JURIH: Jurnal Ilmu Hukum https://jurnal.iaih.ac.id/index.php/JURIH <p><strong>JURIH:</strong> Scientific journal in the field of Law, Faculty of Syari'ah, 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 – Tertek Pare – Kediri, East Java, Tlp. (0354) 394721.</p> LPPM Institut Agama Islam Hasanuddin Pare en-US JURIH: Jurnal Ilmu Hukum 2964-1209 <p><span lang="en">Please read </span><a href="http://jurnal.staih.ac.id/index.php/JURIH/EditorialPolicies#CopyrightNotice">Copyright Notice</a> for JURIH: Jurnal Ilmu Hukum</p> PENGAKUAN NEGARA TERHADAP PERKAWINAN BEDA AGAMA (Studi kasus di Dusun Bangkok Desa Klampisan Kecamatan Kandangan) https://jurnal.iaih.ac.id/index.php/JURIH/article/view/792 <p><em>Marriage is a form of agreement that a person binds himself to his partner to make their relationship legal. However, the reality is that in society there are marriages that are not accepted, namely marriages between different religions, which result in obstacles in the implementation of these marriages. This research uses a qualitative approach with a case study type of research that occurred in Kediri Regency. Source taken from an informant in an interfaith marriage. Data collection techniques use participatory observation techniques, structured interviews, and documentation. Data analysis starts from data reduction, data presentation, and drawing conclusions. Meanwhile, checking the validity of the data uses extended observation, increasing persistence, triangulation, negative case analysis, using reference materials, holding member checks. The objectives of this research are (1) To determine the implementation of interfaith marriages in Indonesia. (2) To analyze the factors that become obstacles in carrying out interfaith marriages in Indonesia (3) To explain the government's efforts to guarantee citizens in carrying out interfaith marriages. The results of this research show that firstly, the implementation of marriage as a sacred bond between a man and a woman cannot be separated by nature, but from a legal aspect there must also be a basis as a foundation for building a marriage bond. The second factor that is an obstacle in carrying out interfaith marriages is that people do not fully understand the flow of the interfaith marriage process, especially for prospective brides and grooms who do not understand access to the requirements and flow of interfaith marriages via social media. Third, there is the government's efforts to guarantee that citizens can marry between different religions.</em></p> Arianto Muhammad Muhajirin Copyright (c) 2023 Arianto, Muhammad Muhajirin https://creativecommons.org/licenses/by-nc/4.0 2023-11-30 2023-11-30 2 1 1 23 REVITALISASI NILAI MITSAQAN GHALIDZA KELUARGA POLIGAMI DALAM PLURALISME HUKUM KELUARGA DI ERA DISRUPSI https://jurnal.iaih.ac.id/index.php/JURIH/article/view/798 <p><em>Miṡaqan Ġaliẓa as the principle of marriage in Islam, which in the modern era of its sacredness is fading, disrupted or even unknown to each couple. So that many marriages are carried out according to Islamic law but the essence of the teachings is abandoned. As&nbsp; a result, the illegal polygamy rate continues to increase among Muslim families in Indonesia and one of the triggers for the illegal polygamy is due to 4.0 era . This type of research is descriptive-analytic that is describing the facts of illegal polygamy that are happening now (Era of disruption) among Muslim families in Indonesia, then analyzed why this phenomenon can occur in terms of the Miṡaqan Ġaliẓa perspective as the principle of marriage in Islam. The results of this study conclude that the high illegal polygamy rate because of infidelity on social media is due to several things. First, cultural shifts that are increasingly open; Second, decreasing the meaning and value of marriage and Third, lack of understanding of polygamy regulations religion.