scholarly journals GUGAT CERAI: MEMBEBASKAN PREMPUAN DARI PENDERITAAN

QAWWAM ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 101-122
Author(s):  
Nurmala Fahriyanti
Keyword(s):  
Life Cycle ◽  
Social Development ◽  
Islamic Law ◽  
Human Life ◽  
Daily Basis ◽  
State Law ◽  
Legal Systems ◽  
Religious Law ◽  
The Family

In Mataram West Nusa Tenggara, people is lives are regulated on daily basis by religious law, traditional (adat) law and state law. To understand these complex cultural and religious processes as they affect women in particular, I will examine the issue of divorce, also known as sue divorce. This tipe of divorce is socially-sanctioned. I will focus my examination in Mataram, an city of Lombok West Nusa Tenggara. In Lombok society marriage constitutes an important part of the life cycle.  Someone is not considered an adult until marriage.  Marriage is not only united two individual, but also united two families. However this dream canot be realized over the long term.  If family problems arise and  there are no suitable solutions, people may choose to divorce. For instance, if a wife unable to fulfill her obligations as a wife, her husband can divorce her by verbal means alone, according to any of the three existing legal systems (religious customary or state law). By contrast, if her husband unable to fulfill her obligations as a husband his wife can divorce him in only one way by making an application to Islamic Court to do divorce. In marriage available successful couple builds the family that sakinah, mawaddah and warahmah. But then available also that unsuccessful and end with separate or divorce. Separate constitutes a thing that often happens deep good human life divorce the initiating from the husband and also divorce the initiating from the wife, that its cause islamic law puts attention that adequately significant to that thing. It can appear if understand about islamic law, undoubtedly will find both of previous thing and its terminological  islamic law. There is no divorce without started by marriage. But upon that aim not attained, therefore divorce constitutes last way out that must been sailed through. Divorce can't be done but there is grounds which corrected by religion, adat and state law. In islamic law, that divorce grounds experience developing according to social development. Basically islamic law establishes that divorce reason which is wrangle which really culminates and jeopardize the so called soul safety with “ syiqaq ”. Intention is if worried a couple its happening dispute (dispute not only means wrangle among husband or wife can also distinctive principle and opinion) therefore delegate a someone of its husband family and a someone of wife family. And if both of wife and husband will goodness and they can make resolution and look for the solution, but if there are suitable solution wife or husband can do divorce.

scholarly journals PLURALISME HUKUM PERKAWINAN DI TAPANULI SELATAN

2019 ◽  
Vol 43 (1) ◽  
pp. 64
Author(s):  
Ikhwanuddin Harahap
Keyword(s):  
Human Life ◽  
Legal Pluralism ◽  
Qualitative Approach ◽  
Customary Law ◽  
State Law ◽  
Legal Systems ◽  
The South ◽  
Religious Law ◽  
North Sumatra ◽  
Marital Law

<p><strong>Abstrak:</strong> Pluralisme hukum merupakan fenomena universal yang dialami oleh semua bangsa. Ia mencakup berbagai aspek kehidupan manusia seperti hukum, politik, dan ekonomi. Pluralisme hukum adalah keniscayaan yang harus diterima. Dalam bingkai pluralisme hukum, masyarakat dihadapkan pada berbagai pilihan hukum, yaitu hukum adat, hukum agama dan hukum negara, tidak terkecuali masyarakat Tapanuli Selatan Provinsi Sumatera Utara. Masyarakat di daerah ini juga mengalami pluralisme hukum dalam bidang perkawinan. Paling tidak, tiga sistem hukum bisa menjadi pilihan mereka atau bahkan dengan melakukan kombinasi antar hukum yang ada. Penelitian ini dilakukan dengan pendekatan kualitatif fenomenologis untuk melihat bentuk relasi antar hukum yang hidup di tengah-tengah masyarakat Tapanuli Selatan. Temuan penelitian ini mendeskripsikan bahwa pada level tertentu, secara umum, keragaman hukum perkawinan merupakan sebuah harmonisasi, di mana masyarakat menggunakan dua sistem hukum bahkan lebih pada saat yang bersamaan. Namun ada kalanya pada situasi tertentu, keragaman hukum ini berubah menjadi “ketegangan”.</p><p><strong>Abstract:</strong> Legal Pluralism on Marriage in South Tapanuli. Legal pluralism is an universal phenomenon experienced by all nations. He covers various aspects of human life, such as law, politics and economics. Legal pluralism is a necessity that must be accepted. In the framework of legal pluralism, people are faced with a variety of legal choices, namely customary law, religious law and state law. No exception is the South Tapanuli community of North Sumatra Province. Communities in this area also experience legal pluralism in the field of marriage. At least, there are three legal systems that can be choosed or by combining existing laws. This research was conducted with a phenomenological qualitative approach to see the form of inter-legal relations that lived in the midst of the community of South Tapanuli. The findings of this study describe that at a certain level, in general, the diversity of marital law is a harmonization, in which people use two legal systems even more at the same time. But sometimes in certain situations, the legal pluralism turns into “tension”.</p><p><strong>Kata Kunci:</strong> pluralisme hukum, perkawinan, Mandailing, Tapanuli Selatan</p>

