scholarly journals PENCANTUMAN STATUS PERKAWINAN DALAM ADMINISTRASI PERKAWINAN DI KANTOR URUSAN AGAMA PERSPEKTIF MAQĀSHID SYARĪ’AH

Al'Adalah ◽  
2020 ◽  
Vol 23 (1) ◽  
pp. 79-92
Author(s):  
Siti Nurul Fatimah T
Keyword(s):  
Marital Status ◽  
Personal Identity ◽  
Rule Of Law ◽  
Islamic Law ◽  
Field Research ◽  
The Future ◽  
The Status ◽  
Identity Card ◽  
The Law ◽  
The One

Status perkawinan merupakan salah satu persyaratan administrasi perkawinan di KUA yang wajib dicantumkan oleh kedua calon pengantin agar pernikahannya dapat diselenggarakan. Seseorang yang belum pernah menikah dianggap perawan/jejaka sedangkan yang sudah pernah menikah dianggap sudah janda/duda. Namun saat ini, kasus seks diluar pernikahan semakin merajalela dan banyak wanita yang hamil diluar pernikahan khususnya di Kota Malang. Sehingga, hal tersebut terdapat ketidakjelasan pada sebuah form status perkawinan yang harus diisi. Misalnya pada wanita yang hamil diluar pernikahan maka statusnya tetap yang dicantumkan adalah perawan. Oleh karenanya, penelitian ini bertujuan untuk mengetahui interpretasi makna status perkawinan dalam administrasi perkawinan menurut KUA, apa konsekuensi hukum jika terjadi kebohongan status perkawinan, serta bagaimana menurut KUA di Kota Malang terhadap pemakanaan status perkawinan tersebut perspektif Maqāshid Syarī’ah. Penelitian ini adalah penelitian lapangan. Hasil penelitian ini, menunjukan bahwa terjadi perbedaan interpretasi perawan/jejaka dan janda/duda antara hukum Islam dan ketentuan administrasi perkawinan yang berdasarkan peraturan Undang-Undang perkawinan di Indonesia. Menurut KUA, status perkawinan mengacu pada identitas diri yang terdapat di KTP masing-masing. Akibat hukum bagi mereka yang berbohong atas status perkawinannya, maka perkawinannya dapat dibatalkan demi hukum oleh pihak yang berwenang. Interpretasi status perkawinan yang berdasarkan KTP, sesungguhnya telah sesuai dengan Maqashid syari’ah pada sektor Hifdz al-‘Irdhi. The inclusion of marital status is one of the requirements in Marriage Administrative at Religious Affairs Office (KUA) that should be fulfilled for the future bride/groom to perform marriage. The one who has not married considered as virgin/bachelor while the one who has married considered as widow/widower. Based on todays phenomenon, married by accident has become well known thing and there are many women who are pregnant without even married, especially in Malang. Thus, there is a lack of clarity on the form of marital status that must be filled. For example, for women who are pregnant out of wedlock, the status listed is a virgin. Therefore, this study aims to find out the interpretation of marital status meaning in marriage administration according to KUA, how the law effect for marital status untruth according to KUA, and how the view of KUA through the marital status meaning in marital administrative based on Maqashid Sharia perspective. The research is field research. The result of the research shows that: different interpretation of virgin/bachelor and widow/widower happen between Islamic law and marriage administration provision which is based on the marriage rule of law in Indonesia. According to KUA, marital status refers to the personal identity that is shown in their personal identity card. The law effect for those who falsify their marital status from thier personal identity card, the marriage can be canceled for the sake of law by the authorities party The interpretation of marriage status that is based on personal identity card, indeed appropriate with Maqashid Sharia in Hifdz al-‘Irdhi sector.

TINJAUAN HUKUM FIKIH TERHADAP HADIAH TABUNGAN DAN GIRO DARI BANK SYARI'AH

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad
Keyword(s):  
Islamic Law ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Literature Reviews ◽  
The Gift ◽  
The Status ◽  
The Law

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling

Hukum Perubahan Status Harta Benda Wakaf: Studi Kasus Perubahan Status Kepemilikan Tanah Wakaf di Desa Keniten Kecamatan Kedungbanteng Kabupaten Banyumas

2020 ◽  
Vol 14 (2) ◽  
pp. 239-250
Author(s):  
Sarmo Sarmo
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Field Research ◽  
The Law

This article discusses the practice of changing waqf for socio-educational purposes. The jurists of the fiqh schools argue over the permissibility of exchanging waqf land. As a country where the majority of the population is Muslim, Indonesia has made the guidelines for waqf which are stated in the law. No. 41 of 2004 concerning Waqf, Government Regulation Number 42 of 2006 concerning the implementation of law number 41 of 2004, and the Compilation of Islamic Law in Indonesia. This study is field research conducted in Keniten Village, Kedungbanteng District, Banyumas Regency. This study concluded that the exchange of waqf land in this village was in accordance with the purpose of the waqf and in accordance with the law. No. 41 of 2004 Article 41 paragraph (3). The process of changing donated land for TK Diponegoro 136 is in accordance with Government Regulation Number 42 of 2006 concerning the implementation of law number 41 of 2004. Meanwhile, the relation of Islamic law to the exchange of waqf land in Keniten Village, Kedungbanteng District, Banyumas Regency is debated in accordance with the rules used by each jurisprudence school. Referring to the argument of jalb al-maṣāliḥ wa dar 'al-mafāsid, the exchange of waqf land in Keniten Village, Kedungbanteng District, Banyumas Regency is not against Islamic law because it brings more benefits.