</em></p> Nina Agus Hariati Copyright (c) 2023 Nina Agus Hariati https://creativecommons.org/licenses/by-nc/4.0 2023-11-30 2023-11-30 2 1 24 39 PERGOLAKAN HADITS KAUM MODERNIS : Studi Komparatif Pemikiran Abu Royyah, Ahmad Amin, dan Musthafa Al-Siba’I https://jurnal.iaih.ac.id/index.php/JURIH/article/view/794 <p><em>There is no problem with Muslims' belief in the position and authenticity of the Hadith or Sunnah during the time of the Prophet SAW, because if they find something that is doubtful or unclear, they can immediately confirm it with the Prophet SAW. This is different from the time after his death until now, the problematic nature of Hadith has become such that it has led to the opening of the veil to see its existence as a religious authority. As was done by Ahmad Amin in his book Fajr al-Islam, which criticized several things about Hadith. According to him, the originality of the Hadith after the death of the Prophet SAW is questionable. Meanwhile Musthafa al-Siba'i countered Ahmad Amin's thoughts by presenting historical evidence of the originality of Hadith. In Musthafa al-Siba'i's view, Ahmad Amin's criticism of Hadith was not based on strong arguments, in fact the arguments he built were more assumptive, generalized and textual. According to Mahmud Abu Rayyah, the debate about Hadith actually makes a valuable contribution to the study of Islamic thought, especially the study of Hadith. He criticized friends' integrity which needed to be reconsidered, because there were many factors and past problems that had not been revealed. Therefore, he does not want the study of Islamic studies to stop and become stagnant and give the impression that it is out of date. He wants the Islamic religion with several scientific studies to continue to exist in the circulation of time (Salihun likulli Zamanin wa makanin).</em></p> Arianto Abdur Rouf Hasbullah Copyright (c) 2023 Arianto, Abdur Rouf Hasbullah https://creativecommons.org/licenses/by-nc/4.0 2023-11-30 2023-11-30 2 1 40 61 DILEMA KONSTITUSI SEBAGAI PELINDUNG HAM DAN HAK-HAK WARGA NEGARA DI INDONESIA https://jurnal.iaih.ac.id/index.php/JURIH/article/view/796 <p><em>Power tends to corrupt. If there is no law that can limit this power, there will be abuse of authority and the arbitrariness of this power, if left unchecked, will give birth to authoritarian rulers. The Constitutional Court's decision regarding the age of the vice presidential candidate in the 2024 election gave the public a surprise. The Constitutional Court should be needed to limit the power of state leaders to prevent arbitrariness of power. This great desire to limit power that has the potential to have a central position is what makes the constitution the embodiment of the highest law that must be obeyed by the state and government officials so that the state does not deviate from its function and role in state life. The role of the constitution as a protector of human rights and the rights of citizens is in line with the objectives of the state stated in the Preamble to the 1945 Constitution, paragraph 4. The role of the constitution as a protector of human rights and the rights of citizens is stated in many articles, one of which is UUD No. 39 of 1999 which discusses human rights, then there are Articles 28A-28J of the Constitution, and others. This research uses qualitative research with a literature study approach. The method is carried out by exploring sources that are used for discussion, for example sources that become theories, then analyzed and conclusions drawn based on the formulation of the problem being studied.</em></p> Robby Patria Maulida Mustado Dody Irawan Thalia Nanda Copyright (c) 2023 Robby Patria, Maulida Mustado, Dody Irawan, Thalia Nanda https://creativecommons.org/licenses/by-nc/4.0 2023-11-30 2023-11-30 2 1 62 73 IMPLEMENTASI DONATION CROWD FUNDING DI INDONESIA https://jurnal.iaih.ac.id/index.php/JURIH/article/view/797 <p><em>The rise in cases of misuse of crowdfunding donations by organizers is interesting for further study. This article aims to answer the question: what is the regulatory framework for crowdfunding donations and how is it implemented in Indonesia. This research is normative juridical research, in the sense that the research was carried out by examining the main legal materials for research, by exploring related regulations and literature, and analyzing using Friedman's Legal System Theory approach. The results of this research show that the regulatory framework for crowdfunding donations is spread across a number of regulations: Law Number 9 of 1961 concerning the Collection of Money or Goods, Foundation Law No. 28 of 2004, POJK Number 77/POJK/01/2016 concerning Technology-Based Money Lending and Borrowing Services Information on Government Regulation No. 29 of 1980 concerning the Implementation of Donation Collection. These regulations do not yet specifically regulate crowdfunding donations, the rights of the parties in crowdfunding donations. Meanwhile, the implementation of donation crowdfunding shows that, structurally, law enforcement officers for donation crowdfunding are still very limited, namely civil servants appointed by the Ministry of Social Affairs. This institution is very limited and its role is not yet visible in society. Culturally, there needs to be socialization regarding the working procedures for crowdfunding donations so that people's rights are protected, and regulatory wise it is necessary to revise Law no. 9 of 1961 concerning the Collection of Money and Goods, and harmonization of related regulations.