scholarly journals The Approval of the Guardians of Children Resulted from the Marriage of Pre-marrital Pregnancy Women

Author(s):  
Rahli Lamatande ◽  
Saifullah Bombang ◽  
Akbar Akbar

This research deals with the approval of the guardians of children resulted from the marriage of pre-married pregnant women (Case Study at the Office of Religious Affairs in Palasa District, Parigi Moutong, Central Sulawesi). This study uses qualitative research methods, through observation and in-depth interviews and document reviews. The data obtained were analyzed by data reduction techniques, data presentation, data verification, and drawing a conclusion. The results show that the procedure for implementing the guardian of a child resulted from the marriage of a pre-marital pregnant woman is carried out as a procedure for a general marriage. The first step is to register the marriage contract date within a period of 10 days, complete the requirements that have been set, namely in the form of N1. The guardian of children resulted from a pre-marital pregnant marriage can be approved if the requirements are fulfilled, the marriage principles, even though the act of adultery committed by his parents remains an act of adultery. When the requirements of the law of the state have been fulfilled, then there is no obstacle of his biological father to become the guardian of the child(daughter) resulted from pre-marital pregnant woman marriage. The legal basis for the implementation of the guardian of a child resulting from the marriage of a pre-marital pregnant woman is based on the regulations stated in the Law No. 1, 1974, (KHI) the articles 99 and 103.

2020 ◽  
Vol 2 (2) ◽  
pp. 243-252
Author(s):  
Suaib Lubis ◽  
Muhammad Idrus

This study discusses the main problem, namely about how Imam Syafi'i thought about the law of marrying pregnant women because of adultery, and how the legal consequences arising from his thoughts. The method used in collecting data is library research, while the research data is doctrinal. The approach used is the ushul fiqh approach, which is to explain the opinions and arguments of Imam Syafi'i about the law of marrying pregnant women because of adultery. With the above method, it can be seen the reasons for Imam Shafi'i in his thinking about the law of marrying a pregnant woman because of adultery. Imam Shafi'i is of the opinion that a woman who becomes pregnant as a result of an extramarital relationship can be married by anyone. Be it by men who experienced it or by men who did not impregnate her. Imam Syafi'i argues that children resulting from adultery do not have musharah with their biological father. Regarding the issue of 'iddah, Imam Shafi'i is of the opinion that pregnant women due to extramarital relations do not have an 'iddah period. This is because the purpose of 'iddah is to respect the sperm or fetus contained in the woman (which is channeled through a legal relationship). While adultery is a relationship that is unlawful and illegitimate, therefore the sperm or fetus from the result of adultery is not obligatory to be respected. For this reason, Imam Shafi'i also argues that if women who are pregnant out of wedlock have performed a valid marriage contract, then they are allowed to have biological relations without having to wait for the birth of the baby they are carrying. Keywords: Law; Marrying a Pregnant Woman for Adultery; Imam Shafi'i's view


2015 ◽  
Vol 16 (1) ◽  
pp. 1
Author(s):  
Ahmad Sulton

<p>The approach used in this study is a qualitative approach with case study design. Data collection was conducted by the researcher himself as a key instrument, whereas for determining the human data source using snowball sampling technique. Data was collected by means of; (1) in-depth interviews; (2) participant observation; and (3) study the documentation. For data analysis using descriptive techniques whose application is done in three flow of activities, namely data reduction, data presentation, and conclusion or verification. To determine the credibility of the data, conducted by a variety of techniques, namely (1) triangulation; (2) checking colleagues; and (3) checking members.</p>


2020 ◽  
Author(s):  
Achmad Yusuf ◽  
Mochamad Hasyim

This research aims to uncover and analyze (1) The strategy of planting the values of multicultural education in students in Pesantren Ngalah Pasuruan (2) Values of multicultural education in Pesantren Ngalah Pasuruan. This research uses qualitative-natrualistic with a type of case study. The presence of researchers is absolute. Primary (1) data type, and (2) Skunder. Determination of Informant (1) purposive sampling. (2) Snowball sampling. Data collection 1) in-depth interviews; 2) participant observation; and 3) documentation. Data Analysis technique l) data reduction, 2) data presentation, and 3) withdrawal of conclusions/verification. Checking the validity of data using credibility, including; (1) An extension of observation, (2) Triangulas (a) triangulation of the source, (b) triangulation technique, and (c) triangulation of time. The findings of this research (1) The strategy of planting the values of multicultural education in Santri Pondok Pesantren Ngalah (1) The composition of Kiai (a) cognitive multicultural, (b) affective multicultural, (c) multicultural psychomotor. (2) Focus Group Discussion (FGD), (3) Experiential Learning, and (4) the drafting of Ngalah book, (2) The values of multicultural education developed and implemented in Pondok Pesantren Ngalah include; (1) Religious value, (2) nationalist value (3) Humanist value, (4) Value of democracy, (5) Pluralist value, (6) inclusive value (open), (7) tolerance value


