Al-Hukkam: Journal of Islamic Family Law

Perbandingan Hadanah oleh Orang Tua Tunggal Laki-Laki dan Orang Tua Tunggal Perempuan

2023-08-09T10:58:03+07:00

This research is backgrounded by the increasing divorce rate which causes the amount of single parents to increase as well. It is certainly has its own impacts towards child development under their parenting. Therefore in this research, the writer has more focus to research the life of single parents due to divorce, because the writer wants to highlight how is the responsibility of parents which do not nurture their children after divorce. Besides that, the writer also tries to find the comparison, both from the parenting way and its implications, between parentings done by male single parents or female single parents. This research is a field research with qualitative approach. The techniques used by the writer such as observation, interview, and documentations. The writer did early observation towards single parents phenomena in the Ward of Tirto, then the writer set about 6 single parents to be interviewed semi-structurally. This research’s results indicate that parenting ways they practice in the average are combinations between democratic and authoritarian. From the closeness side, children that nurtured only by mother have a trend to be away from their father, but children that nurtured by their father still keep the relationship with their mother. Besides that, childcare by single parents has also its own impact towards children condition, especially from mental side. This especially happens with children in teenager age, where they often feel burdened by their family’s condition and the problems their parents face. Then, the constrains experienced by every single parent is also different, where female single parents tend to experience economic problems, meanwhile male single parents tend to experience constrains in the process of taking care children in the home

Kesadaran Hukum Masyarakat terhadap Perceraian di Pengadilan

2023-08-09T10:35:08+07:00

This study found the causes of the community carrying out divorces and the legal awareness of the Muslim community in the Tangkil-Tengah village of divorce outside the court on the basis of taklik talak violations. Through juridical- sociological research with a qualitative approach to legal awareness theory. The research data were obtained through purposive interviews, observation and documentation. The results of this study indicate that: (1) the factors causing out- of-court divorces conducted by the people of Tangkil Tengah Village are internal factors, namely economic factors, busy factors, and a factor of lack of understanding about the legal consequences of divorce. And external factors, namely the lack of socialization from legal institutions regarding procedures for registering marriages, legal divorce and state legality. (2) The legal awareness of the Muslim community in Tangkil Tengah Village regarding divorce outside the court on the basis of a violation of taklik talak seen from the indicator of legal awareness found that in fact the legal awareness of the Muslim community in the village of Tangkil Tengah who divorced outside the court is still relatively low, where they have knowledge and understanding regarding divorce must be before a Court hearing, but do not do so. Their attitudes and behavior patterns actually ignore and do not comply with divorce procedures based on positive law in Indonesia. This makes the legal system not fully effective in society.

Analisis Maslahah terhadap Ratio Decidenci Hakim dalam Memutus Perkara Dispensasi Nikah

2023-08-09T10:40:02+07:00

Islam does not recognize the dispensation of marriage, but there are conditions for reaching puberty in marriage. However, Article 7 (1) of Law No. 16 of 2019 concerning marriage reads: "Marriage is only permitted if a man and a woman have reached the age of 19 (nineteen) years." Based on data from the Religious Courts, in 2022 there were 215 requests for dispensation from marriage, but not all of them were granted. There are 2 decisions that have the same circumstances, namely that the prospective wife is less than 19 years old and not pregnant, but are decided with a different decision. The research used is normative legal research with a descriptive qualitative approach. The data source used is primary obtained from Law No. 16 of 2019 concerning marriage dispensation, the decisions of the Kajen Religious Court Number 242/Pdt.P/2022/PA.Kjn and Number 280/Pdt.P/2022/PA.Kjn, and secondary legal sources obtained from scientific works, scientific journals/articles, and the like. Then they were analyzed by means of reduction, presentation of data, and drawing of conclusions. The results of this study were that the two cases were decided differently because in one of the cases, which was not granted, the prospective wife was still 14 years old and had not completed her 12 year study obligation, and there was no very urgent reason. The benefit of this decision is to prevent divorce if the marriage continues, while the harm is feared to be adultery. In the case that was granted because the two of them had been in a relationship for a long time and had completed their study obligations, it was feared that adultery would occur. The benefit of this decision is to avoid adultery and harm. It is feared that both of them are not mentally ready.