scholarly journals DIVORCE DUE TO DOMESTIC VIOLENCE IN SINJAI DISTRICT (Perspective Analysis of Islamic Law)

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.

Al-'Adl ◽  
2021 ◽  
Vol 14 (1) ◽  
pp. 44
Author(s):  
Rosdalina Bukido ◽  
Fitriani Lundeto ◽  
Yasin Yasin

Relaas call is one of the most important instruments in court proceedings. Without a call, the presence of the parties in the Court has no legal basis. Relaas Summons in the Civil Procedure Code is categorized as authentic deeds. Relaas did not convey to the parties in the litigation. The Respondent did not know about the trial schedule and the claim him, which resulted in the Respondent or Defendant losing the right to answer or defend himself against the plaintiffs' demands or the applicants. This study examines the Relaas summons' effectiveness through the Kelurahan in divorce cases at the Bitung Religious Court. Through field research with a qualitative descriptive approach using data mining techniques, observation, interviews, and documentation. The results prove that the Relaas concept in Islamic Law is contained in KHI Article 131, Articles 138 s.d. Article 140. Likewise, the Relaas image in positive Law is included in the Herzien Indlandsch Reglement or abbreviated as HIR and Rechtsreglement Voor de Buitengewesten, which are Civil Procedural Laws for areas outside Java and Madura. or abbreviated as RBg. The implementation of Relaas summons through the kelurahan was not effective in four cases, namely Case Number 55 / Pdt.G / 2018 / PA Bitg, Case Number 91 / Pdt.G / 2019 / PA Bitg, Case Number 0061 / Pdt.G / 2017 / PA Bitg and Case Number 0150 / Pdt.G / 2017 / PA. However, official and proper elements have subsequently been fulfilled.


2020 ◽  
Vol 2 (1) ◽  
pp. 45-66
Author(s):  
Nurzakia .

Islam regulates the resolution of nusyuz (disobedience) for husbands and wives in the Qur'an Surah an-Nisa’ verse 34 and an-Nisa’ verse 128. Within the Islamic law, the resolution of nusyuz does not promote any violence against wives. Beatings to wives as stated in Surah an-Nisa’ verse 34 should be interpreted as actions to give lessons. However, some cases of domestic violence, relate to the understanding of nusyuz developed within the community. People generally understand nusyuz as an act of a wife's disobedience towards her husband. This inaccurate understanding of nusyuz may lead to domestic violence by the husband, under the pretext of a disobedient wife, while most often it is the husband who is disobedient. In this present study, the field research approach was used. The data collection techniques included interviews and documentation. The data were then analyzed using the qualitative descriptive analysis by interpreting and describing the data. The results of the study revealed that there were three groups of people that understood the concept of nusyuz differently at Ingin Jaya Subdistrict of Aceh Besar District. The first group perceived that nusyuz could be present both in the wife and in the husband. The second group argued that the nusyuz attitude only existed within the wife, whereas the third group had no idea of the concept of nusyuz at all even though they might have done it. The public understanding of nusyuz is very likely obtained from their educational background. Those studying in Islamic boarding schools have had more knowledge of religion and vice versa. Here, most of the interviewees stated that the concept of nusyuz was closely related to domestic violence because public perception had been highly influenced by Surah an-Nisa’ verse 34 concerning the beating of a nusyuz wife. This perception has then given the husband a valid reason to physically beat the wife who has been considered nusyuz. Thus, it is difficult to separate the Islamic doctrine that has long developed within the lives of today’s Muslim communities.


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.


