El-Qenon: Journal of Islamic Law

Dampak Pernikahan Dini dalam Perspektif Medis, Psikologis dan Sosiologis

M. Rohiq — 2025-08-28

Marriage is a physical and spiritual bond that unites a man and a woman based on the desire to have offspring and establish a family. Essentially, marriage is undertaken by individuals who have attained maturity in physical, psychological, and economic aspects. However, in Indonesia, approximately 12–20% of marriages still occur without adequate readiness in areas such as physical health, financial stability, and knowledge about household life.This article employs a qualitative and descriptive research method to explore in greater depth early marriage and its relation to reproductive health. Early marriage is generally undertaken by individuals under the age of 19, who are typically not yet prepared in various aspects of marital life. This condition potentially impacts reproductive health, both for women and men. Therefore, it is crucial to have thorough preparation in various aspects before entering marriage, in order to avoid the negative medical, psychological, and sociological consequences of early marriage.

Tradisi Tiban Minta Hujan dalam Kajian Antropologi

Eka Mahargiani — 2025-09-02

This study examines the Tiban ritual (a traditional rain-invoking ceremony) from an anthropological perspective, with a case study in Kemiriombo Village, Gemawang Subdistrict, Temanggung Regency. The Tiban ritual is understood by the local community as a spiritual and cultural effort to invoke rainfall. The objective of this research is to describe the process of performing the Tiban ceremony and to analyze it through an anthropological lens. This is a field-based qualitative research. Data were collected through interviews, observation, and documentation, supported by primary sources such as local archival records, books, and academic journals. The data were analyzed using descriptive qualitative methods, focusing on the symbolic meanings and sociocultural functions embedded within the Tiban tradition.The findings reveal that the Tiban ritual in Kemiriombo Village is not merely a means of requesting rain, but also reflects the belief system, social relationships, and local wisdom of the community. From an anthropological standpoint, this tradition embodies a synthesis of magical, symbolic, and functional elements that foster communal solidarity and environmental harmony.

Pengajuan Nikah pada Masa Iddah

Zainal Arifin — 2025-09-02

The administrative application for marriage intent is submitted to the Office of Religious Affairs (KUA) in the area where the marriage is to be conducted. This study is motivated by the phenomenon of marriage applications submitted by women who are still in their iddah period, which raises issues within the Islamic community. The purpose of this study is to identify the underlying motives behind such applications and to analyze the implementation of the Compilation of Islamic Law (KHI) concerning marriage applications during the iddah period at the KUA of Kandangan District. This research employs a descriptive qualitative method, with data collected through interviews with relevant parties. The gathered data were analyzed in stages to derive relevant conclusions.

The findings reveal that the motive behind marriage applications during the iddah period, according to the officials at the KUA of Kandangan District, includes the prolonged separation between husband and wife prior to the legal divorce process. Divorce proceedings are often delayed and not initiated immediately after separation, leading to the assumption that the iddah period has passed socially, although not yet legally. Additionally, some members of the community lack adequate understanding of the legal provisions regarding the iddah period, both under Indonesian law and Islamic teachings. In its implementation, the KUA of Kandangan District rejects any marriage application if it is found that the prospective bride is still in her iddah period, as regulated by the KHI.

Kiritik terhadap Bimbingan Perkawinan bagi Calon Pengantin dalam mewujudkan Keluarga Sakinah Mawaddah wa Rahmah

Mohammad Abdul Munjid — 2025-09-02

Premarital counseling for prospective couples is essentially a guidance program organized by the Office of Religious Affairs (KUA) as a preparatory framework for engaged couples before entering marriage. This study is a field research project. The methods used in this study include document analysis and interviews with several informants directly involved in the implementation of the premarital counseling program. The data sources in this study consist of field data and primary data, such as archives related to premarital counseling at the KUA of Kledung Subdistrict, as well as additional references including books, journals, and legal regulations.The results of the study indicate two main findings. First, the technical implementation of premarital counseling at the KUA of Kledung Subdistrict consists of two stages: (1) the pre-implementation stage, which involves planning activities; and (2) the implementation stage, in which the counseling sessions are conducted outside the KUA office of Kledung Subdistrict.

