Pub Date : 2022-05-30DOI: 10.22373/hadhanah.v2i1.1638
B. Bukhari, Safira Hasriani Putri
Itsbat nikah carried out by the Aceh Government are regulated in Aceh Governor Regulation Number 25 of 2017 which states that the Implementation of Marriage Legalization (Itsbat Nikah) is carried out with the aim of helping people in Aceh who marry during the conflict, tsunami disaster and poor communities in obtaining marriage certificates. However, the implementation of itsbat nikah carried out by the Government has not been carried out according to the target. Especially in North Aceh Regency, there are still many married couples who have not yet been married. So this will greatly affect the legal protection of the wife. Therefore, researcher is interested in examining how the procedure for implementing itsbat nikah in North Aceh Regency is, what are the inhibiting factors for the ineffectiveness of itsbat nikah in North Aceh Regency, and how the impact of implementing itsbat nikah as an effort to protect wives in North Aceh Regency is. The research method of this study used field research with an empirical juridical approach. The results of this study stated that the procedure for implementing an integrated itsbat nikah in North Aceh Regency started from registration at the District KUA, verifying files and then being tried by the Syar'iyah Court and after that the decision was issued. As for itsbat independent marriage, the procedure is the same as in other civil cases. Based on data on the itsbat nikah case in North Aceh Regency in 2015-2021 that the implementation of itsbat nikah in North Aceh Regency has not been effective, because it is not in accordance with the targets that have been determined at the beginning, there are still 24.82% who have not been certified for marriage. This is due to the limited budget from the Government and the Covid-19 that has occurred in Indonesia. So that the implementation of the itsbat nikah greatly impacts the legal protection of the wife, such as the wife's rights in terms of livelihood, inheritance, joint property, and so on.
{"title":"Efektifitas Pelaksanaan Itsbat Nikah Sebagai Upaya Perlindungan Terhadap Istri Di Kabupaten Aceh Utara","authors":"B. Bukhari, Safira Hasriani Putri","doi":"10.22373/hadhanah.v2i1.1638","DOIUrl":"https://doi.org/10.22373/hadhanah.v2i1.1638","url":null,"abstract":"Itsbat nikah carried out by the Aceh Government are regulated in Aceh Governor Regulation Number 25 of 2017 which states that the Implementation of Marriage Legalization (Itsbat Nikah) is carried out with the aim of helping people in Aceh who marry during the conflict, tsunami disaster and poor communities in obtaining marriage certificates. However, the implementation of itsbat nikah carried out by the Government has not been carried out according to the target. Especially in North Aceh Regency, there are still many married couples who have not yet been married. So this will greatly affect the legal protection of the wife. Therefore, researcher is interested in examining how the procedure for implementing itsbat nikah in North Aceh Regency is, what are the inhibiting factors for the ineffectiveness of itsbat nikah in North Aceh Regency, and how the impact of implementing itsbat nikah as an effort to protect wives in North Aceh Regency is. The research method of this study used field research with an empirical juridical approach. The results of this study stated that the procedure for implementing an integrated itsbat nikah in North Aceh Regency started from registration at the District KUA, verifying files and then being tried by the Syar'iyah Court and after that the decision was issued. As for itsbat independent marriage, the procedure is the same as in other civil cases. Based on data on the itsbat nikah case in North Aceh Regency in 2015-2021 that the implementation of itsbat nikah in North Aceh Regency has not been effective, because it is not in accordance with the targets that have been determined at the beginning, there are still 24.82% who have not been certified for marriage. This is due to the limited budget from the Government and the Covid-19 that has occurred in Indonesia. So that the implementation of the itsbat nikah greatly impacts the legal protection of the wife, such as the wife's rights in terms of livelihood, inheritance, joint property, and so on.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133036308","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 : 2022-05-27DOI: 10.22373/hadhanah.v2i1.1581
Husni Mubarak, Sindi Rahmadani
This research is based on a case which registered in Mahkamah Syar’iyah Kualasimpang as case number 10/Pdt.P/2021/MS.Ksg about istbat nikah wherein this case the witnesses who gave their testimonies were istifāḍah witnesses whereas an istifāḍah witness does not meet the criteria as a witness nor meet the matril requirements as regulated in clause 171 verse (1) HIR, clause 308 Rbg and 1907 The Book Of Civil Law all of which say every witness has to give their testimony based on what they saw, heard and experienced in an event while an istifāḍah witness had only heard rumor or story from someone else that an event has occurred. Based on this witnesses’ testimonies, judges authorized istifāḍah witnesses to give their testimonies to be heard in trial. Therefore researcher is interested to study further on howcome judges to consider the authorization of istifāḍah witnesses testimonies in istbat nikah case number 10/Pdt.P/2021/MS.Ksg and how Islamic law views the use of istifāḍah witnesses’ testimonies in an istbat nikah case. The methods used in this research are field study method and library study method with juridical normative approach. The result of the research claims that istifāḍah witnesses’s testimonies can be heard in trial as long as the testimonies given cannot be proved otherwise then the testimonies are true, it means as long the testimonies cannot be denied by another evidence, then two evidences in a form of document and testimony are sufficient, and by considering the matching of the testimonies given by the two witnesses then the testimonies given by istifāḍah witnesses are acceptable as judges’ preasumption, Islamic law views this matter can only be applied in some cases, one of which is istbat nikah case, with this in mind judges grant the pleader I and the pleader II their plead.
