scholarly journals Hukum Menikahi Wanita Hamil Karena Zina Menurut Pandangan Imam Syafi’i dan Diimplimentasikan di Kantor Urusan Agama Tanjung Pura

2020 ◽  
Vol 2 (2) ◽  
pp. 243-252
Author(s):  
Suaib Lubis ◽  
Muhammad Idrus
Keyword(s):  
Pregnant Woman ◽  
Pregnant Women ◽  
Research Data ◽  
Biological Father ◽  
Legal Relationship ◽  
Library Research ◽  
Marriage Contract ◽  
The Law ◽  
Extramarital Relationship ◽  
Legal Consequences

This study discusses the main problem, namely about how Imam Syafi'i thought about the law of marrying pregnant women because of adultery, and how the legal consequences arising from his thoughts. The method used in collecting data is library research, while the research data is doctrinal. The approach used is the ushul fiqh approach, which is to explain the opinions and arguments of Imam Syafi'i about the law of marrying pregnant women because of adultery. With the above method, it can be seen the reasons for Imam Shafi'i in his thinking about the law of marrying a pregnant woman because of adultery. Imam Shafi'i is of the opinion that a woman who becomes pregnant as a result of an extramarital relationship can be married by anyone. Be it by men who experienced it or by men who did not impregnate her. Imam Syafi'i argues that children resulting from adultery do not have musharah with their biological father. Regarding the issue of 'iddah, Imam Shafi'i is of the opinion that pregnant women due to extramarital relations do not have an 'iddah period. This is because the purpose of 'iddah is to respect the sperm or fetus contained in the woman (which is channeled through a legal relationship). While adultery is a relationship that is unlawful and illegitimate, therefore the sperm or fetus from the result of adultery is not obligatory to be respected. For this reason, Imam Shafi'i also argues that if women who are pregnant out of wedlock have performed a valid marriage contract, then they are allowed to have biological relations without having to wait for the birth of the baby they are carrying. Keywords: Law; Marrying a Pregnant Woman for Adultery; Imam Shafi'i's view

scholarly journals The Approval of the Guardians of Children Resulted from the Marriage of Pre-marrital Pregnancy Women

2019 ◽  
Vol 1 (1) ◽  
pp. 73-88
Author(s):  
Rahli Lamatande ◽  
Saifullah Bombang ◽  
Akbar Akbar
Keyword(s):  
Pregnant Woman ◽  
Biological Father ◽  
Data Presentation ◽  
Reduction Techniques ◽  
Marriage Contract ◽  
The Law ◽  
The Guardian ◽  
Central Sulawesi ◽  
Depth Interviews

This research deals with the approval of the guardians of children resulted from the marriage of pre-married pregnant women (Case Study at the Office of Religious Affairs in Palasa District, Parigi Moutong, Central Sulawesi). This study uses qualitative research methods, through observation and in-depth interviews and document reviews. The data obtained were analyzed by data reduction techniques, data presentation, data verification, and drawing a conclusion. The results show that the procedure for implementing the guardian of a child resulted from the marriage of a pre-marital pregnant woman is carried out as a procedure for a general marriage. The first step is to register the marriage contract date within a period of 10 days, complete the requirements that have been set, namely in the form of N1. The guardian of children resulted from a pre-marital pregnant marriage can be approved if the requirements are fulfilled, the marriage principles, even though the act of adultery committed by his parents remains an act of adultery. When the requirements of the law of the state have been fulfilled, then there is no obstacle of his biological father to become the guardian of the child(daughter) resulted from pre-marital pregnant woman marriage. The legal basis for the implementation of the guardian of a child resulting from the marriage of a pre-marital pregnant woman is based on the regulations stated in the Law No. 1, 1974, (KHI) the articles 99 and 103.

scholarly journals PROBLEMATIKA IDDAH WANITA HAMIL DI LUAR NIKAH

Mahakim ◽  
2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Moh. Nafik
Keyword(s):  
Pregnant Women ◽  
Legal Status ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Library Research ◽  
Marriage Contract ◽  
The Status ◽  
The Subject ◽  
Written Materials ◽  
Legal Consequences

