scholarly journals PUTUSAN PENGADILAN NEGERI PADANG NOMOR: 69/Pdt.G/2009/PN.Pdg TENTANG HIBAH WASIAT PERSPEKTIF HUKUM ISLAM

2019 ◽  
Vol 4 (2) ◽  
pp. 163
Author(s):  
Suci Rahmawati
Keyword(s):  
Content Analysis ◽  
Data Analysis ◽  
Islamic Law ◽  
District Court ◽  
Analysis Method ◽  
Legal Research ◽  
Court Judge ◽  
Legal Remedies ◽  
The People ◽  
The Will

<p><em>This article would explain the testament of the testamentary gift Number: 69/Pdt.G/2009/PN.Pdg., in the Padang District Court. As for the background of this research is the settlement of the will between the people of Islam, but decided by the district court, so there are some irregularities, both in terms of formal law and Islamic law. This research is a normative legal research with data analysis method in the form of content analysis. Based on the results of the decision are considered appropriate by the panel of judges who completed the case. Although there are no legal remedies from the parties against the decision of the district court judge, from the perspective of Islamic law the decision is still contrary to what should apply to people of Islam.</em></p><p><em> </em></p><p> </p>

scholarly journals Zakat Model by Caliph ʻUmar ibn Khaṭṭāb: Innovations Towards the Country’s Economic Problems

2019 ◽  
pp. 75-86
Author(s):  
Sabarudin Ahmad ◽  
Aris Sunandar Suradilaga ◽  
Lisnawati Shaleh
Keyword(s):  
Content Analysis ◽  
Data Analysis ◽  
Primary Sources ◽  
Economic Sector ◽  
Analysis Method ◽  
Legal Research ◽  
Economic Problems ◽  
Content Analysis Method ◽  
State Income ◽  
Data Source

Umar bin Khattab is one of the four Khulafāʻ ar-Rāsyidīn who are known to be firm, fair, and wise in his government,especially in the economic sector in the welfare of their people. Umar’s government lasted ten years. In that period there were many government innovations to overcome various state problems. The country’s economic problems get serious attention by him. Various innovations also occur in the management of zakat. This research is a normative legal research, using a historical approach. The data source is divided into three parts, namely primary sources, secondary, and tertiary sources. While the method of data analysis uses the content analysis method. The results of this study indicate that the principle for Umar is an important instrument and is one of the main sources of state income. Various innovations in the field of zakat are the efforts of Umar as a caliph to optimize the zakat fund. These innovations are innovation of zakat during famine, innovation of zakat for slaves, innovation of zakat on agriculture and livestock, and innovation in the distribution of zakat funds.

scholarly journals Accounts Payable (Qardh) in Islamic Law

2020 ◽  
Vol 7 (4) ◽  
Author(s):  
Saprida Saprida ◽  
Choiriyah Choiriyah ◽  
Melis Melis
Keyword(s):  
Data Analysis ◽  
Qualitative Data ◽  
Islamic Law ◽  
Analysis Method ◽  
Accounts Receivable ◽  
Library Research ◽  
Accounts Payable ◽  
Helping Others ◽  
The Will ◽  
Data Analysis Methods

