 TENTANG PERKAWINAN TERHADAP DISPENSASI NIKAH DI PENGADILAN AGAMA KABUPATEN KEDIRI PERSPEKTIF TEORI EFEKTIVITAS HUKUM
Changes in norms in Law Number 1 of 1974 concerning marriage reach the age limit for marriage; improvement of norms is achieved by increasing the minimum age limit for marriage for women. In this case, the marriage limit for women is equated with the marriage age limit for men, namely 19 years. It is hoped that it will result in a lower birth rate and a lower risk of maternal and child mortality. As well as fulfilling children's rights and giving children as much access to education as possible. After the amendment to the Law, the Religious Courts of Kediri Regency experienced an increase, so the effectiveness of the Law should be questioned. So the writer is interested in studying the application of Law Number 16 of 2019 concerning marriage to the marriage dispensation. The results of research conducted by researchers regarding the effectiveness of Law No. 16 of 2019 concerning changes to Law No. 1 of 1974 concerning marriage on dispensation of marriage at the Religious Court of Kediri Regency were found to be ineffective because applications for dispensation for marriage increased after the renewal of the law related to the age limit for marriage. There are factors causing the ineffectiveness of these regulations in the Kediri Regency Religious Court, namely the lack of outreach to the community and public awareness. There is still an increase in cases of requests for dispensation of marriage. Factors driving the increase in cases of marriage dispensation applications include social media, the environment, pregnancy out of wedlock, and education.
PERLINDUNGAN ANAK HASIL ZINA DALAM PERSPEKTIF HUKUM ISLAM DAN PUTUSAN (MK) NO. 46/PUU-VIII/2010
Due to the development of the times and technology is increasingly sophisticated, there are often things that violate Islamic law, many in Indonesia, there are often cases of adolescent adultery that can cause death and damage light morals in children today. The formulation of the problem of this study is the protection of adulterous children in the perspective of Islamic law, the protection of children resulting from adultery in the perspective of the Constitutional Court (MK) decision No. 46 / PUU-VIII / 2010, and similarities and differences in the protection of adulterous children in the perspective of Islamic law and the decision of the Constitutional Court (MK) No. 46/PUU-VIII/2010. The purpose of this study is to determine the form of protection of adulterous children in the perspective of Islamic law and the decision of the Constitutional Court (MK) No. 46 / PUU-VIII / 2010 and to find out the similarities and differences protection of adulterous children in the perspective of Islamic law and the decision of the Constitutional Court (MK) No. 46/PUU-VIII/2010. The method used in this study is a type of research (Library Research) which is sourced from primary data from the results of analysis of the Qur'an and Hadith related to the protection of children from adultery in perspketif Islamic law and the decision of the Constitutional Court No. 46 / PUU-VIII / 2010, as well as secondary data sources in the form of books, journals, scientific papers aricles and theses through the internet that are related with the problem under study, then the data is analyzed through several stages through data reduction, data analysis, and finally conclusions are drawn. Protection of adulterous children in the perspective of Islamic law, states that children born out of wedlock (adulterous children) have a civil relationship to their mother and their mother's family. This means that children born out of wedlock (adulterous children) cannot get civil rights such as inheritance, guardians, and livelihood, absolutely against the man who fertilizes his mother, even though the man has done "recognition" or has been scientifically and technologically proven as his father. Protection of adulterous children in the perspective of decision (MK) No. 46 / PUU-VIII / 2010 that children resulting from adultery can have a civil relationship not only to their mother and their mother's family, but also to their mother and their mother's family, but also had a civil relationship over the man as his biological father and his father's family. while the difference in the protection of adulterous children, in Islamic law, the child of adultery has a civil relationship with his mother and his mother's family. this means that in civil rights such as inheritance, guardianship, and living, the child from adultery can only get these rights from his mother. Meanwhile, in the decision of the Constitutional Court number 46 / PUU-VIII / 2010 that the adulterous child has a civil relationship with his mother and his mother's family, as well as a man as his biological father that has been proven by science and technology or other legally justified evidence.