Second, there are several challenges in the implementation of the premarital counseling program at KUA Kledung, including: the relatively short duration of the counseling, limited resources at the KUA, lack of individualized approaches, absence of family involvement, insufficient monitoring and evaluation, limited materials on personal development and conflict resolution skills, and the low frequency of comprehensive counseling sessions.

Penyelesaian Wali Adhal dalam Perspektif Istishlah

Suharto Suharto — 2025-09-02

This study discusses the settlement of unwilling guardian cases from the perspective of istishlah with a case study in KUA Bejen District, Temanggung Regency. Wali adhal occurs when the marriage guardian refuses to marry the bride, which can hinder the marriage contract. Using a descriptive qualitative method through interviews, observations, and literature studies, the study found that the KUA handled this case through administrative examinations, summoning guardians, mediation, tabayun, and delegation to the Religious Court to determine guardian judges. This process aligns with the principle of istishlah or mashlahah mursalah, which emphasises the benefit, justice, and convenience for the ummah as reflected in the Qur'an. Thus, the mechanism implemented by the KUA is not only based on Islamic law and positive law in Indonesia but also oriented towards protecting women's rights and social welfare.

Fenomena Pemberian Hibah Kepada Anak Kandung dalam Perspektif Maqashid Asy-Syariah

Braham Maya Baratullah — 2025-09-02

This study aims to examine and understand the legal provisions regarding the donation (hibah) of land from parents to their biological children, the implementation of such donations, and the driving factors behind them from the perspective of Maqashid al-Sharia. The research employed a normative approach by analyzing Islamic legal sources, including the Qur’an, Hadith, the Compilation of Islamic Law (KHI), as well as relevant statutory regulations. To enrich the data, interviews were also conducted with several hibah practitioners in Gunungsari Village. The findings indicate that the legal provisions for donating land to biological children are clearly regulated in both Islamic law and positive law, with implementation generally following local traditions. The driving factors include considerations of family welfare, early distribution of inheritance, and efforts to maintain kinship ties. From the perspective of Maqashid al-Sharia, such hibah aligns with the objectives of the Sharia, particularly in preserving wealth (hifzh al-mal) and maintaining family bonds (silaturahim

Jama' dan Qadha Shalat Bagi Pengantin Ditinjau Dari Maqashid Asy-Syariah dalam Madzhab Syafi`i

Ibadurrohman Ibadurrohman — 2025-09-02

This study aims to identify the regulations regarding jama’ and qadha prayers, as well as to understand the legal rulings on jama’ and qadha prayers for newlywed couples from the perspective of maqashid al-shariah. The study adopts a qualitative method with a library research approach.Several scholars of the Shafi’i school permit the performance of jama’ prayers due to a necessity (hajah), provided it does not become a habit, as explained in Sharh Muslim by Imam al-Nawawi. This opinion is also expressed by Ibn al-Mundhir, Ibn Sirin, Ashhab, Imam al-Khattabi, and al-Syasyi al-Kabir. In addition, Shaykh Alwi Ahmad Saqqaf refers to the opinion of Sayyid Yusuf al-Batthakh. Furthermore, based on the principle of maqashid al-shariah, particularly the preservation of religion (hifzh al-din), Allah Almighty, in prescribing the law, always considers human capability and grants ease in times of hardship. For a person who is legally accountable (mukallaf) but neglects the prayer without a valid excuse not due to forgetfulness or sleep it is considered sinful, and they are obliged to immediately perform the qadha prayer. The opinions of these scholars are documented in Fath al-Mu’in, authored by Zainuddin bin Abdul Aziz al-Malibari al-Fannani