Pub Date : 2021-06-14DOI: 10.22373/hadhanah.v1i1.1617
Shalawati Shalawati
The pronunciation of Ijab Kabul is a phenomenon that the Aceh Singkil Ulama respond to in contradiction, so that it becomes an interesting material to be discussed according to the Aceh Singkil Ulama. The research question in this thesis is, How is the legal consent in marriage according to the views of the Aceh Singkil Ulama. And what is the legal basis used by the Aceh Singkil Ulama against the conditions for the validity of the consent and acceptance in the marriage contract. In the discussion of this thesis using (Field research). The data sources are primary data sources and secondary data sources. Based on the research results obtained show that; First, the pronunciation of Ijab Kabul is something that is easy to pronounce, not to be complicated for men and the Aceh Singkil Ulama make it easier to pronounce the Ijab Kabul for those who carry out this marriage, namely being able to use their own language (regional language), the most important thing is not to deviate from the meaning of marriage. (al-zawaj). Second, the legal basis regarding the pronunciation of consent and consent in Surah Az-Zariyat verse 49 "And we created everything in pairs so that you remember the greatness of Allah", that Allah has indeed promised in the Qur'an every creature on this earth was created. by God in pairs. And marriage is a job that is recommended for men who are able to get married so hasten to get married. And in the Qur'an it is also explained in Surah Al-Maidah verse 1 "O you who believe! Fulfill promises. Livestock is lawful for you, except what will be mentioned to you, by not making hunting lawful when you are in ihram (Hajj or Umrah). Verily, Allah sets the law according to what He wills." From the explanation above, it can be concluded that the pronunciation of marriage is something that is easy to say and a job that is recommended by Allah SWT.
{"title":"Keabsahan Pengucapan Ijab Kabul Menurut Pandangan Ulama Aceh Singkil","authors":"Shalawati Shalawati","doi":"10.22373/hadhanah.v1i1.1617","DOIUrl":"https://doi.org/10.22373/hadhanah.v1i1.1617","url":null,"abstract":"The pronunciation of Ijab Kabul is a phenomenon that the Aceh Singkil Ulama respond to in contradiction, so that it becomes an interesting material to be discussed according to the Aceh Singkil Ulama. The research question in this thesis is, How is the legal consent in marriage according to the views of the Aceh Singkil Ulama. And what is the legal basis used by the Aceh Singkil Ulama against the conditions for the validity of the consent and acceptance in the marriage contract. In the discussion of this thesis using (Field research). The data sources are primary data sources and secondary data sources. Based on the research results obtained show that; First, the pronunciation of Ijab Kabul is something that is easy to pronounce, not to be complicated for men and the Aceh Singkil Ulama make it easier to pronounce the Ijab Kabul for those who carry out this marriage, namely being able to use their own language (regional language), the most important thing is not to deviate from the meaning of marriage. (al-zawaj). Second, the legal basis regarding the pronunciation of consent and consent in Surah Az-Zariyat verse 49 \"And we created everything in pairs so that you remember the greatness of Allah\", that Allah has indeed promised in the Qur'an every creature on this earth was created. by God in pairs. And marriage is a job that is recommended for men who are able to get married so hasten to get married. And in the Qur'an it is also explained in Surah Al-Maidah verse 1 \"O you who believe! Fulfill promises. Livestock is lawful for you, except what will be mentioned to you, by not making hunting lawful when you are in ihram (Hajj or Umrah). Verily, Allah sets the law according to what He wills.\" From the explanation above, it can be concluded that the pronunciation of marriage is something that is easy to say and a job that is recommended by Allah SWT.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"9 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":"133228752","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.v1i1.1615
Aja Mughnia
One of the themes of Islamic family law is haḍānah. In the Shafi'i school, the right of haḍānah is assigned to the mother. However, if they do not meet the qualifications and requirements for parenting, they are transferred to their maternal grandmother, paternal grandmother, mother's sister, maternal aunt, daughter of mother's brother, daughter of mother's sister, paternal aunt, and father. However, in the decision of MS Banda Aceh No. 314/Pdt.G/2017/Ms.Bna, the right of haḍānah is actually given to the father, when the mother does not have the qualifications to raise children. For this reason, the problem of this research is what is the basis for the consideration of the judges of the Banda Aceh Syar'iyah Court in deciding the haḍānah lawsuit Number 314/Pdt.G/2017/MS.Bna, and how the implementation of the haḍānah