Compilation Of Islamic Law Research Articles

PERCERAIAN KARENA FAKTOR EKONOMI DI DESA SUNGAI NYIRIH KECAMATAN SELAKAU KABUPATEN SAMBAS

This article examines divorce due to economic factors in Desa Sungai Nyirih, Kecamatan Selakau, Kabupaten Sambas. The purposes of this research were to find out: 1) Indicators of factors that cause divorce in Desa Sungai Nyirih, Kecamatan Selakau, Kabupaten Sambas; 2) The view of Islamic law on divorce due to economic factors in Desa Sungai Nyirih, Kecamatan Selakau, Kabupaten Sambas. This study used qualitative methods as the type of research used to obtain the data, the data sources used in this study were: 1) primary data sources data obtained from interviews with residents who experienced divorce due to economic factors; 2) secondary symbiotic data from books, journals and KHI (Islamic Law Compilation). This study also uses data collection guidelines using observations and interviews and uses data collection tools with interviews and smartphones to document images and sound recordings via cell phones. Based on this analysis, the researcher concluded that: 1) economic factors were one of the effects of divorce because there was no inner livelihood and love lost because of the husband's selfishness in providing a living, there was no level because it was by the husband's ability to meet the needs of life. 2) the view of Islamic law in the Shiqot Taklik Talak, if the husband does not provide for 3 months in a row divorce or the wife demands a divorce from her husband, divorce is allowed if there are problems experienced between the spouses.

Polalanta Divorce Practices of the Banggai Tribe Community in Banggai Islands District in the Perspective of Islamic Law and Positive Law

This study discuss the practice of Polalantadivorce practice among the Banggai ethnic community from the perspectives of Islamic law and positive law in the Mansamat B Village, South Tinangkung District, Banggai Islands Regency.The aims of this study are examine factors drive the residents of Mansamat B Village, South Tinangkung District, Banggai Islands Regency to engage in Polalanta divorce practice, and to find out the perspective of Islamic and positive law in Polalanta divorce practice among the residents of the village. This study used a qualitative method with data collection techniques involving observation, in-depth interviews, and written document analysis. The data analysis techniques employed include data reduction, data presentation, data verification, and drawing conclusions. This study found that time efficiency and simplicity are significant factors motivating the Banggai ethnic community in Mansamat B Village to opt for divorce outside the Religious Court or Polalanta practice. Additionally, economic considerations also play a role, requires administrative expenses, which, despite subsidies for those less fortunate, are still perceived as significant by some. Hence, the choice to divorce outside the Religious Court is more appealing. Furthermore, a lack of legal awareness and personal issues contribute to this practice. We aso found that there are distinctions between positive law and Islamic law concerning divorce. Islamic law requires only formal witnessing, whereas positive law mandates court proceedings in the Religious Court. This provision is outlined in Article 39 paragraph (1) of Law No.1 of 1974, Article 65 of Law No.3 of 2006, and Article 115 of the Compilation of Islamic Law, stipulating that divorce can only take place before a court session after the court has attempted and failed to reconcile both parties.

The Legal Effectiveness of Marriage Dispensation in the Religious Court of Batang, Central Java: A Case of Post-Law Number 16 of 2019

This research analyzes the factors contributing to the high number of marriage dispensation requests at the Religious Court of Batang Central Java following the enactment of Law Number 16 of 2019, which regulates the minimum age for marriage. A qualitative approach, employing deductive and inductive analyses, is utilized to comprehend the dynamics of this phenomenon. Positive transformation: Valuable data is collected through interviews, observations, and documentation, and skillfully transformed into insightful descriptive information. The research findings are anticipated to serve as a reference in the field of Islamic Family Law. The results indicate the ineffectiveness of legal provisions, evidenced by the substantial increase in marriage dispensation requests post the enactment of Law Number 16 of 2019. The judicial foundation for approving dispensation requests is rooted in the Quran, Hadith, Law Number 1 of 1974, Law Number 16 of 2019, Compilation of Islamic Law (HKI), and Supreme Court Regulation Number 5 of 2019. The practical implication underscores the need for a reevaluation of the marriage dispensation procedures to ensure better understanding among academics and the public. This research contributes innovatively by exploring the impact of Law Number 16 of 2019 on the phenomenon of marriage dispensation at the Religious Court of Batang, with a specific focus on legal effectiveness.

