scholarly journals Editorial Preface

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Nurdin Nurdin
Keyword(s):  
Information System ◽  
Child Care ◽  
Supreme Court ◽  
Islamic Law ◽  
Low Cost ◽  
Psychological Needs ◽  
The Body ◽  
Law And Society ◽  
Husband And Wife

International Journal of Contemporary Islamic law and Society volume 2 issue 1 offers six   articles covering topics of Islamic law studies. Various issues relating to Islamic family law are interestingly presented to contribute to the body of knowledge and practices. Academia and practitioners in Islamic law studies may gain insight from reading these articles.   The first article is titled “The Role of Husband and Wife in Child Care From Islamic Law Perspectives” written by Minhar Minhar, Zainal Abidin, and Hilal Malarangan from Postgraduate studies Institut Agama Islam Negeri Palu. This paper discusses the role of husband and wife in child care from Islamic perspective. The second article is titled “Effectiveness of Marriage Services Through Information System Management (SIMKAH) at Palu City Religious Court” written by Imam Muslih, Nurdin Nurdin, and Marzuki Marzuki. The paper discusses the effectiveness of marriage services through Marriage Management Information System (SIMKAH) at Palu city religious court. The third article is titled “Analysis of the Case of Divorce and Its Settlement in the Religious Court of Palu City” written by Rinalti Rinalti, Syahabuddin Syahabuddin, and Ermawati Ermawati. This paper discusses the cases of divorce and its settlement in the Religious Court of Palu. The fourth paper is tittled “ Analysis the Fulfilment of Physical and Psychological  Needs of Convicted Criminal From An Islamic Law Perspective” written by Syaifuddin Syaifuddin, Muhammad Akbar, and Mummad Syarif Hasyim. The paper discusses the implementation of conditional leave (CL) in fulfilling prisoners' physical and psychological need of  prisoners from Islamic law perspectives. The fifth article is titled “ The Effectiveness of Indonesia Supreme Court Regulation Number 1 Year 2016 Concerning Mediation of Marriage Disputes” written by Sukaenah Sukaenah, Rusli Rusli, M. Taufan B. This paper discusses the effectiveness of Indonesia Supreme Court Regulation No. 1 year 2016 concerning mediation  marital disputes in the Religious Court. The last paper is title “ The Effectiveness of the Implementation of the Principle of Simple Court Procedures, Fast and Low Cost in a Case of Divorce Lawsuit” written by Muhammad Haekal, Abidin Abidin, and Siti Musyahidah.  The purpose of the study is to investigate the effectiveness of the implementation of simple, fast and low-cost religious court procedures in the divorce case at the Religious Court, Palu.   I hope the articles presented in this issue add further empirical evidence to the growing body of research that examines various fields from Islam perspectives.  The articles could trigger other research to study other field of study with Islam perspectives Islamic institutions in Indonesia.    Nurdin Nurdin Editor-in-Chief IJCILS:  International Journal of Islamic Contemporary law and Society Volume II, Issue 1

scholarly journals The Role of Husband and Wife in Child Care From Islamic Law Perspectives

2020 ◽  
Vol 2 (1) ◽  
pp. 1-19
Author(s):  
Minhar Minhar ◽  
Zainal Zainal ◽  
Hilal Malarangan
Keyword(s):  
Child Care ◽  
Islamic Law ◽  
Theory Approach ◽  
Religious Behavior ◽  
The Village ◽  
Grounded Theory Approach ◽  
Depth Interviews ◽  
Islamic Values ◽  
Husband And Wife

This paper discusses the role of husband and wife in child care from Islamic perspective. This study uses qualitative methods and data was gathered through observation, in-depth interviews, and written material. Data analysis was analyzed using grounded theory approach. The results show that parenting activities in the village of Tinggede are not only about rising children, but also about educating, guiding, and protecting children from childhood to adulthood in accordance with Islamic values, norms and culture. The parents expect their children can grow and develop naturally, harmony, and balance based on Islamic teaching. Parenting in Islamic law (hadhanah) is a responsibility of both parents who must get special attention from their parents in particular during childhood period. The authors conclude that parents should accompany their children with Islamic values and norms to inculcate religious behavior of their children.

