El-Qenon: Journal of Islamic Law

Penetapan Wali Terhadap Anak Hasil Nikah Hamil di KUA Kledung

M. Rohiq — 2025-10-30

Marriage is a sunnatullah (natural law) prescribed for humans to fulfill biological needs and clarify lineage. A legitimate marriage results in children who have a recognized legal status. On the other hand, an illegitimate marriage results in children who have the status of out-of-wedlock children, whose civil rights follow the mother and her family. In a legitimate marriage, one of the essential requirements is the presence of a guardian; a marriage without a guardian is invalid. According to Islamic jurisprudence, a legitimate child is one born at least six months after marriage or within the waiting period (iddah) of four months and ten days after the marriage ends. This paper aims to understand how marriage guardianship is determined for children born from marriages that occurred after pregnancy in Kledung Religious Affairs Office (KUA) and to analyze the legal basis considered in determining the marriage guardian for children born from marriages following pregnancy in Kledung KUA. If a child is born from a marriage that took place less than six months after the marriage, the parents' marriage certificate is examined and compared with the birth certificate of the prospective bride. If it is proven that the prospective bride was born in less than six months, the guardian is automatically designated as the state-appointed guardian (wali hakim). If the child wants to marry and their father cannot serve as the marriage guardian, the guardian will be designated as the state-appointed guardian. This designation is in accordance with the principles of Shari'ah, which aim (maqashid) to protect lineage. Therefore, the view from the perspective of maqashid Shari'ah is considered to provide significant benefits (maslahah) to the Muslim community.

Analisis Pemikiran Hukum Islam Terhadap Pernikahan Khuntsa Musykil

Ibadurrohman Ibadurrohman — 2025-10-30

Khuntsa in the perspective of islam is grouped into two kinds. The first is the khuntsa which is contemporarily known as khuntsa ghair musykil, whose genital can be distinguished as male or female. While the second one is a khuntsa musykil who has double genitals that cannot be distinguished as male or female. As a human being, khuntsa has biological needs to be fulfilled. Islam gives the syariat of marriage as a place to fulfill the biological desire. However the problemis how the assurance of the marriage law for the khuntsa. How is the perspective of the Islamic Law philosophy of the khuntsa marriage and how its application in Indonesia as well? This research answers the problem with normative, sociological and psychological approach. The data is collected by reading the relevant literatures and as the addition is by interviewing. The research concludes that generally those transgenders want to legally get married as the syariat however the Syara hints to forbid and even condemn the relation or the marriage of the same sex. The marriage of khuntsa must be regulated legally through the state legislation to validate the marriage in accordance with Islamic Syariat and marriage law in Indonesia. The application of khuntsa marriage law in Indonesia is very possible, because the Islamic law has became the sub system of constitution

Distribusi Zakat Fitrah Secara Merata Dalam Pespektif Sosiologis

Mohammad Abdul Munjid — 2025-10-30

The distribution of zakat is carried out in accordance with the provisions of Allah as stated in the holy book of the Qur'an and the Sunnah of the Prophet. These provisions become the applicable law in Islam. However, there are certain communities that do not adhere to Allah's provisions in their practice of zakat fitrah. This is a legal phenomenon that occurs within society, especially in the Islamic community. The practice of distributing zakat fitrah at Masjid Baitussalam in the Belangan Hamlet is done uniformly to the entire community without distinguishing the mustahiq (recipients of zakat). This, of course, presents a problem. The research problem in this study is as follows: (1) How is the practice of distributing zakat fitrah conducted at Masjid Baitussalam in the Belangan Hamlet? (2) What is the sociological analysis of the practice of distributing zakat fitrah at Masjid Baitussalam in the Belangan? This research is a field study using a Historical-Sociological and qualitative method. The data collection techniques used are interviews and observations. After the data is collected, it is analyzed using an inductive method with a sociological approach. From this research, it can be concluded that: (1) The equal distribution of zakat fitrah at Masjid Baitussalam in the Belangan Hamlet, while not permissible in principle, is done by the community due to social jealousy factors and to ensure that zakat is distributed quickly. (2) The use of zakat leftovers at Masjid Baitussalam in the Belangan Hamlet Village is not permissible in Islamic law because often those who receive it are not eligible zakat recipients. However, because it has been done traditionally by the community for generations, it has become a cultural factor. The committee distributes the zakat leftovers with the intention of quickly depleting the remaining zakat.

