CLJ: Celestial Law Journal <p><strong>CLJ: Celestial Law Journal, <a href="">2987-2529 (Online - Elektronik)</a></strong>is a scientifically reviewed journal published by the Islamic Family Law Study Program, Faculty of Islamic Religion, Sunan Giri University, Surabaya, Indonesia. Published twice a year in April and October. Journals are research articles (quantitative or qualitative research approaches), literature studies or studies that are seen as contributing to the development of Law and Fiqh.</p> id-ID (Aris Nurullah) (Aris Nurullah) Tue, 25 Apr 2023 00:00:00 +0000 OJS 60 MITOS LARANGAN NIKAH LUSAN ADAT JAWA PERSPEKTIF HUKUM ISLAM DI DESA RECO KECAMATAN WAGIR KABUPATEN MALANG <p><strong><em>Abstract</em></strong></p> <p><strong><em> </em></strong></p> <p><em>Marriage is a common sunatullah and applies to every creature, marriage is also one of the phases of life that is commonly carried out by every human being who has reached puberty (ready to be born and inner heart). The Javanese are known as people who always adhere to their cultural customs, one of the most prominent of which is in terms of marriage. In Reco Village, Wagir Sub-district, Malang Regency, there is a ban on late marriages. namely ketelu children with kepisan children (boys are the first and girls are third) or vice versa. The people of Reco believe that when the ban on marriage for lusan besan is violated, the bride and groom or even the families of the two will face many trials. </em></p> <p><em>For example, the death of one partner, or even the parents of the couple can die, and there will be a family relationship or husband and wife who do not get along. These myths are still very much attached to the beliefs of the local community. So, this article would like to point out that, first, what are the myths that influence the observance of the prohibition on marriage after the day after marriage. Second, what is the view of Islamic law on the prohibition of late marriages in Reco Village, Wagir District, District Malang.</em></p> <p>Keyword : <em>Lusan married, Islamic law, tradition.</em></p> Zain Alwi Arafat, Muhammad Rafif Waliuddin Hak Cipta (c) 2023 Celestial Law Journal Tue, 25 Apr 2023 00:00:00 +0000 KEDUDUKAN ANAK HASIL POLIGAMI PERNIKAHAN SIRI TERHADAP WARIS DAN PERWALIAN DITINJAU KOMPILASI HUKUM ISLAM DAN BURGERLIJK WETBOOK <p><strong>Abstract</strong></p> <p><em>Marriage is a process of binding sacred promises between men and women, it is a sacred and noble worship. </em></p> <p><em>Marriage should not be done haphazardly because this is the longest form of worship and can be preserved until death do us part. </em></p> <p><em>Marriage is a sacred thing so it cannot be done because of coercion from one of the parties. Marriage and children (descendants) are 2 things that are attached to each other, in a marriage one must expect the presence of offspring to complete happiness. Sometimes in hereditary marriages it is often a serious problem, in marriage the husband wants offspring while the wife cannot give offspring according to the husband's wishes, so the solution taken by the husband is by marrying again (polygamy) in a siri or legal manner. Polygamy is also regulated in Article 3 paragraph (2) of the Marriage Law "the court can give permission to a husband to have more than one wife if the parties concerned want". Polygamy is a marriage in which one party has or marries several of the opposite sex at the same time. In a siri marriage, of course, there are many pros and cons, especially regarding the position of the child from the marriage. However, children's rights have been mentioned in article 4 to article 18 of the Constitution no. 23 of 2022 concerning child protection which was later amended by Law no. 35 of 2004 in which one of his rights is to know his parents. This is contained in Article 7 of the Law which states that "every child has the right to know his parents, to be raised and cared for by his own parents".</em></p> <p><em> </em></p> <p><em>Keywords: Polygamy, Siri Marriage, Inheritance, Guardianship, KHI, BW</em></p> Nur Fitriyatun Nisa, Indah Sukmawati Hak Cipta (c) 2023 Celestial Law Journal Tue, 25 Apr 2023 00:00:00 +0000 Karakteristik Memilih Pasangan Dalam Ta’aruf Sebagai Upaya Membangun Keluarga Sakinah <p><strong>Abstract</strong></p> <p> </p> <p><em>Choosing a partner in Islam has been given a guide, namely by ta'aruf. In Islam, ta'aruf is a process of getting to know the character of a potential partner for the next as a basis for choosing a partner. So the impact of correct ta'aruf is when you become a family, your family will be sakinah.</em></p> <p><em> </em></p> <p><em>Keywords: Choose, ta'aruf, sakinah</em></p> Rofiq Abidin, Syafa Ediana Putri Hak Cipta (c) 2023 Celestial Law Journal Tue, 25 Apr 2023 00:00:00 +0000 Hukum Menikahkan Anak Perempuan Luar Nikah Oleh Ayah Biologisnya Menurut Imam Syafi’i <p><strong><em>Abstract</em></strong></p> <p><em>Current phenomenon. There are many cases of marrying off daughters out of wedlock by their biological fathers, one of the factors being that the girl's parents do not inform them that the child is out of wedlock (adultery). The madzab priests (Hanafi, Maliki, Hanbali, Syafi'i) have different opinions about the law of marrying off daughters by their biological fathers. </em></p> <p><em>The research objective to be achieved in this journal is how the law of marrying girls out of wedlock by their biological father according to Imam Syafi'i.