Indonesian Religious Courts Research Articles

Unregistered Polygamy Validation: Isbat Nikah, Polygamy Permit, and Due Process of Law in Indonesian Religious Courts

This article probes whether methods of validating unregistered polygamy in Indonesian Religious Courts have honored the due process of law. Judges have adopted two different methods in validating unregistered polygamy: first, by ordering concerned parties to apply for the issuance of a retroactive marriage certificate (isbat nikah), and second, by advising them to submit a polygamy permit application. Using the sociolegal approach in examining Ratio Legis and selected cases on unregistered polygamy validation across Indonesia, it finds that the existing methods have impacted protecting women’s and children’s rights and marriage law objectives. Opting for isbat nikah means perpetuating violations of the marriage law provisions and objectives, which restrict polygamy through court proceedings to be orderly administration and protect women’s and children’s rights. Meanwhile, requiring unregistered polygamists to remarry by applying for a polygamy permit could impact wives’ rights who are married without registration and their children’s. The 2018 Supreme Court’s Circular prohibiting the Religious Court from accepting applications for isbat nikah of unregistered polygamy shows its tendency to the formal application of the marriage law provisions. Even so, judges adopt the contentious isbat nikah to legalize unregistered polygamy, mainly when the parties involved accept their polygamy and live peacefully. This bottom-up approach arguably better meets the principles of fairness because all legal rights owed to concerned parties are respected.

Substantive Reasoning of Religious Court Judges in Granting Compulsory Will Rights to Non -Muslims

The main problem of this study is related to the concept of Wasiat Wajibah which is not yet known in classical fiqh and the absence of provisions in Indonesian law that can be used by judges in granting the right of Wasiat Wajibah to non-Muslims. This study aims to analyze the substantive reasoning used by Indonesian religious court judges in resolving complications that occur through judicial decisions. This research uses a content analysis approach. The data source used is Decision Number 263/ Pdt.G /2007/ PTA.Sby . The decision was analyzed using the content analysis method. The data used is secondary data consisting of primary legal materials in the form of Wasiat Wajibah decisions of the Indonesian Religious Courts, as well as secondary and tertiary legal materials. The data was analyzed using a qualitative normative analysis method. The results of this study indicate that the substantive reasoning used by the judge in his decision is first, consideration of the maslahah perspective to maintain the five elements of Sharia: protection of religion ( hifzu'd -din), protection of the soul ( hifz 'un -). nafs ), maintenance of reason ( hifz al- akl ), protection of wealth ( hifz-i mal), protection of offspring ( hifz-i nasl ).

INTERPRETATIONS OF NAFKAH, GENDER RELATIONS, AND MOTIVATIONS FOR DIVORCE: A CASE STUDY OF DIVORCE LAWSUITS AT THE KEDIRI CITY RELIGIOUS COURT

The phenomenon of high divorce in Indonesian religious courts or Muslim communities causes government anxiety and raises cynical public opinion. Economic considerations are frequently referred to as the excuse for the wife's lawsuit. Data from the Kediri City Religious Court shows that there is a tendency for wives to file for divorce first. Not without justification, it is frequently prompted by the husband's perceived inability to satisfy the wife's requirements. The use of nafkah reasons in divorce can reveal that there is a contradictory tendency; on the one hand, women tend to charge a nafkah to men, and on the other hand, there is a tendency not to charge a nafkah to men or are willing to work to make ends meet. Divorce may not be a factor in limited economic conditions, but the perception of nafkah obligations imposed on husbands. It is critical to recognize that attempts to avoid divorce cannot be based just on economic empowerment but rather on cultural and religious ideas on partnerships and the separation of husband and wife roles. , this article examines the relationship between a contested divorce and economic conditions and perceptions of gender relations in the family, especially in earning a nafkah, to clarify this contradiction. Using a phenomenological approach. The economic reasons that have led wives to divorce are solely due to emptiness and even an emotional drought of love between husbands' wives. The indulgence of husband and wife in dividing household roles from transitional to egalitarian ideology also requires attention and respect for each other.