Constitutional Court (MK) Decision No. 46/PUU-VIII/2010
KAJIAN YURIDIS TERHADAP HAK ANGKET DEWAN PERWAKILAN RAKYAT DALAM PERSPEKTIF KONSTITUSI
The right of inquiry is a constitutional right of the House of Representatives (DPR) to carry out its supervisory function over the government by investigating the implementation of laws and policies that are important and have broad impact. The legal basis for this right is found in Article 20A paragraph (2) of the 1945 Constitution and Law No. 17 of 2014 (UU MD3), and it is reaffirmed in several Constitutional Court decisions. This right reflects the principle of checks and balances within Indonesia’s presidential system. However, in practice, the right of inquiry is often misused as a political tool by certain factions, thereby obscuring the essence of objective and proportional supervision. Such misuse has the potential to weaken the rule of law, the independence of state institutions, and the stability of democracy. Therefore, it is necessary to strengthen regulations, establish internal supervisory mechanisms within the DPR, and improve the political education of DPR members so that the right of inquiry is exercised professionally and in accordance with the constitution. The role of the media and civil society as external supervisors is also important to ensure transparency and accountability in the implementation process. Thus, the right of inquiry can function effectively as a supervisory instrument that maintains the balance of power, a healthy democracy, and the supremacy of law in Indonesia.
IMPLEMENTASI APLIKASI E-COURT DALAM PERKARA PERCERAIAN DAN RELEVANSINYA DENGAN ASAS SEDERHANA, CEPAT DAN BIAYA RINGAN (STUDI DI PENGADILAN AGAMA KABUPATEN KEDIRI)
Supreme Court Regulation Number 3 of 2018 which is enhanced by Supreme Court Regulation Number 1 of 2019 concerning Electronic Administration of Cases in Court. The existence of a new electronic religious court system presented by the Supreme Court is a change that is expected to make it easier for litigants to settle, especially divorce cases which become the focus of this research. The purpose of this research is to determine and to analyze the implementation of e-court applications in divorce cases and the relevance of e-court application implementation with simple, fast and low-cost principles in the Kediri Regency Religious Court. The type of research conducted by researcher is empirical legal research method, where the research in question uses empirical facts by conducting interviews to obtain the necessary data, the approach uses a sociological legal approach that analyzes reactions and interactions when legal norms run in society. There are two supporting data in the study which include primary data and secondary data with interview and documentation, data collection techniques, then the data is analyzed with stages of data reduction, data validation, data classification and data analysis. From research result, it was explained that the process from trial to reading of the verdict was considered more efficient and ran simpler and faster and from the research data, the implementation of e-court was quite effective because the data from 2020-2022 was quite improved.
RATIO DECIDENDI HAKIM MENETAPKAN HAK HADHANAH ANAK DI BAWAH UMUR KEPADA BAPAKNYA PERSPEKTIF KOMPILASI HUKUM ISLAM (STUDI PUTUSAN NO. 2531/PDT.G/2021/PA.KAB.KDR.)
Ratio Decidendi Judges Establish Hadhanah Rights of Minors to Their Fathers Perspective of Compilation of Islamic Law (Decision Study No. 2531/Pdt.G/PA/Kab.Kdr). Describe what is the ratio decidendi the judge determines the hadhanah rights of minors to their fathers in decision no. 2531/Pdt.G/2021/PA.Kab.Kdr, and what is the ratio decidendi of judges in deciding the hadhanah rights of minors to their fathers from the Perspective of Compilation of Islamic Law. The type of research used is qualitative research, in which the researcher is directly involved in the field or research location at the Religious Court of Kediri Regency, with the object of this research being judges at the Religious Court of Kediri Regency, who were interviewed regarding their opinion about the hadhanah case as a whole and their opinion about their decision regarding the case of Hadhanah Rights for minors fell to the father with Case Number 2531/Pdt.G/2021/PA.Kab.Kdr. The method used is the purposive sample method, with interview and documentation data collection techniques and then analyzed by combining and interpreting facts related to the judge's decision in the hadhanah case as a whole and the decision made by the judge in the hadhanah rights case for minors who fall to their father with Number Case 2531/Pdt.G/2021/PA.Kab.Kdr. The results of the research and discussion, the Ratio Decidendi used by judges in deciding hadhanah cases of minors based on the Child Protection Act No. 35 of 2014 Article 3: "child protection aims to ensure the fulfillment of children's rights so that they can live, grow, develop and participate optimally in accordance with human dignity and dignity, and receive protection from violence and discrimination, for the realization of quality Indonesian children, noble and prosperous", and the judge's ratio decidendi in deciding hadhanah cases from the perspective of the Compilation of Islamic Law, the judge refers to Article 105 (a) of the Compilation of Islamic Law when in general there is no dispute between the plaintiff and the defendant, the Compilation of Islamic Law is used, but if once the father knows that there is a problem with the mother or that the mother has made a mistake in the child's education, the judge rules out Article 105 (a) of the Compilation of Islamic Law.