AbstractThis study discusses how accounts receivable (qardh) are in Islamic law. This research is a type of library research that focuses on qualitative data management with data analysis methods using the description-analysis method. The results of this study are that qardh (accounts receivable) is an act or activity that has the purpose of helping others who are in need of material assistance, and is highly recommended because it provides wisdom and benefits for the lender and the recipient of the debt. Qardh is permissible as long as there are no elements which are detrimental to either party. While the law exceeds the payment of as much debt, if the excess is indeed the will of the debtor and not the previous agreement, then the excess may be for those who repay it, and be good for those who pay the debt. As for the additions that are desired by those who are in debt or have become agreements during the contract, this must not be prohibited in Islam.Keywords: Qardh, Islamic Law. AbstrakPenelitian ini membahas bagaimana piutang (qardh) dalam hukum Islam. Penelitian ini adalah jenis penelitian kepustakaan yang berfokus pada manajemen data kualitatif dengan metode analisis data menggunakan metode deskripsi-analisis. Hasil penelitian ini adalah bahwa qardh (piutang dagang) adalah tindakan atau kegiatan yang memiliki tujuan membantu orang lain yang membutuhkan bantuan material, dan sangat dianjurkan karena memberikan kebijaksanaan dan manfaat bagi pemberi pinjaman dan penerima hutang. Qardh diperbolehkan selama tidak ada unsur yang merugikan salah satu pihak. Sementara hukum melebihi pembayaran hutang sebanyak-banyaknya, jika kelebihannya memang merupakan kehendak debitur dan bukan perjanjian sebelumnya, maka kelebihannya mungkin bagi mereka yang membayarnya, dan baik bagi mereka yang membayar hutang. Adapun tambahan yang diinginkan oleh mereka yang berhutang atau telah menjadi perjanjian selama kontrak, ini tidak boleh dilarang dalam Islam.Kata kunci: Qardh, Hukum Islam.

scholarly journals ISBAT NIKAH PASANGAN DI BAWAH UMUR DI PENGADILAN AGAMA PURWAKARTA

Asy-Syari ah ◽  
2021 ◽  
Vol 23 (1) ◽  
Author(s):  
Hanif Fauzi
Keyword(s):  
Content Analysis ◽  
Islamic Law ◽  
Qualitative Approach ◽  
The State ◽  
Analysis Method ◽  
Court Judge

Abstract: Marriage ratification or itsbat nikah is a way out for unregistered marriages in order to obtain registration and recognition from the state. Not every application for ratification of marriage is always granted, sometimes the application is rejected which refers to the Compilation of Islamic Law. This paper has the aim of revealing the basis for the judge's considerations as well as having a role as chairman of the Purwakarta Religious Court when processing several cases regarding the legalization of underage marriages which always grants and never rejects the application, this is interesting because there is a decision by another Religious Court judge who refuses similar application. This study uses this analysis method (content analysis) with a qualitative approach. The results of this study show that the judge in question concluded that the age of the bride and groom is not a benchmark for accepting or rejecting the application for itsbat marriage, but the parameter is that every marriage that meets the conditions and pillars is legal and worthy of marriage, but unfortunately the conclusion is not attached to the sheet. the decision and give the impression that it is very easy to apply for an istbat. Therefore, underage marriages as long as they fulfill the pillars and requirements are treated as legal marriages and will always be accepted and granted the application for ratification of marriage.Absktrak: Pengesahan nikah atau itsbat nikah merupakan jalan keluar bagi pernikahan yang tidak tercatat demi mendapatkan pencatatan dan pengakuan dari negara. Tidak setiap permohonan pengesahan nikah itu selalu dikabulkan, adakalanya permohonan itu ditolak yang mengacu pada Kompilasi Hukum Islam. Tulisan ini bertujuan untuk mengungkapkan dasar landasan pertimbangan hakim sekaligus memiliki peran sebagai ketua Pengadilan Agama Purwakarta ketika menangani beberpa perkara tentang pengesahan nikah perkawinan anak di bawah umur yang selalu mengabulkan dan tidak pernah menolak permohonan tersebut, hal ini menarik karena adaya putusan hakim Pengadilan Agama lain yang menolak permohonan yang serupa. Penelitian ini mengguna­kan metode analisis ini (content analysis) dengan pendekatan kualitatif. Hasil penelitian ini menunjukan bawa hakim yang bersangkutan memberikan kesimpulan bahwa usia pengantin bukanlah patokan untuk menerima atau menolak permohonan itsbat nikah, melainkan parameternya adalah setiap perkawinan yang  terpeuhi syarat dan rukunya itu adalah sah dan layak untuk diistbatkan, namun sangat disayangkan ungkapan tersebut tidak dilampirkan dan dituliskan secara jelas dalam setiap lembaran putusan yang memerikan kesan bahwa hakim sangat mempermudah sekali untuk menga­bulkan istbat. Oleh karena itu pernikahan dibawah umur selama memenuhi rukun dan syarat dininai sebagai perkawinan yang san dan akan selalu diterima dan dikabulkan permohonan pengeshan nikahnya di Pengadilan Agama Purwakarta.

