scholarly journals IMPLEMENTASI NAFKAH IDDAH PADA PENGADILAN AGAMA WATAMPONE

2020 ◽  
Vol 2 (1) ◽  
pp. 64-74
Author(s):  
Nur Tasdiq
Keyword(s):  
Qualitative Research ◽  
Legal Status ◽  
Islamic Law ◽  
Legal Basis ◽  
Philosophical Approach ◽  
Religious Courts ◽  
Husband And Wife

Abstract: This research is about the application of iddah income for wives at the Religious Court in Watampone. The main issues regarding the legal status of iddah livelihoods, and how to determine the amount of iddah livelihoods, as well as the efforts of judges in resolving husband's cases refuse to provide iddah livelihoods. This research is a qualitative research with a normative juridical approach and a philosophical approach. The provision of livelihood in the Qur'an and the Compilation of Islamic Law in Indonesia is obligatory to be given to the wife after divorce, requested or not requested in court, as long as the divorce is not due to the wife's nusyuz. But this is not the case with his practice at the Religious Courts in Watampone. Determination of iddah income at the Religious Court in Watampone still prioritizes the agreement between the husband and wife, if an agreement is not found between them, the Panel of Judges will determine the amount by considering the husband's ability and wife's needs. Regarding the case of the husband refusing to provide iddah, the Panel of Judges took several efforts, but the efforts taken did not have a strong legal basis, even some of the efforts taken were not in accordance with the existing procedural law.AbstrakPenelitian ini mengenai penerapan nafkah iddah pada Pengadilan Agama Watampone. Pokok permasalahan tentang status hukum nafkah iddah, dan bagaimana cara penentuan jumlah nafkah iddah, serta upaya hakim dalam menyelesaikan perkara suami menolak memberi nafkah iddah. Penelitian ini adalah penelitian kualitatif dengan pendekatan yuridis normatif dan pendekatan filosofis.Ketentuan nafkah iddah di dalam  al-Qur’an dan Kompilasi Hukum Islam di Indonesia adalah wajib diberikan kepada isteri yang ditalak raj’i, diminta ataupun tidak diminta dalam persidangan, selama perceraian bukan karena nusyuznya isteri. Namun tidak demikian dengan peraktiknya di Pengadilan Agama Watampone. Penentuan nafkah iddah pada Pengadilan Agama Watampone tetap mengedepankan kesepakatan antara pihak suami dan isteri, apabila tidak didapati kesepakatan antara keduanya, maka Majelis Hakim yang akan menentukan jumlahnya dengan mempertimbangkan kemampuan suami dan kebutuhan isteri. Terkait perkara suami menolak memberi nafkah iddah, Majelis Hakim menempuh beberapa upaya, namun upaya yang ditempuh tidak memiliki dasar hukum yang kuat, bahkan beberapa upaya yang ditempuh tidak sesuai dengan hukum acara yang ada.Keywords: Implementation; Iddah; Living Rights; Religious courts.

scholarly journals The Value of Local Wisdom in the Contextualization of Budgeting in Aceh

2019 ◽  
Vol 4 (1) ◽  
pp. 74
Author(s):  
Delfi Suganda ◽  
Teguh Murtazam
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
State Regulations ◽  
A Value ◽  
Aceh Province ◽  
Special Area ◽  
Broad Framework ◽  
The Government ◽  
Local Value

