scholarly journals Otoritas Kitab Kuning Dalam Putusan Hakim: Analisis Putusan Hakim di Mahkamah Syar’iyah Lhokseumawe Aceh

2019 ◽  
Vol 19 (1) ◽  
pp. 77-104
Author(s):  
Safriadi Safriadi

In the Islamic law (Fiqh) tradition, "Kitab Kuning" is one of reference in establishing the law. In this context, Kitab Kuning should have the authority to establish law in judicial institutions that implement the Shari'ah system, as is the Syari'ah Court of Lhokseumawe, Aceh. However, the facts show that the judges at the Syar'iyah Court of Lhokseumawe Aceh only referred to legislation as a reference in deciding cases. This article will discuss how the pattern of judges' decision-making and how the position of the Kitab Kuning in making decisions at the Syar'iyah Court of Lhokseumawe? This research is field research and classified as qualitative with a normative juridical approach and empirical sociological approach. This study found that the judge collects various facts that have been submitted by the plaintiff and the defendant, then holds a deliberation to terminate the case to purge general matters to be specific. The Kitab Kuning authority in making decisions at the Mahkamah Syar'iyah of Lhokseumawe is in a position parallel to al-quran and hadith, as a material source. because the source of the decisions of the judges at the Syar'iyah Court of Lhokseumawe came from the PA Act of 1974, the presidential instruction in 1991, and the judicial law in 1970 (formal sources). However, the 3 sources of law in each decision are inspired by the legal descriptions of Kitab Kuning through the Kompilasi Hukum Islam (KHI). Thus the judges should no longer refer to the Kitab Kuning when deciding the case. Because the formal and material laws that apply in the Religious Courts are available and have permanent legal force and the requirements proclaimed by the government are worthy of review.

2021 ◽  
Vol 9 (2) ◽  
pp. 137
Author(s):  
Nazaruddin Nazaruddin ◽  
Andi Rasdiyanah ◽  
Muh. Saleh Ridwan ◽  
Kurniati Kurniati

The purpose of this study is to find out the various factors that cause divorce due to domestic violence in Sinjai Regency and to describe how to resolve divorce due to domestic violence in Sinjai Regency and to elaborate on how divorce due to domestic violence is from an Islamic legal perspective. This research is a qualitative descriptive field research, taking place in Sinjai Regency. The approach used is a normative theological approach, a juridical approach and a sociological approach. The data collection obtained in the field with the technique of observation, interviews / interviews and documentation. The collected data is then processed using data reduction analysis, data presentation and conclusion drawing. Furthermore, by linking one of the theories of Islamic law, namely the theory of existence and competence of religious courts, the process of resolving divorce cases due to domestic violence in Sinjai Regency, which in this case is the authorized and entitled institution in resolving it, namely the Sinjai level I religious court, goes through several stages. namely through table I, table II and table III. However, before the plaintiffs and defendants seek justice, the panel of judges first has the obligation to mediate/advise both parties, in which the panel of judges makes every effort to provide the best advice or solution to the plaintiff or defendant. And Islamic law does not legalize violence against wives. Beating a wife who does nusyuz as contained in QS al-Nisa` verse 34 should be interpreted as an act to teach a lesson / for obedience, not to hurt or even do violence. The beatings carried out in the case of nusyuz basically should not injure. Meanwhile, the husband's act of hitting his wife until he is injured or the husband's violence against his wife can be declared as nusyuz of the husband against his wife. Furthermore, related to divorce due to domestic violence in Sinjai Regency which is analyzed from the perspective of Islamic law, the researcher connects one of the theories of Islamic law that applies in Indonesia to date, namely the theory of existence and competence of the Sinjai religious court which refers to the compilation of Islamic law or Islamic law. KHI. al-Nisa` verse 34 should be interpreted as an act to teach a lesson/to obey, not to hurt or even do violence. The beatings carried out in the case of nusyuz are basically not allowed to injure. Meanwhile, the husband's act of hitting his wife until he is injured or the husband's violence against his wife can be declared as nusyuz of the husband against his wife. Furthermore, related to divorce due to domestic violence in Sinjai Regency which is analyzed from the perspective of Islamic law, the researcher connects one of the theories of Islamic law that applies in Indonesia to date, namely the theory of existence and competence of the Sinjai religious court which refers to the compilation of Islamic law or Islamic law. KHI. al-Nisa` verse 34 should be interpreted as an act to teach a lesson/to obey, not to hurt or even do violence. The beatings carried out in the case of nusyuz basically should not injure. Meanwhile, the husband's act of hitting his wife until he is injured or the husband's violence against his wife can be declared as the husband's nusyuz against his wife. Furthermore, related to divorce due to domestic violence in Sinjai Regency which is analyzed from the perspective of Islamic law, the researcher connects one of the theories of Islamic law that applies in Indonesia to date, namely the theory of existence and competence of the Sinjai religious court which refers to the compilation of Islamic law or Islamic law. KHI. The beatings carried out in the case of nusyuz basically should not injure. Meanwhile, the husband's act of hitting his wife until he is injured or the husband's violence against his wife can be declared as nusyuz of the husband against his wife. Furthermore, related to divorce due to domestic violence in Sinjai Regency which is analyzed from the perspective of Islamic law, the researcher connects one of the theories of Islamic law that applies in Indonesia to date, namely the theory of existence and competence of the Sinjai religious court which refers to the compilation of Islamic law or Islamic law. KHI. The beatings carried out in the case of nusyuz are basically not allowed to injure. Meanwhile, the husband's act of hitting his wife until he is injured or the husband's violence against his wife can be declared as the husband's nusyuz against his wife. Furthermore, related to divorce due to domestic violence in Sinjai Regency which is analyzed from the perspective of Islamic law, the researcher connects one of the theories of Islamic law that applies in Indonesia to date, namely the theory of existence and competence of the Sinjai religious court which refers to the compilation of Islamic law or Islamic law. KHI.