scholarly journals Akibat Hukum Putusan Pernyataan Pailit Debitor terhadap Kreditor (Analisis Putusan Mahkamah Agung Nomor 443K/Pdt.Sus/2012)

2021 ◽  
Vol 3 (3) ◽  
pp. 1300-1306
Author(s):  
Irma Fedriyanti ◽  
Sutiarnoto Sutiarnoto ◽  
Surya Perdana
Keyword(s):  
Data Analysis ◽  
District Court ◽  
Legal Research ◽  
Legal Provisions ◽  
Legal Remedies ◽  
Sorting Data ◽  
Asset Value ◽  
The Supreme Court ◽  
New Business ◽  
Legal Consequences

The purpose of this paper is to review and analyze legal provisions in the case of a decision on a debtor's bankruptcy statement against creditors, to review and analyze legal remedies that can be taken by creditors in the event that the debtor's asset value has not been able to pay off debts to creditors and To review and analyze the legal consequences of bankruptcy statements by debtors in the Decision of the Commercial Court of the Central Jakarta District Court Number 12 / PAILIT / 2012 in conjunction with the Decision of the Supreme Court No.443K / Pdt. Sus / 2012. This type of research is normative legal research. Data analysis is the process of organizing and sorting data into categories and basic description units, so that themes are found and work hypotheses can be formulated, as suggested by the data. The data analysis was done qualitatively. With associated research objectives. The results showed that the legal provisions in the stipulation of a decision on a debtor bankruptcy statement against creditors are regulated in Law Number 37 of 2004, namely in article 2 paragraph (1), which explains that the requirements for filing a bankruptcy application are two or more creditors and have not paid off the minimum debt. against one creditor and the debt is due. Legal remedies that can be taken by creditors in the event that the value of the debtor's assets has not been able to pay off the debt to the creditor is to bankrupt the new business of the debtor if the debtor is still in default and does not pay off the debt even though it has been collected properly before.

scholarly journals ARTICLES OF THE MEJELLE ON SALAM CONTRACT: JURISTIC EVALUATION AND APPLICATIONS

2020 ◽  
Vol 28 (3) ◽  
pp. 359-382
Author(s):  
Md. Habibur Rahman ◽  
Muhammad Amanullah
Keyword(s):  
Content Analysis ◽  
Islamic Law ◽  
Contemporary Literature ◽  
Short Selling ◽  
Qualitative Approach ◽  
Analysis Method ◽  
The People ◽  
Content Analysis Method ◽  
Data Source ◽  
Contemporary Context

The Majallat al-Aḥkām al-‘Adliyyah, known as the Mejelle, is the code of Islamic civil transactions which was prepared under the auspices of the Ottoman Caliphate. This code was established based on the Ḥanafī School of Islamic law. However, people, who follow other than the Ḥanafī School, are reluctant to rely on the Mejelle even though they are interested to know the stands of their respective School of Islamic law on the articles of the Mejelle. Thus, considering the importance and relevance of Salam contract to the contemporary context, the paper attempts to conduct a juristic evaluation of the articles of the Mejelle on salam contract along with an investigation of its contemporary applications. Salam is a sale contract in which the commodity’s delivery is deferred until a defined period, while the buyer must settle the payment upon the contract’s conclusion. Although the general principle says that sale of something which is not possessed and not present is not permissible, salam contract is made valid as an exception from this, considering the need of the people. The study follows a qualitative approach and uses the content analysis method to achieve the objectives. For data source and analysis, the study consults with related classical and contemporary literature. The study finds that in general, the articles of the Mejelle on salam contract conform to the prominent Schools of Islamic law. Among the notable contemporary applications of salam contract are salam financing, parallel salam, salam ṣukūk, salam in short selling, and so forth.