{"title":"Dasar Pertimbangan Hakim Terhadap Kesaksian Saksi Istifadah Dalam Perkara Itsbat Nikah","authors":"Husni Mubarak, Sindi Rahmadani","doi":"10.22373/hadhanah.v2i1.1581","DOIUrl":"https://doi.org/10.22373/hadhanah.v2i1.1581","url":null,"abstract":"This research is based on a case which registered in Mahkamah Syar’iyah Kualasimpang as case number 10/Pdt.P/2021/MS.Ksg about istbat nikah wherein this case the witnesses who gave their testimonies were istifāḍah witnesses whereas an istifāḍah witness does not meet the criteria as a witness nor meet the matril requirements as regulated in clause 171 verse (1) HIR, clause 308 Rbg and 1907 The Book Of Civil Law all of which say every witness has to give their testimony based on what they saw, heard and experienced in an event while an istifāḍah witness had only heard rumor or story from someone else that an event has occurred. Based on this witnesses’ testimonies, judges authorized istifāḍah witnesses to give their testimonies to be heard in trial. Therefore researcher is interested to study further on howcome judges to consider the authorization of istifāḍah witnesses testimonies in istbat nikah case number 10/Pdt.P/2021/MS.Ksg and how Islamic law views the use of istifāḍah witnesses’ testimonies in an istbat nikah case. The methods used in this research are field study method and library study method with juridical normative approach. The result of the research claims that istifāḍah witnesses’s testimonies can be heard in trial as long as the testimonies given cannot be proved otherwise then the testimonies are true, it means as long the testimonies cannot be denied by another evidence, then two evidences in a form of document and testimony are sufficient, and by considering the matching of the testimonies given by the two witnesses then the testimonies given by istifāḍah witnesses are acceptable as judges’ preasumption, Islamic law views this matter can only be applied in some cases, one of which is istbat nikah case, with this in mind judges grant the pleader I and the pleader II their plead.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"246 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125434592","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 : 2022-05-25DOI: 10.22373/hadhanah.v2i1.1567
Agustin Hanapi, Sudjah Mauliana
Some society assumed that all person who perform marriages under the hands or unregistered marriages are marriages that are carried out secretly without the knowledge of official officers, namely mariages record officer. Unregistered marriages become a problem in the community that can’t stop it soon, more harm than good. Unregistered marriages can also have a big impact on the consequences of the marriages law there is especially an bad effect on women and children. Now a days much of all still many unregistered marriages processed, because there are still many unofficial marriages with decision of false judge, therefore need for applicate the sanctions for the two perpetrators of unregistered marriages, in this case teh MPU Aceh have the create Fatwa about this problem one, so they must state a regulation to protect this habitual can not occur again in our community. Therefore, the researcher is interested in reviewing the application of sanctions for unregistered marriages perpetrators in MPU Aceh Fatwa No. 1 of 2010 concerning Siri Marriages. The research methods used are field research and literature research. The result in this study state that MPU Aceh applied sanctions for perpetrators of this series of marriages against false judge with imprisonment, the presence of false judge this unregistered marriages is viral now, therefore there needs to be sanctions applied. In the study of Maqasid Syar’iyah the recording of marriages agreements falls into the category of primary benefits of Daruriyat that can protect and maintain the benefit of religion, soul, reason, offspring, and property. Related to offspring, because with the recording, for women children benefif from the wife gets an inheritance and the child gets.
