Qiyas : Jurnal Hukum Islam dan Peradilan
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IMPLEMENTASI DAN IMPLIKASI UU NO. 23 TAHUN 2011 TERHADAP PENGELOLAAN ZAKAT (Studi Pengelolaan Zakat Di BAZNAS Kabupaten Rejang Lebong)
No full textThe study aims to answer the question of how the role of BAZNAS Rejang Lebong Regency in implementing Law no. 23 of 2011 on the collection and distribution of zakat. How is the impact of the implementation of Law no. 23 Year 2011 on the management of zakat ?. And What are the constraints and strategies facing BAZNAS Rejang Lebong Regency in implement- ing the Act on the management of zakat ?. This research is a qualitative research using research approach, phenomenological, sociological and historical approach. This research uses field research type (field research), that is a research conducted inten- sive, detailed and deeply to a certain object. Data Collection Techniques This research is primary data and secondary data. In accordance with the characteristics of empirical legal research using secondary data as the initial data obtained from primary and secondary legal materials, then continued with primary data or field data obtained from documents, interviews and observations. The results showed; First, that the implementation of Law no. 23 Year 2011 in the management of zakat has run optimally in accordance with the mandate of the Act. Second, the implications of the implementation of the Law on the management of zakat has given a positive effect. Proven with ZIS funds received in 2012-2016 there is an increase and ZIS funds have been distributed to mustahiq. Thirdly, the obstacles faced by BAZNAS Rejang Lebong Regency in implementing the Zakat Law are: (a) The absence of sanction for muzakki not paying zakat, (b) Some people consider BAZNAS Kab. Rejang Lebong is the same as a community organization, whereas BAZNAS is the official government institution regulated by law. (C) There are still many people who are less concerned about the obligations of zakat and the lack of zakat awareness through an institution. (D) Most Dhuafa ‘consider BAZNAS’s assistance as consumptive. The Strategy pursued by BAZNAS in the management of zakat are: First, BAZNAS cooperates with Rejang Lebong Regency Government so that it is issued Lo- cal Regulation and Regulation of Bupati. Secondly, BAZNAS’s effort in managing ZIS is by way of socialization and cooperation with religious leaders and community leaders. Thirdly, Mustahiq who is reluctant to return t he productive zakat funds then for the fund the continuation is not given anymor
I’RADH SUAMI DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF
No full textHusband’s i’radh In Islamic And Positive Law Perspective, i’radh is the husband who turns away, husband’s i’radh is the beginning of the cause of the emergence of nusyuz. In the positive law of Law No. 1 of 1974 concerning Marriage and compilation of Islamic Law does not mention the problem of the husband’s husband explicitly. However, according to the author, a husband can be considered as an iadrad if inside him contains the elements of the husband who violate taklik talak. differences and similarities in the views of husbands in the perspective of Islamic law and positive law, among others. In Islamic law, it is explicitly mentioned that i’radh in positive law does not explicitly mention i’radh or nusyuz husband. In Islamic law and positive law both use the path of peace, but when the peace that is done is unsuccessful, the wife can file a divorce. So that this husband could be the cause of the wife’s divorce case against the husband when he was already in the behavior, while when he was still within the boundary he could not be the reason for the divorc
EKSISTENSI ALAT BUKTI DALAM PENGADILAN (STUDI KOMPARATIF MENURUT HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA)
No full textThe formulation of this research is: First, How is the existence of evidence in the judiciary according to Islamic law? Second What is the existence of evidence in court according to positive law in Indonesia? Third, how do you compare the existence of evidence according to Islamic law and criminal procedural law? This type of research is library research (library research). Data collection uses reading techniques, citing information. This study concludes that: First, according to Islamic law, evidence is anything that has something to do with an act, the evidence can be used as evidence to raise the confidence of the judge over the truth of a criminal act committed by the defendant. Second, the evidence according to positive law is witness testimony, expert testimony, letters, instructions and information from the defendant. Whereas the positive law stipulates that only legal evidence instruments can be used for verification. Third, the position of evidence in Islamic law and Positive Law is a tool to assist the process of verification in criminal proceedings and help the judge to obtain confidence in an alleged act. Islamic law and positive law have several similarities, namely the law governing actions that are related to the soul or members of the body, such as killing, injuring and so o
TINJAUAN HUKUM ISLAM TERHADAP NIKAH FASID DAN DAMPAKNYA (Studi Terhadap Putusan Hakim di Pengadilan Agama Bengkulu