Aceh Province is a special area. Acts No. 11 of 2006 concerning theGovernment of Aceh provides freedom in terms of managing the government,especially regarding the implementation of Islamic law in Aceh. Islamic Shari’a isnot only understood as a rule that regulates education, but also about regulation ingovernment management in Aceh. One part of the government is about compilingregional spending in Aceh. This research is focused on budgeting which will becontextualized with Acehnese values, namely the local value of implementingIslamic law in Aceh. Priority indicators for a budget arrangement so that theyfulfill the requirements as ideal budgets according to Islam (Islamic budget ideal).In terms of substance, this research is classified into qualitative research, whichfocuses on the depth and sharpness of the study. So if more quantitative researchis on a broad, broad framework, the qualitative study is digging, swooping, anddeep. Islamic budgeting is a value that in this context wants to be included in thebudget in South Aceh. Based on the results of the study it was found that in terms ofthe determination of post-expenditure it is possible to include the values of IslamicShari’a. In this case the post expenditure is based on maqasid as-Syari’iyah. Interms of revenue, only zakat, shadaqah, and infaq are possible to be contextualized.As for ‘usyr, rikaz, etc., it is not possible because regional revenues from the fiscalside are regulated so rigid in state regulations  

scholarly journals حركة العودة إلى المسج د في الموسيقى التصويرية الأصلية لفيلم خمس زوايا المساجد

Jurnal CMES ◽  
2020 ◽  
Vol 13 (1) ◽  
pp. 1
Author(s):  
Nur Hidayah
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Religious Art ◽  
Art World ◽  
Islamic Art ◽  
Philosophical Approach ◽  
Social Responses ◽  
Art Objects ◽  
Religious Understanding ◽  
Selection Of

This article discusses the concept of Islamic aesthetics, which is the view of art and beauty according to Ismail Raji Al Faruqi and Seyyed Hossein Nasr, the representation of the two intellectual figures is seen as representing a pattern of religious understanding, especially with regard to the perspective of art objects in Islam. The aim is to explain descriptively the comparative views of the two modern Islamic thinkers and examine how Muslims respond to their thoughts in the Islamic art world today. furthermore, the article explain conceptually how religious art thought is believed and chosen as a basis in determining the direction and expression of art in the socio-cultural space. The method used in this study is descriptive qualitative analytic, with a religious philosophical approach to Islam, while data collection techniques are carried out through qualitatively described literature. The results show that aesthetics built on Sufistic conception and spiritual appreciation so distinctively in it’s paradigm. The Sufistic paradigm emphasizes how art encourages one's psyche without debating legal status, while monotheistic aesthetics built on the basis of dogmatism and belief in the faith underlines the exoteric level, the foundations that are considered permissible or not may not legally Islamic law. Community social responses and the selection of aesthetic views are sectarian in accordance with their religious beliefs.

Epistemologi Fikih Filantropi Masa Pandemi Covid-19 di Indonesia

2021 ◽  
Vol 14 (2) ◽  
pp. 345-366
Author(s):  
Wahyu Wahyu Akbar ◽  
Athoillah Ismaly
Keyword(s):  
Qualitative Research ◽  
Literature Review ◽  
Islamic Law ◽  
Moral Values ◽  
Philosophical Approach ◽  
Public Benefit ◽  
Economic Problems ◽  
The Government ◽  
Alternative Solutions ◽  
Epistemological Basis

Handling economic problems in Indonesia during the Covid-19 pandemic necessitates the importance of cooperation from all elements of society with the government in offering various alternative solutions. This study intends to explore and identify the epistemological basis of Islamic law in the construction of the Fatwa Majelis Ulama Indonesia (MUI) Nomor 23 Tahun 2020 Tentang Pemanfaatan Harta Zakat, Infak, dan Shadaqah Untuk Penanggulangan Wabah Covid-19 dan Dampaknya. This qualitative research is in the form of a literature review with a normative philosophical approach. The analytical theory used is the paradigm of idealism and realism of Islamic law. The results of the study state that the epistemological construction of Islamic law in the MUI fatwa Number 23 of 2020 tends to emphasize the idealism paradigm of Islamic law. First, universal ethical moral values ('am) which are taken from the theological text basis (nas). Second, the use of the rules of Islamic law (qawaid fiqhiyah) which emphasizes the rules of maslahah mursalah (public benefit).Third, the opinion of classical scholars.This finding shows that the presence of the MUI Fatwa in responding to contemporary problems is not always based on the realism paradigm of Islamic law, but also based on the idealism paradigm of Islamic law by making the foundations of theological normative texts and the repertoire of classical fiqh thought as the epistemological basis of its fatwa, as well as in addressing socio-economic problems that arise. caused by the Covid-19 pandemic in Indonesia.