{"title":"Penerapan Sanksi Bagi Pelaku Nikah Siri Dalam Fatwa MPU Aceh Nomor 1 tahun 2010 Tentang Nikah Siri","authors":"Agustin Hanapi, Sudjah Mauliana","doi":"10.22373/hadhanah.v2i1.1567","DOIUrl":"https://doi.org/10.22373/hadhanah.v2i1.1567","url":null,"abstract":"Some society assumed that all person who perform marriages under the hands or unregistered marriages are marriages that are carried out secretly without the knowledge of official officers, namely mariages record officer. Unregistered marriages become a problem in the community that can’t stop it soon, more harm than good. Unregistered marriages can also have a big impact on the consequences of the marriages law there is especially an bad effect on women and children. Now a days much of all still many unregistered marriages processed, because there are still many unofficial marriages with decision of false judge, therefore need for applicate the sanctions for the two perpetrators of unregistered marriages, in this case teh MPU Aceh have the create Fatwa about this problem one, so they must state a regulation to protect this habitual can not occur again in our community. Therefore, the researcher is interested in reviewing the application of sanctions for unregistered marriages perpetrators in MPU Aceh Fatwa No. 1 of 2010 concerning Siri Marriages. The research methods used are field research and literature research. The result in this study state that MPU Aceh applied sanctions for perpetrators of this series of marriages against false judge with imprisonment, the presence of false judge this unregistered marriages is viral now, therefore there needs to be sanctions applied. In the study of Maqasid Syar’iyah the recording of marriages agreements falls into the category of primary benefits of Daruriyat that can protect and maintain the benefit of religion, soul, reason, offspring, and property. Related to offspring, because with the recording, for women children benefif from the wife gets an inheritance and the child gets.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134175149","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 : 2021-12-13DOI: 10.22373/hadhanah.v1i2.1625
Ridha Safira, Tarmizi M. Jakfar
The contract is carried out consciously by a man and a woman, which is basically with the liking and willingness of both parties. Pleasure and willingness in a marriage is very necessary for the continuity of the household so that the marriage runs with mutual love and love with the aim of fostering a household that is sakinah, mawaddah and rahmah and with the willingness of both parties will also get ridha from Allah SWT. But there is a marriage that is very helpful and gives very good wisdom in marriage. Like the marriage of Pulang Balee, namely marrying his own brother-in-law, whether biological, step-by-step, still related by blood, or his own relatives. However, many of them do not want to and are forced to do it so that it has an impact on their domestic life. Thus, the researchers wanted to examine the problems related to how the practice of Pulang balee marriage in Darussalam District, Aceh Besar District, and how the factors and impacts of Pulang balee marriage in Darussalam District, Aceh Besar District. The research methodology that the author uses is using qualitative research in the form of interviews, observations and documentation. Based on the research that researchers found, the practice of balee return marriage in Darussalam sub-district is the same as usual marriage, starting from the proposal stage and the marriage stage and some of them hold walimah and some do not. The main factor of balee return marriage is thinking about the fate of their child, namely to ensure the care and needs of a child, because the child will be closer to the mother's family. And the impact of the balee return marriage is a positive impact, namely the maintenance of good relations between the two families, being able to look after and raise children together and obtain in-line offspring, as well as maintaining joint property. The negative impact of balee return marriage is a lot of talk from neighbors, feeling awkward at the beginning of marriage, easy to fight and divorce quickly.
