Pub Date : 2023-02-15DOI: 10.22373/hadhanah.v3i1.2132
Arifin Abdullah, Lispaini Lispaini
This research is motivated by the problem of Waqf Land which has been built by the Religious Affairs Office in Teladan Baru Village, Rundeng District, Subulussalam City, which one of its heirs wants to take back, due to personal interests. So researchers are interested in researching, how are people's perceptions of waqf land in Teladan Baru Village, Rundeng District, Subulussalam City and what are the provisions of Islamic Law regarding Waqf Land Reclaimed by Heirs in Teladan Baru Village, Rundeng District, Subulussalam City. The research method used in the preparation of this thesis is field research and interviews. The results in this study are the public's perception of the land donated by Pak Udin, so the community does not agree if the heirs take back the waqf land because the waqf land is still being used properly and properly, so there is no strong reason for the heirs take the waqf land again. However, the scholars of the Imam school of thought differ in terms of understanding the waqf itself, Imam Abu Hanifah is of the opinion that the assets that have been donated remain the property of the person who has made the endowment and may be withdrawn. Imam Maliki may give waqf for a certain period of time, and when the specified period passes, it is permissible for the person giving the waqf to take back the property that has been donated. Imam Syafi'i is of the opinion that the assets that have been donated are completely independent of the beneficiary who has donated them, and belong to Allah. And the Hambali school says that the waqf releases the waqf property from the ownership of the waqf property. So the Waqf Land that has been donated in Teladan Baru Village, may not be taken back by the heirs with the opinion of the previous scholars and with the reason that the heirs are not acceptable to the community and the Ministry of Religion.
{"title":"Tinjauan Hukum Ilslam Mengenai Tanah Wakaf Yang Diambil Kemabli Oleh Ahli Waris (Studi Kasus di Desa TEladan baru Kecamatn Rundeng Kota Subulussalam)","authors":"Arifin Abdullah, Lispaini Lispaini","doi":"10.22373/hadhanah.v3i1.2132","DOIUrl":"https://doi.org/10.22373/hadhanah.v3i1.2132","url":null,"abstract":"This research is motivated by the problem of Waqf Land which has been built by the Religious Affairs Office in Teladan Baru Village, Rundeng District, Subulussalam City, which one of its heirs wants to take back, due to personal interests. So researchers are interested in researching, how are people's perceptions of waqf land in Teladan Baru Village, Rundeng District, Subulussalam City and what are the provisions of Islamic Law regarding Waqf Land Reclaimed by Heirs in Teladan Baru Village, Rundeng District, Subulussalam City. The research method used in the preparation of this thesis is field research and interviews. The results in this study are the public's perception of the land donated by Pak Udin, so the community does not agree if the heirs take back the waqf land because the waqf land is still being used properly and properly, so there is no strong reason for the heirs take the waqf land again. However, the scholars of the Imam school of thought differ in terms of understanding the waqf itself, Imam Abu Hanifah is of the opinion that the assets that have been donated remain the property of the person who has made the endowment and may be withdrawn. Imam Maliki may give waqf for a certain period of time, and when the specified period passes, it is permissible for the person giving the waqf to take back the property that has been donated. Imam Syafi'i is of the opinion that the assets that have been donated are completely independent of the beneficiary who has donated them, and belong to Allah. And the Hambali school says that the waqf releases the waqf property from the ownership of the waqf property. So the Waqf Land that has been donated in Teladan Baru Village, may not be taken back by the heirs with the opinion of the previous scholars and with the reason that the heirs are not acceptable to the community and the Ministry of Religion.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134319783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-16DOI: 10.22373/hadhanah.v2i2.1697
Emk Alidar, Rispalman Rispalman, Riska Maisarah
All couples expect a harmonious family or sakinah mawadah warahmah. Ideally to create a household that is sakinah mawadah and warohmah needed a uniform understanding of the rights and obligations between husband and wife. Husband and wife must always carry out their respective obligations in the household. But differently what happened in Syiah Kuala Subdistrict is that the wife did not fulfill her obligations to her husband in the household. In Islamic law, wives should carry out their obligations to serve their husbands, but what happens in Syiah Kuala Subdistrict is that many wives neglect their obligations. This kind of wife is called nusyuz. The problem that wants to be examined in this study is the first, whether the factors that cause the wife not to fulfill the obligation to the husband in the household in Syiah Kuala Subdistrict, the second, how is the impact and legal consequences for wives who do not fulfill their obligations to husbands in the household in Syiah Kuala Subdistrict. This research uses a case approach (Case Approach) which is to examine cases related to issues in the field. The results in this study do not meanthat the factors that cause the wife not to fulfill her obligations to the husband in Syiah Kuala subdistrict are economic pressure factors, career factors, harmony factors of spousal relationships, and domestic violence factors. As for the impact that occurs in the field for wives who nusyuz ini is, there is commotion or domestic violence (Domestic Violence), Infidelity, Hated and not dipeayaihusband, and divorce. Then in Islam the legal consequences for the wife who does not fulfill the obligations to her husband ialah become a wife who disobeys or nusyuz towards the husband. In addition, wives like this also do not deserve aliving from the husband.