Understanding the Implications of Marriage Law Amendments: Marriage Dispensation Cases in Indonesian Religious Courts

Understanding the Implications of Marriage Law Amendments: Marriage Dispensation Cases in Indonesian Religious Courts

HAK WARIS ANAK LAKI-LAKI DAN PEREMPUAN DI NEGARA-NEGARA MUSLIM

Conflicts between heirs are often caused by the desire to get an excess portion, which creates a sense of injustice and can lead to conflict. This has been proven by the high demand for mediation and lawsuits regarding inheritance in Indonesian religious courts. This research aims to answer questions related to regulations regarding the distribution of inheritance between male and female children in Muslim countries, including Indonesia. The type of research used in this research is normative juridical research (doctrinal legal research) and uses the form of library study research, by reviewing literature that is relevant to the theme being discussed. This research is descriptive-comparative in nature by explaining legal regulations and comparing inheritance rights for sons and daughters in Muslim countries. The results of this research are that the concept of Li Az-Zakari Mitslu Hazzi al Untsayain the Qur'an has become a permanent guideline in the division of inheritance, so that the regulation of 2:1 distribution of inheritance between sons and daughters is widely implemented by Muslim countries. such as Indonesia, Malaysia, Egypt, Morocco, Jordan and Tunisia. Several Muslim countries tend to maintain the provisions in faraid law regarding inheritance distribution. This is different from the distribution of inheritance in Turkey where the ratio of inheritance between sons and daughters is 1:1. The comparison of inheritance in Turkey is influenced by the factor of equal rights between men and women regarding inheritance rights.

The Urgency of Determining the Post-Divorce Iddah Payment Period in Indonesian Religious Courts

<p>This study aims to provide legal justice for women after divorce. The determination of the period of payment of iddah income after divorce by the ex-husband to the ex-wife is very important because women who are carrying out the iddah period are not allowed to leave the house. For this reason, husbands are encouraged to provide iddah as stated in the word of Allah surah al-Thalaq:1. But, after divorce, the man disappears regardless of his ex-wife, besides that the policy on determining the period of payment of iddah income has not been regulated in the legislation or the compilation of Islamic law. So this research is important to be carried out as an effort to realize justice for women. This research is a literature research (Library research), which is a study that presents a variety of data by the research topic which includes primary data, namely the concept of iddah in the compilation of Islamic law which will be analyzed using Islamic legal theory. The results of the study that the determination of the period of payment of income is very important to be stated in the laws and regulations in Indonesia. Because the obligation to practice iddah will also be carried out if the ex-wife does not experience any deficiency Even the state can determine sanctions for ex-husbands who do not provide iddah to ex-wives. Sanctions provide a deterrent effect and encourage husbands to comply with their obligations fairly and responsibly.</p><p align="center"> </p>

Child Protection Post the New Marriage Law: How Indonesian Religious Court Interpreting the Urgency in Child-age Marriage

The amendment of the Law of Marriage in 2019 introduces the new concept of Dispensation of Marriage by providing some additional provisions: the obligations to provide the urgency of marriage and the specific supporting evidence in proving the urgency. This article aims to examine the interpretations of judges in Religious Court on defining the urgency of child-age marriage and the implementation of the supporting evidence in cases of Dispensation of Marriage. Based on the identification, the author analyzes the main questions about the protection of children's rights on those interpretations. Based on the normative legal research that examines the Rulings of Religious Court on the case of Dispensation of Marriage, this article uses the Nonprobability Sampling techniques, specifically the purposive sampling which refers to certain criteria, the author finds the inconsistencies in the interpretation of the urgency of marriage and the implementation of providing the supporting evidence, which influenced by 2 (two) factors, the Formal Regulation and the principle of judge’s independence. As a result, the author suggests detailed regulations regarding the supporting medical evidence, as well as the improvement of comprehensive and equal understanding for judges about the concept of child protection. Comparing to previous studies, this article shows its originality through a broader object study and comprehensive research analysis with more emphasis on juridical aspect, therefore that arguments and conclusions are built on a strong analytical foundation.

Religious Courts in Indonesia and Malaysia: History, Structure, and Jurisdiction

As Muslim-majority countries, Religious Court plays an important role in resolving disputes among Muslims both in Indonesia and Malaysia. This doctrinal legal study employs comparative approach. Comparison is made between the Indonesian Religious Court and the Malaysian Religious Court, particularly in terms of history, structure, and jurisdiction. The result of this study shows that there are some commonalities and differences. Regarding the commonalities, Religious Courts from both countries have a long evolution in three various periods of history, both countries' Religious Courts are mostly organized into three levels, and they both share the same jurisdiction of the courts that only Muslims are subjected to their jurisdictions. For the differences, the history of Religious Courts in Indonesia and Malaysia were influenced by different colonials, all Religious Courts in Indonesia have an integrated and hierarchical structure, while in Malaysia, the structure is separated from one state to another, and the jurisdiction indicates that Indonesia has law uniformity, whereas Malaysia is not uniform in all states