2020 ◽  
Vol 14 (2) ◽  
pp. 239-250
Author(s):  
Sarmo Sarmo

This article discusses the practice of changing waqf for socio-educational purposes. The jurists of the fiqh schools argue over the permissibility of exchanging waqf land. As a country where the majority of the population is Muslim, Indonesia has made the guidelines for waqf which are stated in the law. No. 41 of 2004 concerning Waqf, Government Regulation Number 42 of 2006 concerning the implementation of law number 41 of 2004, and the Compilation of Islamic Law in Indonesia. This study is field research conducted in Keniten Village, Kedungbanteng District, Banyumas Regency. This study concluded that the exchange of waqf land in this village was in accordance with the purpose of the waqf and in accordance with the law. No. 41 of 2004 Article 41 paragraph (3). The process of changing donated land for TK Diponegoro 136 is in accordance with Government Regulation Number 42 of 2006 concerning the implementation of law number 41 of 2004. Meanwhile, the relation of Islamic law to the exchange of waqf land in Keniten Village, Kedungbanteng District, Banyumas Regency is debated in accordance with the rules used by each jurisprudence school. Referring to the argument of jalb al-maṣāliḥ wa dar 'al-mafāsid, the exchange of waqf land in Keniten Village, Kedungbanteng District, Banyumas Regency is not against Islamic law because it brings more benefits.


2018 ◽  
Vol 15 (2) ◽  
pp. 62-70
Author(s):  
Mohammad Jeffry Maulidi

This research found that implementation of da’wah in Halal tourism in Special Economic Zones (KEK) in multicultural on the application of Islamic cultural values through social construction and approach of education Sunnah can improve progress and contribution to society and quality of facilitation of educational development to increase understanding source of human power. This research is a field research with qualitative method used with history and sociological approach. Data collection techniques are done by interviews, observations, and documents. A source of data in this study is the community of tourism actors in the Special Economic Zone of Lombok. This research produces and enhances the application of Islamic cultural values to the improvement of Human Resources and preservation of existing local wisdom, in the Special Economic Zones (KEK) is a pro-business policy from the government in order to accelerate the achievement of national economic development, which aims to accelerate regional development.


Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 93
Author(s):  
Ira Alia Maerani

This study aims to find out to know the form of violations and witnesses to the notary position based on Law No. 2 of 2014 concerning the Position of Notary and the perspective of Islamic justice in viewing a notary who is indicated to have committed a crime in connection with an authentic deed he made.            This research uses normative law research or dogmatic law research using the doctrinal method. Normative legal research includes research on legal principles, research on legal systematics, research on vertical and horizontal synchronization stages, comparison of law and legal history.            This research concludes that the notary public is a public official who makes an authentic deed and has the authority as regulated in Article 15,16, 17 of Law No. 2 of 2014 concerning the Position of Notary Public. The notary is obliged to act on trust; honest; independent; objective and safeguard the interests of parties involved in legal actions. Notaries in carrying out their duties and positions if convicted of violations, may be subject to sanctions or sanctions in the form of civil, administrative, and notary code of ethics in accordance with Law of the Republic of Indonesia Number 2 of 2014 concerning Notary Positions. Even so, the Notary Position Law does not regulate criminal sanctions against Notaries. Whereas in practice there is an opportunity for a legal action or violation by a notary related to an authentic deed he made that can be qualified as a criminal offense. A notary who is indicated to have committed a crime in carrying out his authority as a Public Official, of course, must be a concern of the government and law enforcement because the law must be upheld against anyone who commits indiscriminate violations. This rule is a manifestation of the principle of "equality before the law" (equality before the law) which is a fundamental element in the concept of the rule of law. Honesty values; keep the mandate; fair; and this objective is synergistic with the values of justice in an Islamic perspective that promotes justice and problems. Described in the Qur'an An-Nisa verses 58 and 135 and QS. Al Ma'idah verse 8. Islamic law also regulates justice in recording a deed, for example just in recording accounts receivable debts (Q.S. Al Baqoroh: 282)Keywords: Islamic Perspective; Justice; Notary Public; Perpetrators; Criminal Act


2018 ◽  
Vol 3 (1) ◽  
pp. 58-88
Author(s):  
Muhammad Yalis Shokhib

Divorce out of court Religion is considered reasonable by some circles. But, actually that action is contrary to the Act No. 1 of 1974 article 39 that containing a moral message that divorce only be done in front of the Court of Session. Even in the article there is a clause of divorce mayhappen after the relevant Court attempted to reconcile the two sides. The researchers see the ambiguity based on need a new form of ijtihad gave rise to sanctions for perpetrators of Religious divorce out of court. The researcher using field research type because the research was did in the field. This research is descriptive, and the data sourceobtained from the results of interviews with academics positive law and academics Islamic law in Malang. The focus in this research are includes three ways, that are the position of the sanctions in the matter of divorce out of court Religion according to Islamic law, academics positive law view and Islamic academics law view in Malang, about divorce out of court sanction of religion. In this thesis, the researcher found the results of this research that is the sanctions law against divorce out of court Religion serves as reinforcement of laws and nas} in the Qur'an, it is as a deterrent so that doesn't happen as much divorce politico hated God. The researchers choosethe legal sanction is the correct choice to given to perpetrators of Religious divorce out of court, legal sanctions in the form of a prohibition to perform a new marriage. In addition to fine sanctions that are capable of inflicting deterrent effect to offenders of religious divorce, out of court, so that someone will do a divorce before the trial Court religion, and also obedient to the Administration that have been arrange by the government.