No full textThe purpose of the research is to know the judge’s consideration, the impact of the judge’s decision and the review of Islamic law against the marriage of the fakid in the Religious Court of Bengkulu. Research type is normative. The research approach is the case approach. Data collection techniques used are literature techniques from primary legal materials and secondary legal materials. The analysis used is qualitative analysis. The result of the research is that the judge in deciding the case of marriage cancellation has been in accordance with the Laws Regulation, because the judge in this case is guided by the Compilation of Islamic Law and Positive Law. In addition, the impact of the decision of the cancellation of marriage is; since the issuance of the Decision of the Religious Courts that the marital relationship is abolished and is considered never to carry out the contract of marriage, while the child who has been born to the marriage remains guardian to his father and for the needs of his life is still the responsibility of his parents, especially the father. The inheritance of the cancellation of the marriage remains joint property. While fasid marriage in view of Islamic law is a marriage that must be canceled because of the terms or pillars of marriage is not met and violate the rules set by sharia la
IMPLEMENTASI SERTIFIKASI HALAL PADA PRODUK PANGAN DI KOTA BENGKULU
No full textHalal certification is a process to obtain halal certificate in accordance with Islamic Shari’ah it, aims to provide legal certainty of the halalness of a product so that it can reassure the heart for those who consume it. This study is motivated by the number of food producers in Bengkulu City who do not do halal certification. This research raised the problem about the implementation of halal certification, supporting and inhibiting factors and the role of LPPOM MUI of Bengkulu Province in im- plementing halal certification on food products in Bengkulu City. The purpose of this research is to analyze the implementation of halal certification, identify the supporting and inhibiting factors and to explore and find the role of LPPOM MUI of Bengkulu Province in implementing halal certification on food products in Bengkulu City. This type of research is a field research using a sociological juridical approach that examines the applicable legal provisions and what happens on the ground. In collecting the data the research used interviews and document studies. The technique of data analysis is descriptive qualitative by way of interpretation, triangulation and content analysis. From the research result, it can be concluded that first, the implementation of halal certification on food products in Bengkulu City has been implemented although still a small part of the number of Small and Medium Industry (IKM) in Bengkulu City. Secondly, the supporting factor for the implementation of halal certification in food products in Bengkulu City is to provide a sense of comfort and confidence in a product, consumers of majority food are Muslim and increase income / turnover of food producers. As for the inhibiting factors are the Law on Halal Product Guarantee is still voluntary (voluntary), lack of information / knowledge about halal certification and constrained halal certification cost. Third, the Role of LPPOM MUI of Bengkulu Province in the implementation of halal certification on food products in Bengkulu City is to protect the public against illicit products. It also provides socialization of halal certification either through formal means such as training and socialization or unofficially such as to family, friends and friend
TINJAUAN MAQASID SYARIAH TERHADAP ISBAT NIKAH ANALISIS PENETAPAN HAKIM PENGADILAN AGAMA ARGA MAKMUR NOMOR 0110/PDT.P/2016/PA.AGM DAN NOMOR 0128/PDT.P/2016/PA.AGM
No full textMaqasid Syariah is the objective of recommendation for Islamic law, while Isbat marriage is the endorsement of marriages that have been held according to Islamic Shari’a, but not recorded by Religious Affairs Office (KUA) or the Marriage Registry Official (PPN) authorized. The compilation of Islamic Law which has the power of Inpres limits the permissible cases to be attributed. The formulation of this research problem is how the basis of judges’ consideration as well as how the analysis of maqasidsyariah to the determination of the case Number 0110 / Pdt.P / 2016 / PA.AGM and Number 0128 / Pdt.P / 2016/ PA.AGM about isbat marriage. The research method was used qualitative descriptive analysis that was the data processing obtained in the field study result which then combined with data obtained from literature study, in order to obtainthe accurate data. The approach was used the juridical approach. The location of the research was conducted in Arga Makmur Religious Court. Primary data sources obtained through interviews with Judges involved in the establishment of isbat marriage. Second- ary data sources was included the legislation and court decisions, coupled with literature relevant to marriageisbat issues. The result of the research was found that judge consideration in the determination of case Number 0110 / Pdt.P / 2016 / PA.AGM and Number 0128 / Pdt.P / 2016 / PA.AGM on marriage isbat based on juridical, philosophical and sociological considerations. The juridical isbat marriage regulated in the Compilation of Islamic Law through Presidential Instruction Number 1 of 1991. The determination of marriage isbat was supported by the evidence on the facts in the hearing. Maqasid sharia in the case of marriage isbat in Islamic law that is to realize and maintain mashlahat mankind on marital status and status of child in marriage.. The stipulation of marriage isbat provides legal certainty to the legality of marriage both religionally and legall
