scholarly journals TINJAUAN HUKUM ISLAM TERHADAP WEWENANG IMAM MASJID SEBAGAI WALI MUHAKKAM DALAM PERNIKAHAN BAWAH TANGAN

2021 ◽  
Vol 2 (1) ◽  
pp. 1-34
Author(s):  
Moh. Bahropin Hafid ◽  
Muhammad Taufik
Keyword(s):  
Islamic Law ◽  
Religious Conversion ◽  
Marriage Problem ◽  
The Law ◽  
Laws And Regulations

Promiscuity among teenagers is one of the causes of underhand marriages using muhakkam guardians because the perpetrators of promiscuity are ashamed or afraid to report the incident to their family and relatives. In addition, the incident of religious conversion from Hinduism or Christianity to Islam is a factor that often occurs in Tolai village, because basically guardianship of parents other than Islam is not legal according to Islamic law, this causes the marriage process to be represented by a muhakkam guardian. There was a marriage problem that occurred in Tolai Village related to guardianship, a mosque imam married a girl to her partner because the girl did not have a nasab guardian or mujbir guardian because she was a convert, seeing this incident the mosque imam took steps to marry off the two couples without a valid marriage registration according to the law as stated in law number 16 of 2019 concerning marriage in article 2 paragraph 2 which reads: every marriage is recorded according to the applicable laws and regulations. Abstrak Pergaulan bebas dikalangan remaja menjadi salah satu penyebab terjadinya pernikahan bawah tangan dengan  menggunakan wali muhakkam karena para pelaku pergaulan bebas malu ataupun takut untuk melaporkan kejadian itu kepada keluarga dan saudara. Selain itu, peristiwa perpindahan agama dari agama Hindu atau Kristen keagama Islam adalah faktor yang sering terjadi di desa Tolai, karena pada dasarnya perwalian atas orangtua selain Agama Islam adalah tidak sah menurut Hukum Islam, hal ini menyebabkan proses pernikahan diwakilkan kepada wali muhakkam. Terdapat permasalahan Pernikahan yang terjadi di Desa Tolai terkait perwalian, seorang imam masjid menikahkan seorang gadis dengan pasanganya karena gadis tersebut tidak memiliki wali nasab atau wali mujbir karena mualaf, melihat kejadian ini imam masjid  mengambil langkah untuk menikahkan kedua pasangan tersebut  tanpa adanya pencatatan perkawinan yang sah menurut undang-undang sebagaimana tertera dalam undang-undang  nomor 16 tahun 2019 tentang perkawinan pada pasal 2 ayat 2 yang berbunyi: tiap-tiap perkawinan di catat menurut peraturan perundang-undangan yang berlaku.

scholarly journals POLEMIK PEMBERIAN HARTA WARIS MELALUI WASIAT KEPADA ANAK ANGKAT

Asy-Syari ah ◽  
2014 ◽  
Vol 16 (2) ◽  
Author(s):  
Habiburrahman Habiburrahman
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Foster Child ◽  
The Law ◽  
Western Law ◽  
Paper Author ◽  
Laws And Regulations

This paper describes the polemic of the distribution of waris for foster child in the study of Islamic law and the laws and regulations in Indonesia. The distribution of estate to foster child was regulated in article 209 in the Compilation of Islamic Law (KHI). Thus, this is a signal that the influence of customary law and Western law had entered in KHI . Therefore, by this paper, Author would like to emphasize that the distri­bu­tion of waris to the foster child by using the concept of wasiat wajibah in KHI is wrong. It is not based on the shari'ah (qath‘iy al-dilâlah), but rather based on logic of the law and humanitarian considerations, and it is zhan­niy al-dilâlah. Thus, author sure that the distribution of waris by one third (1/3) of estate to the foster child by using the concept of wasiat wajibah is an erroneous ijtihad, cotradiction with the texts, and could be detrimental to the main heirs.

scholarly journals ISBAT Nikah Melegalkan Pernikahan Sirri Menurut Hukum Positif Dan Hukum Agama (Studi Di Pengadilan Agama Palangka Raya)