The Futurists. Experts in World Futures

2018 ◽  
Author(s):  
Jenny Andersson
Keyword(s):  
Cold War ◽  
Status Quo ◽  
The Other ◽  
Futures Studies ◽  
The Future ◽  
The Status ◽  
The One ◽  
The Cold War ◽  
Images Of The Future ◽  
The Way

Alvin Toffler’s writings encapsulated many of the tensions of futurism: the way that futurology and futures studies oscillated between forms of utopianism and technocracy with global ambitions, and between new forms of activism, on the one hand, and emerging forms of consultancy and paid advice on the other. Paradoxically, in their desire to create new images of the future capable of providing exits from the status quo of the Cold War world, futurists reinvented the technologies of prediction that they had initially rejected, and put them at the basis of a new activity of futures advice. Consultancy was central to the field of futures studies from its inception. For futurists, consultancy was a form of militancy—a potentially world altering expertise that could bypass politics and also escaped the boring halls of academia.

scholarly journals Antara Hukum Islam dan Adat; Sistem Baru Pembagian Harta Warisan

2020 ◽  
Vol 5 (2) ◽  
pp. 166-180
Author(s):  
Fatahuddin Aziz Siregar
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Field Research ◽  
Customary Law ◽  
Total Change ◽  
Positive Law ◽  
The Supreme Court ◽  
The Status ◽  
Using Data ◽  
Adat Law

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.

scholarly journals EKSEKUSI NAFKAH PERCERAIAN DI PENGADILAN AGAMA KOTA MALANG

Ulumuddin ◽  
2018 ◽  
Vol 11 (1) ◽  
pp. 116
Author(s):  
Rendra Widyakso
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Public Order ◽  
Scholarly Journals ◽  
Financial Responsibility ◽  
The Public ◽  
Legal Studies ◽  
Preliminary Study ◽  
The Law

This article aims to answer to important questions in legal studies that how to implement the legal execution of earning the expenses caused by divorce based on Indonesian law? And, how do the perspective of Islamic legal schools deal with the execution? There are numbers of scholarly journals studying this specific issue. However, the preliminary study that specifically focuses on the Legal Verdict of the Religious Court of Malang No. 0957/Pdt.G/2014/PA.MLG is offered by this article. It finds that legally, the judge has authority to order the ex-husband to pay the expences of the divorce compensation (mut’ah), financial responsibility due to divorce (iddah) and financial claim (madiyah) and financial childcare (hadhanah) before the divorce pledge is pronounced. If the expences cannot be paid, the ex-wife has right to purpose the legal execution to the court. Due to the purpose the chief of justice is responsible for and has authority to remind the ex-husband (aanmaning) and doing the legal execution if he disrespectly avoided the court’s order. The concept of legal expenses due to divorce is ruled by the fiqh of Islamic legal schools, in spite of the fact that the details of execution remain no any explanation. This article argues that the execution has been done referring to the law. It purposes to fulfil justice, expediency and rule of law. Furthermore, these purposes are the beginning step in order to achieve the public order (mashlahah) and the higher objective of Islamic law (maqashid al-syari’ah).

scholarly journals MAKING THE CONTENTS OF LETTERS IN THE NOTARIS IN ISLAM'S LEGAL PERSPECTIVE

2017 ◽  
Vol 4 (2) ◽  
pp. 234
Author(s):  
Tubus Tubus
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Secondary Data ◽  
Point Of View ◽  
Primary Data ◽  
Legal Perspective ◽  
The Future ◽  
The Will ◽  
The Ideal ◽  
The Way

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”.

The State and the Rule of Law

1970 ◽  
Vol 2 (1) ◽  
pp. 7-13
Author(s):  
Andrzej Zoll
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
The State ◽  
The Political ◽  
The Rule Of Law ◽  
The Law ◽  
Democratic Principles ◽  
Set Up ◽  
The One ◽  
Real Chance

The changes brought about in Poland and elsewhere in Europe by the fall of Communism have given rise to hopes for the establishment of a political system differing from the one which had been the fate of these countries. In place of totalitarianism, a new political system is to be created based on the democratic principles of a state under the rule of law. The transformation from totalitarianism to democracy is a process which has not yet been completed in Poland and still requires many efforts to be made before this goal may be achieved. One may also enumerate various pitfalls jeopardising this process even now. The dangers cannot be avoided if their sources and nature are not identified. Attempts to pervert the law and the political system may only be counteracted by legal means if the system based on the abuse of the law has not yet succeeded in establishing itself. Resistance by means of the law only has any real chance of success provided it is directed against attempts to set up a totalitarian system. Once the powers which are hostile to the state bound by the rule of law take over the institutions of the state, such resistance is doomed to failure.