Wife Cannot Nullify Husband’s Responsibility to Provide Nafkah

In the Quran, it explains that the husband has an obligation to provide Nafkah for his wife. However, in the Indonesian Islamic Law Compilation, Article 80 Paragraph 6, it is explained that a wife can nullify her husband’s obligation to provide Nafkah. That Article is used as a legal basis for husbands to instruct their wives to be the main backbone of family. This is a problem that burdens the wife. The aim of this writing is to criticize Article 80, Paragraph 6, of the Indonesian Islamic Law Compilation. So that husbands will not let go of their responsibilities. The writing method used is a literature review method. The author tries to find the legal basis for Article 80, Paragraph 6 of the Indonesian Islamic Law Compilation. The Article will be analyzed in the context of a fiqh perspective. The results of the writing can be summarized as follows: this Article has no legal basis. In fiqh, Nafkah that cannot be paid will become a debt that eventually needs to be paid later. And the wife can nullify her husband’s obligation to pay that debt. But not for the Nafkah that has not been paid yet.

Pembagian Waris Suku Bugis Ditinjau Dari Hukum Adat Dan Hukum Islam

Customary inheritance law is the passing of wealth from the upper generation to their descendants. Inheritance law is based on customary norms, BW, to the Compilation of Islamic Law. The Bugis tribe as adherents of the parental inheritance system still maintain the customary distribution of inheritance Over time and along with the entry of Islam, the Bugis tribe began to use Islamic law as a way out to fulfill the obligations of heirs.

Perspective on Inheritance Rights in Other Wives

This research aims to investigate and understand the position of wives who marry consecutively and who are not the first wife in the perspective of heirs according to the Compilation of Islamic Law. The research method used is normative-juridical. Analysis of the research results shows that the position of other wives in polygamous marriages is equal in rights to the first wife. Joint property in a polygamous marriage is divided fairly, where the legal consequences of the inheritance of a husband who marries more than once legally are that when the husband dies, the division of joint property in his marriage is half of the joint property obtained with the first wife, and half of the joint property obtained with the second wife, each separately without any mixing of assets. Each wife in a polygamous marriage has the right to her husband's inheritance. The conclusion of this study is that there is no difference in inheritance rights between the first wife and subsequent wives, in accordance with the provisions of Religion and the Compilation of Islamic Law applicable in Indonesia. Recommendations from this research include the need for reform in the Law and incorporated in the omnibus rule of law, especially related to the distribution of inheritance in polygamous marriages, as some laws have accommodated what is implied in the Qur'an and AlHadith. The terms in the law need to be adjusted to reflect fair and balanced principles in accordance with religious values. In addition, wives in polygamous marriages need to pay attention to factors that may limit their inheritance rights and follow religious recommendations.

Pemanfaatan Sawah Warisan Secara Bergilir Menurut Hukum Islam dan Hukum Adat

The use of inherited rice fields in rotation is in accordance with customary inheritance law and article 189 KHI, namely using collective principles. This is not in accordance with the individual principle in Islamic inheritance law. One reason is that in the collective system there is a delay in the distribution of inherited assets. This has the potential to cause conflict. The formulation of the problem in this research is how to implement the use of heritage rice fields in rotation among the Mayapati Village community. The aim of the research is to examine through Islamic law and customary law the rotational use of inherited rice fields in the Mayapati Village community. The type of research is field research with data collection through interviews, observation and documentation. This research is also normative legal research with a qualitative approach, namely data obtained through library materials such as books, documents or statutory regulations related to the problems that occur. Descriptive in nature, that is, the problem is formulated according to the facts that occurred. According to customary law, inherited rice fields are used in rotation according to a collective system. According to the view of Islamic law, inheritance should be divided based on the parts regulated in the text. Referring to the Compilation of Islamic Law, the rotational use of inherited rice fields which is in accordance with Islamic Law is only inherited collectively, in accordance with property rights in Islamic law, namely ownership for the benefit only or haqqul intifa', while the rotational use of rice fields is not in accordance with work regulations. with muzara'ah.