{"title":"Dampak Perkawinan Pulang Balee Dalam Kehidupan Rumah Tangga Di Kecamatan Darussalam Kabupaten Aceh Besar","authors":"Ridha Safira, Tarmizi M. Jakfar","doi":"10.22373/hadhanah.v1i2.1625","DOIUrl":"https://doi.org/10.22373/hadhanah.v1i2.1625","url":null,"abstract":"The contract is carried out consciously by a man and a woman, which is basically with the liking and willingness of both parties. Pleasure and willingness in a marriage is very necessary for the continuity of the household so that the marriage runs with mutual love and love with the aim of fostering a household that is sakinah, mawaddah and rahmah and with the willingness of both parties will also get ridha from Allah SWT. But there is a marriage that is very helpful and gives very good wisdom in marriage. Like the marriage of Pulang Balee, namely marrying his own brother-in-law, whether biological, step-by-step, still related by blood, or his own relatives. However, many of them do not want to and are forced to do it so that it has an impact on their domestic life. Thus, the researchers wanted to examine the problems related to how the practice of Pulang balee marriage in Darussalam District, Aceh Besar District, and how the factors and impacts of Pulang balee marriage in Darussalam District, Aceh Besar District. The research methodology that the author uses is using qualitative research in the form of interviews, observations and documentation. Based on the research that researchers found, the practice of balee return marriage in Darussalam sub-district is the same as usual marriage, starting from the proposal stage and the marriage stage and some of them hold walimah and some do not. The main factor of balee return marriage is thinking about the fate of their child, namely to ensure the care and needs of a child, because the child will be closer to the mother's family. And the impact of the balee return marriage is a positive impact, namely the maintenance of good relations between the two families, being able to look after and raise children together and obtain in-line offspring, as well as maintaining joint property. The negative impact of balee return marriage is a lot of talk from neighbors, feeling awkward at the beginning of marriage, easy to fight and divorce quickly.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133350538","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 : 2021-12-13DOI: 10.22373/hadhanah.v1i2.1619
Shofia Hidayah
Abstract: Inheritance is property left by the testator after death. Inheritance in Islam is regulated in inheritance law, which is the law governing the transfer of property from a deceased person to a living family. In Islam, after a person dies, the inheritance he leaves must be immediately distributed to his heirs. But in fact, along with the development of the times, many things have changed, such as the inheritance distribution system in Islam, where people take the initiative to first manage their inheritance. Based on this, the authors are interested in researching this problem with the formulation of the problem, namely how are the practices, impacts, and views of Islamic law regarding the management of inheritance between heirs that occurred in Kayukul Village, Pegasing District, Central Aceh Regency. This research is a qualitative research with field research, the approach used is a normative-sociological approach. The legal materials used are primary legal materials and secondary legal materials sourced from books, scientific works and research results in the field. Data collection techniques used are observation and interviews. The result of this research is that in Gampong Kayukul the management of inheritance between heirs is carried out by working on and managing the estate in the form of a garden together which then the results are used for daily needs. Then the management of this inheritance has a positive impact on the individual or each heir, while the negative impact comes from external. Regarding the view of Islamic law on the management of inheritance between heirs, this is something that is permissible as long as there is a prior agreement between the heirs and there is the pleasure or willingness of all heirs.
{"title":"Pengelolaan Harta Warisan Antar Ahli Waris","authors":"Shofia Hidayah","doi":"10.22373/hadhanah.v1i2.1619","DOIUrl":"https://doi.org/10.22373/hadhanah.v1i2.1619","url":null,"abstract":"Abstract: Inheritance is property left by the testator after death. Inheritance in Islam is regulated in inheritance law, which is the law governing the transfer of property from a deceased person to a living family. In Islam, after a person dies, the inheritance he leaves must be immediately distributed to his heirs. But in fact, along with the development of the times, many things have changed, such as the inheritance distribution system in Islam, where people take the initiative to first manage their inheritance. Based on this, the authors are interested in researching this problem with the formulation of the problem, namely how are the practices, impacts, and views of Islamic law regarding the management of inheritance between heirs that occurred in Kayukul Village, Pegasing District, Central Aceh Regency. This research is a qualitative research with field research, the approach used is a normative-sociological approach. The legal materials used are primary legal materials and secondary legal materials sourced from books, scientific works and research results in the field. Data collection techniques used are observation and interviews. The result of this research is that in Gampong Kayukul the management of inheritance between heirs is carried out by working on and managing the estate in the form of a garden together which then the results are used for daily needs. Then the management of this inheritance has a positive impact on the individual or each heir, while the negative impact comes from external. Regarding the view of Islamic law on the management of inheritance between heirs, this is something that is permissible as long as there is a prior agreement between the heirs and there is the pleasure or willingness of all heirs.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"171 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133600548","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 : 2021-12-13DOI: 10.22373/hadhanah.v1i2.1622
