Qiyas : Jurnal Hukum Islam dan Peradilan
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EFEKTIFITAS KEBIJAKAN KURSUS CALON PENGANTIN DALAM PENGUATAN KELUARGA MUDA (Studi Pada Kantor Urusan Agama Kecamatan Ratu Samban Kota Bengkulu)
No full textThe study concluded that: first, the policy taken by the head of the KUA Kecamatan Ratu Samban suscatin services was related to schedule the execution of suscatin, providing a free service to any of the participants suscatin, implement the suscatin for 2 hours with priority material pertaining to marriage and households only. Second, the implementation of suscatin in KUA Kecamatan Ratu Samban held as much as 2 times in a week, namely on Thursday. Participants who follow suscatin at KUA Kecamatan Ratu Samban average each week 2 – 3 couples or 8 – 12 pairs per month. The material provided among others the procedures for marriage, wedding, Fiqh rules on marriage and the family, the rights and obligations of husband and wife and family concepts of sakinah is given by using the method of lecture and question and answer. The bride gives a varied response associated with the Government’s policy to hold suscatin to every bride. Third, the evaluation of the implementation of the suscatin in the Subdistrict of Ratu Samban KUA is already well underway in accordance with the tasks and functions primarily in the service of marriage guidance to society. Implementation of the suscatin Sub-district office KUA Ratu Samban quite effective and successful in adding to the knowledge and insight of the bride that will foster household. Suscatin be a posi- tive effort in provide knowledge to the prospective bride and groom. This is an attempt to prevent early on things which can disrupt home life in order not to divorce occur
PELAKSANAAN PERNIKAHAN DI BALAI NIKAH PASCA BERLAKUNYA PERATURAN PEMERINTAH NOMOR 19 TAHUN 2015 TENTANG PENERIMAAN NEGARA BUKAN PAJAK (Studi di Kantor Urusan Agama Kecamatan Ratu Agung Kota Bengkulu)
No full textThis study discusses the implementation of the determination of Integrated Marriage of The formulation of this re- search are: Firstly, how is the society’s response to the enactment of Government Regulation No. 19 of 2015 on Non-Tax State Revenue in the Ministry of Religious Affairs? Second, what factors cause the community to carry out marriage in the Central Marriage on KUA Kecamatan Ratu Agung?The type of this research is descriptive research with sociological juridical approach. Data collection using interview technique, observation, documentation. This study concludes that: Firstly, the public welcomes a positive response to the enactment of Government Regulation No. 19 of 2015. The regulation is considered as the government’s new breakthrough to discipline the marriage cost so as to minimize illegal levies. In addition, people with limited economic abil- ity who want to get married is greatly helped by the existence of this provision. If previously the cost of marriage is felt by them is quite high, with this provision they can perform the marriage for free with the condition must be implemented in the Office of Religious Affairs and at work hours. Of course this gets a positive response from the community, because it is very helpful espe- cially for the middle to lower society. Secondly, the factors that cause the community to carry out marriage in the marriage hall at the Office of Religious Affairs of Ratu Agung District are economic factors and work permits. In general, informants stated that getting married in the Office of Religious Affairs without cost so as to ease the financial burden. In addition, the informant was married in the Office of Religious Affairs of Ratu Agung Sub-district due to the reason of the work permit which was not lon
ANALISIS TERHADAP PERTIMBANGAN HAKIM DALAM MEMUTUSKAN PERKARA PERCERAIAN KARENA NUSYUZ ISTERI (Studi Kasus pada Putusan Perkara Nomor 0391/Pdt.G/2014/PA.Bn dan 8/Pdt.G/2015/PTA Bn)
No full textThe considerations of the Panel of Judges in the first instance of the courts (High Religious Court of Bengkulu) are: 1) Frequent quarrels and quarrels between husband and wife are not solely due to the mistakes of the wife, but also because there is no mutual understanding between the two parties. 2) The evidence submitted in the form of photographs and statements of witnesses is not sufficient to prove the behavior of nusyuz of the wife because it is not equipped with other supporting evidence.3) Criminal acts of corruption committed by the wife can not be used as the basis of the assessment that the concerned has acted and behave nusyuz, not directly related to the rights and duties between husband and wife in household affairs. 4) The wife likes to indebted to a third party without the knowledge of her husband can not necessarily be the legal basis that the concerned has acted nushyuz. Because there is only one evidence that explicitly indicates that the concerned has paid off the wife’s debts, while other evidence shows the wife who has paid off its own debts. 