scholarly journals Tinjauan Hukum Islam tentang Pembebanan Mut’ah dan Nafkah Iddah terhadap Suami yang Murtad (Studi Kasus Putusan Pengadilan Agama Nganjuk No: 1830/Pdt.G/2016/PA.Ngj)

2019 ◽  
Vol 3 (2) ◽  
pp. 365
Author(s):  
Rika Fitriani ◽  
Abdul Aziz
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Field Research ◽  
Qualitative Approach ◽  
Court Decision ◽  
Legal Basis ◽  
Definition Of

When obligations do not work in a balanced manner in fostering a household, disputes and arguments often occurs which will result in the termination of a marriage.  Divorce can occur by various factors in a marriage.  One of the factors that divorce causesare one among apostate husbands or wives, which if the marriage continues to be maintained will cause loss. As a result of the divorce because the husband has lapsed into marriage, the marriage is immediately finished, and if the marriage is fulfilled, a wife will not get mut'ah and a living from her husband, but it is different from being practiced in a religious court whose husband is burdened with giving mut '  ah and livelihood iddah.  So with the existence of these problems the author will review the judges' considerations in considering their decisions and reviewing Islamic law. This study aims to find out about the definition of Mut'ah, the livelihood of iddah and apostasy, to find out the legal basis used by the judge in deciding cases and what according to the views viewed from Islamic law.To answer these three problems, the researcher used a qualitative approach with field research that collected data directly from the source.  In qualitative research, the researcher is faced directly with the respondent, namely a direct interview by the Judge in the Nganjuk Religious Court.Based on the research, even though the husband apostatized and married the husband was still obliged to give mut'ah and livelihood because even though the apostate's husband would not obstruct the husband's obligation to his wife, and the divorce divorce case was equated with ordinary divorce divorce.  Judges use the basis of article 149, 117, with reasons for divorce article 116 letter (f) and (h) KHI (Compilation of Islamic Law) and the results of RAKERNAS MARI in 2005. and viewed from a review of Islamic law judges use volcanic jurisprudence II if  the termination of marriage because of apostasy does not require a court decision or judge's decision and is immediately canceled and does not see the consequences of the apostasy. 

POLIGAMI DALAM PERSPEKTIF AL-QUR’AN

2016 ◽  
Vol 1 (2) ◽  
pp. 35-50
Author(s):  
Makrum Makrum
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Comprehensive Understanding ◽  
Research Results ◽  
Library Research ◽  
Difference Of Opinion ◽  
Controversial Problem ◽  
The Difference ◽  
Interpretation Method

This paper is discusion the polygamy is still a controversial problem, although much discussed and examined. The difference of opinion among scholars make this problem continues to potentially raises the agree and disagree. Even though it has been regulated in Act Number 1 of 1974 concerning marriage and the compilation of Islamic law (KHI), this does not necessarily make the problem of polygamy is complete. Not a few perpetrators of polygamy choose married under the hand or by sirri. This research uses qualitative approach by implementing thematic interpretation method (maudhu'i) to obtain a comprehensive understanding about polygamy in the Qur'an. The Data obtained through the study of a library research by sharing the data that comes from the various verse of the Qur'an, hadith, book fiqh, research results, books and the news in various media outlets in order to complete the interpretation of the verses of polygamy. Based on the results of this research it is known that the verses of the Qur'an gives a very tight restrictions for those who want to in polygamy. Justice that the conditions of polygamy is not only were quantitative but also qualitative research. In the context of historical-socio, the command of polygamy is intended as a form of the solution to avoid injustice to orphans women. Even if polygamy still want to do, should the husband marrying the widows who have lighten the orphan.

Analisis Pembiayaan Dana Talangan Haji untuk  Biaya Perjalan Ibadah Haji

2018 ◽  
Vol 1 (2) ◽  
pp. 228-244
Author(s):  
Asmawarna Sinaga ◽  
Anjur Perkasa Alam ◽  
Fariz Arkan ◽  
Sri Wahyuni Hasibuan
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Interactive Methods ◽  
Islamic Banks ◽  
Data Presentation ◽  
Analysis Techniques ◽  
Collection Data ◽  
Definition Of ◽  
The Cost