scholarly journals Role of Forensic Evidence in Upholding Justice: Exploring Islamic Law and the Experience of Syariah Courts in Malaysia

2021 ◽  
Vol 29 (2) ◽  
Author(s):  
Abdul Basir Mohamad ◽  
Nurbazla Ismail
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Family Law ◽  
Case Reports ◽  
Document Analysis ◽  
Analysis Data ◽  
Legal Basis ◽  
Forensic Evidence ◽  
Law Of Evidence

In Islamic law of evidence, there are several forms of evidence commonly used by courts to establish facts. In today’s era, a form of evidence called forensic evidence has also emerged. A question then arises, what is the appropriate legal basis for acceptance of this forensic evidence in the Islamic law of evidence. This paper focuses on the evolution of the Islamic law of evidence and investigates the position of forensic evidence in Islamic law from sources such as the Quran, the Prophet’s traditions, and the practices of the Companions of the Prophet. In addition, this study also looks at the experience of the Malaysian Syariah Courts in terms of how forensic evidence is dealt with in hearing family law cases. The research design of this study is content analysis. Data were obtained by document analysis, including books, papers, journals, case reports, and other records relating to the role of forensic evidence. The methods used to interpret the data for this qualitative research are analytical and deductive. As a result, it can be said that forensic evidence is not an unfamiliar matter in the Islamic law of evidence. In fact, forensic evidence has been relied on by the Syariah Courts of Malaysia in making several decisions for certain cases in order to ensure that justice is upheld in society.

scholarly journals PERTIMBANGAN HAKIM DALAM MEMUTUSKAN PERKARA DISPENSASI NIKAH BERDASARKAN ANALISIS MASLAHAH (Studi Penetapan Hakim No. 266/Pdt.P/2020/PA.Pwr di Pengadilan Agama Purworejo)

2021 ◽  
Vol 3 (1) ◽  
pp. 131-144
Author(s):  
Waluyo Sudarmaji
Keyword(s):  
Qualitative Research ◽  
Secondary Data ◽  
Technical Analysis ◽  
Qualitative Approach ◽  
Primary Data ◽  
Normative Approach ◽  
Primary Data Source ◽  
Data Source ◽  
Husband And Wife

In the event that the prospective bride and groom will hold a marriage registered at the local Office of Religious Affairs If the age is less than 19 years, it will be rejected because the marriage conditions are not fulfilled. Because the marriage is considered urgent to be carried out, then parents or guardians can apply for a marriage dispensation at the Religious Court. Marriage dispensation is an application for ratification of a marriage that will take place by the prospective bride and groom or one of the prospective brides who are not old enough to marry. This research is the result of research on the consideration of judges in deciding the case of marital dispensation with the analysis of maslahah with the main problem of consideration of judges in deciding the case and the analysis of maslahah. This research is analitive descriptive qualitative research with normative approach, data source used by primary data source in the form of interviews, observations, and secondary data in the form of court determination. The technical analysis of data used is qualitative approach to primary data and secondary data. The purpose of this research is what the judge considered in the Purworejo Religious Court in granting the application for marital dispensation on the determination No. 266/Pdt.P/2020/PA/Pwr, and to find out the determination of judges in the Purworejo Religious Court regarding marital dispensation which is analyzed through maslahah. Based on the results of the research conducted, it can be concluded that the consideration of the judge in granting the request for marital dispensation is on the grounds that the marriage is urgent to be done, between the husband and wife there is no obstacle to marriage and the two families have approved each other. In the analysis maslahah consideration of judges included in the maslahah doruriyah because to maintain religion and descendants.