5) The occurrence of separation of residence between husband and wife is not because the wife has left the place of residence without the applicant’s / appealed permission, but the separation of the applicant’s / appellate residence has surrendered his wife to his parents in a kinship and good manner. 6) During the sepa- ration of the house because of repatriation to the home of her parents, the wife remains obedient to the wishes of the applicant/ comparable is to remain settled in the home of his parents. 7) The wife as the plaintiff of reconvention is not proven to act and behave nusyuz as the opinion of the court of first instance. So that he remains legally entitled to get the rights as a devout wife to the husband. 8) During the separation of the husband’s dwelling only performs the obligation as a father to his childre.that is transfer to the savings account of his children. Second, in terms of the jurisprudenc
TALAK TIGA DI LUAR PENGADILAN PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF BAGI PEGAWAI NEGERI SIPIL (Studi Analisis Putusan Pengadilan Agama ArgamakmurNomor 0207/Pdt.G/2015/PA.AGM)
No full textIn the case number 0207 / Pdt.G / 2015 / PA.AGM, it is known that a husband who has a government employees status has directly uttered Talak 3 to his wife, after that, he applied for divorce to the religious court Argamakmur without attach- ing permission of divorce from superiors. Furthermore, reading the verdict of the judges of the Argamakmur Religious Court who granted the petition for divorce of the Petitioner, but did not include the fact that the Petitioner had dropped Talak 3 to his wife before the husband applied for divorce to the Religious Court and did not attach the divorce permit from his superior. While it is clear that there is a legal difference between the Talak 1 and the Talak 3. In addition, the absence of a divorce permit from the competent authority will result in the Petitioner being punished with severe discipline based on the discipline regula- tions of civil servants. Based on the above background, this research reveals two issues, namely first how is the legal power of Talak 3 appellation according to Islamic law and positive law. Second, what is the benefit of divorce certificate for government employees who filed for divorce in Religious Court? This type of research is normative juridical research or library research which is then described descriptively. The results of this study conclude that the legal power of Talak 3 appellation outside the courts according to Islamic law is valid. Because in Islamic law (the Qur’an and hadith) no one arranges if divorce should be pronounced in court. Even Talak does not need a witness when the husband said it; Talak also can be spoken by husband and firmly or with satire language. But the cancellation of divorce cannot be done as well as Talak 3 without going through Talak1 and Talak 2. Whereas according to Law Number 1 Year 1974, the appellation of divorce must be done in front of the court, otherwise the divorce is not legally recognized by the state. And among the husband and wife are still legally bound state even though according to Islamic law is not husband and wife anymore. While divorce permits from government employees superi- ors only can be used by the government employees who seek divorce to a religious court. The benefit of the divorce permits for the government employees is to avoid disciplinary punishment in accordance with applicable provisions. Then if the divorce request has not been submitted to a religious court, then the government employees concerned may be strived for peace by the team or direct superior, so the process of divorce proceedings is not necessary, this means saving time and money. If the divorce proceedings continue, the divorce papers can be useful as a basis for judicial consideration in the judgment, as the divorce papers are the result of a team’s recommendation that examines the reasons for divorce to obtain a divorce certificate for the government employee
HIBAH ORANG TUA KEPADA ANAK MENURUT PERSFEKTIF HUKUM PERDATA DAN HUKUM ISLAM PADA MASYARAKAT DI KELURAHAN BETUNGAN KOTA BENGKULU
No full textThis research raises the problem about the implementation of parent grants to children between justice and equity in urban village of Bengkulu. This research method using qualitative research method. The results of this study concluded that the implementation of parental grants to children in the perspective of civil law in the community in Betungan Village Bengkulu City has implemented a grant in accordance with article 1667 contained in the Book of Civil Law, an agreement, with which a grantee deliver a good Free of charge, without being able to withdraw it, for the benefit of a person who received the delivery of the merchandise. The law only recognizes grants among the living. (KUHPerd 170, 172ff., 179, 913, 1314, 1675, 1683, 1688.). Implementation of parent grants to children in the perspective of Islamic law in the community in Betungan Village Bengkulu City, Implementation of grants conducted by the community in Betungan Village has been implemented well, and follow the rules in accordance with the provisions. Being fair and equating giving to children is obligatory. Doing tafdhil (exaggeration) is forbidden, except when there are factors that allow it. It is permissible to treat others against fellow children if there are any exclusionary factors justified in the case of a disability that makes a person unable to work in search of a livelihood such as paralysis, blindness, inability to work, to seek knowledge and other