2020 ◽  
Vol 20 (1) ◽  
pp. 27
Author(s):  
Rahmiyati Rahmiyati ◽  
Diana Rahmi ◽  
Nadiyah Nadiyah

AbstractThis research is motivated by the existence of the practice of marriage series in the Makmur Village community, Gambut  Banjar District, South Borneo. The procession of a marriage contract at a series of marriages conducted by the people of Makmur Village was carried out without the attendance of the Registrar of Marriage and the knowledge of the Religious Affairs Office (KUA). Even so, it turned out that after the marriage contract took place it was held at Siri marriage. This research is empirical legal research which is a case study, using a qualitative approach. The author delves into the data needed by conducting in-depth interviews with the subject under study. The findings of this study are that the marriage of Siri which is practiced by the people of Desa Makmur is held like the official marriage ceremony. Walimah was held openly by inviting family and surrounding communities. Holding a Siri marriage is an act that is usually done, therefore if Siri marriage is done continuously it will result in more siri marriages occurring in the community, especially in Makmur Village. AbstrakPenelitian ini dilatarbelakangi oleh adanya praktik walimah pernikahan siri pada masyarakat Desa Makmur Kecamatan Gambut Kabupaten Banjar. Prosesi akad nikah pada pernikahan siri yang dilakukan oleh masyarakat Desa Makmur dilaksanakan tanpa dihadiri oleh Pegawai Pencatat Nikah dan tanpa sepengetahuan pihak KUA. Meskipun begitu, ternyata setelah akad nikah berlangsung diadakanlah walimah pada pernikahan siri tersebut. Penelitian ini merupakan penelitian hukum empiris yang bersifat studi kasus, dengan menggunakan pendekatan kualitatif. Penulis menggali data yang diperlukan dengan melakukan wawancara mendalam terhadap subjek yang diteliti. Hasil temuan dari penelitian ini adalah walimah pernikahan siri yang dipraktikkan oleh masyarakat Desa Makmur diselenggarakan seperti walimah pernikahan yang resmi. Walimah tersebut diselenggarakan secara terang-terangan dengan mengundang keluarga dan masyarakat sekitar. Mengadakan walimah pernikahan siri merupakan suatu perbuatan yang sudah biasa dilakukan (kebiasaan), oleh karena itu apabila walimah pernikahan siri terus menerus dilakukan maka akan berakibat bertambah banyak terjadi pernikahan siri pada masyarakat, khususnya di Desa Makmur.    


Author(s):  
Faisal ◽  
Nasrullah ◽  
Muhammad Wali al-Khalizi

This writing aims to explain the position guardian in marriage according to Fiqh Syafi'īyyah dan Civil Law, as well asto describe guardian for children out of wedlock according to analysis Fiqh Syafi'īyyah and Civil Law.This research includes library research (Library Research). The method used is descriptive analysis research method, the approach used is a normative approach. To assist the preparation of this research the author reads books and books related to the problems to be discussed. The results showed thatposition guardian in marriage according to Fiqh Syafi'īyyah dan Civil law is very important, meaning that at the same time it has the nature of determining the validity of a marriage contract, so that if a marriage contract is carried out by a guardian or his representative, then the marriage contract will be valid, but on the contrary if the marriage contract is not carried out by the guardian or his representative, then The marriage contract is invalid and invalid. So betweenFiqh Syafi'īyyahand Civil Law has the same view regarding position guardian in marriage. The results also show that which become guardian for children out of wedlock according to Fiqh analysis Shafi'īyyah is guardian judge, in this case is the president even though she is a woman, and state officials whose powers are delegated by the president in matters of trustees such as the Minister of Religion and his lowest officials such as the KUA. Whereas according to Civil Law analysis is the biological father of the child provided there is an acknowledgment from the mother and father and is proven by an authentic deed and can be proven based on science and technology.


2021 ◽  
Vol 4 (3) ◽  
pp. 804-821
Author(s):  
Moch. Sya'roni Hasan

This study aims to describelearning learning servicecarried out at Pondok Pesantren Al Urwatul Wutsqo Jombang. This study used a qualitative approach with case study design. Data was collected using in-depth interviews, participatory observation, and documentation. Data analysis techniques include data collection, data condensation, data presentation, and drawing conclusions, checking the validity of the findings by extending participation; source triangulation techniques, theories, and methods; and persistence of observation. Research informants are pesantren caregivers, ustadzah, students and the community. The results showed that: first, the steps of service learning that were applied at Pondok Pesantren al Urwatul Wutsqo Jombang and Darussalam Sumbersari Kediri, among others: 1). Intention, 2). Curriculum integration, 3). Preparation includes; debriefing and selection ofparticipants service learning, determining the place of service-learning service, division of groups and accompanying teachers, departure ofparticipants service learning, 4). Implementation of service learning, 5). Meditation/contemplation, 6). Evaluation of service learning, and 7). Closing of service learning. 