{"title":"Faktor Penyebab Isteri Tidak Memenuhi Kewajiban Terhadap Suami Dalam Rumah Tangga","authors":"Emk Alidar, Rispalman Rispalman, Riska Maisarah","doi":"10.22373/hadhanah.v2i2.1697","DOIUrl":"https://doi.org/10.22373/hadhanah.v2i2.1697","url":null,"abstract":"All couples expect a harmonious family or sakinah mawadah warahmah. Ideally to create a household that is sakinah mawadah and warohmah needed a uniform understanding of the rights and obligations between husband and wife. Husband and wife must always carry out their respective obligations in the household. But differently what happened in Syiah Kuala Subdistrict is that the wife did not fulfill her obligations to her husband in the household. In Islamic law, wives should carry out their obligations to serve their husbands, but what happens in Syiah Kuala Subdistrict is that many wives neglect their obligations. This kind of wife is called nusyuz. The problem that wants to be examined in this study is the first, whether the factors that cause the wife not to fulfill the obligation to the husband in the household in Syiah Kuala Subdistrict, the second, how is the impact and legal consequences for wives who do not fulfill their obligations to husbands in the household in Syiah Kuala Subdistrict. This research uses a case approach (Case Approach) which is to examine cases related to issues in the field. The results in this study do not meanthat the factors that cause the wife not to fulfill her obligations to the husband in Syiah Kuala subdistrict are economic pressure factors, career factors, harmony factors of spousal relationships, and domestic violence factors. As for the impact that occurs in the field for wives who nusyuz ini is, there is commotion or domestic violence (Domestic Violence), Infidelity, Hated and not dipeayaihusband, and divorce. Then in Islam the legal consequences for the wife who does not fulfill the obligations to her husband ialah become a wife who disobeys or nusyuz towards the husband. In addition, wives like this also do not deserve aliving from the husband.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125997751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-13DOI: 10.22373/hadhanah.v2i2.1848
Rahmayani Rahmayani, Ihdi Karim, Nahara Eriyanti
There are often various customs of marriage customs in society. From these marriage habits, some are not contrary to Sharia but there are also the opposite. For this the customs/customs of marriage need to be traced using the review of 'urf, so that it is thus identified whether it belongs to 'urf shahih or 'urf fasid. From that, this study formulated two problems, including how the marriage habits carried out by a small number of Gampong Padang residents and what 'urf reviews these marriage habits are. To answer these two formulations, the author uses a library research method with several approaches, namely the case approach, legislation, and the 'urf theory approach. The result obtained from this study is that there is a small percentage of Gampong Padang residents who hand over the fate of their marriage to someone who is held under the name waled / walidi. After collecting several waled people then determined a mate against them. After the arranged marriage proceeds to the stage around sawa mountain, to the tomb of ureung malem for the ritual summoning of ancestral spirits and sirri marriage. Based on these data, researchers categorize the marriage habit into two forms of 'urf, namely shahih and fasid. What is included in the urf shahih is the arranged marriage and marriage of sirri, the arranged marriage is done voluntarily and so is the sirri marriage carried out according to the marriage. Meanwhile, what is included in the 'urf fasid is to surround the sawa mountain and to the tomb of the mountain malem for ancestral spirit summoning rituals, because it contains shirk and adultery. It should not be a custom that is fasid because a concept of custom can be done if it does not conflict with the syara'.
