El-Ahli : Jurnal Hukum Keluarga Islam

KRIMINALITAS PRAKTIK NIKAH SIRI DAN POLIGAMI DI INDONESIA

Defel Fakhyadi — 2024-12-13

Siri marriage and polygamy are forms of marriage that are permitted in Islamic law, these actions are categorized as against the law if they are not carried out according to applicable laws. Criminality in civil law in the form of violations can occur if the aggrieved party files a lawsuit in court over the case of siri marriage and polygamy that does not have a license because every marriage must be recorded. The state regulates the registration of marriages and polygamy in order to create marriage administration so that it does not cause harm to the married couple when divorce, maintenance and inheritance rights occur. This literature-based study wants to reveal the criminality in marriage based on the social reality of society in Indonesia. This type of research is descriptive qualitative based on literature research with data analysis through a descriptive critical analysis approach so as to produce a comprehensive understanding of legal marriage in Islamic law. This study concludes that the behavior of siri marriage and polygamy has a major impact on the order of family law in Indonesia so that the government regulates the administration of marriage by considering the side of kemashlahatan even though it sometimes has an understanding debate with traditionalist-centric fiqh thinking. The provision of sanctions against the criminal behavior of nikah siri and polygamy is a sanction against criminal offenders so that it is more social in nature so that the creation of responsive family law for the realization of a sakinah family, mawaddah warahmah

REFORMASI PEMIKIRAN MUHAMMAD RASYID RIDHA DALAM HUKUM KELUARGA ISLAM KONTEMPORER

Endah Mustika Pertiwi — 2024-12-13

This research aims to analyze Muhammad Rasyid Ridha's thoughts on the condition of Muslims in the contemporary realm. As a reform scholar in Islamic thought, Rasyid Ridha contributed many of his thoughts in the realm of education, social and law with the characteristic of revisiting Islamic laws based on the Qur'an and Hadith which were then revitalized in accordance with the conditions of the people. This research investigates Rasyid Ridha's thoughts on family law reform because many of Rasyid Ridha's thoughts were influenced by the social conditions at that time, especially women's rights in family law. This study found that Rasyid Ridha in contemporary thought; the decision to polygamy must be based on something logical and urgent, allowing interfaith marriages on the condition of similarity of values and principles between partners, the right to divorce for women and the calculation of inheritance in accordance with the amount of responsibility of their role in the family. This research uses the literature analysis method, deeply examining data sources in the form of documents and texts that are relevant to the issues raised.

FIKIH KELUARGA : PERSPEKTIF HUKUM ISLAM TERHADAP POLA ASUH ANAK DALAM MASYARAKAT MODERN

Dede Hafirman Said — 2024-12-14

Abstract

Parenting styles play a crucial role in shaping a child's character and behavior, which in turn influences their future social and psychological life. In today's modern era, parenting patterns are increasingly influenced by a variety of factors, such as social changes, technological advancements, and shifts in cultural values. This study aims to explore Islamic perspectives on child-rearing practices in the context of contemporary society, with a focus on the fundamental principles of family jurisprudence. The methodology employed is a literature review, which analyzes both classical and modern interpretations of Islamic law, particularly those related to family jurisprudence, and examines their application in the context of child-rearing. The findings of this research indicate that Islamic law offers clear guidelines for raising and nurturing children, emphasizing the importance of balancing love, discipline, and religious education. Islam also stresses the protection of children's rights, including the right to quality education and a healthy environment. However, the challenges faced by parents in modern society—such as the influence of globalization, technology, and changing cultural values—require a rethinking of these principles to ensure they remain relevant and effective in guiding children. In conclusion, this study highlights that despite differences in cultural and social approaches, the principles of family jurisprudence continue to provide a solid foundation for establishing effective parenting strategies in the face of modern societal dynamics.

ANALISIS KEBIJAKAN HUKUM DALAM PENANGANAN KDRT OLEH MILITER: PERBANDINGAN PERADILAN MILITER DAN UMUM

Idris. Idris — 2024-12-18

The handling of Domestic Violence (DV) cases involving military personnel often presents a jurisdictional dilemma between military courts and civilian courts. This study aims to analyze legal policies in addressing DV committed by military personnel and to compare the differences in handling such cases between the two judicial systems. The method used is normative juridical with a comparative law approach, including an analysis of military court rulings and civilian court decisions. The research findings reveal significant differences in judicial processes and sentencing. Military courts tend to provide special treatment to perpetrators, taking into account their status as part of the military institution. On the other hand, civilian courts are more focused on the protection and recovery of victims. These differences pose challenges in ensuring justice for DV victims while maintaining military discipline within the institution. The study concludes that harmonizing legal policies between military and civilian courts is necessary to enhance the effectiveness of handling DV cases involving military personnel. This effort aims to achieve a balance between protecting victims and enforcing rules within the military environment.

Keywords : domestic violence, military courts, civilian courts

STUDI KOMPARATIF KONSEP MAQASHID SYARIAH IMAM AS-SHATIBI DENGAN THE HIRARCHY OF HUMAN NEEDS ABRAHAM MASLOW

Nur Saniah — 2024-12-19

Way to understand human nature is to approach that is more directed to the theory of human needs. Today there has been a lot of research accomplished by psychologists in an effort to compile a theory of human needs. In Islam, Allah has regulated and made the Qur'an a guideline for human life, including matters relating to human needs. This research is a qualitative research with descriptive analysis and content analysis, which compares the concept of maqashid syariah and Abraham Maslow's The Hierarchy Of Human Needs and describes the proper interpretation of the text. Maqshid sharia and The Hierarchy of Human Needs are levels of human needs from two different perspectives of human needs. The results of the study concluded that maqashid sharia was formulated with the main considerations in accordance with God's purpose in passing down syari'at to humans so that they behave in accordance with the norms that He sent down and to maintain the benefit of humans in this world and the hereafter. Whereas in formulating The Hierarchy of Human Needs, Maslow was influenced by the philosophy of humanism which was detached from religious (secular) frames. Maslow's hierarchy of needs did not include The spiritual needs or religious motives (the need for religion) into the theory of the hierarchy of human needs.