scholarly journals Persepsi Terhadap Nikah Sirri Kasus Masyarakat Desa Sinarrancang, Kecamatan Mundu, Kabupaten Cirebon

2011 ◽  
Vol 18 (1) ◽  
pp. 75
Author(s):  
Ismail Zubir
Keyword(s):  
Islamic Law ◽  
Qualitative Approach ◽  
West Java ◽  
Governmental Institution ◽  
Positive Law ◽  
Religious Courts

This study aims to find out the perception of people in Sinarrancang, Mundu, Cirebon, West Java, on nikah sirri (“secret” marriage). Using qualitative approach the study reveals that in their opinion nikah sirri mean  nikah “kyai”, it is a marriage by ulama and  has become a long hereditary tradition. According to  fiqih munakahat (a branch of Islamic law which studies  about  marriage) this kind of marriage is legitimate because it meets the conditions and requirements of marriage. According to positive law, however,  such  marriage is illegal for not being registered at KUA (a governmental institution which administers Muslim marriage). In order to change their perception on nikah sirri, it needs to socialize UU No. 1 Tahun 1974 continuously. KUA’s service to people has to be addressed so that its accountability  and responsibility could run effectively; and more importantly the draft  of   Religious  Courts Law Materials that would provide punishment for those conducting nikah sirri do not contradict with Islamic law. <br /><br />

EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA

2020 ◽  
Vol 6 (1) ◽  
pp. 1-15
Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Judicial Process ◽  
Positive Law ◽  
State Administration ◽  
Shipping Costs ◽  
The Status ◽  
Happy Marriage ◽  
Religious Courts ◽  
Laws And Regulations

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.

scholarly journals Konstruksi Nalar Rechtvinding Hakim dalam Pemberian Izin Poligami yang Berkeadilan Gender dalam Putusan Pengadilan Agama Jombang No. 0899/Pdt.G/2016/PA.Jbg

AL-HUKAMA ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 496-517
Author(s):  
Abdullah Taufik ◽  
Ilham Tohari
Keyword(s):  
Content Analysis ◽  
Research Method ◽  
Islamic Law ◽  
Gender Justice ◽  
Legal Research ◽  
Analysis Techniques ◽  
Positive Law ◽  
The One ◽  
Legal Discovery ◽  
Religious Courts

The practice of polygamy in Indonesia until now has drawn criticism from some feminists who did not agree. But on the one hand, both Islamic law and positive law permit various conditions. In this case, the Religious Court (PA) becomes the last fence which becomes the determining point for a man to be able to polygamy. For this reason, researchers conducted a study of PA decisions on polygamy, namely Jombang PA Decision No. No. 0899 / Pdt.G / 2018 / PA.Jbg . The focus of the problem is (1) the value of gender justice in the decision and (2) reasoning rechtvinding(legal discovery) judge. The method used in this study is a normative-qualitative legal research method with content analysis techniques from Charles Purse. The results showed that the practice of polygamy licensing in the Religious Courts had actually gone through processes that reflected gender justice. This is reflected in the obligation of the Religious Court to summon the longest wife of the applicant for polygamy to be asked for willingness and information. The results of subsequent studies show that PA Jombang judges used hermeneutic techniques in making legal discovery efforts. Because, they not only focus on aspects of legality, but also consider the contextualization.

scholarly journals Analysis of Corporate Governance on Islamic Bank in Indonesia

2019 ◽  
Vol 19 (2) ◽  
Author(s):  
Muhamad Nadratuzzaman Hosen ◽  
Nasimul Falah ◽  
Fitriyani Lathifah
Keyword(s):  
Corporate Governance ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Positive Law ◽  
The Right ◽  
Islamic Values

This research demonstrates conceptual corporate governance (CG) which has relationship with regulations and Islamic teaching. Then, to investigate CG in Islamic Bank in Indonesia and to review law aspects and Islamic values related to rules of corporate CG in Islamic Bank in Indonesia. The study used qualitative approach using study literature and interview to analyze the implementation of corporate governance in Islamic bank in Indonesia. This study found that Islamic Banks which issued the rules of CG were not following philosophy of Islamic principles and not following strongly Islamic law and positive law. Hence, there were several fraud cases on Islamic banks inIndonesia. Islamic corporate governance in Indonesia still not find the implementation like in Malaysia. Rules of CG through regulation for Islamic bank is involving futher researher to examine the right policy. The regulation of corporate governance regulations for Islamic bank still need to be refined and turned into Islamic corporate governance standard in accordance with Islamic principles and national laws which required by Islamic bank.

scholarly journals THE SHARIA MICROFINANCE AND THE COUNTER-HEGEMONIC MOVEMENT: EXAMINING THE LEGAL NORMS REGULATING ASPECTS OF INSTITUTIONAL AND BUSINESS ACTIVITIES IN SURAKARTA

2019 ◽  
Vol 7 (3) ◽  
pp. 45-51
Author(s):  
Kelik Wardiono ◽  
Wardah Yuspin
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Qualitative Approach ◽  
Primary Data ◽  
Microfinance Institutions ◽  
Business Incubation ◽  
Legal Norms ◽  
Positive Law ◽  
Library Studies ◽  
Depth Interviews