Author(s):  
Fatahuddin Aziz Siregar

The South Tapanuli community adopts a patrilineal kinship system so that women do not get inheritance, even if there is acquisition of property, women receive it not in their capacity as heirs but in the form of holong ni ate as confirmed in the Supreme Court Jurisprudence number 506K / Sip / 1968 dated January 22, 1969 However, on the other hand the Tapsel community underwent a process of Islamization that was quite deep, so that the customary law of South Tapanuli was also influenced by positive law including Jurisprudence which gave heir to girls later issued by the Supreme Court number 528K / Sip / 1972 dated 17 January 1973. This rule makes the practice of distributing the assets of Tapsel's community inheritance also shifts no longer according to the full provisions of adat law.This paper focuses on answering the factors that cause the shift in Batak customary inheritance in Tapsel, how the form of Batak adat inheritance shifts in Tapsel, and how the role of Islamic law in the shifting Batak customary inheritance in Tapsel. To answer this, use descriptive-analytical field research using data collection techniques in the form of observations and interviews with traditional leaders, religious leaders, judges and the community who carry out the distribution of inheritance.From this search, the authors found that the practice of inheritance in Tapsel society has shifted from adat inheritance caused by two factors, namely, First, the factor of Islamic law because Tapsel people have understood Islam well and run it in various fields of life including in the distribution of inheritance. Given that there are dozens of Islamic education institutions in Tapsel according to the author has given a pretty good understanding of Islamic law. So in general it can be said, that this change is a consequence of the Islamization process experienced by the Tapsel people. Second, is the factor of higher power or positive law because until now the community still believes that only the Religious Courts as a place to solve the problem of inheritance to obtain legal certainty.The shift to adat inheritance occurs in several patterns. The first pattern is a total change from customary form to division according to faraid, this pattern occurs in areas that are fairly Islamic, namely the Mandailing Natal region, although of course there are some people who divide in a way that is not consistent in carrying out Islamic law. The second pattern is to carry out adat law, namely in communities that are relatively strict with adat, namely in the Padang Lawas and Sipirok regions, in this area many cases seem to have carried out faraid formally but the substance still reflects the spirit of adat law. The third pattern, namely the way of division which is a combination of Islamic law and customary law, which is a fairly moderate community in the Angkola region.Islamic law has contributed by shifting the implementation of customary law to Islamic law. People who according to customary law do not receive inheritance become heirs who receive a certain portion. At first the mother did not count as an heir, then given a part 1/3 or 1/6. Istdri initially did not get any portion of the inheritance then received 1/4 or 1/8. Girls initially only have the status of olong ate, then receive a relatively large portion, which is 1/2 or 2/3.


2017 ◽  
Vol 4 (2) ◽  
pp. 234
Author(s):  
Tubus Tubus

This paper aims to examine the making of the contents of wills examined from the point of view of Islamic law, in practice the reality in the lives of many people who have not heed the word basmallah as an incantation in the contents of the will for the followers of Islam. In this study using sociological juridical method, where the primary data obtained directly from field research, while secondary data obtained from the literature. The results obtained that the way of making the contents of the will and the absence of public legal awareness is optimal for the making of the contents of wills in accordance with Islamic law. And there are still weaknesses in the Making and Implementation of the contents of the current will, when the testament is oral, namely: The absence of the sacred intention or the noble intention of the collector must not necessarily occur; unsecured rights of the recipient, in the event of any problems of the future heirs of the pewasiat; there is a difficulty of proof in the absence of witnesses, when the will is brought before the Court. Law renewal in the making of the contents of the will in the presence of a notary in the perspective of Islamic law are: the reconstruction of its value, the Ideal Formation of the Will, the testament is done in writing witnessed by two witnesses and before the Notary. Ideal Construction Format of Testament Creation. The testament is written in the presence of two witnesses or in the form of a Deed or a Notary Deed. At the head of the will or the Deed or Notarial deed is included a sentence “Basmallah”.


2021 ◽  
Vol 16 (1) ◽  
pp. 152-182
Author(s):  
Ahmad Arif Masdar Hilmy ◽  
Ria Cahyaning Utami

The determination of the dowry in the marriage of the people of Karangsono Village was originally based on the rules of Islamic law, namely by using the principles of convenience, lightness, and simplicity. However, people's lives that are never stagnant make them always interact with each other, thus forming a new concept of dowry determination in the community. The purpose of this article is to determine the description and implementation of the concept of the dowry class in the community marriage of Karangsono Village and to review it using the perspective of the social construction theory. This field research used a qualitative descriptive method and data analysis used Berger and Luckmann's social construction theory. Data were collected through document study, interviews, and observations. This research resulted in conclusions: (1) The concept of the dowry class in the community marriage of Karangsono Village is based on the classification of the prospective bride, which is seen from the status of a virgin or widow, her beauty, and age. The higher the quality of the woman, the higher the dowry she can get, (2) The determination of the dowry in Karangsono Village has undergone a social construction based on three simultaneous processes. The externalization process is illustrated through adaptation to religious texts and life being experienced. The process of objectivation here gives birth to new meanings, which are manifested in the actions of the wider community so that they become objective facts. The process of internalization is illustrated by the affirmation in the consciousness experienced subjectively.(Penentuan mahar dalam perkawinan masyarakat Desa Karangsono mulanya didasarkan pada aturan hukum Islam, yakni dengan menggunakan asas kemudahan, keringanan dan kesederhanaan. Namun kehidupan masyarakat yang tidak pernah stagnan, membuat mereka selalu berinteraksi satu sama lain, Tujuan artikel ini ialah untuk mengetahui deskripsi dan implementasi konsep kelas mahar dalam perkawinan masyarakat Desa Karangsono, serta ditinjau menggunakan perspektif teori konstruksi sosial. Penelitian lapangan ini menggunakan metode deskriptif kualitatif dan analisis datanya menggunakan teori konstruksi sosial Berger dan Luckmann. Pengambilan data dilakukan melalui studi dokumen, wawancara dan observasi. Penelitian ini menghasilkan beberapa kesimpulan: (1) Konsep kelas mahar dalam perkawinan masyarakat Desa Karangsono ialah berdasarkan klasifikasi yang dimiliki calon pengantin perempuan, yakni dilihat dari status perawan atau janda, paras kecantikan dan usianya. Semakin tinggi kualitas yang dimiliki perempuan, maka semakin tinggi pula mahar yang bisa didapatkannya, (2) Penentuan mahar di Desa Karangsono telah mengalami konstruksi sosial berdasarkan tiga proses simultan. Proses eksternalisasi tergambar melalui adaptasi dengan teks-teks keagamaan dan kehidupan yang sedang dialami. Proses objektivasi disini melahirkan pemaknaan baru, yang termanifestasikan ke dalam tindakan-tindakan masyarakat luas sehingga menjadi kenyataan objektif dan biasa dilakukan dalam kehidupan sehari-hari. Proses internalisasi tergambar oleh penegasan dalam kesadaran yang dialami secara subjektif dan pentransferan akan pengetahuan tentang makna-makna objektif)