scholarly journals PREWEDDING PHOTO PROCESSION AND THE ROLE OF THE FAMILY IN THEM

2020 ◽  
Vol 10 (2) ◽  
pp. 246
Author(s):  
Aulil Amri
Keyword(s):  
Islamic Law ◽  
Religious Values ◽  
Religious Knowledge ◽  
The Family ◽  
Marriage Contract ◽  
The Law ◽  
Husband And Wife ◽  
As If

In Islamic law, pre-wedding photos have not been regulated in detail. However, pre-wedding photo activities have become commonplace by the community. It becomes a problem when pre-wedding is currently done with an intimate scene, usually the prospective bride uses sexy clothes and is also not accompanied by her mahram when doing pre-wedding photos. Even though there have been many fatwas and studies on the limits of permissibility and prohibition in the pre-wedding procession.The results show that the pre-wedding procession that is carried out by the community in terms of poses, clothes, and also assistance in accordance with Islamic law, the law is permissible. However, it often happens in the community to take photos before the marriage contract with scenes as if they are legally husband and wife and the bride's family knows without prohibiting, directing, and guiding them according to Islamic teachings. In this case the role of the family is very important, we as parents must understand the basis of religious knowledge and how to instill religious values in our children since childhood is the key to this problem dilemma.

EVALUATION OF EPIDIDYMORCHITIS BY HIGH FREQUENCY GRAY SCALE AND COLOR DOPPLER ULTRASONOGRAPHY

2021 ◽  
pp. 54-56
Author(s):  
Akhil Sharma ◽  
Sameer R. Verma ◽  
Neeraj Prajapati ◽  
Vinod Kumar Mogha
Keyword(s):  
High Frequency ◽  
Doppler Ultrasonography ◽  
Low Cost ◽  
Color Doppler ◽  
Color Doppler Ultrasonography ◽  
The Body ◽  
Mri Imaging ◽  
Gray Scale ◽  
Doppler Study

INTRODUCTION: Ultrasonography is extremely well suited to study of scrotum and its contents. Ultrasound is simple to perform, quick, non-invasive, low cost effective, easily reproducible, widely available and does not involve irradiation of gonads.It is very helpful in differentiating intratesticular and extratesticular pathologies. Ultrasound is the modality to differentiate solid from cystic lesions of testes and with the introduction of color Doppler, it becomes easiear to assess the viability of testis in cases of torsion and guiding the treatment accordingly. USG is helpful in differentiating torsion/ischaemia of testis from the acute inammatory pathologies. Role of other Modalities: CT and MRI have dominated imaging of other regions of the body, they have certain restrictions in evaluation of scrotal diseases. Computed Tomography delivers radiation to gonads, On the contrary, MRI imaging is expensive and not readily obtainable. Radionuclide scan helps in equivocal presentations to assess vascularity within the testis in setting of torsion but its readily availability and cost is the main set back. AIM: To assess the role of high frequency gray scale and color doppler ultrasonography in evaluation of epididymorchitis. MATERIAL & METHODS: SAMPLE: 50 cases of scrotal pathology were taken using High-frequency real time gray scale ultrasonography and Color Doppler . Patients were referred to our department for scrotal ultrasonography and Doppler study by department of Urology and department of Surgery of SRMS IMS Bareilly. RESULTS: In the present study total evaluated cases of epididymoorchitis were 15,among them 11 cases were acute and 4 cases were of chronic epididymoorchitis.. Majority of cases were having unilateral involvement with 1 case of B/L involvement. USG gray scale found heterogenous echogenicity or reduced echogenicity in acute EPO while the echogenicity was reduced with calcication in chronic EPO. .Doppler study found increased vascularity in majority of cases of acute EPO with reactive hydrocele while vascularity was either normal or increased in chronic EPO without any reactive hydrocele. CONCLUSION: High-frequency gray scale USG helps in clear evaluation of anatomical structural alterations associated with acute scrotal inammatory diseases, and color Doppler USG is highly sensitive in diagnosing acute scrotal pathology. In addition, Color Doppler USG accurately differentiates between testicular ischemia and torsion from acute inammatory diseases in acute painful scrotal conditions.