  Analysis of the amount of financing the hajj bailout for the cost of the pilgrimage (Case Study of Bank Sumut Syariah Sub-Branch Stabat).Asmawarna Sinaga and Anjur Perkasa Alam. Hajj financing is a loan from a sharia bank to customers to cover the shortage of funds to obtain a seat (seat) Hajj at the time of repayment BPIH (Hajj Travel Expenses). This financing product uses the Qardh Wal Ijarah principle. The purpose of this research is to know the view of Islamic law against financing of Hajj bailout fund and to know the view of Islamic law about ujrah fee on akad of bailout fund of Hajj. This research is field research. The definition of the Hajj bailout is a bailout fund from a bank to a special customer to cover kekurangandana to cover the lack of funds to obtain a portion number at the time to pay the cost of organizing the pilgrimage. The research design uses a qualitative approach with non-statistical analysis While the data analysis techniques use content analysis and interactive methods consisting of data reduction, data collection, data presentation and conclusion. The results of this study note that the akad bailout funds in Islamic banks contain multi-akad, where the contract used qardh and ijarah is allowed. While the view of Islamic law regarding the taking of ujrah fee on hajj bailout fund is not in accordance with sharia due to the percentage of ujrah fee based on qardh fund.

scholarly journals Pergaulan dalam Pertunangan dan Khalwat fi Ma’na al-Haml: Studi Budaya Pertunangan di Daerah Madura

2019 ◽  
Vol 6 (1) ◽  
pp. 35-55
Author(s):  
Abdur Rakib
Keyword(s):  
Social Movements ◽  
Empirical Data ◽  
Islamic Law ◽  
Family System ◽  
Field Research ◽  
Research Field ◽  
Qualitative Approach ◽  
Statistical Procedures ◽  
Library Research ◽  
Culture History

This research basically is to find the position of ‘urf as one of the theories that can provide legal changes in an authoritative-inclusive way to fiqh in the word khalwat in the definitive aspects of syar'iyyah in relation to culture of riding with fiancees in the Madura area. As an external consideration in cultural studies, ‘urf is one of the continuous theories with the discussion of adat to determine law in an authoritative-inclusive manner. In this study using a type of field research (field research) because it involves empirical data that views law as a set of behaviors, actions, and reality. In addition, also library research (library research) to obtain data about a norm while reviewing theories with a qualitative approach because it cannot be obtained by mathematical or numerical statistical procedures, so that it can contain about people's lives (culture), history, ethics, social movements , or family system. From the process of analyzing the meaning of khalwat using the theory of ma'na al-haml with the consideration of 'urf in which there are several elements of maslahat, this study concludes that' urf can change the position of Islamic law by combining consideration of several conditions through the process of changing meaning used in redefining the word khalwat. So as to enable culture to be engaged during the engagement period as happened in the Sumenep and Madura communities in general as a consideration of ‘valid urf. Keywords: Relationship in Engagement, ‘Urf, and Madura.

scholarly journals Tinjauan Hukum Islam Terhadap Pernikahan Beda Kasta (Studi Kasus Desa Ngafan Kabupaten Maluku Tenggara)

2021 ◽  
Vol 2 (1) ◽  
pp. 148-159
Author(s):  
Ronny Mahmuddin ◽  
Saifullah bin Anshor ◽  
Hamdan Ngaja
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Islamic Law ◽  
Male Partner ◽  
Field Research ◽  
Research Field ◽  
Religious Leaders ◽  
Special Interests ◽  
Legal Requirements ◽  
Depth Interviews

This study aims to determine the prohibition of inter-caste marriage in Ngafan Village, Southeast Maluku, and Islamic legal views on caste marriage in the customs of the Kei tribe, especially in Ngafan Village, Southeast Maluku Regency. This research is descriptive qualitative research with the type of field research (Field Research). The data collection techniques used were in-depth interviews and documentation. The results showed that: 1) The prohibition of inter-caste marriage (not equal) carried out by some people in Ngafan Village is the prohibition of marriage between women from the Mel-Mel caste (highest caste) and men from Riy-Riy (lowest caste). If there is a marriage between these castes, it depends on their family, if they agree then the marriage is still safe, but if they refuse the marriage can be canceled. 2) In Islamic law the scholars differ on the issue of caste (equality) in marriage. Jumhur ulama said that the caste referred to in marriage is religion, independence, social strata and, descent. Imam Malik said that the caste in question was the religion and was free from diseases that were deemed incurable. Meanwhile, the al-Ẓahiriyyah mazhab said that only Muslims were the conditions for marriage. The scholars do not require that caste be part of the legal requirements of marriage, but caste is included in the category of luzu> m requirements, a condition that allows a female guardian to request an annulment of marriage if the male partner is not in the same caste. So the prohibition of marriage is not equal in Ngafan Village can be justified based on the opinion of some scholars. The implementation of this research is expected to contribute theoretically and practically to religious leaders, parties with special interests, and society in general.