Fakhrurrazi M. Yunus, Nahara Eriyanti, Izza Alta Fathia
Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption explains that the age of prospective adoptive parents is at least 30 (thirty) years old and the highest is 55 (fifty five) years. In the Determination of the Banda Aceh Syar'iyah Court Number 120/Pdt.P/2019 it is stated that a single parent who wants to adopt a child is 59 years old, which according to applicable legal provisions does not meet the requirements or has passed the age limit in the requirements for child adoption. In this case, the Banda Aceh Syar'iyah Court rejected the Petitioner's application, then the Petitioner submitted an application to the cassation level, so that the Supreme Court's decision Number 777 K/Ag/2019 was granted. This study aims to explain the legal considerations by the judges of the Supreme Court in granting Decision Number 777 K/Ag/2019 concerning Child Adoption, to explain the juridical review of Decision Number 777 K/Ag/2019 regarding the cancellation of the first-degree determination. The research method that the author uses is a qualitative descriptive analysis, which consists of primary data materials and secondary data. The results of the study explained that the Supreme Court granted the appeal by using clear legal arguments that were against the legislation. The panel of judges of the Supreme Court granted the request by looking at the advantages and benefits for the adopted child who is the nephew of the single parent. Thus, there was jurisprudence used by judges for the case of Decision Number 777 K/Ag/2019 which is a source of material law. The Supreme Court has issued its decision with legal considerations, the rule of law may be set aside. Juridically, the decision of the Supreme Court is in accordance with the rules in force in Indonesia. With this decision, it can be used as jurisprudence for further judges to handle the same case.
{"title":"Tinjauan Yuridis Atas Tidak Terpenuhinya Prasyarat Usia Pemohon Dalam Pengangkatan Anak","authors":"Fakhrurrazi M. Yunus, Nahara Eriyanti, Izza Alta Fathia","doi":"10.22373/hadhanah.v1i2.1622","DOIUrl":"https://doi.org/10.22373/hadhanah.v1i2.1622","url":null,"abstract":"Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption explains that the age of prospective adoptive parents is at least 30 (thirty) years old and the highest is 55 (fifty five) years. In the Determination of the Banda Aceh Syar'iyah Court Number 120/Pdt.P/2019 it is stated that a single parent who wants to adopt a child is 59 years old, which according to applicable legal provisions does not meet the requirements or has passed the age limit in the requirements for child adoption. In this case, the Banda Aceh Syar'iyah Court rejected the Petitioner's application, then the Petitioner submitted an application to the cassation level, so that the Supreme Court's decision Number 777 K/Ag/2019 was granted. This study aims to explain the legal considerations by the judges of the Supreme Court in granting Decision Number 777 K/Ag/2019 concerning Child Adoption, to explain the juridical review of Decision Number 777 K/Ag/2019 regarding the cancellation of the first-degree determination. The research method that the author uses is a qualitative descriptive analysis, which consists of primary data materials and secondary data. The results of the study explained that the Supreme Court granted the appeal by using clear legal arguments that were against the legislation. The panel of judges of the Supreme Court granted the request by looking at the advantages and benefits for the adopted child who is the nephew of the single parent. Thus, there was jurisprudence used by judges for the case of Decision Number 777 K/Ag/2019 which is a source of material law. The Supreme Court has issued its decision with legal considerations, the rule of law may be set aside. Juridically, the decision of the Supreme Court is in accordance with the rules in force in Indonesia. With this decision, it can be used as jurisprudence for further judges to handle the same case.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123096941","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 : 2021-12-13DOI: 10.22373/hadhanah.v1i2.1621
Cut Putri Yulyana Mahendra, Jabbar Sabil
Walimatul'urs is a recommendation in Islam. Walimatul 'urs aims as syi'ar and becomes a sunnah muakadah. In the Aneuk Jamee community, the traditional walimah has several series of customs running for seven days, thus many costs must be incurred during the implementation of this waimah. So that many people who have walimah choose to go into debt when they are going to have walimah. Walimah is considered important and has its own position for the Aneuk Jamee community. With this assumption, it is not uncommon to find that they are willing to borrow for the sake of carrying out walimah. In this study, the main problem in this study is how the practice of walimah 'urs in the aneuk jamee community and how the practice of walimatul 'urs in the aneuk jamee community from the perspective of maqāṣid shariah. The data obtained by the authors were obtained from observations and interviews with the community and related traditional leaders. From the results of the research, many of the Aneuk Jamee community carry out walimah beyond their ability, with the seven-day traditional series that costs a lot so that debt is the best way for the implementation of walimah. Walimatul 'urs in the perspective of maqāṣid shari'ah, if it is difficult then it is not in accordance with maqāid shari'ah because in the context of maintaining the inheritance of marriage it should not be forced so that debt can cause harm to debtors whose purpose is to maintain existence in the community so that it causes redundancy.
