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KEWARISAN ANAK ANGKAT YANG BERKEDUDUKAN SEBAGAI ASH├éBUL FUR├øDH (Analisis Terhadap Putusan Pengadilan Agama No. 287/Pdt.G/2006/PA.Pdg.)
No full textThe Case No. 287/ Pdt. G/ 2006/PA. Pdg. is a lawsuit Wasiat Wajibah submitted to the Religious Court of Padang. The Religious Court of Padang sets the plaintiff on this case as an adopted child who is entitled to obtain a mandatory will from his foster mother's estate. Where as between the plaintiff and his adoptive mother has a very close kinship relationship. The plaintiff is the real child of his adoptive brother's brother, while at that moment the plaintiff's adoptive mother was the heir of Kal├ólah. The Law of Inheritance of Islam recognized the right of inheritance to the sisterÔÇÖs child. SisterÔÇÖs son's inheritance is not clearly contained in the Qur'an and the hadith of the Prophet Muhammad pbuh. However, sisterÔÇÖs child's inheritance rights are basically through the extension of the understanding of other whose rights are described in the Qur'an, because if he or she has no sister and brother, the position can be replaced by the child. SisterÔÇÖs child will not get the right as long as his father who connects him to the heir is alive. This can be understood as the concept of "Expanding Brotherhood Meanings". Thus, the decision of the Religious Court of Padang on the Wasiat Wajibah which sets the plaintiff to obtain the right to the property of his adoptive mother through Wasiat Wajibah is not appropriate. This is because the plaintiff has a very close kinship with his adoptive mother. Therefore, the plaintiff is more aptly part of the heritage of his adoptive mother through his right as an heir (ash├óbul fur├╗dh), not as a mandatory will. This is because the plaintiff replaces the position of his biological father as the heir because he has died earlier than his adoptive mother. The Plaintiff is entitled to receive a share of fur├╗dh against the inheritance of his adopted mother. The fur├╗dh portion obtained is based on the letter of al-Nis├ó verse 176
NILAI KEADILAN DALAM POLIGAMI
No full textThis study examines the value of justice in polygamy from various perspectives, namely the Qur'an, Sunnah, ushul fiqh/fiqh, and positive law. This research is a literature study with data sources in the form of polygamy provisions contained in the Al-Qur'an, Sunnah, ushul fiqh/fiqh, and positive law. In addition, data were also taken from literature related to polygamy. Using a normative approach, this research finds that fairness is an important condition for polygamy. The concept of justice in the Qur'an tends to be related to business that is humanly possible. If someone really wants to do justice with a sincere goal, then he will not be able to do it considering his limitations as a human being. In principle, the concept of fairness in sunnah and ushul fiqh/fiqh refers to the interpretation of the Koran, namely fairness in the areas of living, muamalah, association, and night shifts. Meanwhile, justice in positive law basically emphasizes the husband's ability to be fair to his wives and children, especially in terms of subsistence. This research shows that in both Islamic law and positive law, justice is an important condition that must be met by a husband in polygamy
Disparity in the Considerations of Judges in Deciding Divorce Disputes in Religious Courts and District Courts
No full textThis paper aimed at exploring judgesÔÇÖ disparity in deciding divorce disputes in religious courts and district courts. Disparity is not only the differences in legal subjects that obey the absolute competence of different judicial environment but also the norms that serve as guidelines. This research is empirical juridical research with primary data namely judgesÔÇÖ decision and the results of judgesÔÇÖ interview. This research found that there were several disparity differences between religious and district judges in deciding divorce disputes. First, the considerations of district court judges were oriented to the aspect of legal certainty over juridical considerations. Second, besides paying attention to legal certainty aspects, the panel of judges at religious courts also considered religious aspects in making decision. Consideration of the rules of Islamic law has a very important role for judges in making decisions
Sharia-Based Customs in Unregistered Marriage Rules (Case Study in Rambatan Village, West Sumatra)
Get PDFThis study focuses on the factors causing the birth of customary rules, then forms of customary sanctions, and the implementation of customary rules, as well as analyzes the dynamics of implementing customary rules against unregistered marriages in the view of Islamic law. The type of research conducted was field research. Primary data sources were Ninik Mamak, Wali Jorong, Religious Counselors, perpetrators of unregistered marriages, and their relatives. Secondary data sources were books and journals about marriage, customs, Islamic law and Positive law. The data were collected through semi-structured interviews and documentation techniques. Data analysis and interpretation techniques were data reduction, data presentation and conclusions. The technique of guaranteeing the validity of the data was by triangulation of sources. The results of the study indicate that the cause of the birth of customary rules was because they were not in accordance with Islamic teachings, positive law, and were considered a disgrace to the people. Forms of sanctions for the perpetrators of this unregistered marriage were expelled from the Nagari, if they were not pleased then paid a fine for slaughtering a goat, and if they did not want to do it, then they were set aside as long as the custom. Those who paid the fine had to do so in public and apologized to Ninik Mamak. Of the 11 pairs who performed unregistered marriages, 7 pairs were expelled from Nagari, 2 pairs paid a fine for slaughtering a goat, and 2 pairs were set aside from the custom. This rule is in line with sadd al-zari'ah principles in Islamic law