scholarly journals Urgensi Penyederhanaan Agenda Sidang Pada Hukum Acara Perdata Di Indonesia

2019 ◽  
Vol 4 (2) ◽  
pp. 21
Author(s):  
Syahrul Sajidin
Keyword(s):  
Supreme Court ◽  
Public Service ◽  
Low Cost ◽  
Civil Procedure ◽  
Business World ◽  
Procedural Law ◽  
The Supreme Court ◽  
The Hours

Court beside as a judicial institution, have other function to give public service. One of the good and excellent services is realized by the existence of a simple service procedure. One of the most highlighted is that there are still many trial agendas that are considered unnecessary to be delivered directly in front of the panel of judges (during the hearing). Some of these stages include the agenda for reading answers, replicating and duplicating. So that from some of these backgrounds it is necessary to examine the urgency of simplifying the civil procedure law in Indonesia. From the description of the background of the research, the formulation of the problem can be arranged as follows, what is the urgency of simplifying the session agenda by submitting the answers, replicating and duplicating in writing and how is the simplifi  cation of the Civil Procedure Law in supporting the implementation of the judicial principle fast, simple and low-cost?. Simplification of civil procedural law is expected to be able to reduce the hours of the trial so that with fewer trial agendas the session becomes effective and efficient. In order for the simplification of civil procedural law to be able to bring maximum results, the Supreme Court needs to prepare several things. With the stages of building the system, managing the system, utilizing technology, increasing the role of the business world, developing HR capacity and implementing development in a systematic and measurable manner.

scholarly journals Legal Domicile of the Parties in a Simple Lawsuit

2019 ◽  
Vol 1 (2) ◽  
pp. 125
Author(s):  
Artha Ully
Keyword(s):  
Information Technology ◽  
Supreme Court ◽  
Dispute Resolution ◽  
Low Cost ◽  
Legal Counsel ◽  
Legal Representative ◽  
The Supreme Court ◽  
Principle Of Justice ◽  
The Right

<p class="IABSSS">The purpose of this paper is to examine the publication of Perma No. 2 of 2015 concerning Procedures for Settling a Simple Lawsuit. Perma can be seen as one solution to meet the needs of the community for dispute resolution procedures quickly and simply. The substance contained in Perma is to uphold the principle of justice which is simple, fast, and low cost. Therefore, the requirements in a simple lawsuit are limited in nature, where if one of the conditions is not fulfilled, the case cannot be resolved through the Simple Lawsuit Procedure in accordance with Perma No. 2 of 2015. The results of the author's research, the Perma substance is needed to be improved, because the limitation of jurisdiction is only one legal domicile and the use of legal counsel in a simple claim is something that needs to be regulated in more detail, in the future to further encourage the use of a simple claim mechanism as a instrument of applying the principle of justice that is simple, fast, and low cost in Indonesia. The Supreme Court needs to regulate in more detail the role of the attorney in simple lawsuits, such as regulating the right to speak a legal representative and the problem of the absence of the principal in the event that the party is a legal entity; Electronic calling via Sms, whasapp and email can be an alternative used in the calling process, so Perma should regulate in more detail the terms and conditions of the validity of the information technology-based calling.</p><p class="IABSSS"> </p><p class="IABSSS">Tujuan penulisan ini adalah  untuk menelaah penerbitan Perma No. 2 Tahun 2015 tentang Tata Cara Penyelesaian Gugatan Sederhana. Perma itu dapat dipandang sebagai salah satu solusi untuk memenuhi kebutuhan masyarakat terhadap prosedur penyelesaian sengketa dengan cepat dan sederhana. Substansi yang terkandung di dalam Perma yaitu menjunjung asas peradilan yang sederhana, cepat, dan berbiaya ringan. Oleh karena ini persyaratan dalam gugatan sederhana bersifat limitatif, di mana bila salah satu syarat tidak dipenuhi, maka perkara tersebut tidak dapat diselesaikan  melalui Prosedur Gugatan Sederhana sesuai PERMA No. 2 Tahun 2015. Hasil penelitian penulis, substansi Perma diperlukan pernyempurnaan, karena pembatasan yurisdiksi hanya pada satu domisili hukum dan penggunaan kuasa hukum dalam gugatan sederhana merupakan hal yang perlu diatur secara lebih rinci, di masa yang akan datang untuk lebih mendorong penggunaan mekanisme gugatan sederhana sebagai instrumen penerapan asas peradilan yang sederhana, cepat, dan berbiaya ringan di Indonesia. Mahkamah Agung perlu mengatur lebih rinci peran kuasa hukum dalam gugatan sederhana, seperti mengatur hak bicara kuasa hukum dan masalah ketidakhadiran prinsipal dalam hal pihak adalah badan hukum; Pemanggilan secara elektronik melalui SMS, WA dan email dapat menjadi alternatif yang digunakan dalam proses pemanggilan, maka PERMA sebaiknya mengatur secara lebih rinci syarat dan ketentuan keabsahan pemanggilan berbasis teknologi informasi tersebut.</p><p> </p>