The Perceptions and Tendencies of Judges Religious Court In Using the Kitab Kuning (Books of Fiqh) in Indonesia

This research investigates the judges’ perception and tendency to refer to the Books of Fiqh (Kitab Kuning). This research focuses on sharia economic dispute settlement in Indonesian religious courts. The research method used combines normative legal and empirical socio-legal research. The results found that the perception and tendency of judges towards several sources of legal rules in assessing, weighing, and deciding a sharia economic case in the Indonesian Religious Courts, did not always rely on one KHES as a material source. In Indonesian law, judges cannot use only one source in resolving sharia economic disputes, such as the Book of Fiqh (Kitab Kuning) only. However, it is an equally important combination, and it can be seen from several decisions of the Religious Courts in Indonesia.

Indonesian Religious Court Decisions on Child Custody Cases: Between Positivism and Progressive Legal Thought

Indonesian judges of Religious Court in deciding child custody cases have different legal reasoning. Some preferred to use juridical reasoning and others use progressive and sociological reasoning. This different legal reasoning causes various insights in the meaning of justice for child custody. This study aims to analyze the positivistic and progressive Islamic legal thought in judges' decisions of child custody cases. This is normative legal research with statutory and case approaches. The legal material is six judges' decisions and is supported by books, scientific article, statutes, and interview. Then, it is analyzed by content analysis. The result states that judges who use textual reasoning tend to decide that child custody is the mothers right, referring textually to an article 105 of the Islamic Law Compilation. Meanwhile, the other judges who prefer to contextual reasoning, decide that child custody is the fathers right. The textual reasoning is steered by legal-positivism: logical coherence of the text is the main method in concluding decision. The contextual reasoning is driven by sociological as well as critical-progressive thought: deconstruction of legal text, contra legem approach by qiyâs (analogy) and istiḥsân (legal teleology), to produce the justice values based on child interests and parents conditions.

PROBLEMATIKA PASAL 174 AYAT (2) KOMPILASI HUKUM ISLAM: TINJAUAN TERHADAP DASAR-DASAR HUKUM YANG MENDUKUNGNYA

This discussion describes the problem of inheritance of girls who spend all of their parents' inheritance, this problem arises when the Qur'anic verse clearly states that the share of inheritance for girls if they are not accompanied by boys will only get half if they are alone, while if two or more get two-thirds. of the total inheritance. The Compilation of Islamic Law (KHI), which is the main reference for the Indonesian Religious Courts in resolving inheritance problems for Indonesian Muslims, requires daughters to spend the entire inheritance, after the share of the father, mother, husband or wife. This is generally illustrated in Article 174 paragraph (2) of the KHI, so that the existence of this article seems to be very contrary to the qath'i argument that states the inheritance share of girls. The purpose of this paper is to describe the existence of Article 174 paragraph (2) of the KHI in resolving the inheritance problems of girls in Indonesia, precisely in the Religious Courts, as well as the legal arguments that support it which are certainly in the Islamic legal order. Based on the discussions that have been carried out, it was found that the application of Article 174 paragraph (2) as intended has often occurred in the Indonesian Religious Courts, this started from the Supreme Court Decision No. 86 K/AG/1994 and No.184 K/AG/1995 which are the forerunners of every existing decision. Then the supporting arguments are also very numerous, starting from the opinion of Ibn Abbas ra, the opinion of the Shia School, the opinion of an Islamic scholar, namely Muhammad Syahrur and also Hazairin who is an expert on Islamic inheritance in Indonesia.

PERBANDINGAN TUGAS MEDIATOR PADA PENGADILAN AGAMA INDONESIA DENGAN MAHKAMAH SYARIAH MALAYSIA

Article 3 (2) Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures, Case Examining Judges in the consideration of a decision must state that the case has been pursued peace through mediation by mentioning the mediator. The court is not only tasked with examining, trying, and resolving cases it receives but also seeks to reconcile the parties. The court, which has been impressed as a law enforcement and justice institution, now appears as an institution that seeks peaceful solutions for the parties. The implementation of Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Courts can be an eff ort to resolve civil disputes so that the settlement of civil disputes through mediation is the main choice. The research method used is normative legal research which includes research on legal principles which is very basic in guided law. The nature of the research carried out is descriptive, namely research that describes and explains in clear and detailed sentences. The data used are secondary data obtained from literature, consisting of primary, secondary, and tertiary legal materials. Processing and data analysis used qualitative methods. The defi nition of mediation according to the Religious Courts in Indonesia and the Syari’ah Courts in Malaysia is the eff ort of the judges and courts to reconcile the parties so that the divorce process does not continue at the next trial. When the mediation process was carried out at the Indonesian Religious Court and the Syari’ah Court in Malaysia, there was a similarity, namely the mediation process was carried out at the fi rst trial and it was an obligation for the disputing parties in a divorce case to take mediation. according to the procedure for the appointment of mediators at the Indonesian Religious Courts and the Syari’ah Courts in Malaysia and the appointments of these mediators are both made by the judges.

