JURIH: Jurnal Ilmu Hukum

PERALIHAN WALI NASAB KEPADA WALI HAKIM DALAM PERNIKAHAN PERSPEKTIF HUKUM ISLAM (Studi di Kantor Urusan Agama Kecamatan Pare Kabupaten Kediri)

2024-11-30T14:46:58+00:00

Article 19 of the Compilation of Islamic Law (KHI) indeed emphasizes that a marriage guardian is one of the pillars in the implementation of a marriage contract. In marriage, the existence of a guardian is a requirement that must be met so that the marriage is considered valid according to Islamic law and also the positive law in force in Indonesia. In Islamic law, a woman is not allowed to marry herself, so the existence of a guardian is one of the pillars of marriage that must be met so that the marriage is valid. The guardian has an important role in marrying the bride, representing the family, and ensuring that the marriage is in accordance with sharia. Marriage guardians are divided into two types, namely lineage guardians and judge guardians. This study uses a field research method by collecting data through observation and interviews at the KUA, Pare District. The approach used is normative juridical, which refers to applicable legal norms, with qualitative analysis using the inductive method to draw conclusions from the data collected. The results of this study conclude that the transfer of lineage guardians to judge guardians in marriages at the Pare KUA in 2020-2024 was caused by several main factors, namely guardians of different religions (the parents of the prospective bride are not Muslim), mafqud guardians (whereabouts unknown), running out of lineage guardians, and adhal guardians (guardians who refuse or are rebellious). From an Islamic law perspective, the implementation of marriages with judge guardians at the Pare KUA during this period was declared valid, because it was in accordance with the principles of Islamic law and complied with the Regulation of the Minister of Religion Number 20 of 2019 Article 13, which stipulates that in the absence of lineage guardians, the marriage contract can be carried out with a judge guardian.

IMPLEMENTASI KODE ETIK MAHASISWA TERHADAP KEGIATAN BELAJAR PERSPEKTIF HUKUM ISLAM DI IAI HASANUDDIN PARE

2024-11-30T14:46:58+00:00

The student code of ethics plays an important role in maintaining student integrity and behavior in the academic process. At IAI Hasanuddin Pare, the student code of ethics is designed to support the creation of a conducive learning environment and motivate students to behave in accordance with academic norms. This article discusses the implementation of this code of ethics in teaching and learning activities at IAI Hasanuddin Pare, starting from applicable regulations, implementation in the field, to its impact on academic quality and student character development. Through a qualitative method with a case study approach, this research provides an overview of how the student code of ethics is practiced and integrated in the learning process. This research aims to analyze the implementation of the student code of ethics towards learning activities at the Hasanuddin Pare Islamic Institute (IAI). The student code of ethics is a behavioral guide that is expected to shape students' attitudes and morals in daily academic activities. This study uses a qualitative approach with a case study method, collecting data through interviews, observation and document analysis. The research results show that the student code of ethics at IAI Hasanuddin Pare is applied consistently in teaching and learning activities, although several challenges are still found, such as a lack of understanding by some students regarding the importance of the code of ethics and a lack of strict sanctions for violations. Apart from that, the implementation of the code of ethics has a positive impact on improving the quality of learning. Students who comply with a code of ethics tend to show higher discipline, responsibility and motivation in learning. As a result, the learning environment becomes more conducive and encourages the development of student character, such as honesty, work ethics and respect for others. However, there are some views that the application of the code of ethics is sometimes considered too strict by students, especially regarding the use of technology in class. The conclusion of this research is that although there are still obstacles in implementing the student code of ethics at IAI Hasanuddin Pare, the positive impact on students' learning activities and character development is very significant. The campus is advised to continue to increase students' understanding of the importance of a code of ethics and strengthen rule enforcement mechanisms to make them more effective.

KEWAJIBAN ORANG TUA TERHADAP NAFKAH ANAK PASCA-BALIGH: TELAAH FIQH DAN RELEVANSINYA DI ERA MODERN

2024-11-30T14:46:58+00:00

This study examines parental obligations to provide financial support for children post-puberty from the perspective of Islamic jurisprudence (fiqh) and its relevance in the modern era. Using a descriptive-analytical approach based on literature review, the study analyzes Quranic verses, prophetic traditions, and interpretations from various Islamic schools of thought. The findings indicate that financial obligations do not automatically cease when a child reaches puberty, particularly if they are not yet financially independent. For example, the Shafi'i school considers the obligation valid until the child becomes mature and self-reliant, while the Hanafi school generally limits it to the age of puberty. In the modern context, socio-economic challenges such as extended education and delayed financial independence make post-puberty financial support highly relevant. The maqashid syariah framework, which emphasizes child welfare, strongly supports the flexibility of this obligation. Key challenges include low compliance levels, particularly among divorced parents, necessitating stronger policies and public awareness efforts. The study concludes that integrating legal, moral, and educational approaches can effectively support post-puberty financial obligations while fostering harmonious and empowered Muslim families in the modern era.