ANALISIS DASAR PERTIMBANGAN HAKIM MENETAPKAN BESARAN NAFKAH IDDAH, MAḌIYAH DAN MUT’AH, PADA CERAI TALAK DI PENGADILAN AGAMA KABUPATEN KEDIRI (STUDI KASUS PERKARA PUTUSAN NOMOR:852/PDT.G/2022/PA.KAB.KDR)
Divorce is a legal event in the form of breaking the marital bond between husband and wife, with legal reasons and through a certain legal process that must be stated strictly before the court. Judge consideration is one of the most important aspects in deciding the realization of the value of a judge who contains justice and contains legal certainty, besides that it also contains benefits for the parties concerned so that the judge's consideration must be thorough, good and fast. Considerations of Juridical Judges Juridical considerations are the judge's considerations which are based on the factors revealed in the trial and by law have been stipulated as things that must be included in the decision. This type of research uses empirical legal research, the research approach uses a legal sociology approach, research data uses primary and secondary data. Based on the procedures for examining cases of divorce decisions with iddah, mut'ah and madiyah maintenance Decision Number : 852/Pdt.G/2022/PA.Kab.Kdr, must go through various stages of Examination, Reconventional Examination, Mediation, Trial, Conduct Replica and Duplik, Trial of Proof of Plaintiff and Defendant, Trial of Conclusions, Readout of Verdict. Basic analysis of Judges' Considerations in determining the amount of living for iddah, madiyah and mut'ah Decision Number: 852/Pdt.G/2022/PA.Kab.Kdr concluded that the Judge's Considerations in determining the amount of living are using Juridical and Non-Juridical Considerations. Juridical considerations include: Article 149 letter (a) and Article 158 letter (b) KHI, Law Number 1 of 1974, Article 80 Paragraph 2 KHI and considerations of non-juridical judges covering the consequences of the actions of the respondent, condition and role or position of the respondent.
PERTIMBANGAN HAKIM TERHADAP PENETAPAN ASAL – USUL ANAK BIOLOGIS DI PENGADILAN AGAMA KABUPATEN KEDIRI (PERKARA NOMOR.249/PDT.P/2020/PA.KAB.KDR)
Marriage in Indonesia must be carried out in accordance with Article 2 paragraph (1) and (2) of Law Number 1 of 1974 whereby marriages carried out by men and women must be registered with the local authorities to ensure orderly administration of government and population. As well as determining the origin of children in case number 249/Pdt.P/2020/PA.Kab.Kdr, where husband and wife do not register their marriage, so problems arise when going to take care of the administration of the birth of a child in a child's birth certificate. This study aims to analyze the examination procedure and the legal basis for the judge's consideration in granting a case on the origins of biological children at the Kediri Regency Religious Court (case number 249/Pdt.P/2020/PA.Kab.Kdr). This type of research uses empirical legal research methods using a sociological approach. This study uses primary data types, namely interviews and secondary data, namely data from books and research articles. While the data collection techniques are observation, interviews, and documentation. Then this research was analyzed through the stages of data reduction, data validation, data clarification, and data analysis. The results and discussion of this study indicate that the legal basis is juridical and non-juridical. judges are oriented towards the protection of children's rights by taking into account the principle of the best interests of the child both from the psychological aspect of child development as well as aspects of legislation so that the determination of the case is fair.
PEMBATALAN PERKAWINAN KARENA POLIGAMI TANPA IZIN ISTRI PERTAMA KOMPORATIF UNDANG-UNDANG NO 1 TAHUN 1974 DENGAN HUKUM ISLAM( PUTUSAN NO. 1362/PDT.G/2016/PA.KAB.KDR)
The background of this research is in decision no. 1362/Pdt.G/2016/PA.Kab.Kdr polygamy occurred without the permission of the first wife then a request for cancellation of polygamy was filed by the Petitioner against the polygamous marriage of Respondent I (husband) with another woman who the respondent continued his polygamous marriage without the permission of the Petitioner. The purpose of this study was to find out the cancellation of marriage due to polygamy without the permission of the first wife in the decision of the Religious Court of Kediri Regency, decision no. 1362/Pdt.G/2016/PA.Kab.Kdr from the perspective of Law No. 1 of 1974 and the perspective of Islamic law. The research method used is normative research and the data used are primary data and secondary data collected through documentation transcripts, then analyzed using descriptive analytical data analysis techniques. The results of this research and discussion indicate that the Petitioner has legal standing to file a Marriage Annulment Application as stipulated in Article 23 letter (d) of Law Number 1 of 1974 regarding the marriage of Respondent I to Respondent II which was carried out when Respondent I was still legally married without the permission of the Petitioner. However, in the view of Islam, polygamy without the wife's permission cannot be a reason for submitting an annulment of marriage because the condition for polygamy in Islamic law is only to be fair to wives.
