scholarly journals Analisis Maslahat terhadap Pertimbangan Hakim dalam Memutus Perkara Sengketa Harta Waris yang dihibahkan

2021 ◽  
Vol 3 (2) ◽  
pp. 203-221
Author(s):  
Inayatul Syarifah

The purpose of this study is to determine the basis for consideration of religious court judges and religious high judges in granting or rejecting applications for inheritance cases that have been granted. This type of research is library research (library research), descriptive research using qualitative methods. Whereas the power of attorney to compare M. Fadlil Hadi's power of attorney to Dr. M. Yaman, S.H., M.H. and Ramid, S.H. The date February 9 2018 is invalid. The limitation of presenting a grant as an illustration of a case regarding a lawsuit for inherited land disputes that has been granted in terms of the Maslahah Mursalahah, is to respect and fulfill a sense of justice for other war experts, even though the jurists do not. KHI is based on consideration of benefit (providing benefits) and avoiding harm.

2021 ◽  
Vol 3 (2) ◽  
pp. 290-307
Author(s):  
Azhar Azhar ◽  
Putri Amelia

This dissertation discusses Marriage in the perspective of Sufism (Study of analysis of Legislation on Marriage in Indonesia). This is done considering the high divorce rate in Indonesia even though the legislation regarding marriage has been made quite a lot by the government and even the Marriage Law No. 1 of 1974 and the Compilation of Islamic Law have long been enacted. The purpose of this study is to find out why Islamic marriage regulations and legislation in Indonesia have not been able to stem the flow of divorce and family disharmony, and what solutions can be offered in minimizing divorce in Indonesia, as well as how to establish marriage law with the Sufism approach. The process of collecting data is done by means of library research (Library Research). The reading material is described and analyzed using qualitative methods so that the causes of the high divorce rate in Indonesia are found. After the discussion, two main problems were found, namely formal problems and non-formal problems. Formal problems are problems that are related to the rules and regulations of marriage itself. While non-formal problems are problems that arise from the personal members of each family. To overcome problems related to formal problems, the solution offered is the need to review several articles in the Marriage Law Number 1 of 1974 and need to revive the functions of the Marriage Advisory Counseling and Conservation Agency (BP4) as before the Marriage Law Number 1 year 1974. Meanwhile, to overcome problems related to non-formal problems, it is necessary to give Sufism teachings to the bride and groom who are delivered when they attend bride and groom courses organized by the Ministry of Religion throughout Indonesia. In order to establish marriage law with the Sufism approach, the connection between Sufism values and laws in the frame of benefit is needed. For this reason, the values of Sufism such as warak and zuhud and qonaah and so on need to be developed and integrated in connection with marriage law. The interconnection of the values of Sufism with marriage law is needed in numbers to minimize the divorce rate in Indonesia. Keywords: Marriage law, Sufism


2021 ◽  
Vol 17 (2) ◽  
pp. 159
Author(s):  
Abdul Muttalib ◽  
Wahyuddin Wahyuddin ◽  
Rina Riniawati

This study aims to analyze the poetry anthology "Old Message" by Hendra Djafar using structuralism-semiotic theory. This type of qualitative descriptive research by conducting library research (library research) through relevant reading materials. The analysis was carried out on three poems, “I am a Orderly Poetry,” “Salawatku,” and "Old Message" which are considered to represent the tendencies of Hendra Djafar's poetry in the types of ballads, odes and contemporary. The analysis of the three poems is then analyzed using the theory analysis are: 1). The dimensions of the icon are analyzed from the power of saying "I" lyrics as a poet as well as acting as a dominant-looking narrator, 2). The index dimension implies that there is tension between the form and content of the poem, contradictions in the psychological dimension between messages and impressions, as well as between exclamations and criticisms, 3). Although the dimensions of arbitrary symbols are not widely found.


2020 ◽  
Vol 1 (4) ◽  
pp. 566-587
Author(s):  
Muhammad Taufan Djafri ◽  
Askar Patahuddin ◽  
Muhammad Ridha

This article aims to find out the jurisprudence khiyār al˗majlis according to Imam Malik and Jumhur Ulama, and to know the application of khiyār al˗majlis in modern buying and selling. This study uses qualitative methods with library research (library research) with content analysis of the selected data sources. The research results obtained: First, according to the Jumhur Ulama khiyār al˗majlis can be done either in person or online. Second, According to the Maliki School of Khiyār al-Majlis it is not allowed and what can be done is Khiyār. Requirements before transactions such as delivery of goods, as well as Khiyār disgrace when a buyer finds a deficiency / defect in the goods that have been purchased. Third, the application of Khiyār al-Majlis in modern buying and selling or online shop in the form of the right to continue or cancel the sale and purchase between the seller and the buyer, this can be done if one of the two requires a khiyar within a certain time and they are still in one transaction until he / she is receive the goods and this is in accordance with the opinion of the jumhur ulama, whereas according to Imam Malik it is not allowed because this can damage the terms of sale and purchase.