Access to Justice for Women and Children in Divorce Cases in the Indonesian Religious Courts

This research aims to investigate access to justice for children and women in the Religious Court Decisions after the issuance of Circular Letter of Supreme Court No. 4 of 2016, Point 5 on Religious Chamber. This particular point states that the Religious Court can require a father to provide child maintenance if the child is under the custody of the mother. This is a normative study, with the data obtained from interviews and 150 Religious court decisions. These decisions are issued by the Religious Courts of East Jakarta and Central Jakarta from 2015-2017. The examination of those Decisions reveals that most of the decisions on divorce do not mention any stipulation about child maintenance. This means that the Supreme Court Circular No. 4 of 2016 has not been able to protect children rights in the case of divorce, as well as women’s rights. From the court used in this study, only 14% that require the fathers to provide child maintenance after divorce. This percentage is almost similar to the decisions issued before the issuance of the Circular, which only 12% in 2016, and 14% in 2017. AbstrakPenelitian ini bertujuan untuk mengetahui akses keadilan bagi anak dan perempuan dalam Putusan Pengadilan Agama pasca terbitnya Keputusan Mahkamah Agung Nomor 4 Tahun 2016 Poin 5 tentang Kamar Beragama. Dalam poin khusus ini disebutkan bahwa Pengadilan Agama dapat meminta seorang ayah untuk mengasuh anak jika anak tersebut berada di bawah asuhan ibunya. Penelitian ini bersifat normatif, dengan data diperoleh dari wawancara dan 150 putusan Pengadilan Agama. Putusan-putusan tersebut dikeluarkan oleh Pengadilan Agama Jakarta Timur dan Jakarta Pusat dari tahun 2015- 2017. Berdasarkan pemeriksaan terhadap Putusan tersebut, sebagian besar Putusan perceraian tidak menyebutkan ketentuan tentang pengasuhan anak. Artinya, Surat Edaran Mahkamah Agung Nomor 4 Tahun 2016 belum mampu melindungi hak anak dan hal perempuan dalam kasus perceraian. Data pengadilan yang digunakan dalam penelitian ini, menyebutkan hanya 14% yang mewajibkan ayah untuk mengasuh anak setelah perceraian. Persentase ini hampir sama dengan keputusan yang dikeluarkan sebelum keluarnya keputusan tersebut, yaitu hanya 12% pada 2016, dan 14% pada 2017.

Legal Aid Post Services at the Indonesian Religious Courts during the COVID-19 Pandemic

The spread of the Corona Virus Disease 2019 (COVID-19) has been declared as a health and economic emergency that has an impact on social life, including Legal Aid Post services at the Indonesian Religious Courts. This study aims to analyze the types, forms, and methods of Legal Aid Post services at the Religious Courts and the level of public access to the Religious Courts during the COVID-19 pandemic. This research uses an empirical juridical method with a qualitative approach. Descriptive and exploratory analysis are carried out to identify Legal Aid Post services at the Religious Courts in providing judicial access to the public. This study also uses purposive sampling before conducting in-depth interviews with several informants. These include Religious Court employees, advocates, and Legal Aid Post officers. The results show that the case registration services at the Legal Aid Post for the Religious Courts have been carried out in various forms, namely online through the E-Court application and manually by visiting the Religious Court. Thus, this study shows that Legal Aid Post services at the Indonesian Religious Courts during the COVID-19 pandemic have been carried out differently in various Religious Courts. AbstrakPenyebaran COVID-19 telah ditetapkan sebagai darurat kesehatan dan ekonomi yang berdampak pada kehidupan sosial, termasuk pelayanan posko bantuan hukum di Pengadilan Agama. Penelitian ini bertujuan untuk menganalisis jenis, bentuk, dan metode pelayanan Pos Bantuan Hukum di Peradilan Agama serta tingkat akses masyarakat terhadap Peradilan Agama selama periode COVID-19. Penelitian ini menggunakan metode yuridis empiris dengan pendekatan kualitatif. Analisis deskriptif dan eksploratif dilakukan untuk mengidentifikasi layanan Pos Bantuan Hukum di Pengadilan Agama dalam memberikan akses peradilan kepada publik. Penelitian ini juga menggunakan purposive sampling sebelum melakukan wawancara mendalam dengan beberapa informan, termasuk pegawai pengadilan agama, advokat, dan petugas Pos Bantuan Hukum. Hasil penelitian menunjukkan bahwa pelayanan pencatatan perkara di Pos Bantuan Hukum Pengadilan Agama telah dilakukan dalam berbagai bentuk yaitu secara online melalui aplikasi E-Court dan secara manual dengan mengunjungi Pengadilan Agama. Terkait tingkat akses, masyarakat yang mengakses Pengadilan Agama saat pandemi COVID-19 mengalami penurunan. Dengan demikian, penelitian ini menunjukkan bahwa pelayanan Pos Bantuan Hukum di Pengadilan Agama selama periode COVID-19 telah dilakukan secara berbeda di berbagai Pengadilan Agama.

