Online Journals Publications IAIN Langsa (Institut Agama Islam Negeri Zawiyah Cot Kala Langsa)
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Religious and Cultural Diversity in Inheritance Law: A Discussion on the Impact of Judicial Will Considerations on the National Legal System in Indonesia
Get PDFThe obligatory will regulated in Article 209 of the Compilation of Islamic Law is only for adoptive parents and adopted children, there is no obligatory will for heirs of different religions. On the other hand, there is a need for legal provisions that present a solution to provide part of the inheritance to heirs who do not receive inheritance due to religious differences. The purpose of this research is to analyze the important obligatory will in terms of its necessity, as well as a study of the obligatory will in terms of the procedure or implementation of the obligatory will itself in resolving disputes in court with legal considerations that are certain, fair and beneficial. The research method uses a qualitative method with a normative juridical approach. Primary data was obtained from regulations, laws, verdict numbers: 368 K/AG/1995, 51 K/AG/1999, 16 K/AG/2010, 721 K/AG/2015, 218 K/AG/2016 and 331 K/AG/2018. Supreme Court Decision No. 331 K/AG/2018 as well as the Compilation of Islamic Law (KHI) article 209 and regulations governing mandatory wills, secondary, tertiary data obtained from library studies, books, documents, journals and so on that have the same relevance to this research. The analysis process uses a legal logic approach, which analyzes the norms and laws or regulations that apply in depth, radically, systematically, and logically. The results of this study concluded that the dynamics of religious court decisions regarding compulsory bequests for heirs of different religions vary greatly, some are granted and some are rejected, the consideration depends on the sitting of the case that is disputed in the religious court, while the granting of compulsory bequests for heirs of different religions refers to the opinion who allows it as long as it is a will and the different religion in question is not kafir dzimmi. The effect of this decision becomes jurisprudence as part of the source of law for judges at levels below the Supreme Court. The contribution of the religious court's decision on this matter is that it can become a permanent jurisprudence so that it is proposed as a new article in KHI to fill in the missing article regarding mandatory wills for heirs of different religions
Legal Discovery of Religious Court Judges in Marriage Itsbat Cases: An Effort to Reform Marriage Law in Indonesia
Get PDFMarriage as the foundation of the family has an important position in society, but problems often arise regarding marital status, especially in itsbat of marriage cases. This study aims to identify and analyze the legal findings of Bandung Religious Court judges in itsbat of marriage cases, as well as the extent to which these legal findings contribute to the reform of marriage law in Indonesia. This research uses normative legal research methods with a statute and case approach. Primary and secondary data obtained from itsbat of marriage decisions, books, and journals that have the same discussion as this research. The results showed that the Religious Court judge in deciding the itsbat of marriage case had made various efforts to provide fairer legal protection for the parties who filed the application. The resulting legal findings, such as the application of the precautionary principle in assessing evidence, considering aspects of material justice, and providing innovative solutions in complex cases, have contributed significantly to the development of marriage law in Indonesia. However, there are still some challenges that need to be overcome, such as limited access to evidence and legal uncertainty in some aspects. Therefore, further efforts need to be made to improve the regulations and mechanisms for resolving itsbat of marriage cases, so as to provide legal certainty and justice for all interested parties
The Reunion as a Catalyst for Divorce: A Case Study of the Padang Religious Court, Indonesia
Get PDFThe occurrence of reunions has been recognized as a contributing reason to the increasing divorce rates in Padang City, with evidence of infidelity frequently associated with these gatherings. This paper examines the research gap about the function of reunions in divorce proceedings within the Religious Court jurisdiction of Padang City. The main aim is to investigate the impact of Islamic legal principles on divorce cases prompted by considerations connected to reunion. The study use a descriptive qualitative methodology to collect empirical data from real-world examples for comprehensive examination. This research distinctly emphasizes the convergence of social activities, such reunions, with legal and theological contexts, providing innovative insights into their role in marital strife. The results suggest that reunions may serve as a