AKAD JUAL BELI BENIH UDANG (BENUR) DENGAN SISTEM TAKARAN PERSPEKTIF HUKUM ISLAM (STUDI KASUS DI DESA BLAWI KECAMATAN KARANGBINANGUN KABUPATEN LAMONGAN)
The contract to buy and sell shrimp seeds with a measuring system in Blawi Village, Karangbinangun District, Lamongan Regency contains elements of gharar (deception), because the number of shrimp seeds purchased is not the same as the amount given to the buyer. The purpose of this study is to know about the practice of buying and selling shrimp seeds with a measuring system in Blawi Village, Karangbinangun District, Lamongan Regency, and to know and to analyze the Islamic Legal Perspective on the contract of buying and selling shrimp seeds with a measuring system in Blawi Village, Karangbinangun District, Lamongan Regency.This type of research uses empirical legal research. The research approach uses a sociology of law approach. Research data uses primary and secondary data. the contract process is carried out directly, come to the place during the harvest time or order the shrimp seeds first. When at the place of buying and selling transactions, there are sellers and buyers, then the buyer helps the seller in carrying out the measuring process, and it is finished measuring and the sampling process then the seller will tell the buyer what the average amount obtained, if the buyer agrees and agrees with the results of the quantity then the buyer will state that he would like to buy how many rean to the seller after that the seller will give shrimp seeds to the buyer according to his request, then payment will be made. For the contract to buy and to sell shrimp seeds with a valid measuring system, it is carried out because here the seller and buyer are both willing and knowing each other about the losses and the profit to be made, and the buyer knows the process of the measurement directly and the process of sampling, besides that because the contract for buying and selling shrimp seeds is in accordance with the terms and conditions of the contract.
PEMBERIAN REMISI TERHADAP NARAPIDANA TINDAK PIDANA KORUPSI PASCA PUTUSAN MAHKAMAH AGUNG NOMOR 28 P/HUM/2021 DALAM PERSPEKTIF TEORI TUJUAN PEMIDANAAN
Initially, the granting of remission to corruption convicts was regulated with strict conditions to reduce the number of corruption cases. However, in 2021, the Supreme Court issued Decision Number 28 P/HUM/2021 which revoked the strict conditions, making it easier for corruption convicts to obtain remission. This decision sparked debate in society, where some parties considered the policy to be too loose and could weaken efforts to eradicate corruption in Indonesia. The purpose of this paper is to determine the granting of remission to corruption convicts Post Supreme Court Decision Number 28 P/HUM/2021 and to analyze the granting of remission to corruption convicts Post Supreme Court Decision Number 28 P/HUM/2021 from the perspective of the theory of the purpose of punishment. This study uses a normative juridical method, while the approach used in this study is to use the type of statutory regulatory approach or The Statute Approach. The results of the study on the granting of remission according to Supreme Court Decision Number 28 P/HUM/2021 show important changes in legal policy towards corruption convicts. The removal of strict requirements, namely the obligation to become a justice collaborator, makes it easier for corruption convicts to obtain remission. The removal of this requirement can have a negative impact on the effectiveness of the criminal justice system in eradicating corruption, and can affect public perception of the government's commitment to law enforcement and eradicating corruption. Remission for corruption convicts Post Supreme Court Decision Number 28 P/HUM/2021 from the perspective of the theory of the purpose of punishment, namely it can weaken the effectiveness of punishment from various perspectives. In the theory of absolute punishment, this policy reduces the retaliatory effect that should provide a warning to perpetrators and the community. In the theory of relative punishment, although the aim of relative punishment focuses on rehabilitation, if remission is given loosely, this can reduce the effectiveness of punishment as a deterrent for future criminals. Meanwhile, in the theory of combined punishment, although it provides space for the rehabilitation of perpetrators, this policy can reduce the ability of the punishment system to provide the deterrent effect needed to prevent corruption in the future. This risks weakening efforts to eradicate corruption and reducing public trust in the government's commitment to tackling corruption crimes. Keywords: Remission, Corruption convicts, Decision Number 28 P/HUM/2021, Theory of the purpose of punishment
