legal consideration
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2022 ◽  
pp. 157-170
Author(s):  
Ahmed Ammar ◽  
Stephen Honeybul ◽  
Cameron Stewart ◽  
Alejandra Rabadȧn ◽  
Marike Broekkman
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2021 ◽  
Vol 3 (2) ◽  
pp. 237-257
Author(s):  
Nugroho Noto Diharjo

Abstract: The Child adoption application for Moslem applicants and Moslem adopted children potential are legal by the State court and the religion court in pratice, for this reason this matter causes the competency dualism in accepting, examining, and assigning that child adoption application. in the Mojokerto state court Decicion No.04/Pdt P/2012//PN Mkt, the Purwokerto faith courtroom Desicion No.a hundred thirty/Pdt P/2014/PA Pwt. the ones fourt courtsstate that they are legal to accept, examine and assign the adoption of children. according to the research, by way of yuridis normative approch sesult of the child adoption application proposed by means of Moslem applicants, both in the religion court and trough the state court have the authority to just accept, have a look at, grant, and assign the child adoption application, but with different legal consideration. inside the state court decision, the judicial legal consideration refers back to the common legislation law such as the child Protrction laws, the population Administrations law, the Goverment Ordinance, and the supreme court circular, however, the religious court in based on the Islamic law compilation. The legal consequences caused by child adoption decision carried out inside the state court, the adopted kids have inheritance rights from the adoptive mother and father, at the same time as in the religious Courts, the adoyed children do not server ties with the biological parents. consequently the adopted children do not inherit property from the adoptive mother and father.


2021 ◽  
Vol 12 (2) ◽  
pp. 208
Author(s):  
Futry Rachmadewi Ilyas

This paper’s aim is to analyze the legal consideration of Kendal District court on the stipulation of the adopted child for Muslim after the enactment of Law No. 50 of 2009 concerning the religious courts with the focus on the ratio decidendi of the decision of Kendal District Court  Number: 27/pdt.p/2011/ PN. Kdl. Utilizing juridical normative work, this paper argues that the court stipulated adopted Muslim child after the enactment of Religious Court (PA) act as the judges only took serious consideration to the adoption motives and paid less attention to the religion of the child. The decision, therefore, does not meet to the principle of the best interest of the child where religion is a fundamental.Artikel ini membahas tentang ratio desidendi atau alasan hukum yang digunakan oleh hakim Pengadilan Negeri (PN) Kendal dalam membuat penetapan pengangkatan anak dalam perkara No. 27/pdt.p/2011/PN.kdl. Penetapan ini berkaitan dengan pengajuan penetapan pengangkatan anak yang diajukan oleh pasangan suami isteri Muslim. Dengan menggunakan perspektif yuridis, artikel ini berargumen bahwa dalam membuat penetapan ini, hakim hanya mempertimbangkan motif dan tujuan dibalik pengangkatan anak yang dilakukan, tanpa mempertimbangkan faktor agama sebagai alasan dalam penetapan. Dari perspektif hukum, penetapan ini tidak sesuai dengan prinsip pengangkatan anak yang menekankan pada kepentingan terbaik anak.


2020 ◽  
Vol 5 (2) ◽  
pp. 369
Author(s):  
Inca Nadya Damopolii ◽  
R. Imam Rahmat Sjafi’i

This study aimed to analyze the force of private testament proofing and the judge's consideration in the Bitung District Court Decision Number 43 / Pdt.G / 2015 / PN.Bit. about sale without any written evidence. The study used a normative research method with a statutory approach and a case approach. The results showed the power of private testament regarding the Bitung District Court Decision Number 43 / Pdt.G / 2015 / PN.Bit. is strong, judging from the power of physical evidence, the power of formal evidence, and the power of material evidence. However, the sale carried out between the plaintiff and the defendant which was not in the presence of the Land Deed Official had weak legal force because it was not in accordance with the prevailing laws and regulations. In their legal considerations, judges used the principle of sale customary law only, namely light and cash, and witness testimony de auditu as evidence. This legal consideration was deemed inappropriate because it was against the Basic Agrarian Law and in general the witness testimony de auditu was rejected as evidence.


Author(s):  
Mohamad Asep

This article critically examines the implementation of the concept of maqāṣid in the construction of the Nahdlatul Ulama’s (NU) fiqh of disability. It purposes to intellectually confirm whether the mode of Islamic legal interpretation (ijtihād) of the construction has been influenced by the horizon of the thought of maqāṣidi (the higher objective of Islamic law) or has not. This confirmation is essential, since it seems that the fiqh of disability produced by Lembaga Bahtsul Masail NU/LBMNU (the Islamic legal body) is humanistic and egalitarian. However, are both inclinations the result of intellectual elaborations within the circle of NU Muslim jurists (‘ulama’) – those who have taken a position on the side of maqāṣid legal consideration? Engaging closely with this issue, this article claims that there is no study that specifically examining the maqāṣid al-sharī’ah in the NU’s fiqh of disability. This article arguably asserts that the NU’s fiqh of disability has been enlightened by the maqāṣidi perspective and it is highly likely consistent in considering the virtue of maṣlaḥah (the public good) as the ultimate goal of maqāṣid, especially for disabled people. This consistency can be identified from the NU’s fatwas (Islamic legal opinions).


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