concept in the Syafi'i school is seen based on the Decision of the Sharia Court Banda Aceh Number 314/Pdt.G/2017/MS.Bna. This research is included in library research and qualitative approach, with the type of descriptive-analysis. The results of the study indicate that the basis for the consideration of the MS Banda Aceh panel of judges refers to legal facts and witness statements. The panel of judges considered that the child's life was more secure and the benefit of the child was given to the defendant (father) rather than the plaintiff (mother). The implementation of the concept of aḍānah in the decision is not in accordance with the provisions of the order of hadhanah rights in the Shafi'i school. In the Shafi'i school, if the mother does not meet the qualifications for the hadhanah right, then it turns to her maternal grandmother, paternal grandmother, mother's sister, maternal aunt, daughter of mother's brother, daughter of mother's sister, aunt from the father's side. After that, it was given to my father. While in the decision, hadhanah rights are given to the father after the mother does not meet the requirements hadhanah
{"title":"Konsep Hadhanah Perspektif Mazhab Syafi'i dan Implementasinya dalam Putusan Mahkamah Syar'iyah Kota Banda Aceh Nomor 314/Pdt G/2017/MS Bna","authors":"Aja Mughnia","doi":"10.22373/hadhanah.v1i1.1615","DOIUrl":"https://doi.org/10.22373/hadhanah.v1i1.1615","url":null,"abstract":"One of the themes of Islamic family law is haḍānah. In the Shafi'i school, the right of haḍānah is assigned to the mother. However, if they do not meet the qualifications and requirements for parenting, they are transferred to their maternal grandmother, paternal grandmother, mother's sister, maternal aunt, daughter of mother's brother, daughter of mother's sister, paternal aunt, and father. However, in the decision of MS Banda Aceh No. 314/Pdt.G/2017/Ms.Bna, the right of haḍānah is actually given to the father, when the mother does not have the qualifications to raise children. For this reason, the problem of this research is what is the basis for the consideration of the judges of the Banda Aceh Syar'iyah Court in deciding the haḍānah lawsuit Number 314/Pdt.G/2017/MS.Bna, and how the implementation of the haḍānah concept in the Syafi'i school is seen based on the Decision of the Sharia Court Banda Aceh Number 314/Pdt.G/2017/MS.Bna. This research is included in library research and qualitative approach, with the type of descriptive-analysis. The results of the study indicate that the basis for the consideration of the MS Banda Aceh panel of judges refers to legal facts and witness statements. The panel of judges considered that the child's life was more secure and the benefit of the child was given to the defendant (father) rather than the plaintiff (mother). The implementation of the concept of aḍānah in the decision is not in accordance with the provisions of the order of hadhanah rights in the Shafi'i school. In the Shafi'i school, if the mother does not meet the qualifications for the hadhanah right, then it turns to her maternal grandmother, paternal grandmother, mother's sister, maternal aunt, daughter of mother's brother, daughter of mother's sister, aunt from the father's side. After that, it was given to my father. While in the decision, hadhanah rights are given to the father after the mother does not meet the requirements hadhanah","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"21 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":"130536384","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.v1i1.1613
Ade Faizah, K. Khairani
Family planning (KB) among Muslims reap the pros and cons regarding its legal status. Family planning is synonymous with limiting the number of children. Actually, family planning is not limited to this definition, but includes family planning, including one of which is delaying pregnancy by using an implant type of contraception. The formulation of the problem from this research is what factors influence the people of Bubon District, West Aceh Regency, who are less interested in implanted contraceptives and how to use implants in terms of Maslahah Mursalah's theory. This research is a field research. Types and sources of data, namely primary data and secondary data. This research was conducted using a juridical sociological approach. The data collected was studied through descriptive analysis method. The results of the research analysis indicate that the factors that influence the people of Bubon District, West Aceh Regency, are less interested in implanted contraceptives because of lack of knowledge, lack of social support, and age. Delaying pregnancy using implant-type contraceptives contains benefits or goodness. According to Islamic law, postponing pregnancy using contraception is permissible, meaning delaying pregnancy which means preventing pregnancy temporarily to give space to previous births. Whereas limiting pregnancy has the meaning of preventing pregnancy forever after having a certain number of children, it is not allowed.