scholarly journals MENEJMEN RISIKO DALAM PERFEKTIF ISLAM

2017 ◽  
Vol 5 (1) ◽  
Author(s):  
Supriyo Supriyo
Keyword(s):  
Risk Management ◽  
Production System ◽  
Human Life ◽  
Short Term ◽  
Islamic Perspective ◽  
The Family ◽  
The Future ◽  
Short Run ◽  
A Company

Human life with all its activities in order to meet the needs of life always will always faced the possibility of risk either directly or indirectly, can occur in the short term or long term. A possibility of the occurrence or risk had certainly will affect the activity to be done And adversely affect the economy of a family and even a company, if the risks that occur have a vital impact on the family or an organization. Many failures within a company's organization are due to unforeseen risks occurring as for example the company never thinks that a newly established company is still in the short run abruptly because a workforce lacking control in the production system creates a great fire and spends all and has a bad impact For the economy of a family and even a company, if the risks that occur have a vital impact on the family or an organization. Many failures within a company's organization are due to unforeseen risks occurring as for example the company never thinks that a newly established company is still in the short run abruptly because a workforce lacking control in the production system creates a terrible fire and consumes all the company's assets Newly established. Everyone or anyone else would not want the incident to happen and befall themselves and his business in the future. Keywords: Islamic perspective, Risk management

scholarly journals SHARIAH AND THE POLITICS OF PLURALISM IN INDONESIA: UNDERSTANDING STATE’S RATIONAL APPROACH TO ADAT AND ISLAMIC LAW

2019 ◽  
Vol 4 (1) ◽  
pp. 14-30
Author(s):  
Ratno Lukito
Keyword(s):  
Islamic Law ◽  
Effective Means ◽  
The State ◽  
Rational Approach ◽  
State Law ◽  
Legal Tradition ◽  
Basic Character ◽  
Legal Traditions ◽  
Religious Law ◽  
Adat Law

The distinction in the normative character of legal traditions will give an effect of the state different attitude to those traditions. In the case of Islamic law and adat law in Indonesia, we see that although having different basic character in terms of its foundation of legal creation, Islamic law can relatively be closer to the character of the state law, which is uniform and nationally effective. It is clear here that the nationalization of Islamic law built on the basis of its adherents, and not on the tribe, clan, language, or other local denominations, becomes an effective tool for its rapprochement with the state law, which is also nationalized on the basis of citizenship. Thus, although it is not possible to equalize Islamic law and state law due to the sacredness of the religious law, the scope in the efficacy of both laws can be an effective means of legal rapprochement. This is however not the case with adat law. The character of adat law as a local and heterogeneous legal tradition is intrinsically not in line with the philosophy of national law, which is anti-localism and homogeneous. It is just impossible to bring adat law to become an effective law for all Indonesian citizens. As a result, the rapprochement is difficult between adat law and state law.

The Context of Islamic Law

2019 ◽  
pp. 788-868
Author(s):  
Uwe Kischel
Keyword(s):  
Canon Law ◽  
Islamic Law ◽  
Special Problem ◽  
Special Importance ◽  
State Law ◽  
Religious Law ◽  
Single State ◽  
The Law

This chapter describes Islamic law. Islamic law is not the law of a single state, but rather a religious law of special importance, whose prominence has increased over the last few decades. It is therefore necessary to distinguish between Islamic law and the law in states with predominantly Muslim populations. The defining characteristic of Islamic law is its religious origin and character. In contrast to all state law, it is based on a God-given text, the Koran. Thus, at its core, it is itself divine in nature, not the product of mankind. This explains its special status and claims, but also its special problem. Meanwhile, the latter body of law is geared toward classical Islamic law to widely varying extents. Islamic law is by no means the only example of religious law, but other bodies of religious law—such as Jewish or canon law—are much less significant in the current times.