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TINJAUAN ‘URF TERHADAP ADAT WALIGORO SEBAGAI SYARAT KESEMPURNAAN PERNIKAHAN DI DESA PENGUMBULANADI KABUPATEN LAMONGAN
The background of this research is that the people of Pengumbulanadi Village carry out a wedding procession known as Waligoro. The practice of the Waligoro custom is used as a condition for the perfection of marriage, especially those who have Waligoro descendants for prospective brides and grooms before getting married. The community believes that if Waligoro is not made, there will be negative impacts such as difficulty getting sustenance and one of the bride and groom can go crazy. This is a problem considering that the majority of Pengumbulanadi Village people are Muslim, but they believe the Waligoro custom can bring happiness and lasting marriage. The purpose of this study was to analyze the practice of the Waligoro custom as a requirement for marriage perfection in Pengumbulanadi Village, Lamongan Regency and to analyze ‘urf review of the Waligoro custom as a condition for marriage perfection in Pengumbulanadi Village, Lamongan Regency. The research method used is an empirical research type, and with a sociological approach. The research data was generated through interviews and book reviews. While data collection techniques using observation, interviews, and documentation. Furthermore, it was analyzed through four stages, namely: data reduction, data validation, data classification, and data analysis. The results of this research and discussion show that the Waligoro custom is a tradition inherited from the ancestors which is still being carried out by the people of Pengumbulanadi Village. Waligoro custom needs to be reviewed further by using the elements of 'urf.
ANALISIS PERTIMBANGAN HAKIM DALAM PUTUSAN CERAI GUGAT SECARA GHÂIB DI PENGADILAN AGAMA KABUPATEN KEDIRI (NOMOR PUTUSAN 2289/PDT.G/2022/PA.KAB.KDR)
This study aims to determine the process of summoning and examination, andwhat is the basis for the judge's consideration in granting an unseen divorce case due to the death of her husband for 8 months at the Kediri Regency Religious Court (Decision No 2289/Pdt.g/2022/PA. Kab.Kdr). This research uses empirical legal research methods with a sociological approach that aims to study the problems that occur in the Kediri Regency Religious Court, especially regarding verstek decisions. From the results of research and discussion about the divorce verdict regarding summons and examination in accordance with laws and regulations. The summons refer to Article 27 of Government Regulation No.9 of 1975 while for the examination of Article 82 of Law No.7 of 1989 Jo Law No.3 of 2006 concerning religious courts, then in deciding the case the judge uses the legal basis by basing the proposition of the unseen lawsuit divorce with importance to the benefit of the wife left behind and decides based on Article 116 letter (f) of the KHI, Where the determination of the occult husband does not have to wait for 2 years. And in this judgment it was decided verstek because the defendant never appeared in the trial, namely based on Article 125 paragraph (1) HIR Keywords: Judge's Consideration, Divorce Lawsuit Ghaib
PERAN DINAS PEMBERDAYAAN PEREMPUAN DAN PERLINDUNGAN ANAK DALAM MENEKAN PERNIKAHAN DINI DI KABUPATEN KEDIRI (STUDI DI DP2KBP3A KABUPATEN KEDIRI)