{"title":"'Urf Pernikahan Warga Gampong Padang di Kecamatan Setia Bakti Kabupaten Aceh Jaya","authors":"Rahmayani Rahmayani, Ihdi Karim, Nahara Eriyanti","doi":"10.22373/hadhanah.v2i2.1848","DOIUrl":"https://doi.org/10.22373/hadhanah.v2i2.1848","url":null,"abstract":"There are often various customs of marriage customs in society. From these marriage habits, some are not contrary to Sharia but there are also the opposite. For this the customs/customs of marriage need to be traced using the review of 'urf, so that it is thus identified whether it belongs to 'urf shahih or 'urf fasid. From that, this study formulated two problems, including how the marriage habits carried out by a small number of Gampong Padang residents and what 'urf reviews these marriage habits are. To answer these two formulations, the author uses a library research method with several approaches, namely the case approach, legislation, and the 'urf theory approach. The result obtained from this study is that there is a small percentage of Gampong Padang residents who hand over the fate of their marriage to someone who is held under the name waled / walidi. After collecting several waled people then determined a mate against them. After the arranged marriage proceeds to the stage around sawa mountain, to the tomb of ureung malem for the ritual summoning of ancestral spirits and sirri marriage. Based on these data, researchers categorize the marriage habit into two forms of 'urf, namely shahih and fasid. What is included in the urf shahih is the arranged marriage and marriage of sirri, the arranged marriage is done voluntarily and so is the sirri marriage carried out according to the marriage. Meanwhile, what is included in the 'urf fasid is to surround the sawa mountain and to the tomb of the mountain malem for ancestral spirit summoning rituals, because it contains shirk and adultery. It should not be a custom that is fasid because a concept of custom can be done if it does not conflict with the syara'.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"05 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129895014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-09DOI: 10.22373/hadhanah.v2i2.1835
Tarmizi M. Jakfar, Gamal Achyar, Dinda Farina Rizqy
Inheritance is a science that studies the process or method of transferring the heirs' (deceased) property to their heirs and how much each heir gets. As is known, inheritance is an asset that is distributed after the owner dies. Inheritance is one of the problems that is very influential in everyday life; if the inheritance cannot be shared among families, there will be quarrels between families. The questions in this thesis are the reasons for the delay in the distribution of inheritance in the Jantho District, Aceh Besar District, the impact of the delay in the distribution of inheritance in the Jantho City District, Aceh Besar District, and a review of Islamic law delaying the distribution of inheritance in the Jantho District, Aceh Besar District. In this research, the author uses field research methods and library research methods using interview techniques. The results of the study The reasons behind the delay in the distribution of inheritance in the District of Jantho City, Aceh Besar Regency, are three, namely: the agreement of the heirs to delay the distribution of the inheritance; the heirs are still small or have not been able to manage the inheritance; and discussing the inheritance after the heir dies. Death is considered taboo by some people. The reasons behind the delay in the distribution of inheritance in the Kota Jantho sub-district, Aceh Besar district, are as follows: the breakdown of friendship between the heirs; the change in the status of the inheritance to private land; and the occurrence of disputes between families. In Islamic law, delaying the distribution of inheritance is not recommended; however, the postponement may be done for certain reasons or with syar'i udzur and with the approval of other heirs. However, if the delay in the distribution of inheritance is carried out for years, it will certainly cause problems in the future.