{"title":"Kedudukan Walimatul ‘Urs Dalam Masyarakat Aneuk Jamee Dari Perspektif Maqāṣid Syariʽah","authors":"Cut Putri Yulyana Mahendra, Jabbar Sabil","doi":"10.22373/hadhanah.v1i2.1621","DOIUrl":"https://doi.org/10.22373/hadhanah.v1i2.1621","url":null,"abstract":"Walimatul'urs is a recommendation in Islam. Walimatul 'urs aims as syi'ar and becomes a sunnah muakadah. In the Aneuk Jamee community, the traditional walimah has several series of customs running for seven days, thus many costs must be incurred during the implementation of this waimah. So that many people who have walimah choose to go into debt when they are going to have walimah. Walimah is considered important and has its own position for the Aneuk Jamee community. With this assumption, it is not uncommon to find that they are willing to borrow for the sake of carrying out walimah. In this study, the main problem in this study is how the practice of walimah 'urs in the aneuk jamee community and how the practice of walimatul 'urs in the aneuk jamee community from the perspective of maqāṣid shariah. The data obtained by the authors were obtained from observations and interviews with the community and related traditional leaders. From the results of the research, many of the Aneuk Jamee community carry out walimah beyond their ability, with the seven-day traditional series that costs a lot so that debt is the best way for the implementation of walimah. Walimatul 'urs in the perspective of maqāṣid shari'ah, if it is difficult then it is not in accordance with maqāid shari'ah because in the context of maintaining the inheritance of marriage it should not be forced so that debt can cause harm to debtors whose purpose is to maintain existence in the community so that it causes redundancy.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"36 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117307792","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 : 2021-12-13DOI: 10.22373/hadhanah.v1i2.1623
Nanda Mauliza, Edi Yuhermansyah
The Corona virus has changed aspects of married life. Divorce is currently booming because of the Covid 19 virus. Divorce occurs due to several factors, in general the trigger for divorce cases to increase is due to the Covid-19 pandemic. Covid-19 has had a significant impact on all aspects of life, including the divorce application that occurred at the Lhokseumawe Syar'iyah Court. This study aims to determine and analyze the increase in divorce requests during the Covid-19 Pandemic at the Lhokseumawe Syar'iyah Court and the factors causing the divorce, as well as the judge's efforts to reduce the occurrence of divorces affected by Covid-19 at the Lhokseumawe Syar'iyah Court. This study uses a qualitative approach with the type of field research. While the data collected in the form of primary and secondary data, the data obtained using direct interview techniques and documentation. To make it easier to check the data, in checking the validity of the data, the researcher uses the triangulation method. From this research, the writer gets several conclusions. The results of the study found that during the Covid-19 pandemic divorce cases at the Lhokseumawe Syar'iyah Court experienced an increase, but the cause of the divorce could not be stated specifically the impact that occurred due to the Covid-19 pandemic or these causes had occurred before the pandemic. . Divorce cases during the COVID-19 pandemic were caused by several factors and the dominant factors were economic factors, there was no harmony or constant bickering resulting in domestic violence, leaving one side behind, as well as the judge's efforts to reduce divorces affected by COVID-19. 19 at the Lhokseumawe Syar'iyah Court, namely through mediation.