2021 ◽  
Vol 7 (3) ◽  
pp. 1313
Author(s):  
Khairuddin Khairuddin

<div class="translate-tooltip-mtz hidden"><div class="header"><div class="header-controls"><em>The people of Gunung Meriah still find many addictions to drinks that can be intoxicating, such as drinking tuak. Therefore, this study aims to find out how the supervision of the government and the community in minimizing wine drinkers and sellers in Gunung Meriah District and Islamic views on the law of drinking tuak, as well as how to sanction those who drink it. To complete this research, the writer uses qualitative research. The techniques used in data collection are observation and in-depth interviews with informants. The result of the research shows that some of the people of Gunung Meriah like to drink tuak, both from officials and ordinary people. 25% of Mount Meriah people are addicted to this tuak drink, it is drunk on certain occasions such as parties or other days. The government does not pay much attention to the problem of tuak drinks, which can be seen from the lack of cases of drinkers and sellers of wine being appointed and given appropriate punishments, only a few people have reached the stage of punishment. Likewise, the community does not interfere too much in dealing with the problem of tuak drinkers and sellers, even though this problem is very serious. Drinking tuak, in the perspective of Islamic law, is a drink that is prohibited because it is intoxicating.</em></div></div><div class="controls"> </div></div>


JURISDICTIE ◽  
2018 ◽  
Vol 8 (2) ◽  
pp. 215
Author(s):  
Yuswalina Yuswalina

<p>Bankruptcy has effect for all creditors, labor is no exception. settlement of property the debtor to the creditor in the event of the debtor is declared bankrupt will depend largely on the position of the creditors. The position of labor creditor’s preferred placed as having special privileges, which will get the first in bankruptcy. However, the property the debtor in bankruptcy is sometimes not enough to pay off all his debts bills including salaries and severance to labor as a preferred creditor. Therefore the author will examine these issues by formulating two problems namely: How the completion of labor rights in the process of bankruptcy according to law No. 13 of 2003 On Labor and How do the views of Islamic law on the settlement of the labor rights in the process of bankruptcy. The conclusions is in compliance because Islamic law already gives privileges in the fulfillment of their rights. but still need to revise several sections to make the provisions of the law in the Undangg more robust in protecting labor rights in the process of bankruptcy and the Government should establish a policy to provide concrete guarantees and protection of the rights of labour or labour in the event of bankruptcy.</p><p><br />Kepailitan berlaku bagi semua kreditur, tenaga kerja tidak terkecuali. penyelesaian harta benda debitur kepada kreditur dalam hal debitur dinyatakan pailit akan sangat tergantung pada posisi kreditor. Posisi kreditur tenaga kerja harus ditempatkan sebagai kreditur yang memiliki hak istimewa, yang akan di utamakan dalam kepailitan. Namun, aset debitur dalam kepailitan terkadang tidak cukup untuk melunasi seluruh tagihan hutangnya termasuk gaji dan pesangon terhadap tenaga kerja sebagai kreditur pilihan. Oleh karena itu penulis akan meneliti masalah ini dengan merumuskan dua masalah yaitu: Bagaimana penyelesaian hak-hak buruh dalam proses kepailitan menurut undang-undang No. 13 tahun 2003 Tentang Ketenagakerjaan dan Bagaimana pandangan hukum Islam tentang penyelesaian hak-hak buruh di proses kepailitan menurut UU No. 13 Tahun 2003 tentang Ketenagakerjaan. Kesimpulan dari penelitian ini dalam undang-undang umum No. 13 tahun 2003 tentang Ketenagakerjaan sudah sesuai karena hukum Islam telah memberikan hak istimewa dalam pemenuhan hak-hak mereka. Namun masih perlu merevisi beberapa bagian untuk membuat ketentuan undang-undang di Undangg lebih kuat dalam melindungi hak-hak buruh dalam proses kepailitan dan Pemerintah harus menetapkan kebijakan untuk memberikan jaminan dan perlindungan konkret hak-hak buruh atau tenaga kerja di bidang peristiwa kepailitan.</p>


