scholarly journals HAK KEWARISAN SUAMI DALAM PERNIKAHAN SEMANDA PADA MASYARAKAT HUKUM ADAT LAMPUNG SEBATIN

ASAS ◽  
2019 ◽  
Vol 10 (02) ◽  
pp. 46-63
Author(s):  
Zuhraini Zuhraini

The Sebatin Lampung customary law community, seen from the lineage system including genealogical customary law community, draws on the patrilineal lineage. In the marriage system using an honest marriage system, where the wife is included in the husband's relatives. But for certain reasons, the Semanda marriage system was also used by the Sebatin Lampung customary law community. In the marriage system, the husband follows or is in the environment of his wife's relatives. In semanda marriage, which has more role in the inheritance dominated by the wife because the assets managed are indeed owned by the wife's family. If they get shared assets during the marriage, is there a husband's right to joint property in the distribution of inheritance. Based on the above background, the problem in this paper is how the distribution of inheritance in the Sebatin Lampung customary law community and how the husband's inheritance rights in Semanda marriage Sebatin Lampung Customary Law Community. The first research objective was to analyze the distribution of inheritance rights in Sebatin Lampung Customary Law Society. Second, to examine and analyze the husband's inheritance rights in the marriage of SemandaSebatin Lampung Customary Law Society. The method in this study, seen from its type, is qualitative research, even if seen from the nature of this research is library research. Data analysis using qualitative descriptive. The conclusion obtained in this study is First, For the Sebatin Lampung customary law community, inheritance system uses a system of major inheritance. This means that inheritance will fall on the oldest son. Assets inherited to the oldest sons are inheritance, customary titles, and parental property which is the result of the parents' efforts while still alive. Second, the distribution system of inheritance for husbands who carry out semi-marriages at the Sebatin Lampung customary law community, carried out in accordance with the conditions and conditions of each family. This division can be seen from two conditions. If in the family there are children born in semanda marriage, then the inheritance of the wife is given to the eldest son and the oldest child will take the policy to share or give part to his younger siblings. If there are no children, the inheritance is taken over by the wife's family while the husband does not get a shareKeywords: husband's inheritance rights, semanda marriage and sebatin Lampung customary law community.

2020 ◽  
Vol 6 (2) ◽  
pp. 156-171
Author(s):  
Dian Febrianingsih ◽  
Putri Nur Indah Sari

  Abstract: This study aims to describe and analyze the role of fathers in family Islamic education. The purpose of the research is to increase the treasury of knowledge for educational researchers, especially the education of girls in the family. The research used is qualitative research with case studies aimed at obtaining a complete and in-depth description. Data collection is done by observation, interviews and documentation. Data analysis was performed with the concept of data triangulation. Qualitative research data analysis techniques through data triangulation are analyzing the results of interviews by checking the validity of the data which includes sources, methods, investigators, and theories. Data analysis shows that fathers as research subjects are willing to be directly involved in education and childcare. The willingness of subjects to provide Islamic education to their daughters is motivated by factors of psychological well-being, personality, attitudes and diversity (religiosity). Planting the faith, sharia and morals of fathers in daughters since their daughters are small. Even since the child is still in the womb of his wife. They use educational methods such as educating by example, habits, advice, attention, and punishment. Certainly the father established good cooperation with his wife in providing Islamic education to his daughter. So that girls will form Islamic individuals and are accustomed to carrying out daily activities according to Islamic teachings.


2020 ◽  
Vol 4 (1) ◽  
pp. 179
Author(s):  
Tarmizi Tarmizi

Each region has different inheritance traditions, including in the Bugis community in Tellu Siattinge District, Bone Regency. This study aims to determine the distribution system of the Bugis heritagein Tellu Siattinge District, Bone Regency then examined in the perspective of Islamic law. This type of research is a qualitative research and research data was collected through document studies, observations and interviews with the community. The results showed that the transfer of assets was generally carried out before the testator died through grants or willswhich is divided by deliberation while assets that have not been divided will be distributed after the heir dies as inheritance. The main heir who inherits only children, the determination of the portion received by the heirs depends on the agreement and the portion received by men and women is generally generalized. The system of inheritance is not appropriate according to Islamic law, especially in fiqh mawāriṡ, but because the distribution is done based on mutual agreement (islah), this is permitted with a record as long as the rights of each heir are taken into account and there is no conflict in the distribution of inheritance.


