Pertimbangan Putusan Hakim Perkara Harta Bersama di Pengadilan Agama Tembilahan

This research was motivated by the decision of the Tembilahan Religious Court judges who decided the joint property case in which the judge decided the Plaintiff (husband) got 1/4 while the Defendant (wife) got 3/4 of the shared property. However, Article 97 in the Compilation of Islamic Law states that: "Widows or widowers are each entitled to half of the joint property as long as it is not stipulated otherwise in the marriage agreement." This research is in the form of library research using case No.0233/Pdt.G/2018/PA.Tbh, as the primary reference, while the secondary material in this paper consists of laws and regulations related to the object of the research decision No. 0233/Pdt.G/2018/PA.Tbh as well as books, journals, scientific works related to the object of research. The author's data collection technique uses interview techniques and study documents or library materials. The results of the verdict research are in accordance with the judge in deciding the case based on Legal Certainty (legal certainty) and Legal Justice (legal justice), legal certainty is what has been outlined by the laws and regulations, Compilation of Islamic Law, like this case according to legal certainty then the distribution it is the wife gets 1/2 and the husband also gets 1/2 then if only this which is applied rigidly in the case will reduce the values of justice itself, thus the judge in determining the joint property case uses Legal Justice.

Sige Tareik Nafah

There is a phenomenon that occurs in Langsa City regarding the understanding of some Imum Gampong (Village Imams) and some community leaders who argue that in the pronunciation of the ijab-qabul lafadz spoken by the bride's guardian or by the prospective groom, it must be sige tareik nafah. This sige tareik nafah, as said by Tengku imum gampong (village priest), is very burdensome for the prospective groom or guardian, because in addition to the long sentences, nervousness becomes an obstacle and interferes with concentration in pronouncing consent, so many feel afraid before the implementation of the marriage contract, such rules or customs seem too excessive. This article uses the sociology of law theory. The results of the study show that the scholars of Langsa City in this matter are a habit or custom that develops in society, so that the gampong priests understand it as a legal stipulation, then in pronouncing the ijab-qabul it must be with sige tareik nafah, otherwise the marriage is invalid. . Then this sige tareik nafah is an addition to the understanding of the village priest about the prohibition of fashl in pronouncing the ijab-qabul and the qabul-qabul must be in one assembly.

Faktor Perceraian Suami Perantau Dalam Perspektif Hukum Keluarga

In Islam divorce is something that is not prohibited but is an act that is hated by Allah SWT. In Islam itself, the law of divorce is makhruh. Especially in the Sawit Seberang community, divorce has occurred a lot, especially for migrant workers, so that a divorce that occurs in the community is no longer an unusual thing, because there are many factors that trigger divorce in the household. The purpose of this study is to find out what is the biggest factor that triggers so many divorce cases among the community, especially the Sawit Seberang community from among the husbands of immigrants. This research method uses qualitative research methods (field research). The primary data sources were obtained through observation and interviews with the community and the parties concerned who clearly knew about the divorce case. based on the results of research that has been carried out by the author, the author concludes that the dominant factor in the occurrence of divorce among nomad husbands in Sawit Seberang District is the infidelity factor. It can be concluded that the existence of a third party is something that is very influential in household resilience, and this often happens, especially in the Sawit Seberang community.

Budaya dan Sistem Kekeluargaan Etnis Aneuk Jamee: Studi Kasus di Aceh Selatan

Aceh, which is dominated by the Aceh Rayeuk tribe, has a treasure of various ethnicities and tribes such as the Aceh Tribe, Tamiang Tribe, Gayo Tribe, Alas Tribe, Kluet Tribe, Julu Tribe, Pakpak Tribe and Aneuk Jamee Tribe. The various ethnic groups above show that Aceh is a province rich in culture and various authentic local wisdoms. The Aneuk Jamee tribe is an acculturation of the Acehnese and Minangkabau tribes, both of which seem to have merged into one individual to produce a new ethnicity. This ethnicity later developed in South Aceh and influenced various aspects of culture and the family system in it. This research is classified as field research with a qualitative approach. The methodology used is phenomenology which is supported by historical literacy in the South Aceh region where the Aneuk Jamee ethnicity is the most dominant. Informants in this study consisted of primary and secondary sources, the primary sources were individuals or native Aneuk Jamee selected by random sampling. The secondary sources are informants who are not native to Aneuk Jamee but have insight and knowledge regarding the history and customs of Aneuk Jamee. The results of the study concluded that the Aneuk Jamee community has similarities with the system in the Minangkabau community in West Sumatra, namely adopting a hereditary system from the mother's side or commonly referred to as Matrilineal. Even though there has been Islamization in Aceh where the father is a descendant of the lineage, the matrilineal system is still evident in kinship (household) matters. All matters that will be carried out in a household must be discussed in advance with the ninik mamak (mother's brother). Prior to the consultation with the ninik mamak, news about the event should not be heard by the public.

Birokratisasi Pernikahan

Marriage outside the KUA becomes polemic in itself when the culture that is considered alms by the community is different from the state's point of view. The wedding procession is a value in itself for the community so that the wedding procession is sometimes accompanied by customs and traditions so that the sacredness in marriage is seen and can be felt. This paper is an empirical study with a sociological approach. This approach is carried out to see and analyze the legal, cultural and social aspects of the practice of marriage processions carried out by the people of Malang City. This paper argues that the majority of residents prefer to hold a marriage contract outside the KUA. This is influenced by several factors, first; the sacred factor; Second, the ease of implementation factor; third, elements of customs and culture; fourth, avoiding bad prejudice from the community, so that many residents prefer to carry out the marriage contract outside the KUA rather than at the KUA.