scholarly journals Konstruksi Nalar Rechtvinding Hakim dalam Pemberian Izin Poligami yang Berkeadilan Gender dalam Putusan Pengadilan Agama Jombang No. 0899/Pdt.G/2016/PA.Jbg

AL-HUKAMA ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 496-517
Author(s):  
Abdullah Taufik ◽  
Ilham Tohari
Keyword(s):  
Content Analysis ◽  
Research Method ◽  
Islamic Law ◽  
Gender Justice ◽  
Legal Research ◽  
Analysis Techniques ◽  
Positive Law ◽  
The One ◽  
Legal Discovery ◽  
Religious Courts

The practice of polygamy in Indonesia until now has drawn criticism from some feminists who did not agree. But on the one hand, both Islamic law and positive law permit various conditions. In this case, the Religious Court (PA) becomes the last fence which becomes the determining point for a man to be able to polygamy. For this reason, researchers conducted a study of PA decisions on polygamy, namely Jombang PA Decision No. No. 0899 / Pdt.G / 2018 / PA.Jbg . The focus of the problem is (1) the value of gender justice in the decision and (2) reasoning rechtvinding(legal discovery) judge. The method used in this study is a normative-qualitative legal research method with content analysis techniques from Charles Purse. The results showed that the practice of polygamy licensing in the Religious Courts had actually gone through processes that reflected gender justice. This is reflected in the obligation of the Religious Court to summon the longest wife of the applicant for polygamy to be asked for willingness and information. The results of subsequent studies show that PA Jombang judges used hermeneutic techniques in making legal discovery efforts. Because, they not only focus on aspects of legality, but also consider the contextualization.

scholarly journals THE POLITENESS EXPRESSED BY THE CHARACTERS IN “BEAUTY AND THE BEAST” MOVIE PRODUCED BY WALT DISNEY

2019 ◽  
Vol 2 (2) ◽  
pp. 190-209
Author(s):  
Imanila Imanila ◽  
Hendra Hendra ◽  
Sisca Wulansari Saputri
Keyword(s):  
Qualitative Research ◽  
Content Analysis ◽  
Data Analysis ◽  
Learning Material ◽  
Analysis Method ◽  
Beauty And The Beast ◽  
Walt Disney ◽  
English Expression ◽  
Content Analysis Method ◽  
Descriptive Qualitative

This study is focused on analysis of the politeness expressed by the main characters and supporting characters in “Beauty and the Beast” Movie. The objective of this study are to know the politeness expressed by the main characters; Beauty (Belle) and the Beast (Prince) and to know the politeness expressed by the supporting characters in “Beauty and the Beast” movie. This Study is qualitative research that used content analysis method. Technique of data analysis in this study is using descriptive qualitative. The result of analysis are the sum of expression of politeness in saying thank you are 8 expressions, in saying hello are 7 expression, in answer the saying hello are 2 expressions, in use ‘I’m sorry’ are 5 expression and of how to sound more polite are 5 expressions. The sum of all expression of politeness that expressed by the characters in “Beauty  and the Beast” movie are 27 expressions. Based on the discussion of the result of analysis, It can be concluded that expression of politeness is important in communication and it usually use in conversation when people in saying hello or greeting, when people answer the saying hello or greeting from others, when people ask with the sound more polite, and the last when people saying use ‘I’m sorry’ to refused and ignore something and ask to forgiven by other people. This study can be applied to conduct the learning material in teaching about the  English expression in conversation, especially expression of politeness.