Early marriage is a relationship between a man and a woman like husband and wife but the age has not yet reached the minimum age limit. Indonesia is one of the countries with a high percentage of young marriages in the world, which is ranked 37th, while the ASEAN level is the 2nd highest after Cambodia. In Law Article 7 paragraph (1) No. 16 of 2019 concerning Marriage, it is stated that "Marriage is only allowed if a man and a woman have reached the age of 19 (nineteen) years". From the Law, it has been clearly outlined that marriage can be carried out when the bride and groom are at least 19 years old. When viewed from data from the Central Statistics Agency, in 2022 in East Java there were 9.46% of women who married at the age of <19 years. The purpose of this study is to find out the views of the PPPA Office on early marriage in Kediri Regency, as well as the role of the PPPA Office in suppressing early marriage in Kediri Regency. This research uses a type of empirical legal research and the research approach uses a sociological approach. Primary and secondary data are the source of research. Then for the data collection technique, the author uses two methods, namely: interview, and documentation. As for data analysis techniques, they use data reduction, data validation, data classification, and data analysis. The result of this study is that early marriage has many adverse impacts on family welfare, therefore the Women's Empowerment and Child Protection Office plays a very important role in suppressing early marriage in Kediri Regency. The PPPA Office programs in suppressing early marriage are SANAK, PUSPAGA, Children's Forum Keywords: Role, Women's Empowerment and Child Protection Office, Early Marriage
PERAN ISTRI SEBAGAI PENCARI NAFKAH UTAMA DALAM KELUARGA DAN DAMPAKNYA BAGI KEHARMONISAN RUMAH TANGGA(STUDI KASUS DESA JAMBON, KECAMATAN PULOKULON, KABUPATEN GROBOGAN, JAWA TENGAH)
Maintenance is a right that must be fulfilled by a husband towards his wife, this maintenance is various, it can be in the form of food, shelter, lessons (attention), medicine, and also clothes even though the woman is rich. Providing alimony is mandatory for the husband since the marriage contract is valid and correct, then from then on a husband is obliged to bear the maintenance of his wife and this means that all the consequences apply. In general, the husband makes a living, while the wife plays the role of a housewife who manages household needs. This is not like what happened in Jambon Village, Pulokulon District, Grobogan Regency where the wife plays the role of the main breadwinner. The formulation of the problem in this study is What is the role of wives who work as breadwinners in the family in Jambon Village, Pulokulon District, Grobogan Regency? and What is the impact of the role of wives who work as the main breadwinner for domestic harmony? The purpose of this study is to analyze in depth the role of wives who work as breadwinners in the family in Jambon Village, Pulokulon District, Grobogan Regency and analyze in depth the impact of the role of wives who work as the main breadwinner in building household harmony. The type of research used in this study is the type of empirical law research. The approach of this research is to use a sociological approach. Data collection is carried out by interviews and documentation. As well as with data analysis techniques obtained from the field then included in this discussion, after which the truth is validated will be used as the basis for the study, clarification of the collected data is then analyzed qualitatively and then conclusions are drawn and explained in accordance with the reality obtained at the time of the research. Based on the results of this study, it is known that the wife acts as the main breadwinner, by working as a trader, entrepreneur and tailor. Through that work they can meet all family and household needs. They play the role of the main breadwinner because their husbands do not have jobs. The impact caused by the wife acting as the main breadwinner on household harmony is: (a) The positive impact is that it can increase family income, can meet household needs and can increase future savings, and can also foster mutual trust and understanding, (b) The negative impact of gathering time with family is reduced, and after returning home in a poor state after one day of work outside the home so that it greatly affects the emotional level she has. So the role of the wife as the main breadwinner can still maintain family harmony, especially through good communication and mutual openness. The conclusion of this study is to work as a trader, entrepreneur and tailor to meet all family needs. Wives work because husbands do not have jobs and cannot provide a living. Therefore, it is the wives who work as the main breadwinners in the family. Keywords: The Role of the Wife, the Main Breadwinner, Household Harmony.