SANKSI KEBIRI DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM PIDANA INDONESIA
No full textThis research raises the problem; (1). How is the determination of the sanction of the law that is applied in the Government Regulation Substitute Law (PERPPU) No. 1 of 2016 according to the perspective of Islamic Law, (2). How is the determination of the sanction of the law that is stipulated in the Government Regulation in Lieu of Law (PERPPU) No. 1 of 2016 according to the perspective of Indonesian Criminal Law. This research is a normative legal research with normative juridical approach to trace the legal basis, be it in Islamic law or Criminal Law of Indonesia especially related to sanction of kebiri, method of collecting data using library method, after data collected and then analyzed and interpreted by using deduc- tive method that is to draw general facts to make facts or conclusions gained previously into something special. The results of this study conclude that; (1). In the perspective of Islamic Law, chemical punishment is categorized as a punishment that has a minimum and maximum restriction determined by the judge, so it can be classified as a ta’zir punishment. (2). According to the Indonesian Criminal Law perspective, the determination of the sanction of kebiri aims to safeguard the welfare of the Indonesian people from the pedophile actors, to give a deterrent effect and as a form of responsibility towards the law of the perpetrators
UPAYA PEREMPUAN KARIER DALAM MEWUJUDKAN KELUARGA SAKINAH (Studi Kasus Hakim Perempuan Di Pengadilan Kota Bengkulu)
No full textThe purpose of this research is to know the efforts of female judges in realizing happy family. The research was conducted in Bengkulu City Court, March-June 2017. The research method used was survey method and data retrieval technique was done by observation and open interview. Data were analyzed descriptively qualitative. The results show that there are women’s judges to realize their family, including building effective communication, keeping commitments to put aside the suspicion, willingness to give up the right to receive income, paying household assistants to do housekeep- ing, increasing the intensity of romanticism in the household, controlling emotions, supporting the wife’s career, strength- ening religious knowledge in the family, equating perceptio
KEDEWASAAN MENIKAH PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA
No full textThis study concludes that: 1) maturity according to Islamic law is marriage done within the boundary of a person has entered the baligh phase. Married adults are an attempt to minimize the problems that make the concept of sakinah, mawaddah and rahmah households will not be achieved. Households need to be built on the basis of maturity so as to cause psychological maturity of each partner either husband or wife. This maturity will generate thoughts, attitudes and behaviors that also mature in the household. Islamic Shari’a wants people who want to marry is really people who are ready mentally, physically and psy- chologically, mature and understand the meaning of a marriage that is part of worship. 2) married maturity according to Law No. 1 of 1974 is enacted in order to provide protection, justice and safeguard the human side of Indonesian society. Married maturity in Law No. 1 of 1974 aims to prevent the occurrence of marriage of children, so that young men who become hus- band and wife really have matured the soul of his body in forming a happy and eternal family. According to the Compilation of Islamic Law, the age limit of an independent or adult child is twenty-one years, as long as the child is not physically or mentally disabled or has never marrie
UPAYA TOKOH AGAMA DALAM PELAKSANAAN WALIMATUL ‘URSY AGAR SESUAI DENGAN AJARAN ISLAM DI DESA TEBAT MONOK KECAMATAN KEPAHIANG KABUPATEN KEPAHIANG
No full textThe formulation of this study is: First, how the position of religious leaders in the community of Tebat Village Monok? Secondly, what is the efforts of religious leaders in the cultivation of religious values at the wedding party (Walimah al-’Ursy) in Tebat Monok village Kepahiang district? This type of research is descriptive research with sociological juridical ap- proach.Data collection uses interviews, observations and documentation. This research concludes that: First, the position of religious leaders in the Village Tebat Monok Kepahiang District is a leader of religious worship activities, train people in religious practice and become a community advisor.. Secondly, the efforts made by religious leaders in Tebat Monok Village are: Establish a da’wah approach by giving an enlightenment to the public on various occasions such as in a lecture or gather- ing of citizens on how to implement walimahan by paying close attention to the aspects of religious teaching, using a personal approach to Community by giving advice and feedback about how it should be done so that the party is not redundant, does not cause vice and benefit to the people but still has the meaning for those who wis