WHY DID KOMPILASI HUKUM ISLAM SUCCEED WHILE ITS COUNTER LEGAL DRAFT FAILED? A Political Context and Legal Arguments of the Codification of Islamic Law for Religious Courts in Indonesia

Codification is a relatively new phenomenon in Islamic legal history. It intensified in the second half of the 20 th Century with the adoption of modern nation state by Muslims which eventually replaced the judicial function of madhhab . Thus, fiqh must transform into state-sanctioned law to remain relevant, as it is also an avenue to apply Islamic law in Indonesian Religious courts. This article aims at unveiling the process of codification of three statutes of Islamic family law, but with different result. While KHI was successfully enacted, CLD KHI failed after facing fierce opposition from Muslim community. The different fate of these two statutes is at least due to two aspects; time and content. KHI was enacted in 1991 when president Soeharto was courting Muslim groups for political supports in his New Order authoritarian regime. Its content is somewhat mirroring the 1974 Marriage Law. Drafts of CLD-KHI was circulated in 2004 after the fall of Soeharto in which free speech is a norm. Content wise, CLD KHI featured liberal interpretation of Islamic family law or even departure from it which is prone to opposition from various Muslim groups.

REFORMULATION OF MEDIATION IN DISPUTE SETTLEMENT ON ISLAMIC BANKING

Purpose of the study: The general objective of this study was to explore the potential of the mediation process as a reformulation of Islamic banking dispute settlement after the Supreme Court Regulation (SCR) on mediation procedure in the court. On the one hand, this study tries to find a repositioning of mediation procedures in resolving disputes over Islamic Banking in religious courts.
 Methodology: This research was normative and empirical. The data collection techniques of this literature would be done utilizing literature study and field research. Primary data was obtained through field research with interviews. The participants from Judges of Religious Court, Abdul Manan as a Judge of in the Supreme Court Institution, Islamic banking legal unit. Data were processed by a qualitative descriptive analysis technique. Secondary data used consisted of primary legal material sourced from SCR No. 1 of 2016 and the contract.
 Principal Findings: The mediation process as a reformulation of Islamic banking dispute settlement especially in the Religious Court is according to Article 2 Paragraph (1) SCR No. 1 of 2016. The repositioning of mediation procedures in resolving Islamic banking disputes in the Religious Courts applied by making changes as part of the case registration process implemented through honesty, fidelity, and justice.
 Applications of this study: This paper is essential for the parties to get the legal certainty in maintaining the continuing development of Islamic banking business, product development, risk management and efficiency of the bank. The study may be instrumental in helping to improve the development of the legal studies programs, notably the Islamic Economic Law. The results of this study will provide benefits for the religious court to improve its performance effectively and efficiently in dispute settlement through mediation.
 Novelty/Originality of this study: Determination of the mediation as reformulation of dispute settlement on Islamic banking post-enactment or issuance of the SCR No. 1 of 2016 and to find out about repositioning of the mediation procedure and proposing changes in the position (repositioning) of the mediation process and reaffirming the roles, duties and accountability of professional mediators or non-judge mediators so that it is expected that the role of non-judge mediators can active in resolving Islamic banking disputes both in procedures in the court or outside the courts applied at the Indonesian Religious Court. The contribution of this paper will be the revision of the curriculum of legal studies and Islamic Economic Law. The importance for researchers of the study is to develop and improve the capability of researchers for developing the law study program called Islamic Economic Law.