1970 ◽  
Vol 13 (2) ◽  
Author(s):  
Muhamad Iqbal

Tulisan ini menjelaskan konsep khalifah fil’ardi sebagai wakil Tuhan dalam melestarikan alam. Penelitian ini bertujuan untuk menanamkan kesadaran energi yang berasal dari sumber daya alam. Jenis penelitian ini adalah penelitian kepustakaan (Library Research) dan penelitian ini merupakan penelitian deskriptif kualitatif. Berdasarkan analisis dan data yang penulis teliti, penulis menyimpulkan bahwa pengetahuan yang komprehensif tentang kesadaran energi menjadi dasar mengenai khalifah fil’ardi. Mewujudkan kesadaran energi di tengah masyarakat menjadi konsep termutakhir dari “khalifah fil ‘ardi” This paper describes the concept of khalifah fil’ardi as representatives of God in conserving nature. This study aims to instill awareness of energy derived from natural resources. This type of research is the research library (Library Research) and this research is a qualitative descriptive study. Based on the analysis and the data that I researched, the author concludes that a comprehensive knowledge about energy awareness is the basis of the khalifah fil’ardi. Realizing energy awareness in society becomes the latest concept of khalifah fil’ardi.


2021 ◽  
Vol 6 (2) ◽  
pp. 329
Author(s):  
Faisal Bukhari

According to miankabaunese’s traditional law, when a dispute or disagreement occurs in a community, it is resolved by consensus among members of the clan or clan leaders which ends in the fellowship of local custom assosiation called with “Kerapatan Adat Nagari (KAN)”. The problem formulation of this research is; what is the role of Kerapatan Adat Nagari (KAN) in resolving communal land (tanah Ulayat) disputes in one of local villager called Kenagarian Bukik Sikumpa, Lima Puluh Kota Regency? and how the efforts of Kerapatan Adat Nagari (KAN) to overcome obstacles in resolving communal land disputes in Kenagarian Bukik Sikumpa, Lima Puluh Kota Regency. The method of the research is an empirical juridical approach. The conclusion of research is that the role of Kerapatan Adat Nagari (KAN) of Bukik Sikumpa of Lima Puluh Kota district is as the mediator any disputes where the provisions of Perda No. 7 of 2018 as the legal basis. This provision declares that every local villagers have to prioritie in conducting local wisdom deliberation as solving problem among the family, community, and tribal levels. Kerapatan Adat Nagari (KAN) acts as an intermediary in resolving disputes if these three domains of local deliberation have been taken by the disputing families. Due to local religious philosophy "Adat basandi syarak, syarak basandi Kitabullah", every customari chiefs whether they are members of the Kerapatan Adat Nagari (KAN) or who are not, should increase the sense of justice and be wiser for people's trust restoration.


Al'Adalah ◽  
2021 ◽  
Vol 24 (2) ◽  
pp. 119-127
Author(s):  
Syazna maulida Hasi

Abd al-Karim ibn Ibrahim ibn Abd al-Karim bin Khalifah bin Ahmad bin Mahmud al-Jilli (1365–1428 M) terkenal dengan teori sufistiknya tentang insan kamil (manusia sempurna). Penelitian ini bertujuan untuk memaparkan secara terperinci pemikiran tasawuf falsafi al-Jilli mengenai konsep insan kamil. Adapun metode yang digunakan dalam penelitian ini adalah metode kualitatif dengan jenis penelitian library research (studi kepustakaan). Hasil penelitian ini adalah bahwa menurut pemikiran tasawuf-falsafi ‘Abdul Karim al-Jilli, manusia dapat berpotensi menjadi insan kamil dengan cara memaksimalkan potensi ruhhiyah atau spiritualnya. Abd al-Karim ibn Ibrahim ibn Abd al-Karim bin Khalifah bin Ahmad bin Mahmud al-Jilli (1365 – 1428 AD) is famous for his Sufistic theory of insan kamil (perfect man). This study aims to describe in detail about Al-Jilli's philosophical Sufism and how his famous thoughts regarding the concept of insan kamil. The method used in this research is a qualitative method with the type of research library research (library study). The results of this study explain that regarding the Sufism-philosophy concept of 'Abdul Karim al-Jilli, humans could be the perfect man (Insan Kamil) by maximizing their potential spirituality.


This study is aimed to explore the patterns of family support in cervical cancer survivors. This study is focused on explaining the kinds of patterns of family support received by cervical cancer survivors who had experienced high-resilience. It implements qualitative methods with descriptive research design. Data is collected by screening using resilience scale and interview. The analysed data include interview results obtained from cervical cancer survivors who had experienced high resilience. Research results showed that high resilience among the three cervical cancer survivors is related to family support. The patterns of family support received by the three participants include closeness, receptors, and durability. The three participants also received at least three out of four patterns of family supports concrete support, emotional support, informative support, and award support. Types of support most needed by the three participants are concrete support and emotional support.