2015 ◽  
Vol 15 (1) ◽  
pp. 94-103
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Positive Law ◽  
Religious Law ◽  
The Law ◽  
Marriage Laws ◽  
Islamic Marriage ◽  
Legal Marriage ◽  
Laws And Regulations

The purpose of this study was to find out what sirri marriage laws according to Islamic Law and Positive Law, to find harmony and marriage requirements and to find out how the role of Religious Court of Palangka Raya in socialization confirmation marriage. The method used in this research is the method of legal normative. As for the type of research used in this study is inventory regulations that related to confirmation of marriage legalized marriage sirri according to Positive Law and Religious Law. Law wedding sirri results according to Islamic Law and Positive Law, sirri marriage according to Islamic Law illegitimate because it does not have a guardian of marriage, while marriage sirri in the view of the majority of Indonesian society is marriage not recorded but the terms and illegitimate pillars have been met in accordance with Islamic Law. Meanwhile, according to the law of the wedding positive sirri is as where according to Marriage Law in Indonesia if a legal marriage in syar'i then legitimate also according to law "marriage is not recorded" is legal according to the laws and regulations because according to Islamic Marriage Law applicable in Indonesia is based on Article 2 (1) of Law No. 1 of 1974 in conjunction with Article 4 Compilation of Islamic Law (as ius constitutun) in conjunction with Article 3 bill-HM-PA-Bperkw 2007 (as ius constituendum).

scholarly journals MONEY POLITIC DALAM PERSPEKTIF SADDU AL-ZARIAH

2020 ◽  
Vol 3 (4) ◽  
pp. 413
Author(s):  
Rahwan Rahwan
Keyword(s):  
Islamic Law ◽  
Legal Regulations ◽  
State Laws ◽  
Legal Decisions ◽  
Sharia Law ◽  
The World ◽  
The Law ◽  
Laws And Regulations

Money politics is a political disease that is increasingly prevalent today. Money politics is a part of the bribery offense. In general, the criminal act of bribery is considered a violation in the world of politics, thus requiring money politics to also be considered a violation. In absolute terms, state laws and regulations explicitly prohibit this action, but this practice is rampant nonetheless. In Sharia law there is often discussion about risywah which is in the form of the millennial period which is reflected in the money political mechanism. However, Jurisprudence scholars in general still disagree over the law of certainty risywah. The editor of the Prophet's Hadith said that Rasulullah Saw. cursing the perpetrator and the recipient of the bribe. However, various interpretations of the scholars have resulted in an imbalance between positive legal regulations and Islamic law. By combining two legal decisions through the study of Ushūl Fikih with Saddu ad-Dzāriah's approach. This study will discuss legal decisions regarding risywah from a different perspective and prove that there is no imbalance between the two.

scholarly journals FACTORS IN RELIABILITY AS A REASON TO POLYGAMI ACCORDING TO ISLAMIC LAW AND POSITIVE LAW

2020 ◽  
Vol 12 (1) ◽  
pp. 93-106
Author(s):  
Imam Hafas
Keyword(s):  
Qualitative Methods ◽  
Islamic Law ◽  
Focal Point ◽  
Descriptive Analysis ◽  
The Public ◽  
Positive Law ◽  
The World ◽  
The Law ◽  
Research Types ◽  
Laws And Regulations

The dynamics of polygamy are not uncommon to talk about, considering that polygamy is widely practiced by the public and the actions of polygamy are not in accordance with the existing laws and regulations or laws in Indonesia. Many actions of polygamy violate the existing rules, one of which is the existence of marriage outside the KUA conducted secretly. A family will never achieve happiness in the world without the descendants born from the bond of marriage. Indonesia is one country that is able to see and interpret the actions of polygamy that occur outside the court or without the knowledge of the first wife. This is triggered by the desire of a husband who wants to polygamy or gets married for the second time. Talking about a marriage that is not always happy, can even bring a disaster, both on the part of a wife and a husband. One way is to get offspring from the marriage. In scientific studies that will be the focal point is about the reason for a husband to carry out acts of polygamy, both in Islamic provisions and in the provisions of the law. The method in scientific studies here uses qualitative methods with normative juridical research types and the nature of descriptive analysis research, as well as using an inductive thinking framework.