Islamic Law as a Comparable Model in Comparative Legal Research

2014 ◽  
Vol 3 (2) ◽  
pp. 186-202
Author(s):  
Hamid Harasani
Keyword(s):  
Islamic Law ◽  
Legal Systems ◽  
Legal Transplant ◽  
Legal Studies ◽  
Legal Method ◽  
Religious Law ◽  
The Subject ◽  
First World ◽  
Being Religious ◽  
Comparable Model

Increasingly, Islamic law has become the subject of comparative legal study. Further, in the applied sense, comparative legal studies’ greatest value lies in understanding our own legal systems, as well as benefiting from other legal systems by importing what we lack from them. Unlike secular legal systems, Islamic law, being religious in nature and having eschatological connotations, requires reworking the comparative legal method to take account of that. When it comes to religious laws, hermeneutics play a key role, as a religious legal system will only be receptive to foreign norms if such norms earn their place internally, following hermeneutic justification. Cultural and religious pride, as well as intellectual impartiality, decrees that a legal solution should not be preferable just because it comes from the First World. This paper will therefore formulate a methodology for comparative legal studies where religious law is one of the comparative models and there are potential suggestions of legal transplant.

scholarly journals BARODAK RAPANCAR ON SAMAWAN PEOPLE BALE BRANG VILLAGE

2020 ◽  
Vol 17 (2) ◽  
pp. 1-26
Author(s):  
Miftahudin Miftahudin ◽  
Arif Sugitanata
Keyword(s):  
Life Cycle ◽  
Islamic Law ◽  
Multipurpose Trees ◽  
Cultural Philosophy ◽  
The People ◽  
The Family

This study discusses how the perspective of Islamic law and cultural philosophy and Barodak Rapancar for the Samawa Studi community in Bale Brang Village, Sumbawa Regency. Barodak Rapancar is carried out when someone is going to have a wedding in Bale Brang Village, the couple is scrubbed using a potion commonly referred to by the community as odak, the odak is processed with a mixture of bark from various types of multipurpose trees. The people of Bale Brang believe that if this tradition is not carried out, the family of the bride and groom will experience a form of rabuyak disease. Rabuyak disease namely lumps on the head accompanied by itching, bleeding from the eyes when crying, trance, ribs appearing a few centimeters, and several other strange diseases caused by violating the life cycle ceremony.

scholarly journals عمل المرأة المسلمة وآثاره على الأسرة والمجتمع، وأثره على أحقيتها في المال المشترك

2021 ◽  
Vol 24 (2) ◽  
pp. 2189-245
Author(s):  
Mona Mahmod Farid Ahmed Ghaly
Keyword(s):  
Islamic Law ◽  
Human Life ◽  
The Family ◽  
The Subject ◽  
Marital Disputes ◽  
Woman's Work ◽  
Relationship Of ◽  
The Impact ◽  
Humanitarian Work

This research deals with the work of the Muslim wife, and the consequent disagreement between the spouses regarding it and the salary of the wife, and her entitlement to the joint money. This is because there is an urgent need at this time to rooting the saying about this issue, given the rapid developments that characterize this age. As the current life has made the exit of women to work essential in light of complex social and economic conditions, this issue has become one of the most serious issues that cause conflict and discord between spouses. The research uncovered the origin of marital disputes that may occur due to the wife's work and salary, and the money earned during marriage, and I followed the comparative analytical inductive approach in it. She divided it into an introduction, a preface - in which it clarified the objectives of Islamic law in marriage - and three topics: the first presented the rights and duties of the spouses, while the second came to explain the impact of a woman’s work on the family and society, then she allocated the third to the effect of her work on her entitlement to joint money. The research concluded that knowing the two parties to the marital relationship of each of their rights and duties works to stabilize the spouses, and defuse the discord and conflict between them. Women and men are partners in the architecture of human life and succession on earth. The woman is the basis of the family, the family is the most important human institution, and the good of society is subordinate to the good of the family. The more a society is based on respect and appreciation for women, the easier it will be in establishing their rights and the further from harming them. Good cohabitation requires that the wife not do anything except with the consent of her husband, and on top of those matters is her going out to work. The development occurred - negatively or positively - in Muslim societies led to the mixing of the spouses' money. The wife's contribution to her financial and intangible effort is the motivation behind establishing her share in the joint money. Therefore, the researcher recommends that the work be undertaken to restore the correct religious concepts to society, as the man learns fatherly experiences and the experiences of living within the family, and Islam's honor to women in order to eliminate the tendencies to reduce them and their humanitarian work. Women are made aware that work is not limited to material work with pay only, and that motherhood is the ultimate in work. Limiting the issuance of public fatwas regarding the wife’s work and salary, and looking at the outcome of judgments, and the purposes of Sharia when issuing a fatwa in which no Sharia text is mentioned. Fiqh councils and the role of fatwas should bring the reality on the table to research and fatwa. The use of reason and not rigidity on the rulings decided by our venerable jurists, as long as it does not deny an opinion on the subject of Ijtihad.