2021 ◽  
Vol 1 (1) ◽  
pp. 1-5
Author(s):  
Annisa Sherin Millenia ◽  
Maman Abdurrahman ◽  
Ilham Mujahid

Abstract. Research in this thesis is a type of descriptive research. The data used in this study is secondary data with primary legal material in the form of Al-Qur'anul Karim, Compilation of Islamic Law, Law No. 1 of 1974, Law No. 48 of 2009 on the Power of Justice. While the approach the author uses is juridical normative. The author uses data collection techniques or library research in accordance with PERMA No. 1 Year 2019 on The Administration of Cases and Hearings in the Court conducted electronically, however, the facts that occurred, the absence of the respondent at the court on the grounds that the existence of PSBB, although the call has been made officially and appropriately. In the examination of the Respondent from the attorney general the applicant submits an application to the panel of judges to continue the trial and examine the respondent via video call. The results of this study showed that the discretion of the Judge in deciding the divorce lawsuit through a video call in the Brass Religious Court, the judge prioritized the principle of justice and efficacy for the community, especially to the litigants. Abstrak. Penelitian dalam skripsi ini merupakan jenis penelitian deskriptif. Data yang digunakan dalam penelitian ini adalah data sekunder dengan bahan hukum primer berupa Al-Qur’anul Karim, Kompilasi Hukum Islam, Undang-undang No. 1 Tahun 1974, Undang-Undang No. 48 Tahun 2009 tentang Kekuasaan Kehakiman. Sementara pendekatan yang penulis gunakan adalah yuridis normatif. Penulis menggunakan teknik pengumpulan data atau library research Sesuai dengan PERMA No. 1 Tahun 2019 tentang Adminsitrasi Perkara dan Persidangan di Pengadilan dilakukan secara elektronik, Namun, Fakta yang terjadi, ketidakhadiran dari termohon di persidangan dengan alasan saat itu adanya PSBB, meskipun telah dilakukan panggilan secara resmi dan patut. Dalam pemeriksaan Termohon dari kuasa hukum pemohon mengajukan permohonan kepada majelis hakim untuk tetap melanjutkan persidangan dan memeriksa pihak termohon melalui video call. Hasil penelitian ini menunjukkan bahwa diskresi Hakim dalam memutus perkara gugatan cerai talak melalui video call di Pengadilan Agama Kuningan, hakim mengutamakan asas keadilan dan kemanfatan bagi masyarakat, khususnya kepada pihak yang berperkara.


2018 ◽  
Vol 2 (1) ◽  
pp. 57-66
Author(s):  
Rohmad Fadli

Daily Newspaper “Bengkulu Express” is the largest daily newspaper in the province of Bengkulu. In this research the newspaper “Bengkulu Ekspress” is analyzed by seeing Islamic Journalistic values consisting of 1) A Journalist must be truthful, 2) Thoughtful and full of good advice, 3)Tabyyun, 4) Not insulting, mocking, and ridiculing, 5) Avoid Suuzhan. The result of this qualitative descriptive study with  type of research library research shows 58 news is applying Islamic Journalistic values; 53 news is about politic and 5 news is about socio religious. From those politic news edition June, July, and August occurred  9 news were applying the Islamic Journalistic value; A Journalist must be truthful, 19 news were applying the value; Thoughtful and full of good advice, 8 news were about value; Tabyyun, 4 news were adjusting the value; Not insulting, mocking, and ridiculing, also 13 news were about value; Avoid Suuzhan. The last 5 news about socio religious edition June; 4 news were found the value; Thoughtful and full of good advice, and 1 news was about the value; Not insulting, mocking, and ridiculing.


2014 ◽  
Vol 1 (2) ◽  
Author(s):  
Eva Susanti

This research conducted in BAPEDAL  aceh, the purpose of this research is to figure out that the aplication of accountability report and work institution of government has done well.The result of data collection is got through library and field research. Library research is done by using some literature that it has relation with the research topic. While field research is the way to collect the data that it also has relation with problem discussion.Generally, the applying of primary job and bapedal function in Aceh has applied well.  The strategic of target  decision in 2010 has succed to goal by the level of percentation result average 98,53%.    The arrangement of aplication LAKIP in BAPEDAL Aceh in 2010 based on Inpres No.7 in 1999 and then it is arranged in ministry country role of efficiency  state apparatus and bureaucracy of reformation  no. 2009 in 2010 about guidelines of arrangement  for work and accountability report of institution government that it is the basic of arranging and conveying LAKIP government.


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