scholarly journals A Transformation of Islamic Law in Legislation of Domestic Violence (PDKRT) Law in Indonesia

AL- ADALAH ◽  
2019 ◽  
Vol 15 (1) ◽  
pp. 1
Author(s):  
Liky Faizal
Keyword(s):  
Domestic Violence ◽  
Islamic Law ◽  
The Law ◽  
Laws And Regulations

This article aims to study the transformation of Islamic Shari’a values in the foundation of the law legislation in Indonesia. This study is legal-normative in which, in its analyzing phases, it uses both qualitative techniques of primary and secondary legal materials. The findings of this study indicate that the Islamic Shari’a values have been actualized in the laws and regulations in the elimination of domestic violence in Indonesia. Transformation of Islamic Sharia values is conducted through two approaches, namely through the principles of the content of legislation, and actualization through the material legislation.

Saksi Wanita dalam Putusan Perceraian di Pengadilan Agama Kelas IA Kota Jambi

2016 ◽  
Vol 16 (1) ◽  
pp. 19-30
Author(s):  
Jantan Saparuddin ◽  
Maryani Maryani
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Empirical Approach ◽  
Procedural Law ◽  
Approach Method ◽  
The Law ◽  
Marital Disputes ◽  
Religious Courts ◽  
Laws And Regulations ◽  
Marital Law

In examining and resolving marital disputes in divorce cases special procedural law is regulated, which is regulated in Law Number 1 of 1974 concerning marriage, Government Regulation Number 9 of 1975 concerning the implementation of Law Number 1 of 1974, Law Number 7 Year 1989 concerning the Religious Courts and Compilation of Islamic Law. Among the duties of judges in resolving divorce cases is to worry or judge whether the events or facts presented by the parties are true and this can only be done through verification. This study aims: first, to know the role and position of female witnesses for divorce cases in the Jambi City Religious Court according to Islamic law; second, knowing the role and position of female witnesses for divorce cases in the Jambi City Religious Courts according to Indonesian law. Second, knowing the role and position of female witnesses for divorce cases in the Jambi City Religious Courts according to the laws in Indonesia. The research method used is an empirical juridical method, which is used to analyze various laws and regulations in the field of marital law. While the empirical approach is used to analyze the law not merely as a set of normative legislation, but the law is seen as the behavior of people who fluctuate and pattern in people's lives. The approach method used in this study is an empirical juridical method, which is used to analyze various laws and regulations in the field of marital law. While the empirical approach is used to analyze the law not merely as a set of normative legislation, but the law is seen as the behavior of people who fluctuate and pattern in people's lives.

scholarly journals Hukuman Tindak Pidana Pornografi dalam Hukum Pidana Islam

2019 ◽  
Vol 21 (2) ◽  
pp. 241-254
Author(s):  
Said Firdaus ◽  
Mohd. Din ◽  
Iman Jauhari
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Islamic Law ◽  
Negative Impact ◽  
Criminal Prosecution ◽  
The Rule Of Law ◽  
Criminal Sanctions ◽  
The Law ◽  
Normative Aspect ◽  
Laws And Regulations

Tujuan penelitian ini adalah untuk menelaah aturan hukum serta alasan mengapa bentuk dan kriteria tindak pidana pornografi dalam hukum pidana Islam, penerapan sanksi tindak pidana pornografi menurut Undang-Undang Nomor 44 Tahun 2008 dan Hukum Islam, dan dampak positif dan negatif tindak pidana pornografi. Pornografi dilarang menurut hukum nasional. Penelitian ini adalah penelitian hukum yuridis normatif, dengan mengkaji peraturan perundang-undangan, dengan melihat hukum dari aspek normatif. Data yang digunakan dalam penelitian ini adalah bahan hukum. Hasil penelitian menunjukan bahwa bentuk dan kriteria dalam hukum pidana Islam yang dapat dikategorikan sebagai tindak pidana pornografi adanya bentuk tingkah laku, sifat melawan hukum, kesalahan, akibat konstitutif, keadaan menyertai, syarat tambahan untuk dapatnya dituntut pidana, dan syarat tambahan untuk dapat dipidana. Penerapan sanksi tindak pidana dalam hukum Islam hukuman bagi pelaku tindak pidana pornografi bisa dihukum dengan hukuman zina, ta’zir, dan qisas. The Pornographic Criminal Sanctions In Islamic Crime This research aims to examine the rule of law, the forms and criteria of pornography in Islamic criminal law, the pornographic criminal sanctions in accordance with Law No. 44 Year 2008 and Islamic Law, as well as positive and negative impact of pornography. Based on National law Pornography is prohibited. This is a normative juridical research, not only by studying the laws and regulations but also by looking at the law from the normative aspect. The data used in this reasearch is legal material. The results show that the forms and criteria in Islamic criminal law that categorized as pornographic crimes were forms of behavior, unlawful act, misconduct, constitutive consequences, certain circumstances, additional conditions for criminal prosecution, and additional conditions for punishment. The application of criminal sanctions in Islamic law penalties for those who commit pornography can be punished by Adultery, Ta'zir, and Qisas.