Implementasi Undang-Undang Nomor 41 Tahun 2004 Tentang Wakaf Di Kecamatan Pringsurat

Sholeh Kurniandini — 2025-10-30

From this fundamental issue, some of the purposes of this research were found, among them to evaluate the implementation of the Law 41 of 2004 on Wakaf in Pringsurat district. The research uses qualitative descriptive research methods, i.e., a strategy for collecting information from the source field which is subsequently presented in the form of a detailed and original story from the interview that is obtained and then performed interpretation of the data, as well as using other documents as a supplement. The sources used in this research are primary and secondary. The results of this study indicate that the implementation of Law No. 41 of 2004 on Wakaf in Pringsurat district was hampered by a lack of understanding of the law and its functions. Many societies are unaware of the law and its implications so vulnerable to conflict between heirs and society. Pringsurat has proposed a number of measures to improve the implementation of the law and its functions, among others, the appointment of KUA officers, socialization of the basic duties and functions of the Nazhir, assistance of the service on the setting up and administration of the Wakaf

Sesajen dalam Prosesi Pernikahan

Yuni Setya Hartati — 2025-10-30

The issue examined in this study is the meaning embedded in the tradition of offerings (sesajen) in weddings in Banjarsari Village. This research employs a qualitative method, with data collection techniques including observation, interviews, and documentation. The data analysis technique involves organizing the data gathered in the field, with the objective of finding answers to the research questions. The findings reveal that the tradition of offerings in weddings has existed since ancient times and is a cultural practice passed down from ancestors to future generations. The meaning of offerings includes gratitude (tasyakuran) and is believed to bring smoothness or serve as a safeguard (tolak bala) during weddings. It also expresses thanks to those who have helped in the wedding ceremony, such as shamans, rice preparers, and those who make the offerings, which are placed in various locations.

Konsep Taukil Wali Nikah dalam Kitab Fiqih Ala Mazahibil Arba’ah Karya Syeikh Abdurrahman al-Jazairi

Nashih Muhammad — 2025-10-30

Taukil or al-wakalah is the act of handing over one's affairs to another person (deputy) to carry out a certain task or business. Then, the representative takes the position of representing (muwakkil) the rights and obligations that apply as long as the muwakkil is still alive. Islamic jurisprudence experts agree that taukil wali is valid and permissible because it aims to help and support each other based on the values of goodness and piety. Wali Mujbir can represent the marriage contract either with or without the permission of his daughter, while women who are widows cannot be forced to do so. The representative must declare himself as a representative of the representing party. The requirements for a representative are to be male, Muslim, mature, independent and fair (not wicked). Three schools of thought argue that Taukil is carried out by the guardian, either mujbir or ghiru mujbir. Meanwhile, the Hanafi School believes that taukil can be performed by women who have reached puberty, whether they are still virgins or widows. Three schools of thought state that representatives must obtain permission from the woman, except the Maliki school of thought which does not require permission

Dispensasi Umur Pernikahan

Sarkanto Sarkanto — 2025-10-30

Marriage that occurs at too young an age can pose certain risks, such as domestic violence. Law Number 1 of 1974 on Marriage stipulates that the minimum age for marriage is 19 years for men and 16 years for women. However, in special situations, such as premarital pregnancy, an age dispensation for marriage may be granted to couples who have not reached the minimum age set by law. This paper aims to examine the istishlah (public interest) perspective on the minimum age for marriage according to positive law and the Compilation of Islamic Law. It also explores the perspective of istishlah on the dispensation of marriage age. The research method used in this paper is library research, where the study is conducted by gathering data or scholarly literature related to the topic. In-depth analysis of the research object is carried out through critical examination of relevant sources, focusing on addressing fundamental issues. Considerations of maslahah mursalah (unrestricted public interest), which emphasize benefits and the avoidance of harm, are central. In Islamic law, the minimum marriage age can vary depending on the social and cultural context, as Islam does not explicitly set a minimum age. However, the minimum age in the Compilation of Islamic Law (KHI) is determined based on considerations of public welfare and the prevention of harm. The granting of marriage dispensations prioritizes the avoidance of harm over the pursuit of certain family benefits or welfare.