catalyst for marital breakdown, especially when preexisting relational difficulties are present. Court proceedings frequently exhibit elevated emotional tension, with judges and legal practitioners crucially responsible for upholding civility. Mediation efforts are often impeded by mistrust arising from reunion situations. Nonetheless, the application of Islamic law principles, including the prevention of harm and the promotion of justice, provides fair resolutions for both parties while striving to uphold the sanctity of marriage when possible. This research enhances the debate by recognizing reunions as a distinct and consequential social catalyst in divorce cases and suggesting Islamic legal strategies to alleviate their effects. These findings offer a novel viewpoint for policymakers and legal professionals to tackle rising issues in family law
An Empirical Study of Islamic Law on the Causes of Immoral Crimes Among Adolescents
Get PDFFrom the perspective of Islamic law, adolescents in the Islamic sharia region (Aceh) should ideally be guided by strong moral and ethical values. Intensive religious education, a harmonious family environment, and a supportive community are the main foundations in the formation of adolescent character. Adolescents who grow up in an environment that emphasizes the importance of prayer, fasting, zakat, and other virtuous values are expected to be able to avoid deviant behavior and criminal acts. However, the situation in Karang Baru, Aceh Tamiang shows a different picture. Many teenagers in this area fall into immoral crimes, both consensual and coercive such as molestation and rape. This article is classified as a literature research with a qualitative approach. The methodology used is normative legal studies and phenomenological studies. The results of the study concluded that the causes of immoral acts are multifactorial and interrelated. Low education and difficult economic conditions are significant factors, exacerbated by an unsupportive environment and easy access to alcohol and unfiltered technology
Progressiveness of Sharia Insurance as A Component of The Islamic Non-Bank Financial Industry in Indonesia
Get PDFThe condition of sharia insurance in Indonesia shows limited development; it ranked fourth and only rose one rank from 2019 as the country with the highest number of operators in the world. The market share of sharia insurance, when compared to conventional insurance, reached 6% at the end of 2020. This study aims to analyze the development of sharia insurance in Indonesia through statistical data analysis of sharia insurance financial performance during the 2018–2022 period. This article is classified as literature research with a qualitative approach. The methodology used is a content analysis study. The results found that sharia insurance in Indonesia experienced asset growth of 3.53%, total gross contribution year-on-year of 16.38%, and continued to record investment results in the 2018–2022 range. The growth was dominated by the capital market sector and the banking sector, which experienced an increase
Peran Dosen Wanita dalam Membina Keluarga Sakinah; Perspektif Maslahah Mursalah
Get PDFThis article explains the role of female lecturers at STAIM Probolinggo in fostering sakinah families. This article belongs to field research with an empirical-sociological approach. The methodologies used are qualitative methods and analytical descriptive studies. The results concluded that a career woman is an individual who combines professional dedication and personal aspirations. Career women are examples of women who can achieve success as lecturers and do not override their obligations as housewives. Female lecturers complete work on campus. So that time at home is indeed for family. That's how it's done to maintain household harmony. When viewed from the perspective of maslahah mursalah, career women are included in the category of al-Mashlahah at-Tahsiniyyah, which can increase family economic income. In addition, by entering the world of education, existing knowledge can be more blessed and useful
Merebut Tafsiran Otoritatif Keagamaan; Perdebatan dan Kontroversi Prosesi Hukuman Ta'zir Cambuk di Lapas Aceh
Get PDFThis article discusses the debates and controversies surrounding the authoritative interpretation of Sharia law regarding the caning punishment process in correctional facilities (prisons) in Aceh, which was previously conducted in open fields. The debate emerged and took place across various media platforms, including social media, following the issuance of the Aceh Governor's Regulation in 2018 concerning the relocation of the punishment process. The discussion extended to deliberating the most legitimate interpretation regarding the necessity for the caning punishment to be witnessed by a group of believers; the selection of the location where the punishment is carried out; and the intent and purpose of the caning punishment itself to be witnessed by the public, as explicitly stated in Q.S. An-Nur: 2. Using literature study as the research method, this article concludes that there has been a shift in religious interpretation towards authoritarianism by considering and asserting certain interpretations as authoritative and "supposedly" in accordance with Sharia, as intended by the implementation of the caning punishment during the formalization of Sharia law in Aceh
