Qiyas : Jurnal Hukum Islam dan Peradilan
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Larangan dan Sanksi Tindak Pidana Kekerasan Seksual Dalam Rumah Tangga (Studi Komparasi Hukum Islam dan Undang-undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Dalam Rumah Tangga)
No full textThe prohibition and sanction criminal acts of sexual violence in the household, according to Law No. 23 of 2004 on the Elimination of Domestic Violence and Islamic law. This research is motivated by the issue of a deviant sexual towards his wife, where problems in the private sphere has been appointed to the public domain through which no detailed PKDRT Regulation explains the term forcing sexual intercourse as a form of violence. Approach legislation, conceptual, philosophical and juridical comparison is used to analyze the prohibition and sanction criminal acts of violence. Islamic law explains that sexual violence against wives are despicable acts and prohibited. Islam considers sexual violence than because the two sides (husband and wife). Meanwhile, the perpetrators of criminal sanctions can be sanctioned as jarimah ta’zir. Meanwhile, according to Law PKDRT that each act of sexual violence or similar coercive sexual relations are prohibited. The sanction is imprisonment or a fine. The second equation of the law is equally considers the act contains harm or evil. Meanwhile, the difference is that in Islamic law to first see the cause and effect of violence, both in terms of the condition of both husband and wife. Meanwhile, the Law PKDRT otherwise. Differences were also found in the penal provisions. In Islamic law, perpetrators can be sanctioned jarimah ta’zir where possible occurrence of sanctions mildest to the most severe. Meanwhile, in the Act PKDRT there is no a minimal set of sanctions so that it is possible for the victims of injustice
Sanksi Bagi Pemberi Dan Penerima Gratifikasi Perspektif Hukum Pidana Islam
No full textAbstract: “Sanctions for Givers and Recipients of Gratification Based on Islamic Criminal Law.” In various Hadith literature, the status of gratification perpetrator has not been fully explained. This can be seen from differences among scholars whether it is included into bribery or a halal gift. On the other hand the status of bribes and giving prizes is clear enough, unlike the status of gratification which still in debate among scholars. Similarly, sanctions for the perpetrators of gratification are not mentioned explicitly. The sanctions are more dominated by moral aspect that still needs further interpretation. The results of this study conclude that gratification in the sense of giving prizes in the form of money, bonuses or other services that are lawful to officers or officials is essentially legal as long as there is no agreement in the beginning, not excessive, and not given in advance (before the affairs are completed). However, the sanctions for those perpetrators of gratification in the sense of giving the prizes promised at the initial term, or granted before the completion of the affairs, in Islamic criminal law those givers and the recipients may be subject to punishment or in Islam known as takzir (the form and size of the punishment shall be submitted to an official judge appointed by the legitimate government).
Penundaan Kehamilan Dengan Memakai Alat Kontrasepsi Bagi Pengantin Baru Dalam Tinjauan Hukum Islam (Studi Di Kecamatan Selebar Kota Bengkulu)
No full textUsing of Contraception to Delay Pregnancy for Newlyweds in Islamic Law Review (Case Study in District of Selebar, Bengkulu City). This study raises the issue of the factors that cause the delay of pregnancy for newlyweds and legal substitute delay pregnancy for newlyweds in the district of Selebar, Bengkulu by using contraceptives according to maqasid sharia. The purpose of this study was to determine the factors that cause a delay of pregnancy for newlyweds and to determine the legal of delaying pregnancy for newlyweds in the district of Selebar, Bengkulu by using contraceptives according to maqasid Sharia. This study used qualitative methods, the data collection techniques used were observation, interviews and documentation, then after the data obtained were analyzed by deduction methodes, data presentation and conclusion. From the results of the study showed that the factors that cause delay pregnancy for a newlyweds in District of Selebar, Bengkulu city, are; economic factors, because the newlyweds cople still want to pursue a career, as well as a joint agreement between the husband and wife of not willing to have a children yet, while the use of contraceptives according to maqasid sharia to delay the pregnancy due to economic reasons and feared that the parents can not give education to the children, then it is permissible in Islam, but delaying the pregnancy by using contraception for reasons cople still want to pursue a career until his career reached the peak, then it is forbidden in Islam. However, Islam does not forbid totally the use of contraception but it has to be specific reasons, and acceptable
IMPLEMENTASI HUKUM WARIS ISLAM PADA MASYARAKAT KECAMATAN KEPAHIANG KABUPATEN KEPAHIANG