There are many aspects that need to be studied to see and understand in detail, including the study of the opinions of ulama ‘and KHI in addressing the problematic marriage of pregnant women out of wedlock. In this study, researchers sought to examine these two perspectives by looking at the underlying factors of the contovercial marriage of pregnant women out of wedlock in Indonesia. This is very urgent because the differences in legal consequences contained in KHI and perceptions of ulama ‘, which are actually manifestations of Islamic law are very visible. As in Article 53 KHI which tends to open wide the possibility for people who are not responsible for adultery, coupled with the legal consequences contained in KHI for adulterers is very light compared to the had law applied in some Islamic countries. To simplify this research, the compilers use a type of library research (library rescarch), whose data sources are extracted from written materials in the form of legal texts, both in the form of verses of the Qur’an, the books of hadith, rules of Islamic law and other written sources that are relevant to the subject matter of the marriage of pregnant women out of wedlock. The nature of this research is descriptive-analysis-comparative research. Because this study besides describing the marriage of pregnant women in the study of fiqh science descriptively, also compared the opinions of ulama ‘and KHI regarding the status of iddah for pregnant women out of wedlock. From the perceptions of ulama ‘and KHI, then the conclusion arises that there are differences of opinion between the two. For the Mālikī the marriage of pregnant women out of wedlock is divided into the marriage of pregnant women due to adultery with men who impregnate (biologically) and / or with other men (non-biological). Whereas KHI is more general and does not differentiate with whom the woman will marry. Apart from that, the child is pregnant. Pregnant women out of wedlock may be married by someone who impregnates her or by someone else who is not impregnating her, because there is no real prohibition from the Koran or Hadith. And the legal status of a legal marriage contract while fulfilling the pillars and the marriage conditions that have been determined by Islamic law, in addition there is also an element of benefit. Keywords: Iddah, Pregnant Outside of Marriage, Hamil Di Luar Nikah

scholarly journals Pemberian Hak Hadanah Kepada Ibu Tiri dalam Putusan Pengadilan Agama Sidoarjo Nomor: 0763/Pdt.G/2018/Pa.Sda Perspektif Maslahah Mursalah

AL-HUKAMA ◽  
2019 ◽  
Vol 9 (1) ◽  
pp. 231-263
Author(s):  
Wafda Firyal
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Research Data ◽  
Biological Father ◽  
Good Person ◽  
Biological Child ◽  
Analysis Techniques ◽  
Library Research ◽  
The Right

This article is a library research on the granting of rights to stepmothers in the decision of the Sidoarjo Religious Court Number: 0763/Pdt.G/2018/PA.Sda. The research data are collected using documentation techniques and are analysed using descriptive analysis techniques and using a deductive mindset that is by outlining the decision of the Sidoarjo Religious Court which is then reviewed from the perspective of maslahah mursalah. The panel of judges in determining the right of gift to stepmothers in the Sidoarjo Religious Court's decision, based on article 41 letter (a) of Law Number 1 of 1974 jo. article 105 and article 156 letter (a) Compilation of Islamic Law and the proposition in the book Bajuri juz II. In addition, a willingness from the Defendant who is the biological father of the child to give the right of gift to the Plaintiff's Reconstruction is a point that is included as consideration by the panel of judges. In Islamic law which is examined from the theory of maslahah mursalah, the judge's consideration to establish the right of hadanah to the stepmother in the Sidoarjo Religious Court's ruling is in accordance with the purpose of the hadanah namely to prioritize the interests and benefit of the child so that later he or she can grow into a good person under the care of an appropriate person, even though the child is not a biological child of the Reconvention Plaintiff, the Reconvention Plaintiff is in fact more feasible and competent to have the right of hadanah.