ANALISIS YURIDIS KUMULASI PERKARA ITSBAT NIKAH DENGAN CERAI GUGAT(STUDI KASUS PENGADILAN AGAMA KABUPATEN KEDIRI)
Marriages that can be decided by the Religious Courts must be marriages that have proof of a marriage certificate. This is contrary to Article 6 paragraph (2) of the KHI which emphasizes that if the marriage is carried out outside the authority of the Marriage Registrar, no legal protection can be requested. In reality, underhand marriages can also file for divorce in the Religious Courts with the accumulation of marriage determination with divorce. However, in Law no. 7 of 1989 does not explain the merger of marriage determination with divorce, but in fact the two cases were made in one lawsuit and decided by one judge. This study aims to determine the implementation of the cumulative law on cases of marriage determination with divorce and the juridical considerations of judges in deciding the cumulative cases of marriage determination with divorce in a lawsuit against a case study at the Religious Courts of Kediri Regency. The approach taken in this research is qualitative, using the type of empirical juridical research. The method of data collection was carried out by means of observation, interviews and documentation of case No. 3275/Pdt. G/2021/PA.Kab.Kdr. at the Kediri District Religious Court. In this study, the authors corroborate primary data by taking sources from books, journals and social media. Data collection techniques used through observation, interviews and documentation with data analysis techniques through 5 stages, namely: data reduction, data verification, data presentation, data analysis, conclusions. Based on data analysis, the results of this study are the cumulative implementation of marriage determination cases with divorce in the Religious Court of Kediri Regency on the basis of the benefit of the justice seekers and in accordance with the procedure in court and based on Article 7 paragraph (3) Compilation of Islamic Law, Article 39 Law Number 1 of 1974 concerning Marriage, Article 116 letter (f) KHI, and the circular letter of the Supreme Court, namely Book II of Guidelines for the Implementation of Duties and Administration of Religious Courts page 148 and sociologically a marriage that is not harmonious will cause harm and prolonged disputes for one party and both parties. Keyword : cumulative, marriage determination, divorce lawsuit
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HUBUNGAN EFIKASI DIRI DAN ETIKA PROFESI HAKIM DITINJAU DARI AYAT-AYAT AL-QUR’AN TENTANG HAKIM
The only thing that Muslims are proud of from the past until now is the originality of the Qur'an. In the 1930s, the modern concept of personality began to develop, and many studies looked at how a person's ego is formed based on thoughts and behaviors in everyday life. Thoughts, expectations, reinforcements, goals, and internal processes all influence a person's behavior and these are called self-efficacy. Several studies on self-efficacy have been conducted from a Western perspective, but these studies are still minimally studied from an Islamic perspective. In this case, humans are always faced with certain conditions, one of which is the judge. The purpose of this study is to explain the concept of self-efficacy in the verses of the Qur'an. To describe an overview of the professional ethics of judges according to the verses of the Qur'an. To analyze the relationship between self-efficacy and professional ethics of judges in terms of the verses of the Qur'an about judges. This study uses a qualitative approach, this qualitative approach seeks to uncover the basic questions that will be studied comprehensively, meaning that the sub research produces descriptive data in the form of spoken or written language, as well as actions that allow for observation and direction on the background and overall. And this type of research will use library research which includes data mining, from the library consisting of primary data and secondary data. Self-efficacy in the Qur'an is explained in several verses, namely in Surah Arradu verse 11, Al-Anfal verse 12, Yusuf verse 87, Ali Imran verse 139, and verses related to the professional ethics of judges are found in Surah An-Nisa. ' verse 58, Al Ahzab verse 70, Al-Baqoroh verse 151, Ashaff verse 2-3, Al-Mudatsir verse 38, An-Nur verse 33, An-Nisa verse 59, AlFurqon verse 63, and Al-Isra verse In all the verses above, it is explained that there is a close relationship between self-efficacy in the Qur'an and the professional ethics of judges in the Qur'an which are mutually sustainable between the two, because judges who have high self-efficacy have high confidence, faith, and motivation. will always try in their performance (professional ethics of judges). Likewise, judges who are wrapped in faith will always rely on Allah for their hope and help (self-efficacy). Keywords: Self-Efficacy, Professional Ethics Judge, Al-Qur’an
IMPLEMENTASI PMA NO 20 TAHUN 2019 TENTANG PENCATATAN PERKAWINAN BERBASIS SISTEM INFORMASI MANAJEMEN NIKAH (SIMKAH) STUDI DI KUA KEC. MOJOROTO