scholarly journals KAJIAN YURIDIS PERWAQAFAN TANAH DAN KEABSAHAN PERTUKARANNYA

2018 ◽  
Vol 7 (2) ◽  
Author(s):  
ARIFIN ABDULLAH .MH
Keyword(s):  
Islamic Law ◽  
Library Material ◽  
Normative Approach ◽  
Positive Law ◽  
The Law ◽  
Laws And Regulations

The application of waqf originally rated to immovable things or properties The properties donation and the corporate to be waqf of land (donation for religious or community use) which will become public properties should be based on the Islamic law in accordance with The Quran in al-Baqarah letter from 215 verse, the land which has been waqf should be correspondent to the waqf land declare. In article 3 of law number 41 of 2004 regarding the waqf land in states “the waqf of land which has been officially declared in Islamic way cannot be cancelled”, and cannot be changed if the wakif declare it for a certain use. However, the exchange use of the waqf property is not based on the traditional regulation. The objective of this research is to find out explain the implementation of waqf of land based on the prevailing laws, to explain the waqf of land for certain use which can and cannot be changed with other object, and to explain the law about the waqf of land which can be changed. The method used in this research is a normative and sociologic juridicial method in which the writer should study laws and regulations which are relevant to the research, the normative approach is the study of library material including primary, secondary and tertiary materials. The sociologic juridicial opproach is used to study the positive law.

scholarly journals Pembatasan Usia Perkawinan (Tinjauan Undang-undang dan Maqashid asy-Syari’ah)

2018 ◽  
Vol 3 (1) ◽  
pp. 87
Author(s):  
Elkhairati Elkhairati
Keyword(s):  
Islamic Law ◽  
Marriage Problem ◽  
The Family ◽  
Minimum Age ◽  
Age Limit ◽  
The Law ◽  
Age Of Marriage ◽  
Library Method ◽  
Law Making

This article aims to review the Law and Maqashidasy-Syari'ah regarding the age limit of marriage. The literature of Islamic Law (fiqh) does not explicitly specify the minimum age limit for prospective marriages. Over the course of time, the law privides a minimum age of mariage. There is a clear conflict between the fiqh and the laws. According to the ushuliyin (Islamic law experts)view, in order to produce a law or a fatwa law, a mujtahid (legal exciter) should pay attention to maqashidsyari'ah (law-making purposes). Because the shari'ah is revealed to realize the benefit of mankind, including the marriage problem. The main problem of this research is to investigate the minimum age restriction of marriage according to the law and how to view the maqashidasy-shari'ah against the provisions of the law. This research used library method. Based on the analysis, it can be concluded that the limitation of the minimum age of marriage in the law is intended for the benefit of the family and the ability to achieve the purpose of marriage. Thus, it can be said that it is in accordance with the application of the maqashidasy-shari'ah, that is to preserve human benefit at the level of an-nasal hifdz (nurturing offspring).

Pengaturan Waralaba Di Indonesia: Perspektif Hukum Bisnis

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 159-166
Author(s):  
Muchtar Riva’i
Keyword(s):  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Economic Community ◽  
The Law ◽  
The Government ◽  
Medium Enterprises ◽  
Article 5 ◽  
Laws And Regulations

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.

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