PENYALAHGUNAAN KEWENANGAN OLEH PEJABAT PEMERINTAH DALAM PASAL 10 AYAT (1) HURUF E UNDANG-UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN
Get PDF: This study examines the abuse of authority committed by Government Officials, in this case the Head of the Tanah Datar Regency Koperindag Office for the 2019 Period. This research is a Library Research research. The researchers' secondary data sources are taken from Law Number 30 of 2014 concerning Government Administration and books related to research. The results of the research obtained by the author are that the former Head of the Koperindag Office of Tanah Datar Regency for the 2019 period allegedly violated Article 10 Paragraph (1) Letter e of Law Number 30 of 2014 because he had abused his authority in this case based on the source of attribution authority regarding a bribery case with a contractor of the X Koto market construction project, Tanah Datar Regency. According to Siyasah Dusturiyah, Government Officials fall within the scope of Wizarah Tanfidz. Islam forbids any abuse of authority by Government Officials because Allah forbids bribers and bribes in legal matter
Settlement of Pusako-Tinggi Property Disputes in Nagari Sungai Tarab
Get PDFThis article examines the decision of the Batusangkar District Court Number 09/Pdt.G/2013 which authorizes the Nagari Adat Density (KAN) of Sungai Tarab to resolve disputes over the division of pusako-tinggi assets, while KAN does not yet have a clear norm regarding it. This study aims to see how KAN accepts the delegation of authority, then resolves disputes in its customary territory with all its implications. This study was conducted qualitatively and presented descriptively. Data obtained through interviews and documentation. This paper explains that the division of the pusako-tinggi assets by KAN Sungai Tarab is carried out with a consensus mechanism by niniak mamak and alim ulama, so that their decisions do not conflict with Islamic law. The status of the pusako-tinggi property is decided to remain in the ownership of the clan, except for parts that have been certified and have changed status to become the private property of clan members. This decision has a positive impact in the form of more clarity on the management and ownership of the people of property. While the negative impact is triggering members of other clans to demand a similar pattern of inheritance distribution, as well as efforts to disgrace each other to fight over inheritance
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
THE EXISTENCE OF THE BAOLEK TRADITION: A STUDY OF TRADITIONAL WEDDINGS IN PARIT BARU VILLAGE THROUGH THE LENS OF ISLAMIC FAMILY LAW
No full textThis research explores the existence of the Baolek tradition in traditional weddings in Parit Baru Village, where this custom is considered mandatory. Couples who do not perform this tradition, often due to financial constraints, are not allowed to live together until the tradition is fulfilled. The study aims to uncover the background and ceremonial processes of the Baolek tradition, its significance, and its implications for the community.The findings reveal that the Baolek tradition serves to publicly announce a marriage and prevent potential social conflicts or slander within the community. It is a deeply ingrained practice in Parit Baru Village, where newlyweds are required to carry out Baolek as a social obligation. If financial limitations hinder the couple from performing the tradition, they are required to live separately (known as Bausah) for a period ranging from one week to one month, while preparing the necessary resources.Regardless of the scale, the Baolek tradition involves significant financial contributions, as it is customary to entertain the entire community. To support the couple, the nuclear family, including Ninik Mamak (elders), typically provides assistance to ensure the tradition can proceed, even in a modest form. Failure to perform the Baolek tradition results in social sanctions, including ostracization, exclusion from customary practices, and strained familial relationships.In conclusion, from the perspective of Islamic family law, the Baolek tradition is recognized as an authentic 'urf (custom) that aligns with societal values. It promotes social harmony, strengthens family ties, and fosters mutual support, making it a beneficial custom that is well-accepted within the communit
TAUKIL WALI NIKAH KEPADA PENGHULU DI DESA PARIT KEBUMEN KECAMATAN RUPAT KABUPATEN BENGKALIS
Get PDFStudi ini mengkaji tentang kontroversi taukil wali nikah kepada penghulu di Desa Parit Kebumen Kecamatan Rupat Kabupaten Bengkalis, permasalahan tersebut muncul pertanyaan: 1.Alasan masyarakat mentaukilkan wali nikah kepada penghulu, 2. Bagaimana analisis hukum keluarga Islam terhadap Fenomena taukil wali nikah di desa parit kebumen. Penelitian ini merupakan penelitian lapangan. data dan informasi yang diperoleh langsung dari responden dalam kasus taukil wali nikah di Desa Parit Kebumen, dengan metode pendekatan deduktif. Dan dianalisis dengan cara deduktif, penelitian ini menemukan hasil praktek taukil wali nikah di Desa Parit Kebumen bertentangan dengan konsep perwalian yang telah ditetapkan dalam hukum keluarga Islam
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