KESAKSIAN DALAM PERSPEKTIF HUKUM ISLAM

Tulisan ini mendeskripsikan seputar kesaksian dalam perspektif hukum Islam, disini yang menjadi fokus pembahasan dalam tulisan ini adalah mengenai seluk beluk kesaksian dalam kacamata hukum Islam tentang bagaimana hukum Islam mengatur seputar kesaksian dan apa perbedaan hukum Islam dengan hukum lainnya dalam mengatur kesaksian. Untuk menjawab permaslahan ini, penulis menggunakan metode studi pustaka dengan menelusuri literatur-literatur yang membahas mengenai kesaksian terutama kitab-kitab fikih klasik.Temuan dalam penelusuran itu, bahwa hukum Islam memiliki persamaan dan perbedaan di bidang kesaksian. Salah satu perbedaan itu bahwa di dalam hukum Islam memberikan syarat terhadap orang saksi haruslah adil. Maksud adil di sini tidak hanya bermakna menyampaikan apa adanya tanpa menambah-nambahi atau mengurang-ngurangi tetapi termasuk menjadi insan yang taat kepada Allah SWT, maka orang yang sering melakukan dosa dianggap tidak adil sehingga tidak dibolehkan menjadi saksi.

PERJANJIAN PERKAWINAN; ASAS KESEIMBANGAN DALAM PERKAWINAN

A marriage agreement is an agreement between a prospective husband and wife to regulate matters that are mutually agreed upon especially regarding assets in their marriage, provided that they do not conflict with law, decency and public order, and pay attention to general rules relating to the prohibition of the contents of the marriage agreement. This is in accordance with the principle of balance that we can find in the legislation.

EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.

SEJARAH TRANSPORMASI SYARIAT ISLAM KEDALAM HUKUM NASIONAL

This paper outlines the phases after the Islamic law in Indonesia, so in this paper the focus of the main problem is how to transform Islamic law into positive law in Indonesia. To answer this main issue, it will be divided into sub-headings about the period of acceptance of Islamic law in Indonesia, the bleak period of Islamic law in Indonesia, and the period of enlightenment of Islamic law to make part of the main alternatives in national law. In order to answer this main problem, the author uses the method of literature study by tracing classic books and books as well as other references relating to the history of Islamic law reformation in Indonesia.This paper outlines the phases after the Islamic law in Indonesia, so in this paper the focus of the main problem is how to transform Islamic law into positive law in Indonesia. To answer this main issue, it will be divided into sub-headings about the period of acceptance of Islamic law in Indonesia, the bleak period of Islamic law in Indonesia, and the period of enlightenment of Islamic law to make part of the main alternatives in national law. In order to answer this main problem, the author uses the method of literature study by tracing classic books and books as well as other references relating to the history of Islamic law reformation in Indonesia.

TINDAK KEJAHATAN CYBER CRIME DALAM PERSPEKTIF FIKIH JINAYAH

Technological progress is an inevitable growth along with the progress of human civilization to make humans integrate without space and time limit in cyberspace, but this technological progress is boarded by people who are not responsible for committing crimes in cyberspace termed cyber crime, then this paper tries to discuss cyber crime from the perspective of Jurisprudence. The main problem in this article is how the jurisprudence perspective of cyber crime, from here the authors formulate a sub-issue namely how the terminology of cyber crime according to jurisprudence jinayah. The method used in this article is descriptive qualitative, sourced from fiqh books and books related to the topics discussed in this article with the method of collecting data using literature studies.The author's findings in this article, that the current form of cyber crime is not spared from jinayah fiqh studies because even though cyber crime is a new crime model, but it has similarities with the cases discussed in jurisprudence, one of the cyber crime crimes is hacking (stealing data) or breaking into an ATM is the same as Syariqah (stealing) only that distinguishes it is the way to do it, so if Syariqah is done in the real world while cyber crime is done in cyberspace. For more details, please look at the next discussion.

WANITA KARIR DALAM PERSPEKTIF HUKUM ISLAM

This paper describes about women who work outside the home, known as career women, as the main focus of the problem in this paper is how is the view of Islamic law towards career women. So to answer this problem the authors use the literature study method by tracing the opinions of scholars about career women from various literatures.The findings, that in Islam some scholars allow women to work outside the home to become career women, namely women who are able to manage their lives to achieve success, both in professional life (work in the office) and in fostering their households.

MENGINTIP KEBERADAAN ANAK DALAM AL-QUR’AN

The child in the al-Qur’an contain two meanings, namely the child who are inter preted biologically and ideologically the child in the biologicall sense are position as the childcaused by birth, nasab or here ditary factors. The child in the ideologicall sense are position as the child caused by ties of value ties, such as whomanitarian valves, devotion, inner bonds and similarity of view

ANALISIS PEMBATALAN AYAT AL-QUR’AN DALAM SURAT AL-NISĀ’

Even though the existence of naskh and mansūkh has always been the subject of debate among scholars, especially the understanding of one verse of the Qur'an was abolished by another verse, where Allah SWT abolished His own decree. Moving on from the pros and cons of dialectics, the writer tries to see the existence of naskh and mansukh in the Qur'an. The focus of this article is about texts and mansuk contained in surah al-Nash by using literature studies through literature-literature that discusses texts and mansukh especially in surah al-Nisa '.The author's findings, that in surah an-Nisa 'there are many verses that naskh and mansukh reach twenty-four verses, namely in verses 6, 7, 8, 9, 10, 15, 16, 17, 22, 23, 24 , 29, 33, 42, 63, 64, 71, 80, 81, 84, 90, 91, 92 and 145.

Keringanan Dalam Hukum Islam

Do Muslims have relief in implementing Islamic law? answer, he, that is rukhshah. Rukhsah is the religiousness given by the Shari'a to a Muslim who fulfills his terms and conditions. For example, when a person on a trip he is entitled to the reliefs that have been given by Shara ', including praying or calling' prayers, breaking the fast during the day of Ramadan, sweeping khuf for three days, performing sunnah prayers on a vehicle, leaving Friday prayers 'at, eat the carcass when it is in dharurat.

Antara Hukum Islam dan Adat; Sistem Baru Pembagian Harta Warisan

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.