2017 ◽  
Vol 8 (2) ◽  
pp. 253-258 ◽  
Author(s):  
◽  
Haedar Akib ◽  
Andi Ihsan

Abstract This study aimed at identifying the implementation of bureaucratic reforms and trying to offer some solutions for improvement of administrative services licensing. This study applied qualitative approach using a case study design. Techniques of data collection used three kinds of instrument, namely: observation, in-depth interviews, and office documentation. The data were analyzed through the stages of data reduction, data presentation, and conclusions and verification. The results found that the implementation of the bureaucratic reform of administration service licensing on the Institutional aspects in Bone regency have shaped the One Stop-Integrated Service; on the aspects of human resources found that the qualification of existing employees were not appropriate to the needs of the organization which lack of employees’ disciplines and responsibilities; on the aspects of systems and procedures indicated that the licensing generally resolved exceeds the specified time of period as well as discrimination and inconsistencies. Through this study, the researcher made verification in some of the concepts and theories in the form of formalism as one of the characteristics of prismatic society proposed by Fred W. Riggs in those phenomena which called “Heresy Regulation”.


2020 ◽  
Vol 2 (2) ◽  
pp. 195-208
Author(s):  
Muflih Khallab Al Mustaqim ◽  
Muhammad Djakfar ◽  
Misbahul Munir

Purpose - This study aims to examines the concept and implementation strategy of murabahah financing in the development of MSMEs and customer perceptions of murabahah financing at Bank BRI Syariah Jambi Branch Office.Method - This research uses a qualitative approach with a type of case study. The research data were obtained by conducting in-depth interviews, observation and documentation. MethodMiles and Huberman were used as data analysis techniques by way of data reduction, data presentation and drawing conclusions / verification.Result - Murabahah financing at BRI Syariah Bank Jambi Branch Office using murabahah with installments (bitsaman ajil). The next concept is to combine the wakalah and murabahah contracts. The strategy chosen in an effort to increase murabahah financing is to implement two strategies simultaneously, namely the internal strategy and the external strategy. Meanwhile, the perceptions of murabahah financing customers on the development of MSMEs are generally satisfied with the systems, regulations and services provided. However, customers' understanding of the concept of Islamic banking is still minimal.Implication - Optimizing the strategy for increasing financing and disseminating the understanding of the Islamic banking concept to customers and the general public at large.Originality- This study aims to determine the perceptions of Islamic bank customers about murabahah financing in Jambi City. 


2020 ◽  
Vol 12 (1) ◽  
pp. 1-29
Author(s):  
Rahli Lamatande

This study is regarding the Legalization of the Guardianship of Children Born Out of Wedlock (Case Study in Religious Affairs Office (KUA) of Palasa Subdistrict, Parigi Moutong District. Hence, the explanation is based on the problems of (1) What is the guardianship procedure of children born out of wedlock (case study in Religious Affairs Office (KUA) of Palasa Subdistrict, Parigi Moutong District)?, (2) What is the legal framework of guardianship of children born out of wedlock (case study in Religious Affairs Office (KUA) Palasa Subdistrict, Parigi Moutong District)?. This research used qualitative research method through observation and in-depth interview as well as documentation study. The data obtained were analyzed through data reduction technique, data presentation, data verification, and conclusion. The results of the study show that: (1). The guardianship procedures of children born from marriage in Religious Affairs Office of Palasa Subdistrict are put through in accordance with the procedures of general marriage. The first step was by registering the date of the marriage covenant with ten days grace period, completing the requirement, i.e., in N1 form, and so on. The family guardian of children born out of wedlock could be held if it meets the marriage requirements even though the parents committed adultery. After the requirements of religion and the national principles are fulfilled, nothing could hinder the biological father from becoming the family guardian in the marriage of daughter born out of wedlock. (2). The legal framework of guardianship of the children born out of wedlock in Religious Affairs Office (KUA) of Palasa Subdistrict is based on the regulation of Law Number 1 of 1974 on marriage, the Compilation of Islamic Law (KHI) article 99 and 103.


AL MURABBI ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 36-56
Author(s):  
Achmad Yusuf

This research aims to uncover and describe the best practices of the multicultural character value of Pondok Pesantren Ngalah Pasuruan. The approach used is qualitative-naturalistic, with Case study type (case study). Data consists of primary and skunder data. The informant is determined through purposive sampling technique. Snowball sampling. Data collected 1) in-depth interviews, 2) participant observations and 3) documentation studies. Analysis of data using descriptive technique of interactive model L) data reduction, 2) data presentation and 3) withdrawal conclusion/verification. The results of this study concluded that Best practices the value of multicultural characters in Pesantren Ngalah, Pasuruan is: (1) The value of religious characters, (2) The value of the human character is a core value that grows other values include; (a) The character of caring and the students ' familiosity; (b) The value of the Brotherhood character, (c) the character of affection, (d) egalitarian/the line of doctrine; (3) inclusive-pluralist characters; The value of an inclusive-pluralist character (open accepts differences). (4) Character value tolerance (TASAMUH); Tolerance value of students, including; (a) Tolerance in interfaith Association, (b) to say greetings to Non Muslims, (c) Non Muslims enter the mosque. (5) Luwas and Luwes (moderate) character values;  (6) Democratic character value, and (7) nationalist character value.


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