PERLINDUNGAN HUKUM BAGI PARA PIHAK YANG TERLIBAT DALAM PERJANJIAN PADA PLATFORM LOAN-BASED CROWDFUNDING

2019 ◽  
Vol 7 (2) ◽  
pp. 181
Author(s):  
Chartilia Gendis Napinillit M. ◽  
Anjar Sri Ciptorukmi
Keyword(s):  
Dispute Settlement ◽  
Legal Protection ◽  
Legal Rights ◽  
Legal Action ◽  
Legal Certainty ◽  
Important Thing ◽  
Legal Relationship ◽  
The Law ◽  
Legal Consequences ◽  
Laws And Regulations

<p>This article aims to analyze and know the law protection provided to parties involved in the agreement through the loan-based crowdfunding platform. The legal protection granted to the parties is contained within the agreement itself, namely within the clause of the clause agreed upon by the parties, and there is also an out of the agreement, that is, in the provisions of current laws and regulations. Law protection is an important thing to guarantee the fulfillment of the legal rights of a person. In addition to these objectives, law protection is provided to bring about legal certainty, legal benefit, and justice for the parties. Law protection can be preventive (prevent) or repressive (fix). The agreed agreement on the loan-based crowdfunding platform creates a legal relationship between the two parties of the manufacturer.  Legal Relationship is a relationship that gives rise to the consequences of a law guaranteed by law or law. Any legal action that raises legal consequences on a loan-based crowdfunding platform should have legal protection, especially when there is a dispute between the<br />parties. Peaceful forums or through deliberations can not be guaranteed to resolve existing disputes, therefore legal protection is required to provide a solution and clarity of existing dispute settlement or potentially occurring after the agreement is agreed.</p><p>Keywords: Law Protection, Agreement, Loan-based crowdfunding, .</p><p>Abstrak<br />Artikel ini bertujuan untuk menganalisis dan mengetahui perlindungan hukum yang diberikan bagi para pihak yang terlibat didalam perjanjian melaui platform loan-based crowdfunding. Perlindungan hukum yang diberikan bagi para pihak terdapat didalam perjanjian itu sendiri, yaitu didalam klausula klausula yang telah disepakati para pihak, dan terdapat juga diluar perjanjian, yaitu didalam ketentuan peraturan perundang-undangan yang berlaku saat ini. Perlindungan hukum merupakan suatu hal yang penting untuk menjamin terpenuhinya hak hak hukum dari seseorang. Selain tujuan tersebut, perlindungan hukum yang diberikan guna mewujudkan kepastian hukum, kemanfaatan hukum, dan keadilan bagi para pihak. Perlindungan hukum yang diberikan dapat bersifat preventif (mencegah) atau represif (memperbaiki).  Perjanjian yang disepakati pada platform loan-based crowdfunding menimbulkan suatu hubungan Hukum antara dua pihak pembuatnya. Hubungan Hukum yaitu hubungan yang menimbulkan akibat Hukum yang dijamin oleh Hukum atau Undang-Undang. Setiap perbuatan hukum yang memunculkan akibat hukum pada platform loan-based crowdfunding harus memiliki perlindungan hukum, terlebih disaat terjadi suatu sengketa antar pihak. Forum damai atau melalui cara musyawarah belum dapat menjadi jaminan akan terselesaikannya sengketa yang ada, maka dari itu perlindungan hukum diperlukan untuk  memberi solusi dan kejelasan akan penyelesaian sengketa yang ada atau yang berpotensi terjadi pasca perjanjian disepakati.</p><p>Kata Kunci: Perlindungan Hukum, Perjanjian, Loan based crowdfunding.</p>

scholarly journals PEMBATASAN JUMLAH AKTA NOTARIS BERDASARKAN KEWAJARAN DI KOTA PADANG

2020 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Rionald Harris ◽  
Zainul Daulay ◽  
Beatrix Benni
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Research Data ◽  
Primary Data ◽  
Physical Ability ◽  
Descriptive Research ◽  
Reasonable Limit ◽  
The Law ◽  
Using Data ◽  
Legal Consequences