</em></p> <p><em>Imam Syafi'i is of the opinion that the legal marriage of a daughter by her biological father is invalid. If, a woman and a man are married and a child is born alive and in full shape before six months, at the same time if a child is born after the age of marriage is more than six months but the woman knows that the child exists before the marriage takes place, then the child it cannot be linked by lineage on behalf of his biological father.</em></p> <p><em>The focus of this study is on how Imam Syafi'i thinks about the law of marrying girls out of wedlock by their biological fathers.</em></p> <p><em>&nbsp;</em></p> <p><em>Keywords: Marriage, Jurisprudence, Positive Law</em></p> Masfufah, Siti Himmatul Masfufah Hak Cipta (c) 2023 Celestial Law Journal Tue, 25 Apr 2023 00:00:00 +0000 Hukum Pengangkatan Anak Dalam Pemberian Harta Peninggalan Pewaris Perspektif Kompilasi Hukum Islam Dan Hukum Perdata <p><strong>Abstract</strong></p> <p><em>Adopted children often do not get inheritance rights from their adoptive parents. The Civil Code (KUHPerdata) does not provide the slightest room for adopted children to inherit directly or absolutely. This condition makes it seem as if the child has been abandoned from the family that raised him. This situation shows the absence of legal protection, legal justice plus legal certainty regarding children's rights to the inheritance of their adoptive parents. In Islamic law, adopted children are given the right to the inheritance of their adoptive parents through mandatory wills. This research is a descriptive analysis research that leads to normative legal research, with a systematic legal research approach. Based on the results of the study, it was found that in the Civil Code there is no term adopted child or adopted child. Regulations regarding adopted children can only be found in the Staatsblad of 1917 Number 129 of 1917 concerning Adoption of Children which is a complement to the Civil Code, because in the Civil Code there are no regulations governing adopted children. According to Islamic law, parenting is only intended for maintenance, not changing the child's lineage so that it changes its status to an adopted child. That the adopted child can inherit from his adoptive parents, but the important thing is not to harm other existing heirs. An adopted child who is adopted orally cannot inherit from the person who adopted him, but can be given a testamentary grant that does not deviate from the absolute share. Whereas in Balinese Hinduism, adopted children have the same position as biological children. Based on these provisions, adopted children have the right to inherit from the inheritance of their adoptive parents. In the view of Balinese Hinduism, the amount of inheritance received by an adopted child is the same as that received by a biological child.</em></p> M.Sakinatus Shofro, Ulfi Nabilah Nafsah Hak Cipta (c) 2023 Celestial Law Journal Tue, 25 Apr 2023 00:00:00 +0000 Analisis Hukum Batas Umur Untuk Melangsungkan Perkawinan Dalam Perspektif UU No. 16 Tahun 2019 Tentang Perubahan Atas Atas Undang- Undang Nomor 1 Tahun 1974 Pentang Perkawinan <p><strong><em>Abstrak</em></strong></p> <p><em>Marriage is a bond of loyalty between husband and wife in which there is a responsibility from both parties. The promise of faithfulness that is spoken is a form of great courage for someone when deciding to get married. Marriage based on mutual love, affection, respect, sacrifice is a gift for every human being in this world.</em></p> <p><em>The readiness of each partner to run a new life is the most important factor for carrying out all their psychological and biological needs. Therefore, every couple who plans to get married need to understand the ways determined by religion and the legal provisions that apply in their country.</em></p> <p><em>The research used is normative legal research that examines written law from various aspects, namely aspects of theory, history, philosophy, comparison, structure, scope and material, consistency, general explanation, and article by article.</em></p> Machabbah Hidayatul Ummah, Lailatul Mukaromah, Nurus Shova Hak Cipta (c) 2023 Celestial Law Journal Tue, 25 Apr 2023 00:00:00 +0000 WOMEN'S HERMENEUTIC STUDY AUTHORITIVE <p><em>Abstract</em></p> <p>&nbsp;</p> <p><em>Islam is a religion that upholds the dignity and dignity of every person without distinguishing gender, both men and women. Inequality of social roles based on gender (gender inequality) is considered as divine creation, everything comes from God. In contrast to the perceptions of feminists who consider inequality solely as a social construction. The imbalance of social roles based on gender is still maintained under the pretext of religious doctrine. Religion is involved in preserving conditions where women do not consider themselves to be equal to men. It is not impossible that behind this theological 'awareness' there is anthropological manipulation aimed at establishing a patriarchal structure, which generally harms women and only benefits certain classes in society. As a result of understanding the texts of the Word of God and the prophets' hadiths that are not precise and are classical in nature, they are unable to answer the dynamics of the times and tend to bring about social inequality. Based on the shift in the paradigm, Khaleed Abou El Fadl and Amina Wadud tried to change the understanding that had strayed far from the Al-Qur'an award for women.</em></p> <p><em>Keyword : Hermeneutic, Women, Fiqh, Khaleed Abou El Fadl, Amina Wadud</em></p> aris nurullah Hak Cipta (c) 2023 Celestial Law Journal Tue, 25 Apr 2023 00:00:00 +0000