{"title":"Dampak Penundaan Pembagian Harta Warisan Di Kecamatan Kota Jantho Kabupaten Aceh Besar","authors":"Tarmizi M. Jakfar, Gamal Achyar, Dinda Farina Rizqy","doi":"10.22373/hadhanah.v2i2.1835","DOIUrl":"https://doi.org/10.22373/hadhanah.v2i2.1835","url":null,"abstract":"Inheritance is a science that studies the process or method of transferring the heirs' (deceased) property to their heirs and how much each heir gets. As is known, inheritance is an asset that is distributed after the owner dies. Inheritance is one of the problems that is very influential in everyday life; if the inheritance cannot be shared among families, there will be quarrels between families. The questions in this thesis are the reasons for the delay in the distribution of inheritance in the Jantho District, Aceh Besar District, the impact of the delay in the distribution of inheritance in the Jantho City District, Aceh Besar District, and a review of Islamic law delaying the distribution of inheritance in the Jantho District, Aceh Besar District. In this research, the author uses field research methods and library research methods using interview techniques. The results of the study The reasons behind the delay in the distribution of inheritance in the District of Jantho City, Aceh Besar Regency, are three, namely: the agreement of the heirs to delay the distribution of the inheritance; the heirs are still small or have not been able to manage the inheritance; and discussing the inheritance after the heir dies. Death is considered taboo by some people. The reasons behind the delay in the distribution of inheritance in the Kota Jantho sub-district, Aceh Besar district, are as follows: the breakdown of friendship between the heirs; the change in the status of the inheritance to private land; and the occurrence of disputes between families. In Islamic law, delaying the distribution of inheritance is not recommended; however, the postponement may be done for certain reasons or with syar'i udzur and with the approval of other heirs. However, if the delay in the distribution of inheritance is carried out for years, it will certainly cause problems in the future.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"36 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114020151","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-09DOI: 10.22373/hadhanah.v2i2.1734
Burhanuddin A. Gani, Ida Friatna, Syukri Asnawi
There are problems related to shaking hands during weddings in Suka Makmue District, Nagan Raya Regency, carried out by people who deviate from the Qur'an, Hadith and cleric opinions, namely people think shaking hands at weddings with linto baroe and dara baroe is something polite and civilized. Even though the scholars agree that shaking hands with non-mahrams is haram. The problems to be investigated in this study are first, how to shake hands between guests and brides linto baroe and dara baroe which was carried out in Suka Makmue sub-district, Nagan Raya district, secondly, how are the views of dayah scholars on the practice of shaking hands between guests with linto baroe and dara baroe at wedding party. This research uses a case study approach, which produces descriptive data in the form of written or spoken words from the people observed. Field research includes interviews and documentation obtained from the community and cleric in Suka Makmue sub-district. From the results of the study, the procession of shaking hands with guests has two processes, namely, firstly, the linto or dara baroe meets the guest to shake hands and the second the guest shakes hands with the bride and groom when the intat linto/dara baroe process is completed by approaching the bride and groom while giving gifts. The results of the study second, the fourth view of the dayah scholars regarding shaking hands with non-mahram guests has several opinions where the legal issue of shaking hands with non-mahram directly is haram, except for small children or the elderly who do not have the potential to cause negative effects (desire and lust). slander). The law of shaking hands between the opposite sex and non-mahram by using gloves or a legal cover (permissible) as long as it does not have the potential to cause lust and slander.
在Nagan Raya Regency的Suka Makmue区，婚礼上的握手出现了一些问题，这些人偏离了古兰经、圣训和神职人员的观点，即人们认为在婚礼上用linto baroe和dara baroe握手是一种礼貌和文明的行为。尽管学者们一致认为与非穆斯林握手是违法的。本研究要研究的问题是:首先，在纳甘拉雅区Suka Makmue街道进行的宾客与新娘之间如何用礼杖和达拉礼杖握手;其次，大雅学者如何看待婚礼上宾客之间用礼杖和达拉礼杖握手的做法。这项研究采用了案例研究的方法，从被观察的人那里以书面或口头的形式产生描述性数据。实地调查包括采访和从Suka Makmue街道的社区和神职人员那里获得的文件。从研究的结果来看，与客人握手的过程有两个过程，即第一个过程是客人与客人握手，第二个过程是客人与新娘和新郎握手，当客人在赠送礼物的同时接近新娘和新郎，完成了第一个过程。第二项研究的结果是，大雅学者关于与非马哈拉姆客人握手的第四种观点有几种观点，其中直接与非马哈拉姆握手的法律问题是haram，除了小孩子或老人，他们没有可能造成负面影响(欲望和欲望)。诽谤)。在异性和非异性之间握手时，戴上手套或合法的遮盖物(允许的)，只要不可能引起性欲和诽谤。
{"title":"Berjabat Tangan Dengan Linto Baroe Dan Dara Baroe Dalam Pesta Perkawinan Menurut Ulama Dayah","authors":"Burhanuddin A. Gani, Ida Friatna, Syukri Asnawi","doi":"10.22373/hadhanah.v2i2.1734","DOIUrl":"https://doi.org/10.22373/hadhanah.v2i2.1734","url":null,"abstract":"There are problems related to shaking hands during weddings in Suka Makmue District, Nagan Raya Regency, carried out by people who deviate from the Qur'an, Hadith and cleric opinions, namely people think shaking hands at weddings with linto baroe and dara baroe is something polite and civilized. Even though the scholars agree that shaking hands with non-mahrams is haram. The problems to be investigated in this study are first, how to shake hands between guests and brides linto