The Honorary Board of the Indonesian Notary Association as the organ of the Indonesian Notary Association issues a regulation regarding the Fairness of the Deed Making Certificate per Notary for 20 deeds per day. Based on pre-research, there are still many notaries who do not know about the regulation in Padang. Why a Notary is prohibited from making a deed exceeding the fairness limit, what factors becomes the reasons for a Notary in Padang to make a deed exceeding the fairness limit and the legal consequences of a deed exceeding the fairness limit will be the topic of discussion in this paper. The research method used is a type of empirical juridical research and the nature of analytical descriptive research; data collection is done by using data in the form of primary material as primary data, supported by secondary and tertiary materials. The data obtained are then processed, analyzed, and interpreted qualitatively. Compliance is a virtue that moves people to act rationally in using what is fair, it is important for Notary to be given reasonable limits on the deeds that they can make per day so that the Notary does not exceed their physical ability to make daily deeds. The Law of Notary Position does not limit the number of deeds that can be made by the Notary per day, so that there are still notaries who make the deed exceed the reasonable limits set especially Fiduciary deed in Padang. Notary Deed that exceeds the fairness limit determined by the Honorary Board of Notary will not be degraded to privately-made deed, provided that what is done by Notary in making the deed is in accordance with the Law of Notary Position. The reasonable limit of making a daily deed issued by the Indonesian Notary Association Honorary Board should be included in the Minister Law or Regulation because basically the DKP.INI 1 regulation in 2017 only binds members of the association. Had the notary been expelled from the association, it would not have had any effect on his position.

scholarly journals STATUS HUKUM ANAK LUAR KAWIN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010

2017 ◽  
Author(s):  
Ida Martinelli
Keyword(s):  
Science And Technology ◽  
Legal Protection ◽  
Constitutional Court ◽  
Biological Father ◽  
Legal Relationship ◽  
Civil Status ◽  
The Law

Decision of Constitutional Court gives the child outside the civil status married to the biological father, the purpose of which provide legal protection to children outside of mating, so that the child’s rights as a whole can be obtained. The legal relationship between the child outside of mating with her biological father must be proven with science and technology and/or other evidence according to the law have blood relations.

scholarly journals Seni Beatbox pada Nasyid Islami dalam Perspektif Hukum Islam

2020 ◽  
Vol 1 (3) ◽  
pp. 367-389
Author(s):  
Ainil Maqsurah ◽  
Kasman Bakry ◽  
Sa’adal Jannah
Keyword(s):  
Research Methods ◽  
Human Body ◽  
Research Method ◽  
Descriptive Analysis ◽  
Musical Instrument ◽  
Musical Instruments ◽  
Normative Approach ◽  
Library Research ◽  
The Law ◽  
Legal Consequences

Legal discussion about music in Islam is a forbidden matter. Although there are opinions that allow, but this opinion is weak with the arguments of the Qur'an, the traditions and ijmak of the scholars of the Salaf in their forbidden. The beatbox in Islamic nasheed is in the form of rhythmic sounds such as drum beats, musical instruments, or imitations of other sounds, especially turntables, through human speech instruments such as the mouth, tongue and lips that accompany Islamic nashid as the sounds musical instrument replacement. The purpose of this study was to determine the beatbox law in Islamic nasyid. The research method applies qualitative studies with library research methods and descriptive analysis and uses a normative approach. The results showed that the legal consequences of beatbox art were indeed discussed by the scholars, but the strongest opinion was that it was not allowed. The sounds that come from the human body and the sound resembles the sound of a musical instrument, so the law is haram, both playing it and hearing it. As for Islamic nasheed which does not contain forbidden cases, then the law may.

scholarly journals The Implementation of Musyarakah by PT Bank Aceh Branch of Banda Aceh, Indonesia

2019 ◽  
Vol 3 (1) ◽  
pp. 99
Author(s):  
Juli Andria ◽  
Darmawan Darmawan ◽  
Azhari Azhari
Keyword(s):  
Field Research ◽  
Profit Sharing ◽  
Research Data ◽  
Legal Analysis ◽  
Breach Of Contract ◽  
The Future ◽  
The Law ◽  
Legal Consequences ◽  
Banda Aceh