scholarly journals Tinjauan Hukum Islam tentang Pembebanan Mut’ah dan Nafkah Iddah terhadap Suami yang Murtad (Studi Kasus Putusan Pengadilan Agama Nganjuk No: 1830/Pdt.G/2016/PA.Ngj)

2019 ◽  
Vol 3 (2) ◽  
pp. 365
Author(s):  
Rika Fitriani ◽  
Abdul Aziz
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Field Research ◽  
Qualitative Approach ◽  
Court Decision ◽  
Legal Basis ◽  
Definition Of

When obligations do not work in a balanced manner in fostering a household, disputes and arguments often occurs which will result in the termination of a marriage.  Divorce can occur by various factors in a marriage.  One of the factors that divorce causesare one among apostate husbands or wives, which if the marriage continues to be maintained will cause loss. As a result of the divorce because the husband has lapsed into marriage, the marriage is immediately finished, and if the marriage is fulfilled, a wife will not get mut'ah and a living from her husband, but it is different from being practiced in a religious court whose husband is burdened with giving mut '  ah and livelihood iddah.  So with the existence of these problems the author will review the judges' considerations in considering their decisions and reviewing Islamic law. This study aims to find out about the definition of Mut'ah, the livelihood of iddah and apostasy, to find out the legal basis used by the judge in deciding cases and what according to the views viewed from Islamic law.To answer these three problems, the researcher used a qualitative approach with field research that collected data directly from the source.  In qualitative research, the researcher is faced directly with the respondent, namely a direct interview by the Judge in the Nganjuk Religious Court.Based on the research, even though the husband apostatized and married the husband was still obliged to give mut'ah and livelihood because even though the apostate's husband would not obstruct the husband's obligation to his wife, and the divorce divorce case was equated with ordinary divorce divorce.  Judges use the basis of article 149, 117, with reasons for divorce article 116 letter (f) and (h) KHI (Compilation of Islamic Law) and the results of RAKERNAS MARI in 2005. and viewed from a review of Islamic law judges use volcanic jurisprudence II if  the termination of marriage because of apostasy does not require a court decision or judge's decision and is immediately canceled and does not see the consequences of the apostasy. 

scholarly journals ANALISIS GENDER TERHADAP PERCERAIAN SUMPAH LI’AN DALAM PUTUSAN NOMOR 0918/Pdt.G.2019/PA.Bdw

Ijlil ◽  
2021 ◽  
Vol 1 (3) ◽  
pp. 308-322
Author(s):  
Angga Tiara Wardaningtias ◽  
Inayatul Anisah
Keyword(s):  
Islamic Law ◽  
Time Limit ◽  
Legal Basis ◽  
State Position ◽  
The Law ◽  
Religious Courts

The consequence of divorce by li’an vows is the breakup of the lineage of the child with his father and the end of the marriage forever. Bondowoso Religious Court is one of the Religious Courts that decide divorce by another oath. The judge's consideration in deciding the oath of allegiance by the legal basis in the Compilation of Islamic Law (KHI), namely article 162. However, submitting a child denial application is not following article 102 of the Compilation of Islamic Law. Decision number 0918 / Pdt.G.2019 / PA.Bdw exceeds the time limit allowed to apply for child denial. The Judge of the Religious Court has not yet used Perma No. 03 of 2017 on Guidelines for Judging Women's Matters Facing the Law, as a guideline for judging women in a conference. So that the understanding of gender is still lacking and even do not agree with the concept of gender. What is meant by injustice here is when one type of gender is better in its state, position, and position.