baroe and dara baroe which was carried out in Suka Makmue sub-district, Nagan Raya district, secondly, how are the views of dayah scholars on the practice of shaking hands between guests with linto baroe and dara baroe at wedding party. This research uses a case study approach, which produces descriptive data in the form of written or spoken words from the people observed. Field research includes interviews and documentation obtained from the community and cleric in Suka Makmue sub-district. From the results of the study, the procession of shaking hands with guests has two processes, namely, firstly, the linto or dara baroe meets the guest to shake hands and the second the guest shakes hands with the bride and groom when the intat linto/dara baroe process is completed by approaching the bride and groom while giving gifts. The results of the study second, the fourth view of the dayah scholars regarding shaking hands with non-mahram guests has several opinions where the legal issue of shaking hands with non-mahram directly is haram, except for small children or the elderly who do not have the potential to cause negative effects (desire and lust). slander). The law of shaking hands between the opposite sex and non-mahram by using gloves or a legal cover (permissible) as long as it does not have the potential to cause lust and slander.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132808357","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-09DOI: 10.22373/hadhanah.v2i2.1808
Novita Sarwani
Isbat marriage is the ratification of marriage for the Muslim community which is carried out by the Religious Court/Syar'iyah Court in accordance with applicable regulations and isbat marriage is also an effort by the government for people who do not have a marriage certificate, so that they can re-establish their marriage. One of the annual programs from the government in this matter is the implementation of the marriage isbat circuit court program carried out by the Syar'iyah Court of Takengon Class IB. Based on the data received from the Takengon Syar'iyah Court and the Office of Religious Affairs (KUA) of Linge District regarding the isbat of marriage, there are still people who do not have a Marriage Certificate. Therefore, the problem of this thesis is how to carry out a mobile trial in the Isbat Marriage case at the Syar'iyah Court of Takengon Class IB, how is the effectiveness of the implementation of the circuit court in the Isbat Marriage case at the Syar'iyah Court of Takengon Class IB. The methods used in this paper are field research, library research using data collection techniques such as observation, interviews, and documentation conducted at the Syar'iyah Court of Takengon Class IB. The results of this study are the process of carrying out the trial in the settlement of isbat marriage cases through a mobile court held by the Syar'iyah Court of Takengon Class IB in Linge District in Central Aceh in the trial process there is no difference with the trial process at the court office starting from the procedures, the execution is the same. It only differs in the place where the trial is held. The results showed that based on the explanation of the theory of legal effectiveness, there were several theories that had not been fulfilled, so that the implementation of the circuit court in the isbat marriage case had not been effective.
Isbat婚姻是由宗教法院/伊斯兰法院根据适用的规定对穆斯林社区的婚姻进行批准，Isbat婚姻也是政府为没有结婚证书的人所做的努力，以便他们能够重新建立婚姻。政府在这方面的年度计划之一是执行由Takengon IB级伊斯兰法庭执行的婚姻isbat巡回法庭计划。根据从Takengon伊斯兰法院和Linge区宗教事务办公室(KUA)收到的关于婚姻isbat的数据，仍然有一些人没有结婚证书。因此，本文研究的问题是如何在塔根根市中级法院对伊斯巴特婚姻案件进行流动审判，巡回法庭在塔根根市中级法院对伊斯巴特婚姻案件的执行效果如何。本文采用的方法是实地调研、图书馆调研，采用观察法、访谈法、本研究的结果是通过在亚齐中部Linge地区的Syar'iyah Court of Takengon Class IB举行的流动法院审理解决isbat婚姻案件的过程，在审判过程中与法院办公室的审判过程没有区别，从程序开始，执行是相同的。只是审判地点不同而已。结果表明，基于法律效力理论的解释，有几个理论没有得到充分的履行，从而导致巡回法院在isbat婚姻案件中的执行没有取得效果。
{"title":"Efektivitas Pelaksanaan Sidang Keliling Dalam Perkara Isbat Nikah","authors":"Novita Sarwani","doi":"10.22373/hadhanah.v2i2.1808","DOIUrl":"https://doi.org/10.22373/hadhanah.v2i2.1808","url":null,"abstract":"Isbat marriage is the ratification of marriage for the Muslim community which is carried out by the Religious Court/Syar'iyah Court in accordance with applicable regulations and isbat marriage is also an effort by the government for people who do not have a marriage certificate, so that they can re-establish their marriage. One of the annual programs from the government in this matter is the implementation of the marriage isbat circuit court program carried out by the Syar'iyah Court of Takengon Class IB. Based on the data received from the Takengon Syar'iyah Court and the Office of Religious Affairs (KUA) of Linge District regarding the isbat of marriage, there are still people who do not have a Marriage Certificate. Therefore, the problem of this