Purpose of study: Research aims at the study of legal norms that are formed and used to regulate the institutional aspects and business activities of the Islamic Micro Finance (LKMS) as well as the counter-hegemonic movement that lies behind them. Methodology: This research employs qualitative approach, which based on secondary data in the form of written documents, collected through library studies and primary data from informants, collected through in-depth interviews and observations in four LKMS in Surakarta LKMS Al-Huda UNS, LKMS Al-Abidin, LKMS AmanahUmmahUMS, LKMS Al-Muayyad. Results: The Legal norms established and used to regulate the institutional and business aspects of the four Sharia Microfinance Institutions in Surakarta show that there are certain aspects in common, and differences on the other. The norms used in regulating the institutional and business aspects of Sharia Microfinance Institutions in Surakarta show a mixture of norms in Islamic law and the MUIs Fatwa, the Norms (in positive law) governing banks, financing institutions, partnerships, and cooperatives, with elements of the more prominent Islamic law. Applications: The existence of the equations of the norms used in the background by the existence of counter-hegemonic movement built by The Small Business Incubation Center (PINBUK), which has passed through the corporate phase but has not exceeded the hegemonic phase. While the differences of norms used, due to the different degrees of cultural penetration of each Sharia Microfinance Institutions against the hegemonic movement driven by PINBUK.

LEVEL OF COMPLIANCE OF NARCOTICS VICTIMS IN TURNING MEDICAL AND SOCIAL REHABILITATION

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Rd Triadi
Keyword(s):  
Data Analysis ◽  
Drug Abuse ◽  
Data Collection ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Data Collection Tool ◽  
West Java ◽  
Data Presentation ◽  
Psychotropic Substances ◽  
Social Rehabilitation

The condition of drug abuse in Indonesia is very worrying. According to the records of the National Narcotics Agency (BNN), Indonesian citizens who have been victims of abuse of illicit goods have reached more than 4 million. This paper will review the maslahah murshalah of Islamic law against narcotics, psychotropic substances and addictive substances (NAPZA), their abuse and prevention in the province of West Java. This research is an analytic descriptive type with a qualitative approach. The researcher took the setting in West Java. The research techniques using observation techniques, interviews and documentation as a data collection tool. Data analysis uses data reduction, data presentation and conclusion drawing. The findings of this study are that, the level of compliance of narcotics victims in undergoing medical and social rehabilitation, for children who use narcotics is still not in accordance with the existing legislation, namely where the existing regulations should be rehabilitated for children who abuse drugs, but this provision is not maximal applied, more children were convicted than rehabilitated.

Expanding a Formal Role for Islamic Law in the Indonesian Legal System: The Case of Mu’Amalat

2007 ◽  
Vol 23 (1) ◽  
pp. 249-270
Author(s):  
Alfitri
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Islamic State ◽  
Specific Question ◽  
Legal Code ◽  
Positive Law ◽  
Islamic Jurisprudence ◽  
Personal Law ◽  
Religious Courts

Contemporary conflicts over efforts to expand the role of Islamic law in the national legal system of Indonesia are so intense that they undermine reasoned public debate about this question. They are part of a long-standing polemic, not only about the role of Shariah in Indonesia generally but about the specific question of whether the Jakarta Charter, which references obligations to obey Islamic law, should be restored as part of the Constitution. This article is an attempt to revive the neglected academic discourse on the role of Islamic jurisprudence in Indonesian law, and to move beyond the confused polemics to a thoughtful consideration of where Islamic law fits in a non-Islamic state such as Indonesia. Because Indonesia is a secular state, the Shariah as a whole is not enforced by the state, but the Shariah has a significant meaning for Muslims in Indonesia because it provides the norms distinguishing the obligatory and recommended from those actions which are neutral, disapproved and prohibited in Muslims' lives. Moreover, some elements of Islamic jurisprudence in personal law have been absorbed into positive law in Indonesia through the decisions of religious courts, which have existed since the Dutch colonialism,3 as currently regulated by Law No. 7/1989. The Compilation of Islamic Law No. 1/1991 essentially functions as the legal code for all Muslims who must resort to the religious courts for the adjudication of disputes involving marriage, divorce, inheritance and waqf. Thus, consideration of the propriety of attempts to extend Islamic law to matters of property and of contract is appropriate at this time.

scholarly journals The Problem of Underhand Marriage (Sirri) in Coastal Java Pati

2021 ◽  
Vol 3 (1) ◽  
pp. 81-105
Author(s):  
A. Zaenurrosyid ◽  
Abd Kahfi ◽  
Ali Syafa’
Keyword(s):  
Islamic Law ◽  
Qualitative Approach ◽  
Economic Problems ◽  
Positive Law ◽  
Normative Perspective ◽  
Husband And Wife