PUTUSAN CONTRA LEGEM SEBAGAI IMPLEMENTASI PENEMUAN HUKUM OLEH HAKIM DI PERADILAN AGAMA (Studi Kasus Putusan Kasasi Nomor 16 K/AG/2010 dan Putusan Kasasi Nomor 110 K/AG/2007)
No full textKeadilan harus ditegakkan. Tujuan hukum sejatinya adalah untuk mewujudkan keadilan, kepastian hukum dan kemanfaatan. Karena hukum lahir dari ketentuan yang hidup dalam masyarakat, maka hukum harus terus dibedah dan digali melalui upaya-upaya terobosan hukum untuk menggapai kemaslahatan demi tegaknya keadilan. Bagi hakim, yang menjadi dilema terkadang adalah pertentangan antara sisi keadilan dan sisi kepastian hukum. Hakim melalui penerapan penemuan hukum, berupaya mengedepankan keadilan dengan memutuskan suatu perkara menyelisihi dari apa yang telah ditentukan undang-undang. Penelitian ini bertujuan untuk mengetahui dan menjelaskan mengenai penemuan hukum oleh hakim dalam kewenangannya untuk memutus suatu perkara di luar dari apa yang telah ditentukan oleh undang-undang. Masalah yang dianalisis adalah mengenai penerapan contra legem dalam putusan kasasi Mahkamah agung yang memberikan hak waris melalui wasiat wajibah pada ahli waris non muslim dan pemberian hak hadhanah untuk ayah. Penelitian ini menggunakan metode penelitian kualitatif dengan pendekatan yuridis normative. Hasil penelitian menunjukkan bahwa putusan hakim yang bersifat contra legem sejatinya adalah upaya hakim melalui penemuan hukum untuk mengkontekstualisasikan hukum itu sendiri demi mewujudkan keadilan
SINERGITAS KANTOR WILAYAH KEMENTERIAN AGAMA PROVINSI BENGKULU DAN BADAN AMIL ZAKAT NASIONAL PROVINSI BENGKULU DALAM PENGELOLAAN ZAKAT
No full textThe formulation of this research are: First, how the management of zakat at Badan Amil Zakat Nasional (BAZNAS) of Bengkulu Province? Second, what is the role of the Regional Office of the Ministry of Religious Affairs of Bengkulu Province in the management of zakat at the National Amil Zakat Agency of Bengkulu Province? Third, how is the synergy between the Regional Office of the Ministry of Religious Affairs of Bengkulu Province and BAZNAS of Bengkulu Province in the manage- ment of zakat? The research method used is evaluative method.The study concluded that: first of zakat management at the National Zakat Agency Bengkulu province include charity fund rais- ing, distribution and utilization of zakat. Second, the role of the Regional Office of the Ministry of Religious Bengkulu province in Zakat Management Agency National Zakat Bengkulu province is the founder, partner, facilitator, coordinator and motivator for the management of zakat that is professional and trustworthy, strive to increase the role of zakat to be a professional institution, transparent trusts and guidance to the empowerment of zakat functionally includes preparation of the materials empowerment of zakat, preparation of materials institutional accreditation zakat, preparation of materials certification institutional charity, management Unit Gatherer zakat and collect data with regard to the management of zakat on Unit Gatherer zakat in the Office of Religious Affairs Regency / City. Third, form synergy in zakat management is Unit Gatherer Zakat Regional Office of the Ministry of Religious Bengkulu Province has been collecting zakat, infaq and sadaqah from across the Civil Service through a system of payroll deductions, held activities in cooperation with the National Zakat Bengkulu province, conducting monitoring activities zakat fund management at the national zakat Agency se City District of Bengkulu province, Amil zakat Development of technical guidance and assistance Operational national zakat Agency in accordance with the province and the availability of funds each yea
KONSEP ADIL POLIGAMI DALAM PANDANGAN M. QURAISH SHIHAB DAN SITI MUSDAH MULIA
No full textThe purpose of this study is to first describe the views of Quraish Shihab and Siti Musdah gloriously looking at polygamy verses, the practice of polygamy of the Prophet and the fair terms of polygamy, secondly to describe a fair concept in polygamy according to Quraish Shihab and Siti Musdah Mulia, third to describe the legal arguments of Quraish Shihab and Siti Musdah His Majesty of fair concepts in polygamy. This research method is literature research using qualitative description research method. Based on the results of research and discussion can be drawn the following conclusions: First, in understand- ing the verses of polygamy, Quraish Shihab argues that based on the demands of fair treatment of orphans as an accentuation of this paragraph, the context of emphasis on the command to be fair and polygamy verses do not make regulations about po- lygamy, because it has been known and implemented by adherents of various shari’a religion and community traditions before the decline of this verse. Siti Musdah Mulia sees that of the whole verse of marriage, First, polygamy