scholarly journals Studi Tentang Perkembangan Kesabaran Anak 4-5 Tahun Melalui Budaya Antre di TK Bina Kasih Terpadu

2020 ◽  
Vol 1 (2) ◽  
pp. 114-128
Author(s):  
Syukbertien Kariani Lombu ◽  
Eny Suprihatin
Keyword(s):  
Qualitative Research ◽  
Field Research ◽  
Research Field ◽  
Kindergarten Children ◽  
School Bus ◽  
Descriptive Data ◽  
Qualitative Descriptive ◽  
Group A ◽  
Definition Of ◽  
North Sumatra

AbstractThe research entitled The Study of the Development of Patience of Children 4-5 Years through Queuing Culture at Bina Kasih Terpadu Kindergarten, Rumah Sumbul Village, Sibolangit District, Deli Serdang Regency, North Sumatra Province, aims to explore the results of queuing cultural habituation for Kindergarten A students in terms of development. patience. This type of research is field research (field research) using qualitative descriptive methods, which try to reveal the facts as they are. Qualitative research is an indepth study. Field research steps were carried out using descriptive data in the form of written and spoken words, observations of behavior and phenomena. Qualitative research emphasizes the meaning, reasoning, and definition of certain situations in certain contexts. Researching everyday life. The study was conducted on 9 children. From observations, it appears that children push each other and overtake when getting off the school bus, push friends when shaking hands with the teacher, place shoes carelessly on the shelf when entering class, run while washing their hands and run around on the bus when they come home from school. Therefore it is interesting to study the development of patience for children aged 4-5 years through the habit of queuing. Data were collected through observation, interviews and documentation. The habit of queuing starts at 08:00 WIB when the children get off the bus, at 08:30 WIB when entering class, at 10:30 WIB when washing their hands and at 11:00 WIB when the children take the bus back home. The results showed that through habituation queuing was able to develop patience in Bina Kasih Terpadu Kindergarten children group A. The conclusion was that children's patience could be developed through habituation. In this case it is the cultural habituation of queuing.AbstrakPenelitian dengan judul Studi Tentang Perkembangan Kesabaran Anak 4-5 Tahun Melalui Budaya Antre di TK Bina Kasih Terpadu, Desa Rumah Sumbul, Kecamatan Sibolangit, Kabupaten Deli Serdang, Provinsi Sumatera Utara, bertujuan untuk mendalami hasil pembiasaan budaya antre bagi siswa TK A dalam hal perkembangan kesabaran. Jenis penelitian ini adalah Penelitian lapangan (field research) menggunakan metode deskriptif kualitatif, yang berusaha mengungkapkan fakta apa adanya. Penelitian kualitatif merupakan penyelidikan mendalam (indepth study). Dilakukan langkah-langkah penelitian lapangan menggunakan data deskriptif berupa kata-kata tertulis maupun lisan, pengamatan perilaku serta fenomena-fenomena. Penelitian kualitatif memberikan penekanan pada makna, penalaran, definisi situasi tertentu dalam konteks tertentu. Meneliti kehidupan sehari-hari. Penelitian dilakukan pada 9 anak. Dari pengamatan tampak anak saling dorong dan mendahului saat turun dari bus sekolah, mendorong teman saat bersalaman dengan guru, meletakkan sepatu dengan sembarangan di rak ketika masuk kelas, berlari saat mencuci tangan dan berlarian naik bus saat pulang sekolah. Oleh sebab itu menarik untuk diteliti perkembangan kesabaran anak usia 4-5 tahun melalui pembiasaan antre. Data dikumpulkan melalui pengamatan, wawancara dan dokumentasi. Pembiasaan antre dilakukan mulai jam 08:00 WIB saat anak-anak turun dari bus, jam 08:30 WIB saat masuk dalam kelas, jam 10:30 WIB saat mencuci tangan dan jam 11:00 WIB saat anak-anak naik bus pulang ke rumah. Hasil penelitian menunjukkan bahwa melalui pembiasaan antre mampu mengembangkan kesabaran pada anak TK Bina Kasih Terpadu kelompok A. Kesimpulannya adalah bahwa kesabaran anak dapat dikembangkan dengan jalan pembiasaan. Dalam hal ini adalah pembiasaan budaya antre.

scholarly journals Role of Forensic Evidence in Upholding Justice: Exploring Islamic Law and the Experience of Syariah Courts in Malaysia