Dinamika hukum Islam mengalami tantangan beragam di Nusantara. Pernikahan di Pesisir Jawa menjadi problematis karena dilarang dalam hukum positif, namun dibolehkan dalam Islam. Penelitian ini dengan pendekatan kualitatif dalam perspektif sosio-normatif. Ditemukan beberapa kasus pernikahan bawah tangan di Pesisiran Jawa, Pati dengan keragaman alasan suami istri menikah dibawah tangan. Faktor yang dominan adalah persoalan ekonomi, hamil di luar nikah, maupun alasan study. (The dynamics of Islamic law face various challenges in the archipelago. Marriage on Marriage on the coastal Java becomes problematic because it is prohibited in positive law, but is allowed in Islam. This research applied a qualitative approach in a socio-normative perspective. Several Cases of underhand marriages have been found in coastal Java, Pati with a variety of reasons for husband and wife marrying on underhand. The dominant factors are economic problems, pregnancy out of wedlock, and study reasons.)

scholarly journals Marriage Tradition of Marlojong in Community of Mandailing Natal District (Study of Islamic and Positive Law Implementation)

2019 ◽  
Vol 2 (2) ◽  
pp. 448-460
Author(s):  
Kasman Kasman ◽  
Yasir Nasution ◽  
Pagar Pasaribu
Keyword(s):  
Islamic Law ◽  
Qualitative Approach ◽  
Natural Setting ◽  
Marriage Law ◽  
Positive Law ◽  
Marriage Customs ◽  
Formal Requirements ◽  
Material Requirements ◽  
Descriptive Qualitative

This study is aimed to describe the marriage tradition of Marlojong in community of Mandailing Natal District. This study focuses on study of Islamic and positive law implementation of the marlojong. This study is conducted by using descriptive qualitative approach because this study is to understand phenomena related to the implementation of marriage law in a natural setting of society, to understand a phenomenon based on information data obtained from informants. The result shows that there are there motivations of marlojong marriage implementation in Mandailing Natal District. First because they were unable to pay the dowry / tuor requested by the parents of the girl. Second, because they were not allowed to get married. Third, because they avoided the costs of implementing the marriage customs. The implementation of marlojong marriage in the Mandailing Natal community does not contradict the provisions of Islamic law. Pillars and marital conditions are met in accordance with the provisions of Islamic law. So that the marlojong marriage carried out by the Mandailing community is legal according to Islamic Law. The implementation of Marlojong marriage to the Mandailing Natal community according to Positive Law in Indonesia is legal because it does not violate the material requirements and formal requirements that have been determined in Law No. 1 of 1974 concerning Marriage and Compilation of Islamic Law. 

scholarly journals Legal Implementation and Effectiveness of Fulfilling Post Divorce Children

2020 ◽  
Vol 8 (2) ◽  
pp. 193-201
Author(s):  
Musidah Musidah
Keyword(s):  
Empirical Research ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Male Parent ◽  
Legal Certainty ◽  
Legal Studies ◽  
Positive Law ◽  
Break Up

In the study of Islamic law and positive law, children are the responsibility of parents until the child is an adult. But the most dominant in supporting the child is the male parent since the child came out of the mother's womb. In this study the focus is on the form of implementation and legal effectiveness of the decision on the livelihood of the child which imposes responsibilities to the father after the marriage break up due to divorce. This study aims to understand and analyze relating to the Implementation of Law and the Effectiveness of Post-Divorce Childhood Fulfillment. This study uses a qualitative approach, with the type of socio-legal studies or juridical-empirical research. The results showed that the implementation of the fulfillment of children's livelihoods after the breakup of marriage due to divorce can be said to not fully reach the target (not yet effective). So that judges are deemed necessary to take steps so that the fulfillment of children's living after divorce can be carried out, for the sake of legal certainty of children as victims of divorce from both parents.

scholarly journals The decision on joint properties in Bengkulu High Religious Court Jurisdiction

2021 ◽  
Vol 21 (1) ◽  
pp. 99-118
Author(s):  
Jayusman Jayusman
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Positive Law ◽  
Library Research ◽  
Joint Properties ◽  
Sense Of Justice ◽  
Religious Courts ◽  
Joint Property

Joint property disputes after divorce at the Religious Courts (PA) under the Bengkulu High Religious Court (PTA) jurisdiction are always equally settled by giving half for each ex-spouse, regardless of the domination in working to earn the properties. The decisions refer to the article 97 of the Compilation of Islamic Law (KHI). The decisions do not fulfill sense of justice regarding the ex-wife participating in earning the living. This library research would like to descriptively analyze the progressive law reviews of the decision related to joint properties with working wives set at some Religious Courts under the Bengkulu High Religious Court jurisdiction in 2016-2019 periods, in the context of reforming the Marriage Law in Indonesia. In drawing conclusions, the data are analyzed by applying progressive law theory. The study shows that Religious Courts’ decisions are not regulated in traditional Islamic law, but they are found in contemporary Islamic law by analogizing them as Shirkah with the division based on the agreement between the parties. In positive law perspective, the joint property division has been determined with each equally get half. In the meantime, from the progressive law perspective in the context of reforming the Indonesian Marriage Law, ex-wives participating in earning living should get a larger portion of joint properties than their ex-husbands, to fulfill the sense of justice. Their portions are decided amicably on the agreements of the parties

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