{"title":"Penundaan Kehamilan Melalui Alat Kontrasepsi Jenis Implan Ditinjau Dari Teori Maslahah Mursalah","authors":"Ade Faizah, K. Khairani","doi":"10.22373/hadhanah.v1i1.1613","DOIUrl":"https://doi.org/10.22373/hadhanah.v1i1.1613","url":null,"abstract":"Family planning (KB) among Muslims reap the pros and cons regarding its legal status. Family planning is synonymous with limiting the number of children. Actually, family planning is not limited to this definition, but includes family planning, including one of which is delaying pregnancy by using an implant type of contraception. The formulation of the problem from this research is what factors influence the people of Bubon District, West Aceh Regency, who are less interested in implanted contraceptives and how to use implants in terms of Maslahah Mursalah's theory. This research is a field research. Types and sources of data, namely primary data and secondary data. This research was conducted using a juridical sociological approach. The data collected was studied through descriptive analysis method. The results of the research analysis indicate that the factors that influence the people of Bubon District, West Aceh Regency, are less interested in implanted contraceptives because of lack of knowledge, lack of social support, and age. Delaying pregnancy using implant-type contraceptives contains benefits or goodness. According to Islamic law, postponing pregnancy using contraception is permissible, meaning delaying pregnancy which means preventing pregnancy temporarily to give space to previous births. Whereas limiting pregnancy has the meaning of preventing pregnancy forever after having a certain number of children, it is not allowed.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"19 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":"130434083","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.v1i1.1616
Bela Sari Dewi
Based on the Compilation of Islamic Law in chapter 70, the decision of the marriage cord can also be made possible by marriage or by means of annulment of marriage, where the cancellation of marriage is caused by a violation or prohibition of marriage, while the prohibition to show damage, or something that is prohibited such as not meeting the requirements and pillars of marriage in domestic harmony. One of the cases of annulment of marriages at the syar'iyah court of Banda Aceh is the case with Number: 99/Pdt.G/2019/MS.Bna. In this case the husband as the applicant submits a request for annulment of marriage because the wife as the respondent is already married and heard the news from one of the respondent's family. Prior to marriage, the applicant knew that the respondent had never been married or was a virgin. However, in the judge's decision, the defendant's request was granted. In writing this thesis, the problem is how is the decision of the Syar'iyah Court of Banda Aceh City in case number 99/Pdt.G/2019/Ms.Bna regarding the application for annulment of marriage due to identity falsification and what is the basis for the judge's consideration in the decision. What is the view of Islamic law on the decision of the judges of the Banda Aceh City Sharia Court and the basis for legal considerations in case Number 99/Pdt.G/2019/Ms.Bna regarding the application for annulment of marriage due to identity falsification. The method used is using the library research method with the field method (rleid research). The results of the study show that in the decision number: 99/Pdt.G/2019/MS.Bna. The judge accepted the application for annulment of marriage submitted by the Petitioner's husband because the wife had falsified her identity or virgin status, but after it was known by the wife's family that she had been married for one year with her ex-husband and was a widow. Based on the analysis of Islamic law on the decision of the Banda Aceh City Sharia Court in deciding case Number 99/Pdt.G/2019/Ma.Bna. regarding the annulment of marriage due to identity falsification. the decision of the Panel of Judges in accepting the decision can cause a lot of damage in the future, such as adding to suffering for both parties.