scholarly journals Pertukaran Peran Suami-Istri dan Implikasinya Terhadap Waris Perspektif Maqāṣid Al-Syarī‘ah

2019 ◽  
Vol 5 (01) ◽  
pp. 73-80
Author(s):  
Sukarman Sukarman ◽  
Abdul Hadi
Keyword(s):  
Social Change ◽  
Functional Traits ◽  
Islamic Law ◽  
Integral Functional ◽  
Husband And Wife

This paper reviews three main things in families that have integral-functional traits (childcare, livelihood and inheritance). Paradigm of conventional Islamic law divides the role between husband and wife rigidly. for example, living is the duty ofa husband, caring for children is the duty of the wife, and inheritance rights are legal 2 : 1 for husband and wife. With the occurrence of social change that has caused a change in the role of husband and wife both in the form of division of rolesand even the exchange of roles between husband and wife. This is certainly not fair when there is no balance between rights and burden carried out, so we need a fair legal solution. There fore this study analyzes the problem using the perspective of maqâṣid asy-syarî‘ah.

Peran Kiai Dalam Menyelesaikan Konflik Keluarga

2021 ◽  
Vol 1 (2) ◽  
pp. 184-193
Author(s):  
Muhammad Habib ◽  
Muhammad Shaleh ◽  
 Muhammad Hasbi
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Married Couples ◽  
Mediation Process ◽  
Family Conflicts ◽  
Interesting Phenomenon ◽  
Library Research ◽  
The People ◽  
Husband And Wife

An interesting phenomenon that occurs in the people of the Tanjung Pura Subdistrict, Langkat Regency, who still consider the kiai to be a highly respected and respected figure. In terms of problems that occur between husband and wife such as nusyuz and syiqaq, people still believe that by telling the kiai, they will get the best solution as an effort to resolve conflicts that occur in their families. This type of research is juridical-empirical law research (Socio-Legal Research). This research was conducted by looking for field data (field research) and library research, namely analyzing data sources on books. Data collection techniques were carried out by conducting interviews with kiai and communities in several villages in the Tanjung Pura District, Langkat Regency. The purpose of this study was to determine the role played by the kiai in resolving family conflicts in Tanjung Pura District, Langkat Regency and to find out the review of Islamic law and its legislation related to the resolution of family conflicts involving a kiai. The results of the research that have been carried out conclude that the kiai has a role in reducing family conflicts in the community in the Tanjung Pura District, Langkat Regency, including the first role of the kiai in providing good solutions to problems faced by married couples, secondly the role of the kiai in trying to reconcile husband and wife. -wife who is in disagreement, the three roles of the kiai are good protectors in an effort to resolve family conflicts. Islam gives up the freedom of settlement to reach an agreement to make peace for those who are in dispute. This is done because Islah-shulh is part of Islamic teachings to resolve a dispute or conflict peacefully. However, it is different from the laws and regulations which have their own rules in the implementation of mediation in court. In accordance with Perma No. 1 of 2016 Article 13 that to be a mediator in the mediation process must have a certificate. With regard to efforts to resolve family conflicts by involving the kiai as hakam, this is permissible. However, the role of the kiai as a mediator or hakam can only be carried out in an effort to resolve disputes that have not been submitted to court with the consent of the conflicting parties. Unless, the kiai already has a certificate as a mediator. Keywords: kiai; mediator; Family

scholarly journals THE ROLE OF RELIGIOUS COURT IN ISLAMIC LAW REFORM IN INDONESIA