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.


2017 ◽  
pp. 273
Author(s):  
Sultan Hasanuddin

Pig hunting tradition (maddengeng) is one of cultures in Ponre District, Bone Regency, South Sulawesi. It is done because pigs are declared as big pest that can cause agricultural and environmental damage. This study aims to describe the important role of Islamic Education on pig hunting tradition  done by people of Ponre. This study used intrinsic and extrinsic approach. It employed qualitative descriptive method by describing the Islamic values from the observed culture. The data were collected by using some techniques including observation, interview, and documentation. In the case of data analysis, the gathered data were analyzed by using data reduction, data display, and drawing conclusion. The result shows that pig hunting tradition of Ponre people is divided into two activities, namely local pig hunting and massive pig hunting. Local pig hunting is usually done to identify the core of pest location by using simple utilities. Conversely, massive pig hunting is done by involving many people massively and using more complete utilities as well as systematic steps. In fact, in its realization, there are some deviations done by Ponre people which against the Islamic law, such as doing some rituals that contain the elements of animism and dynamism before doing the process of pig hunting. Therefore, Islamic Education has an important role in straightening those deviate concepts by changing those rituals with praying together to Allah before doing pig hunting, and giving some understanding about how to properly clean things touched with pigs according to Islamic law.


2021 ◽  
Vol 7 (2) ◽  
pp. 75-88
Author(s):  
Muhammad Syaikhon ◽  
Nanang Rokhman Saleh ◽  
Bahrul Ulum

This research is a type of field research with a qualitative descriptive approach with the title Role of the Principal in Improving PAI Learning during the Corona Pandemic at RA Taam Adinda Kepatihan Menganti Gresik. This study aims to determine the role and strategy of school principals in improving PAI learning during the corona pandemic at RA TAAM Adinda Kepatihan Gresik. The subjects in this study were educators, students, parents, and related parties. The data collection techniques used were observation, in-depth interviews, and documentation. Data analysis was carried out using data reduction, data presentation, and drawing conclusions or verification. The results of the findings of this study can be concluded that the role of the RA Taam Adinda principal in improving Islamic Education learning during the corona pandemic in Kepatihan Menganti Gresik village was as educator, manager, administrator, supervisor, leader, innovator, and motivator that had been implemented properly and by defined goals and plans. The strategies used by the school principal in improving PAI learning during the corona pandemic at RA Taam Adinda Kepatihan Menganti Gresik were improving teaching skills for teachers, optimizing the use of media and educational facilities, carrying out regular supervision, and establishing good cooperation with the community


2021 ◽  
Vol 5 (1) ◽  
pp. 140-160
Author(s):  
Hidayatina Hidayatina ◽  
Suci Lailatul Laila

The driving factor for the increased consumption of herbal medicine is the widespread issue of back to nature voiced by the international media. UniQ Drink Healthy Herbal Drink is a contemporary herbal drink from Central Java, which found an innovation with a traditional concept to become modern. The large number of herbal drink enthusiasts has attracted the attention of Mrs. Adis to become an entrepreneur in the herbal drink UniQ Drink Healthy Herbal Drink in the city of Lhokseumawe. The objectives of this research are: To examine the business strategy of UniQ Drink Healthy Herbal Drinks in general and based on a sharia economic perspective? The method used is in the form of field research with a qualitative descriptive approach. The results of this study explain that: a) UniQ Drink's business strategy is in accordance with the production and marketing strategy, in its production strategy the company does not use chemicals and preservatives and its management is still traditional. b) This business has not implemented a business strategy in accordance with Islamic law, including the facts that are not in the packaging label which are not indicators of production and expiration dates and in financial records, but the company always gets out of the amount earned by 20% of the amount obtained to give to the people.


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