根据第70章的《伊斯兰教法汇编》，婚姻关系的决定也可以通过结婚或通过废除婚姻的方式来实现，其中婚姻的取消是由于违反或禁止婚姻造成的，而禁止显示损害，或被禁止的事情，如不符合家庭和谐中婚姻的要求和支柱。班达亚齐伊斯兰教法院的一个婚姻无效案件是编号:99/ ptt . g /2019/MS.Bna的案件。在这种情况下，作为申请人的丈夫提出取消婚姻的请求，因为作为被告的妻子已经结婚，并从被告的一个家庭那里听到了这一消息。在结婚之前，申请人知道被告从未结过婚或者是处男。然而，在法官的判决中，被告的请求被批准了。在撰写本文时，问题是班达亚齐市叙利亚法院在第99/Pdt.G/2019/Ms。关于因伪造身份而申请取消婚姻的问题，以及法官在决定中考虑的依据是什么。伊斯兰教法对班达亚齐市伊斯兰教法法院法官的裁决有何看法?在第99/Pdt.G/2019/Ms。关于因伪造身份而申请撤销婚姻的Bna。所采用的方法是图书馆研究法与实地研究法(实地研究法)相结合。研究结果表明，在决议号:99/Pdt.G/2019/MS.Bna。法官接受了申诉人丈夫提出的取消婚姻的申请，因为妻子伪造了自己的身份或处女身份，但在妻子的家人知道她已与前夫结婚一年并且是寡妇之后。基于对班达亚齐市伊斯兰教法法院对第99/Pdt.G/2019/Ma.Bna号案件判决的伊斯兰教法分析。关于因伪造身份而导致婚姻无效。裁判团接受判决的决定可能会在未来造成很大的损害，比如增加双方的痛苦。
{"title":"Pembatalan Perkawinan Disebabkan Pemalsuan Identitas","authors":"Bela Sari Dewi","doi":"10.22373/hadhanah.v1i1.1616","DOIUrl":"https://doi.org/10.22373/hadhanah.v1i1.1616","url":null,"abstract":"Based on the Compilation of Islamic Law in chapter 70, the decision of the marriage cord can also be made possible by marriage or by means of annulment of marriage, where the cancellation of marriage is caused by a violation or prohibition of marriage, while the prohibition to show damage, or something that is prohibited such as not meeting the requirements and pillars of marriage in domestic harmony. One of the cases of annulment of marriages at the syar'iyah court of Banda Aceh is the case with Number: 99/Pdt.G/2019/MS.Bna. In this case the husband as the applicant submits a request for annulment of marriage because the wife as the respondent is already married and heard the news from one of the respondent's family. Prior to marriage, the applicant knew that the respondent had never been married or was a virgin. However, in the judge's decision, the defendant's request was granted. In writing this thesis, the problem is how is the decision of the Syar'iyah Court of Banda Aceh City in case number 99/Pdt.G/2019/Ms.Bna regarding the application for annulment of marriage due to identity falsification and what is the basis for the judge's consideration in the decision. What is the view of Islamic law on the decision of the judges of the Banda Aceh City Sharia Court and the basis for legal considerations in case Number 99/Pdt.G/2019/Ms.Bna regarding the application for annulment of marriage due to identity falsification. The method used is using the library research method with the field method (rleid research). The results of the study show that in the decision number: 99/Pdt.G/2019/MS.Bna. The judge accepted the application for annulment of marriage submitted by the Petitioner's husband because the wife had falsified her identity or virgin status, but after it was known by the wife's family that she had been married for one year with her ex-husband and was a widow. Based on the analysis of Islamic law on the decision of the Banda Aceh City Sharia Court in deciding case Number 99/Pdt.G/2019/Ma.Bna. regarding the annulment of marriage due to identity falsification. the decision of the Panel of Judges in accepting the decision can cause a lot of damage in the future, such as adding to suffering for both parties.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"846 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":"133383012","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.v1i1.1618
Novianti Novianti