scholarly journals DEVIATION IN POETRY GUILLAUME APOLLINAIRE'S POETRY COLLECTION

2019 ◽  
Vol 5 (2) ◽  
pp. 173-179
Author(s):  
Fitra Maulidya ◽  
Ninuk Lustyantie
Keyword(s):  
Content Analysis ◽  
Data Analysis ◽  
Data Collection ◽  
Qualitative Approach ◽  
Historical Period ◽  
Analysis Method ◽  
Guillaume Apollinaire ◽  
Content Analysis Method ◽  
Data Collection Technique ◽  
Deviation Theory

This research intends to describe the types of deviations contained in the collection of poems Calligrammes by Guillaume Apollinaire. The approach used is a qualitative approach with content analysis method. The data collection technique used is Miles and Huberman. The theory used as the main reference is the deviation theory according to Geoffrey N. Leech which divides the deviation into eight types, namely lexical deviation, phonological deviation, grammatical deviation which includes morphological and syntactic, graphological deviation, semantic deviation, dialectal deviation, deviation of register, and deviation of historical period. The result of data analysis from 7 poems found 5 out of 8 types of deviation which are diffused in each poem, including 24 semantic deviations, 18 graphological deviations, 4 deviations of register, 3 syntactic deviations and 2 lexical deviations. While the types of phonological deviation, morphological deviation, dialectal deviation, and deviation of historical period are not found in any of the data in this collection of poems Calligrammes.

scholarly journals ISLAMIC GARDEN CONCEPT IN BUSTANUSSALATIN (GARDEN OF THE KINGS), ACEH, INDONESIA

2021 ◽  
Vol 6 (3) ◽  
pp. 196-202
Author(s):  
Nurul Fakriah
Keyword(s):  
Content Analysis ◽  
Islamic Law ◽  
17Th Century ◽  
Analysis Method ◽  
Content Analysis Method

In the 17th century, Nuruddin Ar-Raniry wrote a manuscript about the Aceh Kingdom, namely Bustanussalatin, which means the garden of the kings. Following the working title, in one part of the chapter, he described the garden that was a kingdom in detail. This study aims to determine if the garden existed in that era can deliver as an Islamic garden, considering the Kingdom was ruled based on Islamic law. To answer the part of Bustanussalation which described the garden was carried out using the content analysis method. The coding and sorting based on the concept of Islamic garden based on Islamic source, which is the Quran and Hadits, which has been carried out by other research. The result showed that the garden implemented the Islamic garden concept in picturing the garden in Heaven. However, it can not be denied that some restriction in sharia was disobeyed in the garden in using the elements of the causing the garden element historical garden.

scholarly journals Conative Meanings of Covid-19 Hate Speech on Social Media in the Perspective of Substantive Arguments

2020 ◽  
Vol 5 (4) ◽  
pp. 34-41
Author(s):  
Yuliana Setyaningsih
Keyword(s):  
Social Media ◽  
Content Analysis ◽  
Data Analysis ◽  
Hate Speech ◽  
Analysis Method ◽  
Basic Technique ◽  
Critical Awareness ◽  
Content Analysis Method ◽  
The Face ◽  
Analysis Design

This study aims to describe the results of the analysis of the conative meanings of Covid-19 hate speech on social media. The data of this study were excerpts from Covid-19 hate speech text on social media in March-May 2020. The data were collected by referring to the note taking technique as the basic technique. Data analysis were performed using the content analysis method. The design analysis method used was the estimated content analysis design. This design utilized all the knowledge researchers have in analyzing data about the conative meaning of Covid-19 hate speech. The results showed that Covid-19's hate speech had the following conative meanings: (1) insulting, (2) criticizing, (3) railing, (4) provoking, (5) harrasing, (6) blasheming, (7) insinuating, and (8) defaming. The results of this study are useful for building critical awareness of the community in the face of hate speech that is constantly present through social media in the community.

Sign in / Sign up

Export Citation Format

Share Document