2021 ◽  
Vol 29 (2) ◽  
Author(s):  
Abdul Basir Mohamad ◽  
Nurbazla Ismail
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Family Law ◽  
Case Reports ◽  
Document Analysis ◽  
Analysis Data ◽  
Legal Basis ◽  
Forensic Evidence ◽  
Law Of Evidence

In Islamic law of evidence, there are several forms of evidence commonly used by courts to establish facts. In today’s era, a form of evidence called forensic evidence has also emerged. A question then arises, what is the appropriate legal basis for acceptance of this forensic evidence in the Islamic law of evidence. This paper focuses on the evolution of the Islamic law of evidence and investigates the position of forensic evidence in Islamic law from sources such as the Quran, the Prophet’s traditions, and the practices of the Companions of the Prophet. In addition, this study also looks at the experience of the Malaysian Syariah Courts in terms of how forensic evidence is dealt with in hearing family law cases. The research design of this study is content analysis. Data were obtained by document analysis, including books, papers, journals, case reports, and other records relating to the role of forensic evidence. The methods used to interpret the data for this qualitative research are analytical and deductive. As a result, it can be said that forensic evidence is not an unfamiliar matter in the Islamic law of evidence. In fact, forensic evidence has been relied on by the Syariah Courts of Malaysia in making several decisions for certain cases in order to ensure that justice is upheld in society.

scholarly journals A qualitative approach to evaluate the reconciliation of GOLDX and OneGram in Islamic Finance

2021 ◽  
Vol 39 (1) ◽  
pp. 113-134
Author(s):  
Marwan Mohamed Abdeldayem ◽  
Saeed Hameed Al Dulaimi ◽  
Fuaad Hameed Al Dulaimi
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Vital Role ◽  
Qualitative Approach ◽  
Islamic Finance ◽  
Research Approach ◽  
Extensive Experience ◽  
Comprehensive Knowledge ◽  
The World ◽  
Islamic Countries

The purpose of this study is two-folded. The first purpose is to examine the perception of Islamic finance experts and Shariah scholars on the Islamic cryptocurrency (i.e., GOLDX and OneGram). The question is whether it has a role in reconciling cryptocurrency in Islamic finance. The second is to introduce the new Islamic cryptocurrency to serve these rich Islamic populaces. The study used a qualitative research approach by conducting interviews to explore the Islamic scholars’ views on the framework of the new Islamic cryptocurrency. The scholars have been deemed to meet particular requirements of having comprehensive knowledge and have extensive experience in both the Islamic Shariah and cryptocurrency. Accordingly, the number of such scholars was limited, and eventually, with the access offered only to five scholars from different Islamic countries. We thoroughly analyzed the collected data from the interviews. The findings reveal that Islamic law is absent on the essential models for the conventional cryptocurrency utilization(such as bitcoin) as either a legitimate or illicit apparatus exchange device. Consequently, introducing new Islamic cryptocurrencies is to reconcile cryptocurrencies such as GOLDX and OneGram. They will play a vital role in attracting more than 1.5 billion Muslims around the globe to enter the world of cryptocurrency.

scholarly journals Pengaruh Hukum Islam tentang Larangan Tuak Terhadap Perilaku Masyarakat Desa Boto Kecamatan Semanding

2020 ◽  
Vol 22 (1) ◽  
pp. 1-24
Author(s):  
Husni Habibi
Keyword(s):  
Qualitative Research ◽  
Rural Communities ◽  
Islamic Law ◽  
Field Research ◽  
Community Response ◽  
Actual Behavior ◽  
Legal Norms ◽  
Analysis Techniques ◽  
Community Behavior ◽  
The Village

This article is based on field research aims to answer the question of the influence of Islamic Law on prohibiting liquor (Tuak) towards community behavior of Boto Village in Semanding district of Tuban Regency.  It also strives to analyze the factors that contribute to mold people's behavior. The approach of this research is combining a quantitative survey and qualitative research methods, with data analysis techniques in the form of analytical descriptive. The results of the study conclude that Islamic law is incapable of fashioning the actual behavior of its adherents, especially in the village of Boto. The prohibitions of liquor (tuak) failed to stimulate the behavior of rural communities under Islamic legal norms. This is indicated by the lack of community response to Islamic legal norms. On the contrary, it is conclusively found that the behavior of the majority of people deviates from the Islamic provisions of legal norms about the prohibition of liquor (tuak).