Rajah dan Spiritualitas Lokal dalam Hukum Islam; Studi Analisis Tafsir Hermeneutik
Get PDFThis study examines the integration of rajah (spiritual chants or incantations) and local spirituality within the context of Islamic law through a hermeneutic interpretative analysis. The research explores how local spiritual practices, particularly the use of rajah, coexist and interact with the principles of Islamic jurisprudence. By employing a hermeneutic approach, the study aims to uncover the deeper meanings and implications of rajah in relation to the spiritual and legal frameworks of Islam. It investigates the cultural and historical significance of rajah, its acceptance and adaptation within various Islamic communities, and the interpretative challenges it presents. The findings reveal a complex interplay between local traditions and Islamic legal thought, highlighting the dynamic nature of religious interpretation and the need for contextual understanding in the application of Islamic law. This study contributes to a broader comprehension of how local spiritual practices can be harmonized with Islamic jurisprudence, offering insights into the evolving relationship between tradition and religion
Disputes Over the Number of Votes in the Simangambat Village Head Election from the Perspective of Siyasah Qadhaiyah
Get PDFThe village head election in Simangambat has sparked a dispute over the number of votes that has attracted the attention of the community, authorities and legal experts. The conflict reflects the challenges of local democracy, which is often characterized by dissatisfaction and conflict. This research explores the complexity of the dispute through the perspective of Siyasah Qadhaiyah, an Islamic legal framework that emphasizes justice, benefit and peaceful conflict resolution. Using a descriptive-analytical qualitative approach, data was collected through in-depth interviews, direct observation, and analysis of official documents, taking into account the local social and cultural context. The results show that the application of Siyasah Qadhaiyah principles can provide a fair and effective solution in resolving disputes in Simangambat. The principle of deliberation allows all parties to express their views openly and reach a mutually acceptable agreement, reduce tension, and prevent conflict escalation, creating an atmosphere conducive to peaceful resolution. The findings of this research not only enrich the legal literature on village head elections, but also offer a model of harmonious and sustainable dispute resolution. This model can be adopted by other villages facing similar situations, increasing public trust in the election process and village governance. This research opens new avenues for the application of Siyasah Qadhaiyah in local governance, potentially making a significant contribution to the development of legal systems and democracy at the village level in Indonesia
Syntax Struggles: A Case Study of English as Second Language Acquisition in a 6-Year-Old Child
No full textThis study investigates the second language acquisition of Alesha, a 6-year-old girl. Despite mastering her mother tongue, Indonesian, Alesha has been exposed to English since a young age through interactions with her parents and media. The study focuses on Alesha's ability of her second language in daily contexts, particularly in interactions with her mother. Employing a qualitative descriptive approach, the research aims to comprehend phenomena by providing detailed descriptions and interpreting their meanings, without using numbers or statistics. Data collection involves interviews, where conversations between the mother and child are recorded, with the researcher noting relevant information. Findings reveal that although Alesha can communicate in English, there are syntactic constraints evident in her sentence patterns, particularly regarding the use of auxiliary verbs and distinguishing between plural and singular nouns. These findings align with observations that Alesha's exposure to her second language is inconsistent. The article highlights the importance of consistency in second language learning patterns for children, whether through parental involvement or media exposure. Research on Alesha is beneficial for parents, language educators, and researchers in understanding children's language development and designing more effective teaching stategies. Furthermore, those interested in researching the same topic are advised to conduct a research with subjects of the same age as Alesha, as well as analysis with other related variables, for a better understanding of second language acquisition in 6-year-old children