POLEMIK DI SEPUTAR HUKUM ISBAT NIKAH DALAM SISTEM HUKUM PERKAWINAN INDONESIA

2017 ◽  
Vol 11 (2) ◽  
pp. 233-246
Author(s):  
Ramdani Wahyu Sururie
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Legal Protection ◽  
Legal Order ◽  
Legal Certainty ◽  
Marriage Law ◽  
The Law ◽  
Religious Courts

"Isbat nikah" is the verification of a marriage. Juridically, marriage verification is regulated under the laws such as Law No. 1 of 1974 on Marriage, Law Number 7 of 1989 on Religious Courts, and Law No. 3 of 2006 and Law Number 50 of 2009 on Changes in the Religious Courts Act. The regulations stipulate that marriage verification is allowed for marriage performed before the Law Number 1 of 1974. In practice, marriage verification submitted to the Religious Court is done after the enactment of Law Number 1 of 1974. The acceptance of "marriage verification" by the Religious Court for the marriage taken place after the 1974 Marriage Law was based on the Compilation of Islamic Law (KHI), whereas KHI's legal status is not included in the Indonesian legal order. The essence of marriage verification is a legal determination. This means that a verified marriage remains valid because the marriage that is verified is merely on administrative reason. The position of marriage verification is a part of giving legal protection and legal certainty. The position of the KHI, which regulates in more detail the marriage verification, functions regulatively in the midst of a vacuum of religious judicial law. In addition, the judge may decide whether to grant or deny the application of marriage verification. Thus, it can be concluded that the nature of marriage verification is a part of legal discretion.

Polemik di Seputar Hukum Isbat Nikah dalam Sistem Hukum Perkawinan Indonesia

2017 ◽  
Vol 11 (2) ◽  
pp. 233-246
Author(s):  
Ramdani Wahyu Sururie
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Legal Protection ◽  
Legal Order ◽  
Legal Certainty ◽  
Marriage Law ◽  
The Law ◽  
Religious Courts

"Isbat nikah" is the verification of a marriage. Juridically, marriage verification is regulated under the laws such as Law No. 1 of 1974 on Marriage, Law Number 7 of 1989 on Religious Courts, and Law No. 3 of 2006 and Law Number 50 of 2009 on Changes in the Religious Courts Act. The regulations stipulate that marriage verification is allowed for marriage performed before the Law Number 1 of 1974. In practice, marriage verification submitted to the Religious Court is done after the enactment of Law Number 1 of 1974. The acceptance of "marriage verification" by the Religious Court for the marriage taken place after the 1974 Marriage Law was based on the Compilation of Islamic Law (KHI), whereas KHI's legal status is not included in the Indonesian legal order. The essence of marriage verification is a legal determination. This means that a verified marriage remains valid because the marriage that is verified is merely on administrative reason. The position of marriage verification is a part of giving legal protection and legal certainty. The position of the KHI, which regulates in more detail the marriage verification, functions regulatively in the midst of a vacuum of religious judicial law. In addition, the judge may decide whether to grant or deny the application of marriage verification. Thus, it can be concluded that the nature of marriage verification is a part of legal discretion.

scholarly journals Fleksibilitas Hak Perempuan dalam Cerai Gugat di Pengadilan Agama Parepare

2019 ◽  
Vol 12 (1) ◽  
pp. 1-16
Author(s):  
Fikri Fikri
Keyword(s):  
Qualitative Research ◽  
Law Enforcement ◽  
Case Studies ◽  
Women's Rights ◽  
Women’S Rights ◽  
Psychological Approach ◽  
Patriarchal Culture ◽  
Religious Courts ◽  
Husband And Wife

This study aimed to know about the flexibility of women's rights in divorce at Parepare Religious Court and how the judge resolved divorce case. This study was conducted with qualitative research with a focus on case studies, with a juridical, socio-anthropological, philosophical and psychological approach. The results of this study shows; 1) Judge's decision in Case No.171/Pdt.G/2019/PA.Pare is flexible in deciding divorce case. The case of divorce is a reflection of equality and justice in women's rights to law enforcement in the Religious Courts. Divorced as well as eliminating patriarchal culture by placing women as second class; 2) The judge at Religious Court in Parepare can approve in a divorce case for several reasons as follows; disputes and quarrels occur between husband and wife, the husband persecutes and hurts his wife's body, the husband betrays his wife to another woman.

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