Divorce has its own reasons. Among them because of shiqaq, violence, and others. But in fact, divorce can be done due to shiqaq for reasons of sexual dysfunction (impotence). This study specifically analyzes the Banda Aceh Syar'iyah Court Decision Number 434/Pdt.G/2020/Ms.Bna. If we review it based on Ibn Hazm's opinion, then the decision Number 434/Pdt.G/2020/Ms.Bna is very contradictory because impotence should not be used as a reason for divorce for married couples. The purpose of this research is to know that divorce is caused by impotence according to Ibnu Hazm, and to know the decision of the Banda Aceh Syar'iyah Court Judge Number 434/Pdt.G/2020/Ms.Bna in Ibnu Hazm's perspective. This research was conducted using a normative legal approach with library research. The data collected was studied through descriptive analysis methods and comparative methods. The results of the research analysis show that: First, Ibn Hazm argues that marriage cannot be legalized because of a defect or disgrace to the husband or wife. Ibn Hazm only admits that there are only eight types of marriage that can lead to marriage. For this reason, the marriage will continue until there are other causes as a way of separation. He only accepted the Faskh if the hadiths were authentic, Ibn Hazm rejected the Faskh marriage on the grounds of a defect because there is no valid evidence or text in the Al-Quran, Sunnah, Ijmak, Qiyas or logic that allows the Fasach. Second, Judge MS. Bna saw that in the household there were often quarrels and disputes because the Defendant had sexual dysfunction (impotence) which caused the Defendant to be unable to provide spiritual support to the Plaintiff as husband and wife should. The family has reconciled, but the hope of living together is no longer there. Meanwhile, Ibn Hazm's view on the case was that he did not allow the judge to facilitate or give time for the marriage, but Ibn Hazm allowed it if it was the husband who dropped the thalaq on his wife.
{"title":"Perceraian Disebabkan Impotensi Menurut Ibnu Hazm","authors":"Novianti Novianti","doi":"10.22373/hadhanah.v1i1.1618","DOIUrl":"https://doi.org/10.22373/hadhanah.v1i1.1618","url":null,"abstract":"Divorce has its own reasons. Among them because of shiqaq, violence, and others. But in fact, divorce can be done due to shiqaq for reasons of sexual dysfunction (impotence). This study specifically analyzes the Banda Aceh Syar'iyah Court Decision Number 434/Pdt.G/2020/Ms.Bna. If we review it based on Ibn Hazm's opinion, then the decision Number 434/Pdt.G/2020/Ms.Bna is very contradictory because impotence should not be used as a reason for divorce for married couples. The purpose of this research is to know that divorce is caused by impotence according to Ibnu Hazm, and to know the decision of the Banda Aceh Syar'iyah Court Judge Number 434/Pdt.G/2020/Ms.Bna in Ibnu Hazm's perspective. This research was conducted using a normative legal approach with library research. The data collected was studied through descriptive analysis methods and comparative methods. The results of the research analysis show that: First, Ibn Hazm argues that marriage cannot be legalized because of a defect or disgrace to the husband or wife. Ibn Hazm only admits that there are only eight types of marriage that can lead to marriage. For this reason, the marriage will continue until there are other causes as a way of separation. He only accepted the Faskh if the hadiths were authentic, Ibn Hazm rejected the Faskh marriage on the grounds of a defect because there is no valid evidence or text in the Al-Quran, Sunnah, Ijmak, Qiyas or logic that allows the Fasach. Second, Judge MS. Bna saw that in the household there were often quarrels and disputes because the Defendant had sexual dysfunction (impotence) which caused the Defendant to be unable to provide spiritual support to the Plaintiff as husband and wife should. The family has reconciled, but the hope of living together is no longer there. Meanwhile, Ibn Hazm's view on the case was that he did not allow the judge to facilitate or give time for the marriage, but Ibn Hazm allowed it if it was the husband who dropped the thalaq on his wife.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"128 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":"133418011","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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