No full textThis study raises the issue of implementation inheritance practices in society Kepahiang District of Kepahiang. So the urgency to fix the system of inheritance which has become a tradition for generations was considered good by most people Kepahiang to return it to the Islamic inheritance in order to create a qualified Muslim community. The purpose of this study (1) To investigate the implementation of the community Kepahiang inheritance; (2) To identify the background on which to base the distribution of the next of kin; (3) To analyze the views of Islamic law on inheritance practices implementation in society Kepahiang and add related intellectual treasures of Islamic heritage. This study uses content analysis (content analysis), with a historical-normative approach. The results showed that (1) In general practice division of the estate made by the people Kepahiang is with individual bilateral inheritance system through the deliberation and peace, this is done to anticipate disputes among heirs and to the achievement of welfare. It is also a habit of going on and practiced repeatedly and well-regarded in the community, while the comparison section received between heirs male and female heirs depending on the results of consultation with emphasis on the principle of mutual benefit and willingly accept any portion thereof, more often equally or 1:1; (2) The basis for the implementation of the division of inheritance in Kepahiang society is based on its own traditions that have been embraced for generations. Although there are based on the Islamic inheritance, only when executing by way of inheritance Islam, then the disagreement / dispute they choose to implement with the tradition that has been handed down it; (3) The distribution of inheritance in the District Kepahiang society Kepahiang using a system of equal division is not in accordance with Islamic law, because the procedure of distribution carried out by dividing the average whole inheritance to the heir on the legal basis is very weak. But the practice of the division of the estate in the District Kepahiang society can be viewed as the result of social construction, but in this Islamic regards the division of inheritance practices such as ‘urf fasid because it is contrary to the text (Nash) of syariat. Especially if the grounds of gender equality that will bring destruction and not in line with the objectives of the estabilishment of syari’at
RESPON MASYARAKAT TERHADAP PELAYANAN PERNIKAHAN PASCA PEMBERLAKUAN PERATURAN PEMERINTAH NOMOR 48 TAHUN 2014 TENTANG BIAYA NIKAH (STUDI KASUS DI KUA KEC. SELEBAR KOTA BENGKULU)
No full textThis research raised problems response the public about free and marriage marriage paid at home in the kecamatan kua largest city bengkulu .The purpose of this study is to find response the public about free and marriage marriage paid at home in the kecamatan kua largest city bengkulu .This research use method juridical empirical , to technique data collection interview, chief and documentation, after data obtained were analysed according to miles and huberman in sugiyono to analyze qualitative may be done by means reduction the data reduction) , presentation of the data display) , conclusion (verification) , so that it can be drawn a conclusion to answer of any the existing problems. The research showed response the public about free marriage in the kecamatan kua largest city bengkulu who gives responnya through chief and interview known that the community kecamatan largest city bengkulu less responding well, this is proven than 100 % the results of the answer informants them do not know with the establishment of pp .48 2014 that marriage at the kua free then the community kecamatan largest city bengkulu does not agree with marriage at the kua although free this is proven from the answers of the informants 86 % does not agree with marriage at the kua and response the public about marriage paid at home welcome positive although must spend money which is not a little .This is proven from the answer chief informants said that they did not mind spent budget of rp .600,000,—when married at home of 94 %, then the community approve marriage outside the kua equal to 100
PENGATURAN TALAK DAN ‘IDDAH (STUDI KOMPARATIF PRESPEKTIF FIKIH EMPAT MAZHAB DAN KOMPILASI HUKUM ISLAM (KHI))
No full textA happy family is born and the inner desire of each partner and the individuals who are in a family. But do not rule out the cherished goal, covenants they make together experiencing the shock impacting on the creation of the marital discord, disagreement, each party still carries each ego respectively. Therefore the happy marriage which was originally going to be cracks or divorce. With the divorce, the consequences are ‘Iddah. In the case of divorce and ‘Iddah arrangement was stipulated in Islamic law either globally or specifically (the four schools of jurisprudence) and Islamic Law Compilation (KHI).The problems of this study was twofold: 1. How do the provisions of divorce and ‘Iddah according to the four schools of fiqh and Islamic Law Compilation (KHI)? 2. How Relevance provisions of divorce and ‘Iddah according to the four schools of fiqh and Islamic Law Compilation (KHI) In the era of modern society ?.The method used in this compiler is a comparative descriptive method that describes the view of the four schools of jurisprudence about the divorce arrangements and ‘Iddah then linked to Islamic Law Compilation (KHI) in Indonesia. Type of research is the research library (library research), whereas the approach used in this study is a normative approach. In analyzing the data compiler using the deductive method with deductive mindset is to analyze the problem of divorce and ‘Iddah in general and then withdrawn on dissent in the Four Schools of Jurisprudence about the divorce arrangements and ‘Iddah.From the analysis that has been done in this study setting divorce and ‘Iddah contained in Jurisprudence four schools and Islamic Law Compilation (KHI) do not have much difference, and with the relevance of Jurisprudence four schools and Islamic Law Compilation (KHI) portion of provisions divorce and ‘Iddah that has prevailed still be valid in the era of modern societ
MEDIASI SENGKETA PERCERAIAN DI PENGADILAN AGAMA BENGKULU KELAS IA (STUDI ANALISIS PENERAPAN PERATURANMAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 1 TAHUN 2016)