{"title":"Perceraian Pada Masa Pandemi Covid-19 di Mahkamah Syar’iyah Lhokseumawe","authors":"Nanda Mauliza, Edi Yuhermansyah","doi":"10.22373/hadhanah.v1i2.1623","DOIUrl":"https://doi.org/10.22373/hadhanah.v1i2.1623","url":null,"abstract":"The Corona virus has changed aspects of married life. Divorce is currently booming because of the Covid 19 virus. Divorce occurs due to several factors, in general the trigger for divorce cases to increase is due to the Covid-19 pandemic. Covid-19 has had a significant impact on all aspects of life, including the divorce application that occurred at the Lhokseumawe Syar'iyah Court. This study aims to determine and analyze the increase in divorce requests during the Covid-19 Pandemic at the Lhokseumawe Syar'iyah Court and the factors causing the divorce, as well as the judge's efforts to reduce the occurrence of divorces affected by Covid-19 at the Lhokseumawe Syar'iyah Court. This study uses a qualitative approach with the type of field research. While the data collected in the form of primary and secondary data, the data obtained using direct interview techniques and documentation. To make it easier to check the data, in checking the validity of the data, the researcher uses the triangulation method. From this research, the writer gets several conclusions. The results of the study found that during the Covid-19 pandemic divorce cases at the Lhokseumawe Syar'iyah Court experienced an increase, but the cause of the divorce could not be stated specifically the impact that occurred due to the Covid-19 pandemic or these causes had occurred before the pandemic. . Divorce cases during the COVID-19 pandemic were caused by several factors and the dominant factors were economic factors, there was no harmony or constant bickering resulting in domestic violence, leaving one side behind, as well as the judge's efforts to reduce divorces affected by COVID-19. 19 at the Lhokseumawe Syar'iyah Court, namely through mediation.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"143 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116824821","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 : 2021-12-13DOI: 10.22373/hadhanah.v1i2.1624
Putri Ramadhani, Burhanuddin Abd. Gani
In the Regulation of the Supreme Court of the Republic of Indonesia No. 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation, article 15 letter (d) states that examining a child for whom a marriage dispensation is requested may seek a recommendation from a psychologist or professional Social Worker Doctor/Midwife, Social Welfare Personnel, Integrated Service Center for the Protection of Women and Children (P2TP2A). , Indonesian/Regional Child Protection Commission (KPAI/KPAD). However, in reality the implementation of the Banda Aceh Syar'iyah Court's decision with Case number 5/Pdt.P/2021/Ms.Bna, the Judge granted the petition for a marriage dispensation by the applicant without fulfilling the conditions stated in article 15 in letter (d). In addition, in the community, parents who marry off their children have not reached the age stipulated by law, and without a recommendation letter from a doctor, even though it is very important for the reproductive health of the prospective bride. The question in this thesis research is the first dispensation for marriage according to PERMA No. 5 of 2019 concerning guidelines for adjudicating applications for dispensation for marriage against underage women, and the second consideration of the judges of the Banda Aceh syar'iyah court in granting requests for dispensation for marriage to underage women. This study uses a qualitative method. The results of the study found that the marriage dispensation according to PERMA No. 5 of 2019 regarding guidelines for adjudicating applications for dispensation for marriage is that the application can be submitted for those who are not of the age in accordance with statutory regulations no. 16 of 2019 regarding amendments to law no. 1 of 1974. And the judge's consideration in granting the application for dispensation for marriage without fulfilling the conditions stipulated in PERMA No. 5 of 2019 in article 15 letter d because these conditions are supporting conditions, this can be seen from the age of the applicant because of concerns that occur in the reproduction of the woman because she is still a minor.