2020 ◽  
Vol 2 (1) ◽  
pp. 64
Author(s):  
Suryadi Suryadi ◽  
Sukamto Sukamto

Thinking and looking for the proposition to ma'rifat to Allah SWT is the first obligation for a Mukallaf (one who has received the burden of taklif). Knowing God means that someone also knows himself. Regarding knowing human self, there have actually been many theories that point to this, the proof is that there are many theories about good personality that were sparked by thinkers from the west or by Islamic scholars. In this study, researchers are interested in discussing one personality theory that is very rarely discussed, namely personality theory according to Taqiyuddin An Nabhani specifically his Islamic personality theory. The purpose of this study is as an additional reference and add Khazanah knowledge about human personality. Taqiyuddin An Nabhani is a contemporary cleric from the Palestinian area who has given birth to many works both in fiqh and politics. This research is a qualitative research with a type of library research. Data analysis technique used in this research is content analysis, namely by analyzing various reference sources both primary and secondary. After researchers examine several sources, it can be concluded that according to Taqiyuddin An Nabhani, humans have two elements of personality, namely thought patterns (‘aqliyah) and attitude patterns (nafsiyah). Mindset is a method used in understanding or thinking about something. In other words, mindset is a method used to associate facts with information, or vice versa, based on a certain basis or several methods. While the attitude pattern is a method used by humans by linking the impulse of distribution (fulfillment) with mafahim (understanding) or the way used by humans to meet gharizah (instincts) and physical needs. a person can be said to have an Islamic personality if he has ‘aqliyah Islamiyah (Islamic mindset) and nafsiyah Islamiyah (Islamic attitude pattern). If one of the two does not exist in a person then in fact he does not have an Islamic personality.


2020 ◽  
Vol 6 (2) ◽  
pp. 133-142
Author(s):  
Maftuhah

Abstract: The purpose of this study is to determine whether there is an effect of cooperation between parents and teachers on Islamic religious education at MTs Muhammadiyah 03 Sedayulawas Lamongan. This research is a qualitative research with a background at MTs Muhammadiyah 03 Sedayulawas Lamongan. Data collection was carried out through observation, interviews / interviews, and documentation. This research uses a qualitative descriptive approach, so the presence of researchers in the field is very important. Researchers act directly as instruments and as data collectors from in-depth observations and are actively involved in research. Data in the form of words were obtained from informants,while additional data was in the form of documents. Data analysis is done by examining existing data, then reducing data, presenting data and drawing conclusions and the final stage of data analysis is to validate the data by using the accuracy and persistence of triangulation observations. The results showed: (1) The cooperation of parents and teachers. (2) Efforts to improve Islamic Religious Education. (3) The effect of cooperation between parents and teachers on Islamic Religious Education


2021 ◽  
Vol 5 (2) ◽  
pp. 498-505
Author(s):  
Irwan Irwan

The research aims to identify and develop the revitalization of civic disposition in fostering the values of Pancasila at SDN 3 Nganganaumala. The research design used a qualitative research type with a qualitative descriptive approach. The subjects used as samples in this study were students, educators, school leaders and parents, totaling 52 people. Research data collection was carried out by observation, interview and documentation techniques. Data analysis used an interactive model consisting of sorting data, describing the data and interpreting conclusions. The results showed that the revitalization of civic disposition in fostering the values of Pancasila in SDN 3 Nganganaumala from all the participants had different answers and experiences consisting of the competence of role models for good students, a conducive and meaningful will given to students , habits of self-respect and integration of school members in fostering morality. The conclusion from research in the revitalization of civic disposition fosters the values of Pancasila, all school residents and parents who have been applied in schools have a good effect.


2021 ◽  
Vol 3 (01) ◽  
pp. 67-78
Author(s):  
Mugiarto

Abstract The role of the cottage pesantern in fostering morals already uncontested again with a lot of challenges and temptations for the life of the students. This study aims to describe and learn about the role of boarding school in fostering promiscuity teen in SMK Ma'arif 1 Kebumen. This study is a field research and types of qualitative research. Data collection techniques using observation, documentation and interviews. The data analysis technique that used qualitative descriptive analysis which consists of 3 grooves of the activities that take place simultaneously, namely data reduction, data presentation and withdrawal of conclusion. This technique is used as a reference for the writing of the results of research and facilitate understanding of the description, which presented the results of the end of the study. The research will be looking the role of the pesantren in the development of character in SMK ma'arif 1 Kebumen. Expected from the coaching to the youth as the next generation can give birth to a generation better. The generation that is able to maintain values but can contribute to the development of the Indonesian nation from the physical and spiritual. Keywords: Coaching, Chastity, Integration, Boarding School, School.