Disparity in Supreme Court Decisions and Medan Religious Court Decisions Regarding the Determination of Heirs

The Supreme Court, through Decision Number 485 K/Ag/2013, issued a decision regarding determining the inheritance rights of non-Muslim heirs through the 'aṣabah sababiyah route. The legal basis regarding 'aṣabah sababiyah is not contained in the marriage law or the compilation of Islamic law. In its decision, the Supreme Court referred to the 'aṣabah sababiyah theory of Egyptian inheritance law. This decision is a legal effort based on the decision of the Medan Religious Court Number 751/Pdt.G/2011/PA.MDN, which stated that, in inheritance law, the number of ulama agreed to require that heirs and heirs must have the same religion, namely Islam. This problem is interesting to study in more depth through the views of the Medan Religious Court judges and analyze based on a progressive legal perspective. This research is empirical legal research with a qualitative approach, and data collection in this research uses observation, interview techniques, and then analysis. This research found that 'aṣabah sababiyah is an asabah in the class of heirs, which occurs because of freeing both male and female slaves. The views of the Medan Religious Court judges regarding Supreme Court decision Number 485 K/AG/2013 concerning the Determination of the Heirs of 'Ashabah Sababiyah are in two groups, namely accepting the decision and rejecting the decision. If the disparity in the decisions of the Supreme Court and the Medan Religious Court in determining heirs of different religions is viewed based on progressive law, then Supreme Court Decision Number 485 K/AG/2013 is closer to the value of legal progressivity because one form of application of progressive law by judges is to realize social justice through the method of legal discovery by placing social justice in society above statutory regulations.

Artificial Intelligence and the Law: The Use of Artificial Intelligence as a Tool to Assist Judges in Deciding Polygamy Cases

This research aims to discuss the relationship between Artificial Intelligence (AI) and law. The emergence of the idea of using AI as a tool to analyse judges' decisions has generated mixed responses. On the one hand, the use of AI can be used as a tool to objectively ensure legal certainty, but on the other hand the use of AI can displace the legal supremacy of judges in court. This attracts the author's attention to examine the use of AI in analysing legal cases and as a consideration for judges in deciding polygamy cases. Polygamy itself is a very complex case in court. Judges' considerations in deciding polygamy cases do not only consider procedural aspects, but also involve substantial aspects related to the cumulative and alternative conditions of polygamy. As a chatbot-based platform, AI certainly has limited access in analysing the legal complexity in polygamy cases. This research focuses on the analysis of AI in analysing polygamy cases both in terms of legal basis and justice. This research method is normative with a conceptual legal approach, data is obtained by netnography using the ChatGPT/OpenAi platform and analysed using the content analysis method. The results showed that there were two aspects that were considered by the judge in the AI version of the polygamy case. First, the juridical aspect which is based on the polygamy provisions in the Compilation of Islamic Law. The second aspect is the social aspect based on gender justice. In addition to presenting the essence of several laws and regulations, AI also provides complex social analyses with a gender justice perspective with simple and straightforward sentences. However, this does not mean that AI can be an absolute and stand-alone consideration in polygamy licence cases. AI is only a complement that makes it easier for judges to analyse cases. This is because the judge's involvement in cognitive and psychological aspects is still needed in interacting with litigants in court.

Legal Determination of Husband's and Wife's Disobedience in Shia Law and the Islamic Law Compilation: A Comparative Study

Disobedience between husband and wife (nusyuz) in marriage remains a problem in contemporary Muslim society today. The theoretical argument developed so far is that there are different provisions regarding norms of disobedience between husband and wife in marriage in Islamic society. This research analyzes the problem of disobedience between husband and wife called nusyuz by comparing two different laws, namely the Islamic Law Compilation and the Shia Tafsir book by Nashir Makarim al-Syirazi, as the basis for Shia Law in Iran. The selection of these two laws is based on the argument that they have differences regarding the concept of nusyuz. The research method takes normative Islamic law. The approach uses a legal synchronization, conceptual, comparative, and historical approach. The research results show that the compilation of Islamic law only regulates the nusyuz of wives towards husbands, including punishment for wives, and not vice versa. Meanwhile, Shia law regulates the nusyuz carried out by both husband and wife, including punishment for each husband and wife who commits nusyuz. The basis of legal philosophy used in determining Shia law is equality of justice between humans in the law (murā'āt al-'adālah wa 'adamu tafrīq baina al-nās), as in the Shia Tafsir book by Nashir Makarim al-Syirazi. Therefore, it is necessary to reinterpret the nusyuz law to update Islamic law in the contemporary era.