is contrary to the principle and purpose of marriage of Islam. Secondly, QS. An-Nisa verse 3 does not speak in the context of polygamous justification, but in the context of protection for orphans and women from injustice behavior. Second, M. Quraish Shihab gives insight into the practice of polygamy of the Prophet (s), nor can it be said that Rasulullah SAW marries more than one, and such marriages should be imitated, because not all what is done by the Prophet needs to be imitated.Sedangkan Siti Musdah Mulia, the as- sumption that polygamy Prophet is a sunnah that can be made hujjah. Thirdly, Justice of polygamy according to M. Quraish Shihab is fair in the field of immaterial (love). Siti Musdah Mulia gives the view that there are two main points in looking at the fair concept in polygamy. First, the just is meant not only in terms of material things such as livelihood but also in the immate- rial matter, namely the tendency of love and compassion. Second, fair criteria covering two aspects in it, impossible or hardly anyone can afford to fulfill the prophet SA
IMPLEMENTASI PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2015 TENTANG ITSBAT NIKAH TERPADU PERSPEKTIF MASLAHAH MURSALAH (Studi Pada Pengadilan Agama Kelas IIA. Manna)
No full textThis study discusses the implementation of the determination of Integrated Marriage of Religious Court Class IIA Manna in District Kedurang South Bengkulu Regency. the establishment of marriage is a provision of marriage proven by a religious court. The legal basis of marriage isbat is the Compilation of Islamic Law contained in Article 7 paragraph (1) Com- pilation of Islamic Law affirms that marriage can only be proved by the Marriage Certificate made by the Officer of Marriage Recorders. This indicates that marriages that do not have proof of registration can be submitted to the establishment of mar- riage in religious courts accompanied by certain requirements. The purpose of the isbat marriage is to get a new marriage book through the establishment of ratification in accordance with the Law No. 1 of 1974 without doing aqad marriage again. Among the reasons for implementing the establishment of Integrated Marriage is to provide solutions for couples whose marriages are not recorded. The purpose of this study is to know the rule of law issued by the Supreme Court relating to the establishment of Integrated Marriage and the application of Supreme Court Regulation No. 1 Year 2015 By Manna Religious Court. This type of research is a type of field research using qualitative descriptive approach. The research data is taken directly from the research location and the data is obtained by using interview method, observation and documentation method. After the data collected to analyze the data collected in this study used analytical descriptive-analytic technique, which describes all the things that focus in this research. The results of this study indicate that the Regulation of the determination of Integrated Marriage contained in Perma No 1 Year 2015 which regulates the mechanism of implementation of an integrated determination session. As for the rule of law remains based on existing rules. Meanwhile, the establishment of integrated marriage is conducted by Manna Religious Court in Kedurang sub-district in accordance with Perma No 1 year 2015. Legal basis of the determination of Marriage Regula- tion Terhadi namely KHI Article 7 paragraph (1). While the judge’s consideration in deciding the determination of Integrated Marriage is a problem. With the establishment of marriage, the protection of the rights of each partner because of their marriage has obtained legal recognition and provide assurance of life, property and descent which is the principle that must be kept in Islam (Ushulul Khomsa
PENGUMPULAN ZAKAT MELALUI PAYROLL SYSTEM DITINJAU DARI PERSPEKTIF HUKUM ISLAM
No full textThis research is conducted in order to answer the question how the review of Islamic law to the collection of zakat through payroll system? The purpose of this study is to investigate how the review of Islamic law to the collection of zakat through payroll system. This research is library research that is by way of tracing, collecting, clarifying and viewing data from various literatures related to the core problems in order to get the principles and concepts about the problems as the object of research. The approach used in this research is qualitative normative clinical normative Islamic research with fath adz-dzari’ah method. The results of this study show that the collection of zakat through payroll system is valid. Referring to the order of zakat collection to the ruler in Surat At-Taubah verse 103 that to maximize the collection of zakat is something that must be done by the ruler, therefore everything that becomes the means to maximize the collection must also be held, one of them is the method of collecting zakat through payroll system. Therefore the collection of zakat through payroll system according to fath adz-dzari’ah is valid. Collection of zakat through payroll system must intend once every year at the beginning of payment because it is a cicil system