http://jurnal.iaih.ac.id/index.php/JURIH/issue/feed JURIH: Jurnal Ilmu Hukum 2024-07-10T03:53:03+00:00 Fachrodin jurnalhki.iaih@gmail.com Open Journal Systems <p><strong>JURIH:</strong> Scientific journal in the field of Law and syari'ah law, Islamic Institute of Hasanuddin Pare which aims to contribute to the world of education, especially in the world of Law in the realm of Positive Law and Islamic Family Law. In addition, this journal also aims to minimize the practice of plagiarism that develops in the world of science. The journal is published twice a year, namely in January and August. Editors accept articles that meet scientific standards and book reviews that match the journal's theme. The editor has the right to edit without changing the content and intent of the writing. Editor's Address : Jalan Kelapa 84 Jombangan โ€“ Tertek Pare โ€“ Kediri, East Java, Tlp. (0354) 394721.</p> http://jurnal.iaih.ac.id/index.php/JURIH/article/view/929 Keluarga Sakinah Menurut Pandangan Keluarga Penghafal Al Qur'an 2024-07-10T03:53:03+00:00 Mohammad Hendy Musthofa hendymusthofa@iainkediri.ac.id <p><em>Sakinah family is the dream of every family, by having a sakinah family it is hoped that the family will be happy both in this world and in the hereafter. To achieve this, one of the provisions needed is an understanding of religious knowledge, so that living your household life does not end in divorce. Family life for those who memorize the Qur'an in Kandat District, Kediri Regency have practiced how to live a sakinah family so that they can become an example for other families. Based on the reasons above the authors conducted this research. The purpose of this research is to find out the sakinah family in the view of families who memorize the Al-Qur'an in&nbsp; Village, Kandat District, Kediri Regency and how are the efforts of families who memorize the Al-Qur'an in&nbsp; Village, Kandat District, Kediri Regency to maintain a sakinah family life. The research conducted was field research using a qualitative approach, with data collection through interviews and direct field observations. Next, it explains descriptively the daily life of a family who memorizes the Al-Qur'an in&nbsp; Village, Kandat District, Kediri Regency based on the values โ€‹โ€‹of the Al-Qur'an as a guide in living a sakinah mawaddah warahmah life. The results of this study indicate that a sakinah family according to a family who memorizes the Qur'an in&nbsp; Village, Kandat District, Kediri Regency is living a family's daily life based on the Qur'an, so that every time there is a problem it is always returned to Allah. In their daily routine, they always try to prioritize prayer in congregation and recite the Qur'an, and try to fulfill the rights and obligations between husband and wife.</em></p> 2024-07-09T05:54:17+00:00 Copyright (c) 2024 Mohammad Hendy Musthofa http://jurnal.iaih.ac.id/index.php/JURIH/article/view/1101 PREMARITAL CHECK UP DI INDONESIA (Studi kasus di Kantor Urusan Agama Kecamatan Pare Kabupaten Kediri) 2024-07-10T03:53:03+00:00 Arianto ariantotamanan12@gmail.com Muhammad Rifki Ghufron muhammadrifkyghufron@gmail.com <p><em>Currently, it is not only tetanus that we need to be aware of, but now many dangerous infectious diseases have emerged for which no cure has yet been found, such as HIV/AIDS which has claimed many lives. The medical world has made recommendations to prospective brides and grooms who want to get married to carry out a premarital health check-up first. Carrying out a health check before marriage is a form of prevention to maintain health, especially for its impact on offspring. The type of research used in this research is field research, namely research carried out directly on events and data in the field, in this case the author conducted research at the KUA and Pare District Health Center, Kediri Regency. This research includes empirical normative research, namely research conducted by examining the implementation or implementation of legal provisions which are conceptualized as norms or rules that apply in society and become a reference for everyone's behavior. Premarital check-ups or pre-marital health checks have actually been implemented through Tetanus Toxoid Immunization. Its implementation is carried out based on the Joint Instructions of the Director General of Islamic Community Guidance and Hajj Affairs, Department of Religion and Environmental Health, Department of Health No: 02 of 1989 concerning Tetanus Toxoid Immunization of Prospective Brides and as the basis for the implementation of Law No. 1 of 1974, as well as Presidential Instruction No. 1 of 1991 concerning the Compilation&nbsp; of Islamic Law</em></p> 2024-07-09T00:00:00+00:00 Copyright (c) 2024 Arianto, Muhammad Rifki Ghufron http://jurnal.iaih.ac.id/index.php/JURIH/article/view/1102 DISPARITAS BATAS USIA PERKAWINAN DALAM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA DAN HUKUM ISLAM PERSPEKTIF TEORI MASHLAHAH AT THUFI 2024-07-10T03:53:03+00:00 Nina Agus Hariati ninaalulfah14@gmail.com <p><em>Many marriages are carried out when a person is not yet mature enough. Therefore, in Islamic law and Indonesian law, limiting the age of marriage is a provision that is ijtihad in nature. Apart from that, regulations related to the age limit for marriage continue to undergo changes, in the process of which there are disparities between these regulations. This research will discuss the age limit for marriage from the perspective of Islamic law and law in Indonesia. This type of research is literature/library research using a conceptual approach using the mashlahahnajmudin at Tufi theory. From this research, it was found that the marriage age limit for men and women is the same, namely 19 years. To determine the age of marriage, methodologically it is based on the mashlahah najmudi at tufi method so that it does not conflict with the text and there is no specific text that can be used as a reference for performing qiyas. The concept of mashlahah is used to resolve the problem of unclear marriage age limits. Maslahah explained that the benefits of a particular place can be used as an explanation for the age limit for marriage, even though there is no detailed explanation in the text of the Al-Qur'an. The benefit referred to is the age limit for marriage which has been stipulated in Islamic law.</em></p> 2024-07-10T03:46:18+00:00 Copyright (c) 2024 Nina Agus Hariati http://jurnal.iaih.ac.id/index.php/JURIH/article/view/1103 HUBUNGAN DEBITUR DENGAN KERIDITUR MELAKUKAN UTANG-PIUTANG DENGAN JAMINAN HAK MILIK ORANG LAIN 2024-07-10T03:53:03+00:00 Danang Permadi danangpermadi92@gmail.com Imam Mahmudi mudiimam5@gmail.com <p><em>In the reality of implementing credit agreements, it is often found that debtors use collateral in the name of the right holder, not themselves, in this case often referred to as a third party. The involvement of a third party in this credit agreement can be interpreted as meaning that the third party can cover the repayment of the credit by the Debtor, as explained in Article 1820 of the Civil Code which explains that guarantee is an agreement in which a third party, for the benefit of the debtor, binds himself to fulfill the obligation of the debtor. when this person himself does not fulfill it. It would be different if in practice the creditor claimed to be the person who plays a role in collecting funds from the public. By providing a form of loan that is based only on a written agreement. So even if in practice it continues like that, there will be a lot of losses, namely from the customer's side. Or even in the case of debts, creditors provide loans to debtors with large interest, which is paid weekly, not monthly, based on the loan amount given. So this violates Law No. 7 of 1992 concerning banking. If a creditor commits an act of default, there are several legal steps that can be taken, including making and sending a summons. A summons is a warning or warning given by the debtor to the creditor to immediately pay off the debt. Then, if the summons or warning is not implemented by the creditor, the debtor can take other legal action, namely filing a lawsuit for default at the District Court. Then, generally one of the legal steps that can be taken if a party is in default is to report the debtor to the police on charges of committing a criminal act of embezzlement and fraud.</em></p> 2024-07-10T03:52:08+00:00 Copyright (c) 2024 Danang Permadi, Imam Mahmudi