2019 ◽  
Vol 1 (1) ◽  
pp. 57-74
Author(s):  
Siti Marlina Masputri

The background of the problem in this research is, in Jambi in the traditional wedding ceremony there is what is called adat money (Selemak Semanis), which is the traditional money given by men to women who will be married if the adat money is not fulfilled so it will not happen marriage. As for the purpose of this study, we want to know the position and legal consequences of giving customary money in Jambi Malay customary marriage, wanting to know the legal consequences of giving customary money in Jambi Malay customary marriage and want to know the Islamic legal review of giving customary money in Jambi Malay customary marriage in Jambi. The approach in this study is a qualitative normative sociological approach. In this study the authors used the type of field research (Field research), by conducting interviews with the local community, village heads, officials of the sharia ', traditional leaders, community leaders, religious scholars, and various parties needed information in writing this research. Based on the data obtained by the author in the field, after being reviewed and understood, the following research results are obtained, firstly that the position of giving customary money is a condition for the implementation of marriage and its nature is a mandatory gift from men to women and legal consequences. from giving customary money in Jambi Malay customary marriage depends on whether or not the man can fulfill the customary money which is determined by the female family, presumably able to fulfill the customary money then the marriage will be held and if the man is unable to fulfill the customary money then marriage and customary money will occur outside of the gift dowry. The two reviews of Islamic law on the giving of customary money do not violate the Qur'an and the Hadith, but there is a mistake in the community in determining the amount of customary money that is too high so that it is burdensome to the men.


2019 ◽  
Vol 1 (1) ◽  
pp. 13-24
Author(s):  
Nizmah Nizmah

The noble Qur'an has explained the laws of inheritance, the conditions of each heir with a sufficient explanation, where no one among humans escapes the inheritance or inheritance. Because the Qur'an is the backing in establishing the law and the extent of its parts. And very few are determined based on Sunnah or ijma. there is no position of nonMuslim children on inheritance in compilation of Islamic law. While the Religious Court is a court that has the authority to examine and try inheritance disputes for people who are Muslim. Thus, if there is a dispute over inheritance issues between children of Muslims and non-Muslims, it must be resolved through the Religious Courts. Formulation of the problem in this study is how the position of non-Muslim children on the inheritance of Islamic heirs is reviewed from the Compilation of Islamic Law. with literature analysis it means that the author takes data based on existing literature. Based on the results of the study, according to the Compilation of Islamic Law dividing inheritance to the entitled heirs is the obligation of heirs to the heir to be implemented after the heirs have carried out other obligations as contained in. The position of nonMuslim children on the inheritance of Islamic heirs based on Islamic law does not obtain inheritance from the inheritance of their parents. According to the Compilation of Islamic Law as in the case of the Religious Court, it shows that the position of non-Islamic children on inheritance from the inheritance of the property of their parents does not receive the right inheritance, but based on the Religious High Court, get a section called "Wasiah Wajibah".


2021 ◽  
Vol 2 (1) ◽  
pp. 78-97
Author(s):  
Khaerul Aqbar ◽  
Sulkifli Herman ◽  
Asri

This study aims to examine how the application of zakat at the time of the Prophet. and khulafaurasyidin as well as examining how the zakat enforcement system in Indonesia and its application from the perspective of Islamic law. In this study, the authors use a type of library research (library research) whose data sources are obtained from written sources, including books, laws, fiqh books, journals, the internet, and other scientific papers related to the object under study, by using Sharia normative theological approach, juridical approach, and sociological approach. The research results found by researchers are as follows; First, zakat is one of the pillars in supporting the economy of Muslims to overcome economic, social, educational, and health disparities in the country of Indonesia. second; The imposition of zakat in Indonesia can be done by revising the contents of law number 23 of 2011, which is to reduce tax for muzakki on zakat that has been fulfilled. third; the government can impose zakat on the Indonesian Muslim community as long as it can manage zakat by the Sharia without any element of cheating in it. fourth; zakat can be enforced in Indonesia if it can strengthen the role of BAZNAS, LAZ, and BAZ nationally by Article 23 of 2011 Law. Fifth; the imposition and management of zakat at the time of the Prophet and khulafaurrasyidin is something that should be emulated because history has proven its success in managing zakat. sixth; muzakki may distribute their zakat directly to mustahik without going through institutions either from the government or institutions under the protection of the government. seventh; according to the perspective of the Islamic law that every leader who manages the affairs of the Muslims is obliged to take care of his affairs by the provisions of the Shari'a. Eighth; in surah al-Taubah / 9 verse 103 the leaders have been instructed to take zakat from Muslims by applicable regulations.


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