Urgensi Penetapan Hakim Atas Permohonan Itsbat Nikah Sebagai Solusi Memperoleh Hak Identitas Hukum

Marriage without a marriage certificate will have many consequences related to the various rights of the wife and the right to provide for the children born from her mother's womb, both material and immaterial that must be received in marriage, as well as rights to property owned while in the marriage. Marital life itself, as well as matters relating to rights relating to third parties. Such a marriage situation will experience problems when dealing with marriage documents as authentic proof of marriage. In this context the breakthrough of itsbat marriage law which was never found in Law Number 1 of 1974 was appreciated by the Compilation of Islamic Law / KHI precisely in the provisions of article 7 paragraphs (1), (2), (3) and technically formulated by the procedural guidelines chapter in PA/Society, that the rules for legalizing marriage/itsbat marriage, are made based on marriages held based on religion or not being recorded by the authorized VAT. Responding to the legal needs of Muslims regarding ownership of a marriage book, namely for married couples who are married religiously but whose legal certainty is doubtful in the eyes of the law. The itsbat marriage referred to in this study is the legalization of marriages by the Religious Courts according to their respective jurisdictions. The determination of itsbat of marriage by the Surabaya religious court is very urgent for legal certainty of husband and wife marriages that have not been registered at the Office of Religious Affairs (KUA).

Between Conservatism and Progressivism: The Young Penghulu in East Java's Legal Paradigm Addresses Disability Issues in Marriage

The legal knowledge of penghulu on disability issues determines how to implement laws that advocate for persons with disabilities. This paper traces the legal paradigm of seven Penghulus in East Java who were newly inducted in 2022 against several articles in the Compilation of Islamic Law (KHI) that touch on disability issues. Some of the themes tracked are marriage guardians (article 22), marriage witnesses (article 25), and polygamy (article 57). It is an empirical study using conceptual and philosophical approaches. This article finds that most young East Javanese penghulu still need an advocate interpretation paradigm because they read the articles authentically and grammatically, not sociologically or teleologically. The benefit (maslahah) aspect of these articles is also considered to look more authentic. Therefore, the argument of advocates for the rights of persons with a human rights perspective is not widely involved. As a result, persons with disabilities who are guardians of marriage, witnesses of marriage, and wives can become victims of neglect of fundamental civil rights in marriage. It is where the conservative paradigm of the young penghulu comes into being strong and dominant. The existence of the progressive paradigm is also buried and framed in the current conservative paradigm. This finding is certainly an important note about how the government indirectly shapes the contestation of conservative and progressive paradigms in family law.

Implications of the Law of Religious Moderation on Interfaith Marriages

This research examines the implications of religious moderation on interfaith marriages in the city of Manado. The method used is qualitative with a case study approach; data collection is through observation, interviews, and documentation, which is then processed using the triangulation method. The findings show that religious moderation indirectly influences the sustainability of interfaith marriages in Manado. The implications are realized in the form of religious moderation, which aims to eliminate or minimize violence in the name of religion and uphold diversity through upholding the values of tolerance, thereby increasing guarantees for the continuity of interfaith marriages. These implications become more complex than the laws governing interfaith marriages, especially the Marriage Law (UU Number 16 of 2019) and the Compilation of Islamic Law (KHI). The implications of religious moderation in interfaith marriages underscore the need for legal transformation that recognizes religious diversity as a social asset, encourages interreligious dialogue, and ensures that legal regulations do not hinder individual religious freedom. Encouraging policy reforms that respect differences in beliefs is crucial in creating inclusive spaces and respecting human rights in interfaith marriages.