thesis is how to carry out a mobile trial in the Isbat Marriage case at the Syar'iyah Court of Takengon Class IB, how is the effectiveness of the implementation of the circuit court in the Isbat Marriage case at the Syar'iyah Court of Takengon Class IB. The methods used in this paper are field research, library research using data collection techniques such as observation, interviews, and documentation conducted at the Syar'iyah Court of Takengon Class IB. The results of this study are the process of carrying out the trial in the settlement of isbat marriage cases through a mobile court held by the Syar'iyah Court of Takengon Class IB in Linge District in Central Aceh in the trial process there is no difference with the trial process at the court office starting from the procedures, the execution is the same. It only differs in the place where the trial is held. The results showed that based on the explanation of the theory of legal effectiveness, there were several theories that had not been fulfilled, so that the implementation of the circuit court in the isbat marriage case had not been effective.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114288670","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-09DOI: 10.22373/hadhanah.v2i2.1782
N. Aziz, Burmawi Junaidi
Kafa'ah is one of the important things in marriage, this is intended to produce harmony in the household so that it can be nurtured and the creation of a happy and harmonious household. Islam provides guidelines for choosing a partner based on four important criteria, namely religion, wealth, descent, and beauty. The different views were expressed by community leaders in Gampong Lada Village, namely expanding the meaning of kafa'ah in marriage by adding educational, position and job criteria in interpreting the meaning of kafa'ah. The problem in this thesis is how the meaning and criteria of kafa'ah in marriage and how the community leaders of Gampong Lada interpret kafa'ah and its criteria in marriage. The type of research used by the author in compiling this thesis is descriptive qualitative research. The results of this study indicate that the community leaders of Gampong Lada Village are very understanding about the meaning of kafa'ah in marriage, because the community leaders of Gampong Lada are very knowledgeable about religious knowledge. Gampong Lada community leaders interpret kafa'ah as equality, equivalence, and harmony between the prospective groom and the prospective bride when they want to get married. And the community leaders of Gampong Lada are of the view that for now the aspects of property, education, work, and position are very relevant in terms of kafa'ah, but even so, community leaders in Gampong Lada Village, Mutiara Timur District, and Pidie Regency do not rule out the religious aspect of the kafa issue. At this point, the community leaders of Gampong Pepper view that the religious aspect as the most important aspect of the meaning of kafa'ah in marriage.
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Pub Date : 2022-06-07DOI: 10.22373/hadhanah.v2i1.1739
Arifin Abdullah
Role is participation in activities both in the institution and in the community. One of the roles and positions of women in the DPRA is in the process of forming Qanun. Qanun is a legal product made by the DPRA together with the governor of Aceh which is regulated in Law no. 11 of 2006 concerning the Government of Aceh. In this case, the formulation of the problem is how the role of women during the sultaniah period until now and how the position of women as long as the woman was involved in the formation with a review of Islamic law. The purpose of this research is to find out and examine how the role of women in the formation of Qanun in the DPRA during their tenure as members of the legislature is to find out the obstacles and opportunities faced by female politicians in forming the Qanun. The author conducts qualitative research using an empirical normative approach, namely legal research regarding the application of normative legal provisions (codification, laws or contracts) in action on every particular legal event that occurs in society. Sources of data taken by the author, through primary data sources and secondary data. The primary data source is through field research, namely by conducting interviews with members of the DPRA. Meanwhile, secondary data sources are through library research, namely documents and lists of related reading books. The results of the research carried out by the author are that the role of women in the process of forming the qanun is only as a member who proposes, gives opinions and critiques, it is rare for a woman to be the chairman when drafting the qanun, in Islam women are only as input providers who decide, namely Rasulullah as in the Hudaibiyah agreement.