Islam, Islamic Law and Constitution Making: International and Domestic Engagement in the Constitution-Making Process in Afghanistan

MAZAHIB ◽  
2020 ◽  
Vol 19 (1) ◽  
Author(s):  
Ahmad Rofii
Keyword(s):  
Public Participation ◽  
Islamic Law ◽  
International Community ◽  
The Other ◽  
The Public ◽  
The Future ◽  
The One ◽  
Constitution Making

The making of the 2004 Constitution was a significant moment amidst the continuing conflicts in Afghanistan. It was an attempt to transform differences and conflicts into a shared agenda for the future of the country. The process of constitution-making in Afghanistan was marked by intense negotiations between the international community and actors, on the one hand, and domestic actors, on the other. The outcome would be called a “win-win solution”. This essay focuses on the making of the Islam-related clauses: How was the public participation? How has the negotiation been undertaken? What was the result and why? This essay is an attempt to answer those questions. It will argue that the process of constitution-making in Afghanistan particularly with regard to the Islam clauses is the acts of negotiations between different competing actors. The Constitution is the product of negotiations not only between international and domestic actors, but also between domestic actors. As evident in the making of the Islam clauses, these negotiations might be characterized as between puritan Islamist and more moderate Muslim actors.Pembuatan Konstitusi Afghanistan tahun 2004 adalah momen penting di tengah konflik yang terus berkecamuk. Ia merupakan upaya untuk mentranformasi perbedaan dan konflik menjadi agenda bersama bagi masa depan negeri ini. Proses pembuatan konstitusi Afghanistan ditandai oleh negosiasi yang intens antara masyarakat dan aktor-aktor international di satu sisi, dan aktor-aktor domestik di sisi lain. Hasilnya dapat disebut ‘win-win solution’. Tulisan ini fokus pada pembuatan klausul-klausul Islam: Bagaimana partisipasi publiknya? Bagaimana negosiasi dilakukan? Apa hasil dan mengapa? Tulisan ini adalah upaya untuk menjawab pertanyaan-pertanyaan tersebut. Ia akan beragumen bahwa proses pembuatan Konstitusi di Afghanistan khususnya terkait dengan klausul-klausul Islam merupakan tindakan negosiasi antara aktor-aktor yang berbeda. Konstitusi Afghanistan tidak saja merupakan produk negosiasi antara aktor-aktor internasional dan domestik, tetapi juga di antara aktor-aktor domestik itu sendiri. Sebagaimana terbukti dari pembuatan klausul-klausul Islam, negosiasi-negosiasi tersebut dapat dikarakteristikan sebagai negosiasi antara aktor puritan Islamis and aktor yang lebih moderat.

scholarly journals Breaking Up the Unity of the World: Peter Fitzpatrick’s Conception of Responsive Law

2020 ◽  
pp. 174387212097533
Author(s):  
Johan van der Walt
Keyword(s):  
Rule Of Law ◽  
The Other ◽  
Short Article ◽  
The Rule Of Law ◽  
Other Hand ◽  
The World ◽  
The Law ◽  
The One ◽  
The Ideal

This short article on Peter Fitzpatrick’s conception of “responsive law” analyzes the ambiguous temporality that Fitzpatrick discerned in modern law. On the one hand, law makes the claim of being fully present and therefore already and completely contained in itself. This aspect of law reflects the law’s claim to “immanence,” that is, its claim of always being able to rely strictly on its own operational terms without having to take recourse to any consideration not already contained within itself. It is this aspect of law that renders the ideal of the “rule of law” feasible. On the other hand, the law’s claim to doing justice to every unique and therefore every new case also demands that it takes leave of that which is already settled within it. This aspect of law can be called its “imminence.” The imminence of the law concerns the reality that law always finds itself on the threshold of that which has not yet been said and must still be said. The article shows how Fitzpatrick relied on Freud’s concept of the totem to explain the “wondrous” unity of its immanence and imminence.

Underground Warfare in Urban Areas

2018 ◽  
Author(s):  
Daphné Richemond-Barak
Keyword(s):  
Rule Of Law ◽  
Urban Areas ◽  
Armed Conflict ◽  
The Rule Of Law ◽  
Law Of Armed Conflict ◽  
The Status ◽  
The Law ◽  
Operational Constraints ◽  
Sewage Systems

This chapter focuses on the application of the law of armed conflict to “urban” tunnels, that is, tunnels dug near, by, or against civilians. It examines the legal ramifications of urban tunnels for anti-tunnel operations and the protection of civilians in war. It suggests some answers, with a view to reconciling the rule of law with operational constraints. It also analyzes the status of civilians who help dig tunnels or find themselves inside a tunnel at the time of a strike. Finally, it considers the situation in which preexisting underground civilian infrastructure, such as subways or sewage systems, are used to launch attacks or carry out other types of hostile activity.

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