Usroh: Jurnal Hukum Keluarga Islam

PENYELESAIAN KASUS GHARAWAIN (MASALAH TSULUTS AL-BAQI DALAM WARISAN)

M Zuhdi — 2023-12-09

Gharawain, tasniyah form of lafadz gharr (brilliant star). So called because his fame is like a shining star. Another name for gharawain is Umariyatain because the way to solve it was introduced by Umar bin Khattab r.a. The gharawain problem is a form of inheritance problem that was decided by Umar and accepted by the majority of his friends and followed by the majority of scholars. This problem occurs when adding up several furudhs in one inheritance case where the results are not satisfactory to some of the mothers and fathers. If they jointly inherit with no other heirs, then the mother receives 1/3 and the father receives the ashabah. The basic principle is that the mother receives 1/3 and the father 2/3, in other words the male share is double that of the female. This situation still applies when the mother and father are together with the heirs of the husband or wife. So after the husband or wife's share is given, the mother receives 1/3 and the father receives the rest.

Keywords: Inheritance; Gharawain; Mother's Inheritance Rights

PEMBEBANAN NAFKAH IDDAH DAN MUT’AH DALAM PERKARA CERAI GUGAT DALAM TINJAUAN HUKUM ISLAM DI INDONESIA DAN MALAYSIA

Rizki Putra Pratama — 2023-12-09

Abstract

Divorce lawsuits filed by wives are often not accompanied by additional demands on the husband to provide Iddah and mutah. Because many cases that occur in a divorce lawsuit, a wife does not get the right to provide iddah and mut'ah. Even though the application for a living right can be submitted at the time of filing a divorce suit as in the Decision of the Pangkalan Balai Religious Court No.727/Pdt.G/2021/Pa.Pkb. The purpose of this paper is to find out the legal basis that the judge considers regarding the imposition of iddah and mut'ah maintenance in divorce cases and to understand the review of Islamic law in Indonesia and Malaysia on the imposition of iddah and mut'ah maintenance in divorce cases. This research uses a type of field research or what is called (field research). From the results of the study it was found that the judge made a decision based on the consideration of the party's evidence presented at trial, where evidence was found that the plaintiff was not nusyuz so that based on the theory of justice and the protection of women's rights, the judge could make a decision in accordance with the ijtihad that was carried out. In addition, according to Islamic law in Indonesia it is in line with Article 41 of Law No. 1 of 1974. Meanwhile, according to Islamic law in Malaysia it is in line with the Anakmen Islamic Family Law Number 17 of 2003.

Keywords.: Divorce; Iddah income; Mut'ah

HAK ISTRI DALAM HUBUNGAN SEKSUAL MENURUT HUKUM KELUARGA ISLAM

Azmi Ro'yal Aeni — 2023-06-30

In marital relations, one of which is sexual relations, Islam puts forward the principles of equality between husband and wife, but in reality, women often treated unfriendly and prone to not fulfilling their rghts, one of which is the right to enjoy sexual relations. This study aims to understand the right to enjoy sexual relations for women in Islam an its relation to communication in marriage, as well as the exposure of ‘aqd tamlik and ‘aqd ibahah in marriage. The research method used in this research s library research with a normative approach. The result of this research is that culture has formed male superiority in sexual relations. Religious texts need to be accompanied by good communication in marriage as bridge for the creation of good husband and wife relatons. ‘Aqd tamlik is marriage with concept of a contract of ownership (the husband owns the wife completely), ‘aqd ibahah means the concept of marriage involving an agreement between the two parties.