{"title":"Peran Legislatif Perempuan Dalam Pembentukan Qanun Di DPRA Periode 2014-2019 Tinjauan Dari Perspektif Islam","authors":"Arifin Abdullah","doi":"10.22373/hadhanah.v2i1.1739","DOIUrl":"https://doi.org/10.22373/hadhanah.v2i1.1739","url":null,"abstract":"Role is participation in activities both in the institution and in the community. One of the roles and positions of women in the DPRA is in the process of forming Qanun. Qanun is a legal product made by the DPRA together with the governor of Aceh which is regulated in Law no. 11 of 2006 concerning the Government of Aceh. In this case, the formulation of the problem is how the role of women during the sultaniah period until now and how the position of women as long as the woman was involved in the formation with a review of Islamic law. The purpose of this research is to find out and examine how the role of women in the formation of Qanun in the DPRA during their tenure as members of the legislature is to find out the obstacles and opportunities faced by female politicians in forming the Qanun. The author conducts qualitative research using an empirical normative approach, namely legal research regarding the application of normative legal provisions (codification, laws or contracts) in action on every particular legal event that occurs in society. Sources of data taken by the author, through primary data sources and secondary data. The primary data source is through field research, namely by conducting interviews with members of the DPRA. Meanwhile, secondary data sources are through library research, namely documents and lists of related reading books. The results of the research carried out by the author are that the role of women in the process of forming the qanun is only as a member who proposes, gives opinions and critiques, it is rare for a woman to be the chairman when drafting the qanun, in Islam women are only as input providers who decide, namely Rasulullah as in the Hudaibiyah agreement.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125812488","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-04DOI: 10.22373/hadhanah.v2i1.1675
Aulil Amri
Artikel ini dilatar belakangi karena adanya kasus di Mahkamah Syar’iyah Banda Aceh dalam Putusan Nomor 283/Pdt.G/ 2019/ Ms.Bna tentang hibah yang bersumber dari harta bersama diberikan kepada anak hasil nikah siri. Padahal harta tersebut merupakan harta bersama antara suami istri sah yang di dapatkan selama masa perkawinan dengan istri sah dan di dalam harta tersebut masih ada sebagiannya hak istri sah atau istri pertama. Tetapi suami dan istri sirinya menghibahkan harta tersebut kepada anak hasil nikah sirinya tanpa memiliki izin dari istri pertama. Oleh karenanya, peneliti tertarik untuk meneliti tentang bagaimana ketentuan fikih terhadap hibah harta bersama kepada anak hasil nikah siri, mengapa Majelis Hakim Mahkamah Syar’iyah Banda Aceh menolak gugatan penggugat terhadap pembatalan hibah harta bersama kepada anak hasil nikah siri dan apakah yang menjadi dasar pertimbangan hukumnya. Metode penelitian yang digunakan adalah penelitian lapangan dan penelitian kepustakaan. Hasil penelitian menyatakan bahwa ketentuan dalam fikih terhadap hibah harta bersama kepada anak hasil nikah siri adalah sah apabila ada izin daripada kedua belah pihak yang memiliki harta bersama tersebut. Apabila hibah harta bersama diberikan kepada anak hasil nikah siri tanpa ada izin dari salah satu pihak penghibah maka hibah itu tidak sah, karena syarat harta yang dihibahkan harus mil kultam yaitu harta milik sendiri tidak boleh menghibahkan harta orang lain. Majelis hakim Mahkamah Syar’iyah Banda Aceh menolak gugatan penggugat terhadap pembatalan hibah harta bersama kepada anak hasil nikah siri dalam putusan nomor 283/Pdt.G/2019/Ms.Bna adalah karena dalam perkara tersebut mengandung cacat formil yang mana penggugat mendudukan anak dibawah umur kedalam tergugat III, anak dibawah umur tidak memiliki legal standing sebagai pihak berperkara yaitu tidak memiliki kedudukan hukum. Oleh karena itu, hakim tidak dapat menerima perkara tersebut. Penggugat boleh mengajukan kembali gugatan pembatalan hibah harta bersama (gugatan baru) dengan tidak mendudukan anak dibawah umur sebagai tergugat III, dengan itu baru hakim dapat memproses kembali perkara tersebut.