</em></p> Ilham Mashuri Azza Kusuma Ningrum Copyright (c) 2023 Ilham Mashuri, Azza Kusuma Ningrum https://creativecommons.org/licenses/by-nc/4.0 2023-11-30 2023-11-30 2 1 74 87 AKIBAT HUKUM PUTUSAN MAJLIS HAKIM YANG DITOLAK OLEH PEMOHON PERCERAIAN SEBELUM IKRAR TALAK (ANALISIS PUTUSAN : 3693/Pdt.G/2019 Di Pengadilan Agama Kabupaten Kediri) https://jurnal.iaih.ac.id/index.php/JURIH/article/view/801 <p><em>This study aims to analyze the implementation of the pledge of divorce in religious court decisions regarding alimony madliyah, Iddah, Mut'ah. Divorce is a legal act that will certainly bring certain legal consequences. Divorce can occur because of a divorce from the husband or a divorce suit filed by the wife, the Court can oblige the former husband to provide livelihood costs and or determine an obligation to his former wife. The obligations of the former husband are in the form of madliyah maintenance, mut'ah maintenance, iddah maintenance (if the wife is not nusyus) and maintenance for children. The implementation of the pledge of divorce related to the obligation to provide maintenance for the former husband before the pledge of divorce is not regulated in the law, but in practice the judge always tries to make the former husband carry out his obligations, namely providing maintenance for the former wife before the pledge of divorce is read. This research is normative juridical research. The results showed that the implementation of the pledge of divorce related to nafkah which has permanent legal force, the judges of the Kediri Regency Religious Court always anticipate by requiring the former husband to provide madliyah, iddah, mut'ah to the former wife before the pronunciation of the pledge of divorce. In the practice of the pledge of divorce, the panel of judges provides room for agreement for husbands and wives even though the rules of the husband are obliged to a number of judicial decisions that have been imposed before the pledge of divorce.</em></p> Daimul Hidayah Copyright (c) 2023 Daimul Hidayah https://creativecommons.org/licenses/by-nc/4.0 2023-12-02 2023-12-02 2 1 88 105 TAKHARUJ; SOLUSI SYAR’I PEMBAGIAN WARIS SECARA DAMAI https://jurnal.iaih.ac.id/index.php/JURIH/article/view/802 <p><em>Inheritance law is the law that regulates the transfer of inheritance rights (tirkah) of heirs, determining who has the right to be an heir. Inheritance is basically a sharia whose legal provisions are manshus (determined directly by al-Shari' in the Koran). However, the reality in Indonesian Muslim society in particular is that, for whatever reason, inheritance law is rarely used. The majority of Indonesian Muslim communities tend to divide inheritance assets equally between heirs. At this level, there needs to be a bridge between the provisions of the text and inheritance practices in society. Efforts are needed so that, even if only in writing, the tirkah as the deceased's inheritance is distributed according to the rules of Islamic law. According to the author, the concept of takharuj has the urgency to play a role as a bridge between the practical realm of dividing inheritance equally but still prioritizing the rules for dividing inheritance based on sharia. Takharuj is peace between the heirs with the condition that some of them are willing to give up their share of the inheritance in exchange for certain things from the inheritance or other things, by first dividing the tirkah into fardh (definite portion), then the share/quota of the person who leaves is thrown away. /discarded from the origin of the problem or aul in exchange for disposing of or reducing the takharuj portion of the tirkah.</em></p> Muhammad Adib Hamzawi Copyright (c) 2023 Muhammad Adib Hamzawi https://creativecommons.org/licenses/by-nc/4.0 2023-12-02 2023-12-02 2 1 106 122