Keywords: Women's Rights; Marriage Communication; Islamic Family Law

PELAKSANAAN BIMBINGAN PRANIKAH BAGI CALON PENGANTIN PENYANDANG DISABILITAS

Innaiyah Humairah — 2023-06-30

Pre-wedding guidance is a mandatory series for every bride and groom who will get married. However, in its implementation in several KUA in Palembang there are still many prospective brides with disabilities who do not receive premarital guidance. Persons with disabilities have the same right to get the opportunity to take part in pre-marital counseling as bride and groom in general so that justice is created for all Indonesian people. The research method used is qualitative research with an empirical normative approach. This study aims to find out the implementation of premarital counseling for brides with disabilities at the KUA in Palembang city and to explain the review of Islamic law on its implementation. The results obtained from this study were that the implementation of premarital guidance for brides with disabilities at KUA Ilir Barat I, Ilir Barat II and Bukit Kecil was not effective because there were no specific rules governing the implementation of premarital guidance for persons with disabilities so that the organizers lacked preparation. However, on the other hand, prospective brides with disabilities already have the same rights as ordinary brides so they can attend marriage counseling at the KUA. According to Islamic law, the implementation of pre-marital guidance can be categorized as maslahah in order to achieve justice for prospective brides with disabilities in participating in marriage counseling at the KUA and are treated the same as ordinary brides.

Keywords: Premarital Guidance; Persons with Disabilities; KUA

FENOMENA PERKAWINAN DI BAWAH UMUR: PENYEBAB DAN DAMPAK

Anwar Hakim — 2023-06-30

Perkawinan di bawah umur adalah suatu perkawinan yang dilakukan oleh laki-laki dan perempuan yang masih di bawah batasan umur untuk menikah berdasarkan ketentuan Undang-Undang. Penelitian ini bertujuan untuk mengetahui dan menganalisis faktor yang menyebabkan terjadinya perkawinan di bawah umur, dampak serta upaya pencegahan yang dilakukan khususnya di Kecamatan Air Rami Kabupaten Mukomuko. Penelitian ini termasuk dalam penelitian lapangan field research) yang dilakukan di dengan menggunakan pendekatan deskriptif kualitatif. Adapun hasil penellitian yang didapatkan bahwa perkawinan di bawah umur dipengaruhi oleh beberapa faktor diantaranya keinginan masyarakat untuk segera mendapatkan keluarga yang baru, kurangnya pengetahuan masyarakat, kuatnya adat istiadat, masalah ekonomi, rendahnya tingkat pendidikan, dan pengaruh teknologi. Di samping itu, perkawinan di bawah umur memiliki dampak negatif dan positif. Dampak negatif terlihat dari berbagai aspek, yakni aspek pendidikan, kesehatan reproduksi, psikologi, ekonomi dan sosial. Sedangkan dampak positifnya yaitu dapat megurangi beban ekonomi orang tua dan cepat berpikir dewasa. Upaya pencegahan perkawinan di bawah umur yang telah dilakukan oleh KUA Kecamatan Air Rami yaitu dengan mengadakan sosialisasi dan penyuluhan terkait batas usia minimal perkawinan yang terdapat pada Undang-undang Perkawinan No 16 Tahun 2019 Tentang Perubahan Atas Undang-Undang No 1 Tahun 1974 Tentang Perkawinan.

Kata Kunci: Fenomena; Perkawinan di Bawah Umur; Undang-Undang Perkawinan

PERAN KELUARGA TERHADAP PENCEGAHAN KEKERASAN SEKSUAL BERBASIS ELEKTRONIK PERSPEKTIF HUKUM PERKAWINAN ISLAM

Deza Musfirah — 2023-06-30

Electronic Based Sexual Violence (KSBE) is a new type of violence. Many children are victims of this type of violence. Parents have an important role in prevention. The aims of this research are: (1) To explain the role of prevention that can be carried out by the family against electronic-based sexual violence according to the perspective of Islamic marriage law: (2) To know the legal consequences for parents who are negligent in preventing Electronic-Based Sexual Violence. This type of research is library research, with primary legal materials in the form of Komnas Perempuan's annual notebooks, Islamic marriage law books, Al-Quran, Hadith, and Laws, as well as secondary legal materials, namely scientific journals, articles that intersect with the legal topics studied. and tertiary legal materials in the form of an Indonesian dictionary. Legal materials are collected by reviewing, recording, and evaluating library materials, as well as searching through the internet and analyzing legal materials by interpreting the legal materials that have been processed. The results of the study show that: (1) the role of prevention that can be carried out by the family against KSBE from the perspective of Islamic marriage law, namely: providing education to children, supervising children, and giving love and affection to children. (2) As a legal consequence of parents' negligence in preventing the occurrence of KSBE in children, the parents' authority can be revoked for a certain time at the request of other parents with a court decision.

Keywords: Electronic Based Sexual Violence, Family Role, Islamic Marriage Law