Legal Distribution of Inheritance Rights to Children Out of Marriage According to the Civil Code and the Compilation of Islamic Law

This research is motivated by Article 171 KHI and Article 832 of the Civil Code concerning inheritance groups, it is explained in these articles that people or families who are entitled to receive inheritance include 15 groups of men and 10 groups of women, which groups are the closest people to the heir. According to Islamic law, a child out of wedlock, whether a child of adultery or li'an, is not entitled to inherit from his father's lineage and vice versa if the child out of wedlock dies, then the father cannot inherit from the child. However, when viewed from a humanitarian point of view, he can still receive inheritance from his father, but not by dividing the inheritance of children in general, but by grants, and the share may not be more than 1/3 of the inheritance. Meanwhile, according to civil law, a child out of wedlock gets a share of his father's inheritance as much as 1/3, ½, and ¾ of the share of a legitimate child depending on what class of heirs the child lives together after the heir dies. As for the source of Islamic inheritance law which is used as a guideline in the distribution of inheritance, it is listed in the Qur'an in the letter An Nisaa verses 7, 11, 12 and 176, and in the letter An Naml verse 16. Meanwhile, civil inheritance law is regulated in book II concerning objects (Van Zaken) which contains object law (Zaken Recht) and inheritance law (Erfrecht).

Hak Waris Anak Dari Perkawinan Beda Agama

Interfaith marriage is a marriage between a man and a woman who have different beliefs. Interfaith marriage is one of the events that often occurs in Indonesia, because Indonesia has a variety of races, tribes and religions. The impact arising from interfaith marriages is the problem of children's inheritance rights and the position of children from interfaith marriages. The results of this study according to the Civil Code children born from interfaith marriages have the right to become heirs and the position as a child is still recognized through civil relations with the mother while according to KHI children born from interfaith marriages are not entitled to inheritance rights unless the testator gives through grants or wills. This research uses normative legal research methods with a research approach in the form of legislation, the Civil Code (KUHPerdata) and the compilation of Islamic law (KHI).

Pencegahan Perkawinan Oleh Wali Nasab Dalam Putusan Pengadilan Agama Selong Kelas 1 B

Marriage laws in Indonesia for the Muslim community are regulated in the Compilation of Islamic Law (HKI). It does not rule out the possibility that disputes may arise during the marriage process. Two people who love each other and want to carry out the orders of Allah and His Messenger, also want to realize article 3 in the Compilation of Islamic Law, are prevented by their own lineage guardian because they do not agree with their child's marriage. This conflict occurred because there was a gap in legal remedies for family guardians who did not agree with their child's marriage, as well as legal remedies for women whose guardians were reluctant to become guardians for their marriage. This article is field research using qualitative research methods that are descriptive analysis. The approach used in this research is a case approach. The object of study in this article is the decision of the Selong Religion regarding the prevention of marriage by lineage guardians. The prevention of marriage carried out by the nasab guardian in the decision of the Selong Religious Court was due to the fact that the nasab guardian did not want his child to be used as a second wife or polygamous, in the process of escape or extramarital affairs carried out by the groom which was not in accordance with the customs applicable in the bride's area, and between the bride and groom. men and women are not equal. These three cases were not a valid reason for the nasab guardian to prevent the marriage of his child from the perspective of the Compilation of Islamic Law (KHI), so the request was rejected by the panel of judges.

Legal Analysis Of Successor Heirs In Positive Law And Islamic Law

This study is intended to find out more in the provisions in the compilation of Islamic law and Civil Law, on the status successor heirs. Because there is a slight difference, if in BW replacement is no limit, then in KHI explained that this replacement only comes to grandchildren course, therefore there is a contradiction between the provisions of the expert successor inheritance in the compilation of Islamic law with Civil Law (BW). The study was conducted qualitatively using the juridical-normative approach. Approach normative done by researching library materials includes research on the principles of law, Systematics law, comparative law and legal history. The Data obtained by the documentation technique is then performed inductive analysis, where after the data collected then the next step is to analyze the data that is a way to search and systematically organize records of results interviews, observations and more. The results of this study can be explained that the law of inheritance according to the compilation of slam law stated that grandchildren have the right to replace the position his parents died before heir, although the share of grandchildren is not always as big his parents. The share of grandchildren should not exceed the share other heirs equal to the one he replaced. As for provisions in the law of inheritance according to civil law that not only grandchildren have the right to take the place of people the old man who died but also a nephew and also siblings can be replaced by his children.