According to Article 19 Paragraph (1) of the Law Number 21 of 2008 concerning Sharia Banking, one of the activities of Sharia Banking is to provide financial funding based on musyarakah (profit sharing). The implementation of musyarakah by PT Bank Aceh Syariah in Banda Aceh has been covered up to 85 customers from the period of 2015 to 2017. In musyarakah contract the customers have to fulfil their obligations to pay the payments to the bank. However, the fact shows that the customers could not fulfil their obligations to pay their payments to the bank because they have income problems in running their businesses. From 2015 to 2017 there were seven customers were not well performed musyarakah. This condition has resulted in breach of contract by the customers which is known as non-performing musyarakah funding. This study aims to scrutinize legal consequences arising from non-performing musyarakah funding and identify the efforts taken in the settlement of this problem. This study is an empirical juridical research. Data required for this study were collected through field research by interviewing respondents or informants. The result shows that the legal consequences arising from this non-performing musyarakah funding were pledges or defaults by the customers because they violate the Article 12 of Musyarakah contract. The efforts taken in settling this problem among others are collecting the arrear obligations and handling non-performing musyarakah to the bank’s officer to be analysed based on legal analysis. Therefore, it is advised that the customers should fully fulfil their obligation to pay their payments to the bank based on musyarakah contract. Then, the bank officers are suggested to fully analyse the arrear obligations of the customers based on legal analysis. By doing so it could reduce non-performing musyarakah funding in the future

scholarly journals Guardian For Children Out of Marriage in Marriage (Analysis of Syafi'īyyah Fiqh and Civil law)

2020 ◽  
Vol 2 (3) ◽  
pp. 782-793
Author(s):  
Faisal ◽  
Nasrullah ◽  
Muhammad Wali al-Khalizi
Keyword(s):  
Research Method ◽  
Science And Technology ◽  
Descriptive Analysis ◽  
Civil Law ◽  
Research Library ◽  
Biological Father ◽  
Normative Approach ◽  
Library Research ◽  
Marriage Contract ◽  
The Guardian

This writing aims to explain the position guardian in marriage according to Fiqh Syafi'īyyah dan Civil Law, as well asto describe guardian for children out of wedlock according to analysis Fiqh Syafi'īyyah and Civil Law.This research includes library research (Library Research). The method used is descriptive analysis research method, the approach used is a normative approach. To assist the preparation of this research the author reads books and books related to the problems to be discussed. The results showed thatposition guardian in marriage according to Fiqh Syafi'īyyah dan Civil law is very important, meaning that at the same time it has the nature of determining the validity of a marriage contract, so that if a marriage contract is carried out by a guardian or his representative, then the marriage contract will be valid, but on the contrary if the marriage contract is not carried out by the guardian or his representative, then The marriage contract is invalid and invalid. So betweenFiqh Syafi'īyyahand Civil Law has the same view regarding position guardian in marriage. The results also show that which become guardian for children out of wedlock according to Fiqh analysis Shafi'īyyah is guardian judge, in this case is the president even though she is a woman, and state officials whose powers are delegated by the president in matters of trustees such as the Minister of Religion and his lowest officials such as the KUA. Whereas according to Civil Law analysis is the biological father of the child provided there is an acknowledgment from the mother and father and is proven by an authentic deed and can be proven based on science and technology.

scholarly journals Akibat Hukum Perjanjian Pinjam-Meminjam Uang yang Dinyatakan Batal Demi Hukum

2021 ◽  
Vol 2 (2) ◽  
pp. 367-372
Author(s):  
Ni Made Ayu Pratiwi ◽  
I Nyoman Putu Budiartha ◽  
Ni Komang Arini Styawati
Keyword(s):  
Civil Code ◽  
Conceptual Approach ◽  
Library Research ◽  
The Law ◽  
Legal Consequences ◽  
Laws And Regulations

The money lending and borrowing agreement is an agreement involving the debtor and the creditor. In this type of agreement, there is usually what is called a null and void agreement. This research uses a method based on a statutory and conceptual approach. Sources of data used are primary and secondary legal materials with library research. The technique of collecting data is by recording, quoting, summarizing and then reviewing documents in the form of laws and regulations, literature, magazines, newspapers, and other articles related to the object of research. The material is presented descriptively, namely in the form of written or oral words from the informants relating to the issues discussed so that conclusions can be explained. The purpose of this research is to find out the loan and loan agreement which is declared null and void and the legal consequences for the parties of the agreement which are null and void. The results of the analysis found that the occurrence of a null and void agreement in a money loan agreement. A null and void agreement can occur because the objective requirements stipulated in the law are not fulfilled and the legal consequences for the parties are not clearly written in the rules of the Civil Code, where in The regulation only contains the loan and loan agreement and the validity of an agreement does not discuss the sanctions for the parties in the event of a null and void agreement

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