Asy-Syari ah ◽  
2020 ◽  
Vol 21 (2) ◽  
pp. 125-134
Author(s):  
Amran Suadi
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Innovation Process ◽  
Law Reform ◽  
The Supreme Court ◽  
The Republic ◽  
New Formula ◽  
Religious Courts ◽  
Legal Opinion

Abstract: Law, including Islamic law, will evolve with the changes of time, place, situation and tradition. New social problems grow gradually and pose challenges to Islamic law. Reconstruction and reform are inevitable for Islamic law to respond to the current issues. The Islamic law reforms in Indonesia performed through legal enactment, legal opinion (fatwa), and the Religious Courts decisions. New formula for Islamic law in addressing contemporary issues can be built through three processes: conservation, innovation process, and creation. The Supreme Court of the Republic of Indonesia fully supports the development of Islamic law in Indonesia. The reform of Islamic law by the Supreme Court has been carried out through several instruments, such as the issuance of Perma and SEMA, agreement among justices within the Chamber of the Religious Courts, and creation of jurisprudence.Abstrak: Hukum, termasuk hukum Islam, akan berubah seiring dengan perubahan waktu, tempat, situasi dan tradisi. Masalah sosial baru yang tumbuh secara bertahap tumbuh dan menimbulkan tantangan bagi hukum Islam. Rekonstruksi dan reformasi tidak dapat dihindarkan agar hukum Islam merespons masalah saat ini. Ada tiga tipologi reformasi hukum Islam di Indonesia yang dilakukan melalui pengesahan hukum, pendapat hukum (fatwa), dan keputusan pengadilan dari keputusan Pengadilan Agama. Formula baru untuk hukum Islam dalam menangani masalah kontemporer dapat dibangun berdasarkan tiga proses: proses konservasi, proses inovasi, dan proses penciptaan. Mahkamah Agung Republik Indonesia sepenuhnya mendukung pengem­bangan hukum Islam di Indonesia. Reformasi hukum Islam oleh Mahkamah Agung telah dilakukan melalui beberapa instrumen, seperti penerbitan Perma dan SEMA, kesepakatan di antara para hakim di Kamar Pengadilan Agama, dan penciptaan yurisprudensi yang diambil dari kasasi.

scholarly journals PERAN LEMBAGA PERADILAN DALAM PEMBATASAN UPAYA HUKUM DALAM PERKARA PERDATA

2016 ◽  
Vol 28 (1) ◽  
pp. 1
Author(s):  
Bambang Sugeng Ariadi ◽  
Trisadini P. Usanti ◽  
Johan Wahyudi
Keyword(s):  
Supreme Court ◽  
Low Cost ◽  
District Court ◽  
Legal Action ◽  
Legal Remedy ◽  
The Supreme Court ◽  
Civil Cases ◽  
Court Of Appeal

In order to application of judicial principle is simple, fast and low cost is to reduce accumulation of cases in the Supreme Court especially at the level of Cassation. Along with the increasing number of incoming cases, and was sentenced in the District Court and Court of Appeal, the amount of the proposed decision legal remedy of Cassation to the Supreme Court also increased and began to be a serious problem. For that we need to do some research on role of Judiciary in Legal action restrictions in order to reduce the accumulation of civil cases. Penerapan asas peradilan yang sederhana, cepat dan biaya ringan bertujuan untuk mengurangi penumpukkan perkara di Mahkamah Agung, terutama pada tingkat Kasasi. Seiring dengan makin meningkatnya jumlah perkara yang masuk, dan diputus di PN dan PT, jumlah putusan yang diajukan upaya hukum Kasasi ke MA juga semakin meningkat dan mulai menjadi masalah serius. Untuk itu perlu dilakukan suatu penelitian tentang Peran Lembaga Peradilan dalam Pembatasan Upaya Hukum dalam rangka mengurangi penumpukkan perkara perdata.

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