2019 ◽  
Vol 1 (1) ◽  
pp. 1-10
Author(s):  
Eko Yudis Parlin Rajagukguk ◽  
Suhaidi Suhaidi ◽  
Jelly Leviza ◽  
Anggreni Atmei Lubis

Nowadays, the refugees’ problems have become a concern towards international society. The study aims to discover how the role ofimmigration officers to organize the foreigners may enter Indonesian territory. Then, the research discover how the impact of refugees existence towards Indonesian people. Then again, what is barrier faced by the immigration officers in handling the refugees in Immigration Detention House in Medan. The method of approach used in this study is a normative approach based on the laws and regulations as a review at the conceptual level about the meaning and purpose of various national legal regulations Number 6 of 2011 concerning Immigration against refugees in Indonesian territory. Data Collection Tools, Library Research (data analysis) Analysis of the data in this study using qualitative methods. The process of analyzing data in qualitative research begins by examining all data collected from various sources, namely from interviews, observations that have been written in field notes, personal documents, official documents, pictures, photographs and so on. The immigration officers of Indonesia manage the foreigners that entering Indonesian territory by applying selective policy. The refugees in Indonesian territory have a crucial impact towards Indonesian society.


AL- ADALAH ◽  
2021 ◽  
Vol 17 (2) ◽  
pp. 295-314
Author(s):  
Yayan Sopyan ◽  
Nusirwan Nusirwan ◽  
Isnawati Rais ◽  
Asmawi Aswawi

The Sai Batin indigenous people use the “jujur” form of marriage the male majorate inheritance system, a system in which the oldest son is entitled to all inheritance and is the successor of their descendants. So strong is the position of sons in the family that if a family does not have a son, then the family is considered as having no or broken offspring. For this reason, in the Sai Batin kinship system, the adoption of a son, either from an internal or external family, is an alternative solution. This research is qualitative research using the Islamic Law Anthropology approach. In the data collection stage, the writer used the dept-interview technique combined with a survey. This research concludes that although most of the Sai Batin tribes still adhere to the customary inheritance system, however, there has been a tendency to no longer use customary law, especially in matters of inheritance, because it is considered unfair. This is indicated by the tendency of parents to bequeath property to all their children through a grant mechanism or to distribute inheritance based on Islamic inheritance law. This change is influenced by many factors, including the most dominant factors are education, economy, and social interaction.


2020 ◽  
Vol 15 (3) ◽  
pp. 4163
Author(s):  
Ida Ayu Made Wedasuwari ◽  
I Wayan Rasna

This study aims to determine the analysis of cultural semiotics, sociosemiotic and structural semiotic of poem entitled Pesona Batik. The design of this research was qualitative descriptive research design. The data of this research was taken from a poem entitled Pesona Batik by Uswatun Khasanah. The data was collected through observation, note-taking and library research. Data analysis was performed by data reduction, data presentation, data verification and data interpetation. The meaning implied by the poem was analyzed by cultural semiotic theory. It was found that the cultural element was expressed deeply through the beauty of Batik depicted in the poem. In addition, through structural semiotic analysis, it was also found that words were arranged in the form of phrases and clauses which were easily to be understood.  The word meaning found in this poem was more denotative and lexiconic.


2019 ◽  
Vol 1 (2) ◽  
pp. 213-231
Author(s):  
Lailatul Mawaddah

Trial of Assassination is an action carried out with the intention of killing people, but the person who wants to be killed does not die. In KHI Article 173 stated that the trial of assassination were prevented from inheriting, but in fiqh did not mention this, because that was the result of  ijtihad by Indonesian Islamic law experts. Based on this, this research attempted to explain the provisions of the KHI regarding the trial of assassination as mawani' al-irth, and the provisions of KHI regarding the trial of assasination as mawani‘ al-irth seen in the motivations behind it. Both of these will be studied using the perspective of maqașid al-syari'ah. The type of research used in this thesis is library research (qualitative research). Sources of data from this study come from the book al-Muwafaqat, Tasyri 'al-Jinaai al-Islami, Al-Fatawa al-Fiqhiyyah al-Kubra, Al-Tahzib fi Fiqh Imam Al-Syafi'i and the book Compilation of Islamic Law by Cik Hasan Bisri, as well as books and journals relating to maqașid al-syari'ah and mawani' al-irth. Data collection method is carried out in documentation and data analysis method in the form of qualitative descriptive. The results of the study indicate that the provisions of the KHI Article 173 concerning trial of assassination that’s hindered from inheriting is not suitable to be applied. Because the trial of assassination does not cause a person to die. Then in KHI also do not recognize the term forgiveness, even though the opportunity to be forgiven by the own heir is very large. Furthermore, in KHI, it does not consider the background of doing this action, even though between one person and another person has different intentions and objectives. Although the trial of assassination is a case that violates the existence of maqașid al-syari‘ah from the needs of the dharuriyyah, which is guarding the soul (hifz al-nafs), the benefit here is to apply a law according to the conditions that it wants. Because the basic purpose of Islamic law (maqașid al-syari‘ah) is to gain benefit and prevent damage (mafsadah).


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