SISTEM HUKUM DI ACEH DAN KAITANNYA DENGAN PLURALISME HUKUM

2019 ◽  
Vol 2 (3) ◽  
pp. 323
Author(s):  
Ridha Maulana
Keyword(s):  
Islamic Law ◽  
State Law ◽  
Religious Law ◽  
Adat Law

Aceh merupakan salah satu provinsi di Indonesia yang memilki beberapa sistem hukum. Provinsi Aceh dipandang sebagai provinsi yang memiliki status otonomi khusus bercorak multikultural, karena kemajemukan sistem hukum dalam masyarakatnya. Kemajemukan (Pluralisme) sistem hukum di Aceh disebabkan karena adanya keberagaman suku dan penerapan nilai-nilai Agama Islam dalam setiap sendi kehidupan masyarakat Aceh, terutama di bidang penegakan hukum. Keberagaman (Pluralisme) sistem hukum yang hidup dan berlaku di Aceh mendapat kekuatan hukum dan pengakuan dari pemerintah Indonesia dengan disahkannya Undang-Undang Nomor 11 Tahun 2006 Tentang Pemerintahan Aceh, Sehingga selain berlakunya sistem hukum negara (state law), secara de facto di Aceh juga berlaku sistem hukum adat (adat law), dan sistem hukum agama/hukum Islam (religious law/ Islamic law).

scholarly journals Analisis Data Sistem Informasi Geografis Rumah Tidak Layak Huni (RTLH) Menggunakan Metode Fuzzy Logic

2020 ◽  
Vol 4 (6) ◽  
Author(s):  
Khairil Hamdi
Keyword(s):  
Fuzzy Logic ◽  
Local Governments ◽  
Human Life ◽  
Process Data ◽  
Location Data ◽  
The Family ◽  
Computer Based ◽  
Family Housing ◽  
Input Variables

Houses and other types of housing are things that cannot be separated from the needs of human life. The house function as a place to refuge, a place to live, and to gather with family. Proper housing is the basic need of all people who will strengthen the family, as the main pillar of the nation's strength, at the same time acting as a bastion against various health risks. The properness of a house for family housing becomes the basis for the growth and development of a better family life. Roofs, floors, and walls (aladin) are indicator data of whether a house is proper or not at the time of the survey. An adaptive, flexible and interactive computer-based system is used to solve unstructured problems so the more valuable decisions can be produced. This study describes how to process data using fuzzy logic methods. The expected result is to support the decision whether or not a house is feasible are in accordance with the facts and location data in the field. To determine which housing are categorized as severely damaged, moderate and lightly damaged by using the fuzzy logica method with roof, floor and wall variables as input variables so that local governments will find it easier to sort work priorities in the short, medium and long term

scholarly journals Tawkil Traditions in the Implementation of Marriage Contract in Aceh, Indonesia

2019 ◽  
Vol 2 (3) ◽  
pp. 210-218
Author(s):  
Imran Imran ◽  
Muammar Muammar ◽  
Jauharah Jauharah ◽  
T. Azwar Aziz ◽  
Darmawi Darmawi ◽  
...  
Keyword(s):  
Public Perception ◽  
Islamic Law ◽  
Human Life ◽  
The Public ◽  
Religious Law ◽  
Marriage Contract ◽  
History Of ◽  
The One ◽  
The Guardian

The existence of guardians in the implementation of marriage contract has been explained in Islamic law in a clear and detailed manner. Guardian for a woman becomes one of pillar in the implementation of the marriage contract, and has a systematic sequence that starts from the main one and moves sequentially to the one after, if the one above is considered ‘uzur. But the primacy of the existence of the guardian is not utilized maximally in the perception of the Acehnese people. So that most people tend to represent the implementation of the marriage contract to other people such as pious people or marriage registration officers. The parental guardian prefers to care for his guardian rights to others even though basically there is no obstacle that hinder him. The problem is the practice law of tawkil marriage in the tradition of Aceh people according to Islamic law review. The results of the study shows that the public perception of the implementation of wakalah (tawkil) marriage is based on an understanding about the ability to be brave in the implementation of the marriage contract. But their understanding is based on habits that occur in the traditions of society, not based on the results of scientific studies. Indeed, the practice of tawkil or wakalah marriage that occurs in Acehnese society does not conflict with religious law, but the implication is the erosion of the erosion of the existence of guardians and the parental guardian in a very memorable contract in the history of a human life.

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