No full textMediation is a peaceful, effective, and effective means of resolving disputes and may open broader access to the Parties to obtain satisfactory and just dispute resolution. The problem in this research is how the application of Supreme Court Regulation of RI. No. 1 of 2016, in optimizing the peace efforts in divorce disputes in Bengkulu Class IA Religious Court, and what are the constraints of Mediator in conducting mediation of divorce dispute in Bengkulu Class IA Religious Court. Problem solving is done through a normative juridical approach. To analyze the implementation of mediation in Religious Courts Bengkulu Class IA conducted by examining library materials or secondary data related to mediation. While the method used is descriptive research method analysis of mediation theories and the implementation of mediation in the Religious Courts by describing the case under investigation, based on the relationship between theory and reality in the field. Implementation of mediation in Bengkulu Class IA religious court, broadly divided into 4 (four) stages, namely: 1). Case registration stage, 2). Mediator stipulation stage, 3). Implementation stage of Mediation and 4). The final stage of mediation. Factors influencing the success of mediation in Bengkulu Class IA Religious Court are aspects of mediator, sociology aspect, psychology aspect, moral and spiritual aspect and good faith of the parties. While the factors inhibiting the success of mediation is the strong desire of the parties to divorce, has become a prolonged conflict, psychological or psychological factors, the sense of willingness to budge.Keywords: Mediation, Peace, Divorce Dispute, Supreme Cour
PERNIKAHAN DI USIA MUDA KARENA PERMINTAAN ORANG TUA DI KECAMATAN MUARA BANGKAHULU
No full textThe existence of marriage at a young age caused by the request of parents in the district of Muara Bangkahulu into a phenomenon that wanted to be examined by the author. What is the underlying cause of underage marriage due to parents’ requests in Muara Bangkahulu Subdistrict and how Islamic law’s view of marriage at a young age caused by parental demand is a matter of concentration. This research is field research using descriptive analytic method. The results of this study indicate that the cause of marriage at a young age caused by the demand of parents in Muara Bangkahulu District is due to economic factors, socio-cultural and parents’ concerns about the negative impact of globalization. While the view of Islamic law against marriage at a young age because the request of parents is to allow parents to ask their children to marry even though still at a young age as long as there is a clear reason and not harm the child
EKSEKUSI HAK TANGGUNGAN DI BANK SYARIAH PASCA UNDANG-UNDANG NOMOR 3 TAHUN 2006
No full textThe implications of Law No. 3 of 2006 on religious courts, that the authority of the religious court expanded that includes Islamic economics were showcased in Article 49, that the logical consequence aspects of constitutional courts religion to be the only court with jurisdiction over issues that occur against Islamic economics , Writing in this thesis aims to know how the setting and execution of a security interest in the post of Islamic Banks law No. 3 of 2006. In terms of the types and nature, this research includes the study of normative law, because it is done from a juridical standpoint. The approach used in this research is descriptive analysis, the authors describe all the existing materials and then analyze the content analysis method. From the research found that setting the execution of Responsibility Rights in Islamic banks is through the religious court and use the settings general civil law and the execution of Responsibility Rights in Islamic banks initiated by filing a subpoena in a religious court so that the court religion did session aan maning form of reprimand against customer default to meet its obligations as an Islamic bank customers, and than if customers do not do it next Islamic banks apply for the execution of Responsibility Rights to the customer. Head of religious courts provide execution Responsibility Rights determination to further instruct the religious court bailiff accompanied by two witnesses to the execution of the seizure of the object. Then notified of the seizure to all agencies associated with the land and the buildings on it were confiscate
Sanksi Hukum Poligami Tanpa Izin Pengadilan Agama Dalam Kitab Undang-Undang Hukum Pidana Ditinjau Dari Hukum Islam
No full textSanctions Against The Polygamist Without Permission Of Religious Courts In The Perspective Of Book Of Criminal Law Based On Islamic Law. This study raised the issue of people who marry without permission polygamist Islamic Court may be sanctioned in accordance with Article 55 of the Criminal Code and the Islamic legal review of legal sanctions those who marry without permission polygamist Islamic Court under Article 55 of the Criminal Code. The purpose of this study was to determine the polygamists who marry without the permission of the Religious Court may be sanctioned in accordance with Article 55 of the Criminal Code and to know the Islamic legal review of legal sanctions those who marry without permission polygamist Islamic Court under Article 55 of the Criminal Code. This research uses normative juridical method, with the primary law legal materials and secondary law, after law materials collected and then selected and refined by considerations of reliability (honesty) and validity (validity) and then analyzed by juridical qualitative deductive method. From the results of the study showed that people who marry without permission polygamist religious court essentially can not be subject to criminal sanctions under Article 55 of the Criminal Code before the polygamist gets criminal sanctions first. When polygamist has gained criminal sanctions, then the people who marry polygamist can be penalized inclusion as contained in Articles 55 and 57 of the Criminal Code. While the law sanctions those who marry without permission polygamist religious courts in the review of Islamic law no difference is no difference polygamists and people who marry polygamist gets the same punishment between direct actors and indirect actors, for he has done each of these makers including jarimah ta’zir and punishment also sentenced ta’zir. While Personality ‘jarimah ta’zir not separate between one and the other ta’zir jarimah