SIMKAH is an abbreviation of "Marriage Management Information System" is an information system program that is used for registration of marriages carried out by every Regency KUA throughout Indonesia, in accordance with PMA No. 20 of 2019 including KUA Kec. Mojoro. Application of SIMKAH in KUA Kec. Mojoroto still finds a problem where there are still many marriage registrars who do not know about SIMKAH, then there is invalid marriage registrar data with the SIMKAH database and the frequency of SIMKAH processing during working hours. The purpose of this study was to obtain information about the implementation and effectiveness of PMA No. 20 of 2019 concerning SIMKAH-Based Marriage Registration at KUA Mojoroto, Kediri City. This study used a qualitative descriptive method, with the research subject being the Head of KUA Kec. Mojoroto, Operator SIMKAH KUA Kec. Mojoroto and 6 marriage registrants. The collection technique is through 1) Interview 2) Observation 3) Documentation. The results of this study KUA Kec. Mojoroto has implemented SIMKAH as marriage registration but it has not been effectively implemented because there are still obstacles (1) in the quality of the system, maintenance often occurs during office hours so that it interferes with marriage registration at KUA Kec. Mojoroto (2) There are still many marriage registrants who do not know the existence of SIMKAH as a means of recording marriages, so the KUA Kec. Mojoroto must increase socialization to the community, especially those who are married. (3) The difference in the marriage registrar's data so that it does not appear in the SIMKAH database, and the marriage registrar must first correct it at the Population and Civil Registry Office. Keywords: SIMKAH, Marriage Registration, Implementation
ANALISIS RATIO DECIDENDI HAKIM PENGADILAN AGAMA KAB. KEDIRI DALAM PUTUSAN PERKARA NO. 2016/PDT.G/2021/PA.KAB.KDR. TENTANG GUGATAN REKONVENSI CERAI TALAK
Marriage is a life together between a man and a woman which begins with consent and acceptance, and the purpose of marriage in religion is Sakinah mawadah warahmah. As for a marriage, it is not always harmonious and ends in divorce, such as the case at the Religious Court of Kediri Regency, decision number no.2016/pdt.G/2021/ PA.Kab.Kdr, where a husband applies for divorce and the wife files a reconvention lawsuit. in court to ask for a living for iddah, mut'ah and madliyah. Then the judge in giving a decision on conflict cases based on the ratio of a judge's instincts, the judge in determining his decision uses the judge's mindset which is interpreted in a decision, this is the basis for conducting research to find out about the ratios that judges make, and how judges determine the decision by using the basis of the ratio decidendi. So the researchers here use qualitative methods, with data collection techniques with interviews and documentation, and the data is analyzed by data analysis, data reduction, data presentation and conclusion drawing. The results of this study are where the procedure for examining divorce divorces and claims for reconciliation at the Kediri Regency Religious Court is that the applicant and the respondent are present at the trial, mediation is continued with the answer stage and proof of convention and reconciliation, conclusions and the judge conducts deliberation to determine the verdict. The ratio decidendi determined by the judge in the divorce case with the reconciliation suit is based on evidence, the judge can determine the ratio or the amount of obligation that must be given by the husband to his wife. And the judge's ratio decidendi was made on the basis of the thought of the panel of judges in deciding the case, and the judge gave the ratio based on the facts of the work and income and the husband's ability, then the judge granted the petition for reconvention in case number no.2016/pdt.G/2021 /PA.Kab.Kdr by stipulating the amount of iddah, mut'ah and madliyah expenses of Rp. 16,000,000 based on evidence of the husband's ability and granting the applicant's request for divorce to give permission to impose raj'i divorce to the respondent
STUDI TERHADAP PEMIKIRAN MUHAMMAD SHAHRUR TENTANG POLIGAMI
Poligami memang menjadi bagian dari syariat Islam, karena secara ekstual diatur dalam nash Al-Quran maupun A l- Hadist, dan secara faktual dipraktekkan oleh Rasulullah dan beberapa sahabat. Tetapi jika dilihat dari sisi hikmah poligami pada awal pembentukan hukum Islam, maka tampak motif kemanusiaan dari keadilan yang mengemuka dalam praktek poligami. Sahrur salah satu cendekiawan Muslim terkemuka, menerapkan teori batas (nazariyah hubudiyah) dalam memahami beberapa ayat Al-Quran termasuk ayat tentang poligami. Pada prinsipnya, Shahrur mengakui poligami menjadi bagian dari syariat Islam, akan tetapi penerapannya dalam praktek harus memperhatikan beberapa persyaratan, agar poligami itu membawa hikmah. Persyaratan esensial dalam praktek poligami adalah, pertama pelibatan janda yang memiliki anak sebagai istri kedua, ketiga dan keempat. Kedua harus ada keadilan diantara para anak dan isteri pertama dan anak-anak yatim para janda yang dinikahi berikutnya. Dengan pemikiran sepeti shahrur merupakan sosol pemikir pemberani dalam mengungkapkan pemikiran-pemikirannya yang kontroversia Islam yang telah baku. Terlepas dari pro kontra terhadap pemikiran shahur termasuk apakah shahur sebagai orang yang memenuhi syarat sebagai mujahid atau tidak. Yang jelas pemikirannya telah dapat berusaha untuk mengangkat derajat wanita sebagai makhluk yang bermartabat.