{"title":"Pedoman Hakim Dalam Mengadili Permohonan Perkara Dispensasi Kawin Menurut PERMA No. 5 Tahun 2019","authors":"Putri Ramadhani, Burhanuddin Abd. Gani","doi":"10.22373/hadhanah.v1i2.1624","DOIUrl":"https://doi.org/10.22373/hadhanah.v1i2.1624","url":null,"abstract":"In the Regulation of the Supreme Court of the Republic of Indonesia No. 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation, article 15 letter (d) states that examining a child for whom a marriage dispensation is requested may seek a recommendation from a psychologist or professional Social Worker Doctor/Midwife, Social Welfare Personnel, Integrated Service Center for the Protection of Women and Children (P2TP2A). , Indonesian/Regional Child Protection Commission (KPAI/KPAD). However, in reality the implementation of the Banda Aceh Syar'iyah Court's decision with Case number 5/Pdt.P/2021/Ms.Bna, the Judge granted the petition for a marriage dispensation by the applicant without fulfilling the conditions stated in article 15 in letter (d). In addition, in the community, parents who marry off their children have not reached the age stipulated by law, and without a recommendation letter from a doctor, even though it is very important for the reproductive health of the prospective bride. The question in this thesis research is the first dispensation for marriage according to PERMA No. 5 of 2019 concerning guidelines for adjudicating applications for dispensation for marriage against underage women, and the second consideration of the judges of the Banda Aceh syar'iyah court in granting requests for dispensation for marriage to underage women. This study uses a qualitative method. The results of the study found that the marriage dispensation according to PERMA No. 5 of 2019 regarding guidelines for adjudicating applications for dispensation for marriage is that the application can be submitted for those who are not of the age in accordance with statutory regulations no. 16 of 2019 regarding amendments to law no. 1 of 1974. And the judge's consideration in granting the application for dispensation for marriage without fulfilling the conditions stipulated in PERMA No. 5 of 2019 in article 15 letter d because these conditions are supporting conditions, this can be seen from the age of the applicant because of concerns that occur in the reproduction of the woman because she is still a minor.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116942149","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 : 2021-06-14DOI: 10.22373/hadhanah.v1i1.1614
Nani Ikhwana
In Indonesia, the procedure made for the Islamic community is that the marriage must be officially registered with the competent authority and published in accordance with the Marriage Law Number 1 of 1974 and must meet the requirements and pillars so that the marriage is valid. However, some people in North Singkil District still carry out their marriages that are not officially registered and the marriages are carried out through a guardian judge who is not appointed by the Minister of Religion or an official appointed by him, who is known in the community as a wild qadi. The formulation of the problem in this study is why people marry through illegal qadi, what are the obstacles and efforts of the North Singkil Religious Affairs Office in minimizing marriage through illegal qadi. In this study the authors use field research (field research). Based on the results of the study, the reasons why the people of North Singkil married through illegal qadi were because they were pregnant out of wedlock, avoiding administrative procedures, because of dishonest intentions, lack of education and understanding about marriage, and not old enough. The obstacles faced by KUA in minimizing marriages through cadiliar are: the lack of public awareness and understanding of the law, the absence of a firm sanction for those who marry through illegal qadi, and there are still many clerics who are willing to marry off on the grounds of avoiding adultery without registering their marriages with the KUA. The efforts made by the North Singkil KUA are to disseminate information to the public about the importance of registered marriages, conduct counseling on the registration of marriages and happy families through Islamic religious educators., as well as providing an explanation of marital problems at the time of the marriage ceremony.
{"title":"Upaya Kantor Urusan Agama Dalam Meminimalisir Nikah Melalui Kadi Liar","authors":"Nani Ikhwana","doi":"10.22373/hadhanah.v1i1.1614","DOIUrl":"https://doi.org/10.22373/hadhanah.v1i1.1614","url":null,"abstract":"In Indonesia, the procedure made for the Islamic community is that the marriage must be officially registered with the competent authority and published in accordance with the Marriage Law Number 1 of 1974 and must meet the requirements and pillars so that the marriage is valid. However, some people in North Singkil District still carry out their marriages that are not officially registered and the marriages are carried out through a guardian judge who is not appointed by the Minister of Religion or an official appointed by him, who is known in the community as a wild qadi. The formulation of the problem in this study is why people marry through illegal qadi, what are the obstacles and efforts of the North Singkil Religious Affairs Office in minimizing marriage through illegal qadi. In this study the authors use field research (field research). Based on the results of the study, the reasons why the people of North Singkil married through illegal qadi were because they were pregnant out of wedlock, avoiding administrative procedures, because of dishonest intentions, lack of education and understanding about marriage, and not old enough. The obstacles faced by KUA in minimizing marriages through cadiliar are: the lack of public awareness and understanding of the law, the absence of a firm sanction for those who marry through illegal qadi, and there are still many clerics who are willing to marry off on the grounds of avoiding adultery without registering their marriages with the KUA. The efforts made by the North Singkil KUA are to disseminate information to the public about the importance of registered marriages, conduct counseling on the registration of marriages and happy families through Islamic religious educators., as well as providing an explanation of marital problems at the time of the marriage ceremony.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125019360","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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