scholarly journals IMPLEMENTASI NAFKAH IDDAH PADA PENGADILAN AGAMA WATAMPONE

2020 ◽  
Vol 2 (1) ◽  
pp. 64-74
Author(s):  
Nur Tasdiq
Keyword(s):  
Qualitative Research ◽  
Legal Status ◽  
Islamic Law ◽  
Legal Basis ◽  
Philosophical Approach ◽  
Religious Courts ◽  
Husband And Wife

Abstract: This research is about the application of iddah income for wives at the Religious Court in Watampone. The main issues regarding the legal status of iddah livelihoods, and how to determine the amount of iddah livelihoods, as well as the efforts of judges in resolving husband's cases refuse to provide iddah livelihoods. This research is a qualitative research with a normative juridical approach and a philosophical approach. The provision of livelihood in the Qur'an and the Compilation of Islamic Law in Indonesia is obligatory to be given to the wife after divorce, requested or not requested in court, as long as the divorce is not due to the wife's nusyuz. But this is not the case with his practice at the Religious Courts in Watampone. Determination of iddah income at the Religious Court in Watampone still prioritizes the agreement between the husband and wife, if an agreement is not found between them, the Panel of Judges will determine the amount by considering the husband's ability and wife's needs. Regarding the case of the husband refusing to provide iddah, the Panel of Judges took several efforts, but the efforts taken did not have a strong legal basis, even some of the efforts taken were not in accordance with the existing procedural law.AbstrakPenelitian ini mengenai penerapan nafkah iddah pada Pengadilan Agama Watampone. Pokok permasalahan tentang status hukum nafkah iddah, dan bagaimana cara penentuan jumlah nafkah iddah, serta upaya hakim dalam menyelesaikan perkara suami menolak memberi nafkah iddah. Penelitian ini adalah penelitian kualitatif dengan pendekatan yuridis normatif dan pendekatan filosofis.Ketentuan nafkah iddah di dalam  al-Qur’an dan Kompilasi Hukum Islam di Indonesia adalah wajib diberikan kepada isteri yang ditalak raj’i, diminta ataupun tidak diminta dalam persidangan, selama perceraian bukan karena nusyuznya isteri. Namun tidak demikian dengan peraktiknya di Pengadilan Agama Watampone. Penentuan nafkah iddah pada Pengadilan Agama Watampone tetap mengedepankan kesepakatan antara pihak suami dan isteri, apabila tidak didapati kesepakatan antara keduanya, maka Majelis Hakim yang akan menentukan jumlahnya dengan mempertimbangkan kemampuan suami dan kebutuhan isteri. Terkait perkara suami menolak memberi nafkah iddah, Majelis Hakim menempuh beberapa upaya, namun upaya yang ditempuh tidak memiliki dasar hukum yang kuat, bahkan beberapa upaya yang ditempuh tidak sesuai dengan hukum acara yang ada.Keywords: Implementation; Iddah; Living Rights; Religious courts.

scholarly journals Tradisi Ziarah Kubur Pasca Pernikahan (Studi Kasus Kelurahan Manisa, Kecamatan Baranti, Kabupaten Sidrap, Sulawesi Selatan)

2020 ◽  
Vol 1 (3) ◽  
pp. 272-293
Author(s):  
Syandri ◽  
Iskandar ◽  
Sulaiman Kadir
Keyword(s):  
Field Study ◽  
Islamic Law ◽  
Field Research ◽  
Qualitative Approach ◽  
Urban Village ◽  
South Sulawesi ◽  
Library Research ◽  
The People ◽  
Special Time

This study aimed to identify the process and purpose of the grave pilgrimage tradition after marriage in Manisa village, Baranti subdisctrict, Sidrap district, South Sulawesi, and also to examine the law of the custom in the view of Islamic law. This research employed a qualitative approach with the field study method (Field Research) and library research. The study shows that: 1. People ini Manisa village after celebrating their wedding they make grave pilgrimage in forms of such as: Determining a certain time according to the agreement of the bride and groom, preparing the necessary preparations such as water, kettles, and pandanus leaves, making ablution before going to the graveyard, praying before entering the cemetery, watering the grave with water mixed with pandanus leaves, holding the gravestone, praying for the late by reciting certain chapters finalized by surah Al-Fatihah. 2. Grave pilgrimage is one of the prescribed acts of worship but it should be in accordance with the guidance of the Prophet. As for what is found in the people of Manisa Urban Village, there are still a number of differences between what they do and what had been exemplified by the Messenger of Allah such as the determination of a special time for the grave pilgrimage, watering the grave, and seeking for blessing from the graves visited.

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