MENELAAH PELAKSANAAN PENGANGKATAN HAKAM PADA PERKARA SYIQAQ DI PENGADILAN AGAMA INDONESIA DAN MAHKAMAH SYAR’IYAH MALAYSIA

Syiqaq is a constant dispute and quarrel between husband and wife. To overcome the problem of syiqaq, then Allah SWT has arranged it directly in the Qur'an, the letter an-Nisa (4) verse 35, namely by adopting the hakam that comes from the family of each party to reconcile the two husband and wife. The implementation of the appointment of the rights applied in the procedural law of the religious court in Indonesia is not imperative, it all depends on the judge's judgment. Hakam in the Indonesian Religious Court only functions to reconcile the two parties (husband and wife) who are at loggerheads and not the authority to decide. So Hakam only serves as a mediator not an arbitrator. At the Malaysian Syar'iyyah Court, Hakam must obtain full authority from his principal. Husband may give full authority to the husband Hakam to pronounce divorce to his wife before the Court, and the wife can give full power to his wife Hakam to do khuluk or accept Lafaztalak before the Court.
 keywords: Hakam, Pengadilan Agama, Mahkamah Syar’iyyah

Sharia Business and The Challenge of Dispute Settlement in Indonesian Religious Court

Sharia economy is not new in the world of Islam. Development of sharia economic law in Indonesia begins with the emergence of islamic banking. The development of national and international economy that always moves quickly along with more wider challenges, should always be followed in responsively by national banking in carrying its functions and responsibilities out to the community. According to the sharia banking law in order to be categorized in the scope of islamic economics, it is determined by the fatwa of the Indonesian Ulama Council. This is due to the MUI as an institution that has the authority in the field of religion and related to the interest of Indonesian muslims. One thing that is interesting from the proliferation of business activities with Sharia principles is about its pattern of settlement of disputes is related with Religion Court jurisdiction. Religion Court is an institution that has authority to examine dispute settlement of sharia economy case in Indonesia. However, the law of civil procedure used in the Religious Court is still referring to procedureal law in the general court which is much criticized, because its complicated procedures and take a long time so it’s been very expensive. Based on the analysis, the development of sharia economic system is basically the demands of the business world, which has the fast-moving character, however, development of sharia economy of which is not accompanied with its own substance of law, especially the procedural law that works to resolve disputes, so that, on its turn, it will lead to the obstacle for the sharia economic development itself, in which the condition is contrary to the principle of simple justice, quick and low cost as stipulated in the provisions of Article 2 (4) of Law No. 48 Year 2009 on Judicial .

THE DEVELOPMENT OF INDONESIAN ISLAMIC LAW: A Historical Overview

Islamic Law is a set of promoted regulations adjusting human relationship to the Creator, human being and the environment based on Islamic doctrines. The Islamic Law has been established in Indonesia and effectively implemented in Indonesian Religious Court based on Law Number 7 of 1989. The law covers the areas of marriage, inheritance, will, bequest, benefaction and alms. In addition, especially in Aceh, with its peculiar feature, Islamic Law has been applied normatively, and in several areas it has been applied based on Local Regulations. However to perform the Islamic Law, it depends on faith and piety of the members of Islam. Thereby, although the formal law in juridical manner of Islamic Law in Indonesia was justly applied in limited civil law, however the Muslim society have stepped forward in applying Islamic Law in various Islamic social institutions.

ISBAT NIKAH DALAM PERSPEKTIF KOMPILASI HUKUM ISLAM HUBUNGANNYA DENGAN KEWENANGAN PERADILAN AGAMA

As one of the executors of judicial power in the courts in the Indonesian Religious Court is given the jurisdiction over civil causes of Islam, one of which is in the field of marriage. As an Islamic court, the substantive law that is used Islamic law, then it is often defined as fiqh, which are certainly vulnerable difference. To bridge differences and to create legal certainty, as well as to realize the Islamic law, then Compilation of Islamic Law (KHI) was born which positively main themes of Islamic law in Indonesia and as one of the law applied in the Religious Court. Especially with regard to matters of marriage is a matter of legalization of marriage in Islamic Law Compilation qualified as a remedy called "the isbat of marriage". Of a jurisdictional basis isbat marriage cases as authority Religious Court Compilation of Islamic Law is one of the sources of law which raised more detailed reasons filing. Although the Compilation of Islamic Law is not included in the hierarchy of legislation. However, in order to fill the legal vacuum, the provisions governing the confirmation of marriage is considered as a policy that is needed by the religious court as justice of Islam in Indonesia.