Peran Dakwah Dalam Keluarga Dan Relevansinya Bagi Pembentukan Karakter Anak

The family is the main person in charge of preaching to shape the character of children to become children who have religious and cultural norms. In research using the library research method (literature) by taking sources from books, journals, and other scientific papers tThe family is the main person in charge of preaching to shape the character of children to become children who have religious and cultural norms. In research using the library research method (literature) by taking sources from books, journals, and other scientific papers that support this research. The research aims to find Islamic law and views on da'wah to the family. The results showed that: Da'wah shapes the character of the child in the family into a priority and obligation for Islam, according to the word of Allah SWT in the Al-Qur'an, Surat Lukaman verse, 13. Then Q.S. Lukman verse 17. And Q.S Lukman verse 18. Furthermore, in Q.S: At-Tahrim. Allah commands humans to protect themselves and their children from the fires of hell. In the history of Islam before Rasulullah SWA broadcast the messages of Islam to the wider community, he preached to his family and close relatives. From this story, a reference to da'wah can be drawn to the family to educate children to become believers, obedient to worship and become children with noble character.

Fenomena dan Faktor Perkawinan Semarga

Traditionally, there are 3 (three) Batak marriage systems, namely; exogamy, endogamy, and electrograms. Based on these three types, clan marriage is a marriage that is prohibited in Batak customs and culture. Semarga is a condition where one individual and another individual has a blood lineage through the father's line. Family marriages carried out by the Batak Mandailing migrant community in Yogyakarta experienced a shift in meaning from the traditional Batak culture, from an exogamous marriage system to an eleutherogamous marriage system that does not recognize any prohibitions as is the case in the exogamous or endogamous marriage system. The article is field research with a qualitative approach. The method of data collection was carried out by field observations and conducting interviews with informants. The primary sources in this paper are the Mandailing Batak people who marry within the same clan. In addition, interview data were also obtained for traditional leaders, religious leaders, intellectuals, and the surrounding community. The results of the study concluded; Factors that affect clan marriages in the Batak Mandailing migrant community are due to love factors, religious factors, economic factors, educational factors, and cultural factors. Family marriages in the Batak Mandailing migrant community are carried out because the migrant Batak Mandailing community does not believe in taboo things that are local wisdom.

Istri Bergaji: Analisis Peran Wanita Bekerja Dalam Meningkatkan Ekonomi Keluarga

The Cases in this paper include what are the causes of wives having to work outside as housewives? And what is the position of wives in running as housewives and their position as workers in order to improve the family economy? The purpose of writing this paper is to find out the causes of wives working outside other than as housewives and also as working mothers. This writing uses a qualitative descriptive method. The Information collection method used in this paper is observation, interviews, and data analysis using two data, namely primary and secondary data. The result of this paper indicates that some of the causes of wives having to work outside, among others, are the desire to increase family income, the desire to help husband because the wife’s income tends to below, and apply the knowledge gained during education in the world of work. The role of the wife in this paper looks very influential in improving the family economy. Because a working wife can fill meaningful sectors in the family. These include education, health, economic and social zones. In addition, with the work of the wife, the position of the wife automatically becomes double, namely as a housewife and a working mother.

Hukum Keluarga Islam Di Brunei Darussalam

This article tries to explain how to reform the field of Islamic family law in Brunei Darussalam while at the same time describing the background and product of family law reform itself. The data used in this study is a qualitative study, then the method used is descriptive-analytical. With conclusions that include, first, family law is a law that has provisions on the territory of family members within the scope of the household which includes certain fields such as marriage, descent, maintenance, hadhanah, guardianship, and inheritance. Second, the background of the birth of Islamic law reform that occurred in this era was caused, among other things, to fill the legal vacuum because the norms contained in the fiqh books did not regulate it, while the legal needs of society continued to grow, the influence of economic globalization and science and technology, the influence of reforms. in various fields that provide opportunities for Islamic law to become a reference in national law, the influence of reforming Islamic legal thought, both by foreign Islamic law experts and national Islamic law experts, especially regarding the development of science and technology as well as gender issues and thirdly, the product of family law reform in Brunei Darussalam is divided into two scopes, namely munakahat and Mawaris, where part of the munakahat itself includes, Marriage Registration, Minimum Age Restriction for Marriage, Role of Marriage Guardian, Polygamy, Divorce, Khulu', Rujuk. Whereas in Mawaris it includes mandatory wills.

Penyelesaian Pembagian Warisan Di Kecamatan Simpang Ulim Dalam Perspektif Hukum Islam dan Hukum Adat

In Acehnese society, the implementation of inheritance law is influenced by customary law living in the community, the heirs are in accordance with what has been stipulated in faraid law, but in the distribution of wealth sometimes it does not follow faraid law, but according to mutual agreement. Determination of inheritance in the Acehnese community in Simpang Ulim District, whose majority Muslim community, in terms of handling inheritance more depends on the heirs, this method is called the familial way and can run well without conflict, for example, the parties agree to divide the number of the expert's assets. the inheritance for boys is equal to that given to girls. This research is a field study with a qualitative approach. The primary sources in this study were informants from the Simpang Ulim Community whose data were taken by random sampling. The results of the study concluded two things; First, the mechanism for implementing the distribution of the inheritance of the Acehnese people in Simpang Ulim District is carried out in two ways, firstly by purely Islamic law, and by means of kinship (custom). The reason for the implementation of the family system is because the majority of people do not understand the law of inheritance in totality in Islam. Second, the application of Islamic inheritance law to the implementation of inheritance law in the Acehnese people in Simpang Ulim District is complementary and side by side with customary law. On this occasion, the heirs will ask for guidance from religious leaders by kinship consensus.