{"title":"Hukum Terhadap Hibah Harta Bersama Kepada Anak Hasil Nikah Siri","authors":"Aulil Amri","doi":"10.22373/hadhanah.v2i1.1675","DOIUrl":"https://doi.org/10.22373/hadhanah.v2i1.1675","url":null,"abstract":"Artikel ini dilatar belakangi karena adanya kasus di Mahkamah Syar’iyah Banda Aceh dalam Putusan Nomor 283/Pdt.G/ 2019/ Ms.Bna tentang hibah yang bersumber dari harta bersama diberikan kepada anak hasil nikah siri. Padahal harta tersebut merupakan harta bersama antara suami istri sah yang di dapatkan selama masa perkawinan dengan istri sah dan di dalam harta tersebut masih ada sebagiannya hak istri sah atau istri pertama. Tetapi suami dan istri sirinya menghibahkan harta tersebut kepada anak hasil nikah sirinya tanpa memiliki izin dari istri pertama. Oleh karenanya, peneliti tertarik untuk meneliti tentang bagaimana ketentuan fikih terhadap hibah harta bersama kepada anak hasil nikah siri, mengapa Majelis Hakim Mahkamah Syar’iyah Banda Aceh menolak gugatan penggugat terhadap pembatalan hibah harta bersama kepada anak hasil nikah siri dan apakah yang menjadi dasar pertimbangan hukumnya. Metode penelitian yang digunakan adalah penelitian lapangan dan penelitian kepustakaan. Hasil penelitian menyatakan bahwa ketentuan dalam fikih terhadap hibah harta bersama kepada anak hasil nikah siri adalah sah apabila ada izin daripada kedua belah pihak yang memiliki harta bersama tersebut. Apabila hibah harta bersama diberikan kepada anak hasil nikah siri tanpa ada izin dari salah satu pihak penghibah maka hibah itu tidak sah, karena syarat harta yang dihibahkan harus mil kultam yaitu harta milik sendiri tidak boleh menghibahkan harta orang lain. Majelis hakim Mahkamah Syar’iyah Banda Aceh menolak gugatan penggugat terhadap pembatalan hibah harta bersama kepada anak hasil nikah siri dalam putusan nomor 283/Pdt.G/2019/Ms.Bna adalah karena dalam perkara tersebut mengandung cacat formil yang mana penggugat mendudukan anak dibawah umur kedalam tergugat III, anak dibawah umur tidak memiliki legal standing sebagai pihak berperkara yaitu tidak memiliki kedudukan hukum. Oleh karena itu, hakim tidak dapat menerima perkara tersebut. Penggugat boleh mengajukan kembali gugatan pembatalan hibah harta bersama (gugatan baru) dengan tidak mendudukan anak dibawah umur sebagai tergugat III, dengan itu baru hakim dapat memproses kembali perkara tersebut.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122725805","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-04DOI: 10.22373/hadhanah.v2i1.1702
Yusnaidi
Al-Ribhu (profit) is a goal that every business actor wants to achieve in carrying out economic activities. In Islam, it does not regulate certain limits on a profit that must be achieved by business actors in carrying out economic activities. Basically every economic activity in Islam is based on Islamic law, so that every economic activity carried out by every business actor cannot be separated from a halal and good process in obtaining profits. In this study, we will discuss Al-Ribhu, analyze existing definitions based on verse arguments and hadith arguments, and put forward some opinions of scholars related to Al-Ribhu in economic activities. This study also discusses the Al-Ribhu law which is in accordance with the Shari'a and the Al-Ribhu law which is not in accordance with the Shari'a in the implementation of economic activities. This study uses a normative analytical research methodology with the type of research that is library research. In Islamic law it allows every business actor to profit from every economic transaction, which of course is obtained in a lawful way, and Islamic law forbids all profits (profits) obtained through fraudulent methods and market exploitation. Shari'a does not limit profits (profits) to a certain amount but is released to market conditions, provided that market conditions are normal and there is no exploitation.
{"title":"Al-Ribhu (Keuntungan) Dan Ketentuannya Dalam Fiqh Islam","authors":"Yusnaidi","doi":"10.22373/hadhanah.v2i1.1702","DOIUrl":"https://doi.org/10.22373/hadhanah.v2i1.1702","url":null,"abstract":"Al-Ribhu (profit) is a goal that every business actor wants to achieve in carrying out economic activities. In Islam, it does not regulate certain limits on a profit that must be achieved by business actors in carrying out economic activities. Basically every economic activity in Islam is based on Islamic law, so that every economic activity carried out by every business actor cannot be separated from a halal and good process in obtaining profits. In this study, we will discuss Al-Ribhu, analyze existing definitions based on verse arguments and hadith arguments, and put forward some opinions of scholars related to Al-Ribhu in economic activities. This study also discusses the Al-Ribhu law which is in accordance with the Shari'a and the Al-Ribhu law which is not in accordance with the Shari'a in the implementation of economic activities. This study uses a normative analytical research methodology with the type of research that is library research. In Islamic law it allows every business actor to profit from every economic transaction, which of course is obtained in a lawful way, and Islamic law forbids all profits (profits) obtained through fraudulent methods and market exploitation. Shari'a does not limit profits (profits) to a certain amount but is released to market conditions, provided that market conditions are normal and there is no exploitation.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130877282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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