Reasons For Divorce in The Compilation of Islamic Law: An Overview of Islamic Legal Psychology

This article aims to reveal the reasons for juridical divorce and further reveal the psychological factors contained in the reasons for divorce in the Islamic Law Compilation. Through a psychological approach (psychological approach) and legislation (statute approach), the authors analyze descriptively and analytically based on materials collected through literature study. The result is that the reasons for divorce as stated in the KHI show the existence of psychological relationships such as mental readiness, the level of maturity and maturity of thought and accuracy in making decisions when having to divorce a partner. That in the reasons for divorce there are psychological factors that directly influence the occurrence of divorce.

Perjanjian Perkawinan Perampam Dene Dalam Adat Gayo: Kajian, Praktik, Dan Faktor Keberlangsungan

Customs are considered outdated by the younger generation. However, there are some Gayo customs that are still strong and being maintained. One of them is the marriage agreement of perampam dene in the Gayo custom. Until nowadays, the marriage agreement of perampam dene is still being implemented. Whereas the Indonesian people already have very vital rules regarding marriage agreements. Provisions regarding marriage agreements are contained in Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI). Based on the results of the study, it is concluded that: first, perampam dene is carried out by the Reje receiving reports and giving advice to the family (temerap mulo). Sarak Opat consults and analyzes the chronology of events. Next, define the actions to solve the problem. Petue and the imem of the village mediate between families to get a reconciliation agreement. If there is a violation, Reje will return to act and deal with it. If it is not completed at the reje level, it continues to the level of mukim, if it is not completed at the mukim level, it can be brought to positive law for customary considerations. Second, the continued implementation of perampam dene is intended to accomplish marital harmony, conformity of perampam dene with Islamic teachings, and create order in society.

The Legal and Human Rights Challenges of Interfaith Marriage in Indonesia

Objective: This research aims to analyze the legal rules on interfaith marriage in Indonesia in relation to human rights, and whether there are any aspects of human rights violations or conflicts arising from the absolute prohibition of interfaith marriage without exception, as clarified by the Supreme Court Circular (SEMA) No. 2 of 2023, which provides a more detailed interpretation of the rules in the Marriage Act No. 1 of 1974 and the Compilation of Islamic Law (KHI) No. 1 of 1991. Theoretical Framework: The right to freedom of religion and the right to form a family are integral aspects of human rights and also Islamic teachings. The absolute prohibition of interfaith marriage by the Supreme Court Circular (SEMA) No. 2 of 2023 is considered by some religious followers to be in conflict, thus encountering resistance from a segment of society. The theories of the Universal Declaration of Human Rights (UDHR), pluralism of applicable legal rules, and differences in the understanding of religious figures themselves are utilized as foundational theories to examine challenges to the implementation of law and the UDHR in Indonesia, determining whether these legal rules still leave room for conflicts. Method: The study employs a normative legal research methodology. Data is acquired through an extensive review of relevant legal frameworks, doctrines, and pertinent literature. The acquired data is then subject to qualitative analysis techniques for thorough examination and interpretation, ensuring a comprehensive understanding of the subject matter. Results: The findings of the study indicate that the legal rules on interfaith marriage in Indonesia have the potential to cause several aspects of human rights violations or conflicts, especially the right to freedom of religion and the right to form a family. This is because these rules restrict the individual's freedom to choose a religion and form a family with someone of a different religion without exception. The absolute prohibition of interfaith marriage, as upheld by SEMA No. 2 of 2023, further exacerbates these concerns by creating a legal vacuum that leaves interfaith couples without legal recognition and protection. Conclusion: One of the primary functions of law and regulations is to safeguard society, protect their rights, and regulate human activities fairly to achieve harmony and prosperity in the life of the nation and state. However, this objective will not be achieved if the legal rules in place still leave injustice and a lack of protection for the fulfillment of citizens' fundamental rights. Therefore, further regulation is needed to find solutions to overcome this problem. The adoption of a more nuanced approach to interfaith marriage, one that respects individual rights and accommodates religious diversity, would be a significant step towards ensuring human rights protection in Indonesia. For instance, providing dispensation for Muslim men to marry non-Muslim women (Christian or Jewish) if they are deeply in love, approved by both families due to their belief in living harmoniously and peacefully. There is concern that the intense love shared between them might lead to one of them taking their own life if separated, or due to the difficulty of finding a Muslim woman in non-Muslim-majority countries when the man is studying abroad, among other reason.