Compilation Of Islamic Law Research Articles

G Gender Analysis: of Polygamy Permit Based on the Reason of Benefit

Case Number 0779/Pdt.G/2019/PA.Pwt is interesting to discus because int his case, the applicant's first wife allowed her husband to practice polygamy despite the fact that she can carry out her obligations as a wife, give birth, and she is not disabled or suffering from an incurable disease ( as the conditions contained in the Compilation of Islamic Law). The purpose of this paper is to examine the maslaha of the first wife in allowing polygamy. This research is classified as normative legal research, with a case study approach and some literature reviews derived from laws and regulations, books, official documents, journals, and research findings. The data sources used in this research are primary, secondary, and tertiary data sources. This research shows that the judge's consideration is based on the main reason of the applicant, husband, for asking polygamy because his wife is deemed unable to fulfill his Biological needs regularly which only fulfill for once or twice per week. Because of this, the court argue that the applicant’s proposal for polygamy has satisfied the provisions of Article 4 paragraph (2) letter A of Law No. 1 year 1974 concerning Marriage which is in line with the provisions of Article 57 letter A Compilation of Islamic. From the gender analysis, the decision did not show justice for the respondent, it was normal for biological relations to be fulfilled twice in one week, but the judge did not see the side of the applicant who experienced hypersex, however, the respondent still stated that he did not mind polygamy.

The Timing Analysis of Inheritance Distributions in the Compilation of Islamic Law

The Timing Analysis of Inheritance Distributions in the Compilation of Islamic Law

Penerimaan Dispensasi Kawin di Pengadilan Agama Kepahiang Kelas II Perspektif Maqashid Syariah

This study discusses what factors are used as reasons for requesting a marriage dispensation at the Kepahiang Religious Court, the legal basis that the judge considers in granting the marriage dispensation and maqashid sharia review of the marriage dispensation at the Kepahiang Religious Court. This type of research is a type of field research using a qualitative descriptive approach. The research data was taken directly from the research location and the data was obtained using interview, observation and documentation methods. After the data has been collected to analyze the data collected in this study, descriptive-analytic analytical techniques are used, namely to describe all the things that are the focus of this research. The results of the study areThe reasons for the dispensation of marriage are:pregnant out of wedlock, already had intercourse (adultery) and worried about adultery. The legal basis used by the judge is:(UU) of the Republic of Indonesia Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage,Compilation of Islamic Law and Perma Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Dispensation of Marriage. Meanwhile, the judge's consideration apart from containing juridical aspects must also be considered sociological and psychological aspects to realize benefit. As for the review of Maqashid Syariah, this is part ofhifzh nasl (maintaining offspring) where this principle emphasizes the principle of the best interests of the child because the person applying for the dispensation of marriage is still underage and it is feared that it will have an impact on their offspring.

PEWARISAN HARTA DI MINANGKABAU DALAM PERSPEKTIF KOMPILASI HUKUM ISLAM


 
 
 
 Inheritance of inheritance in Minangkabau is viewed from the collection of Islamic law. The results of this research show that there are several similarities and differences between the Minangkabau Traditional Heritage Book and the Islamic Law Book. The similarity lies in the concept of inheritance of inferior inheritance, and in the Islamic legal system, inferior inheritance is included in inheritance because it is included in milk al-raqabah. The next similarity is inheritance with collective institutions. This is found in Articles 183 and 189 of the Compilation of Islamic Law. Finally, there is the issue of subsidies. is a subsidy that is included in Minangkabau customs. is actually a subsidy. Subsidies are included in Islamic law (fiqh). However, the difference with , the inheritance is large. Large inherited assets cannot be classified as inherited assets. From this we can conclude that the Minangkabau Customary Number wealth inheritance system is in accordance with Islamic law.
 
 
 
 

Analysis of the Rights and Obligations of Husband and Wife in the Compilation of Islamic Law: A Review from the Perspective of Gender Equality

Purpose – This research aims to identify the manifestation of gender injustice in the Compilation of Islamic Law, especially in the chapter on the rights and obligations of husband and wife.
 Methods – The research method used is library research with qualitative analysis.
 Findings – The analysis shows that Article 79 Paragraph 1 creates stereotypical gender roles by reinforcing the traditional roles of husband and wife. On the other hand, Article 79 Clause 2, and Clause 3 reflect the principles of gender equality and justice in legal rights. The husband's duties, as set out in Article 80, involve a guiding role and financial responsibility, with the issue of discrimination in women's education in Article 80 Clause 3. The wife's duties, as outlined in Article 83, create the potential for gender injustice through psychological pressure, with Article 83 Paragraph 2 indicating a double burden in managing household affairs. Finally, Article 84 Paragraph 1 highlights the potential for gender injustice in judging the wife as nusyuz (defiant), creating inequality in response to acts of defiance from both parties.
 Research implications – In the Compilation of Islamic Law, marriage aims to achieve a household life that is sakinah, mawaddah, and rahmah (peaceful, loving, and affectionate). To achieve this goal, married couples must commit to fulfilling their rights and obligations according to their respective abilities.
 Originality/value – This research is important to identify and explain the differences in status between husbands and wives, opening up space for reflection and a better understanding of aspects of gender equality in the context of Islamic marriage.

Examining The Marriage Practices of Ahmadiyah at Transito Refugee Camp In Mataram

This research focuses on two main objectives. Firstly, it aims to evaluate the marriage of Ahmadiyah in accordance with the provisions in the Compilation of Islamic Law. Secondly, it aims to identify the form of support and the role of the state in providing legal certainty to the marriage of Ahmadiyah refugees in Transito Mataram. This study employed a qualitative-descriptive research design with a phenomenological approach. The findings indicate that Ahmadiyah refugees in Transito Mataram conducted marriages in accordance with the provisions of KHI, which suggests that their marriages were valid under Islamic law. The role of the state in the marriage of Ahmadiyah Refugees in Transito Mataram is evident through the existence of marriage registration for Ahmadiyah Refugees and the Prospective Bride Course provided to prospective couples by the Office of Religious Affairs which represents the presence of state.

Joint Property Division in Indonesia: A Gender Equality Viewpoint

The distribution of joint property regulated under the Compilation of Islamic Law is considered very effective due to the legal certainty guaranteeing that ex-husbands and wives receive a half share. However, these provisions cannot be fully applied to estranged husbands and wives because family background conditions vary. There are certain conditions where husbands and wives have multiple roles, and this occurrence needs to be more profoundly studied. Therefore, this study is presented to analyze the distribution of joint assets according to the roles assigned in the household. This research employed a normative-legal method and statutory and conceptual approaches. The primary data in this study is the Compilation of Islamic Law (KHI). The researcher analyzed activity profiles, access and control between husband and wife as specified in KHI norms by using a gender equity analysis tool. The results show that the fair value of the distribution of joint assets which refers to the division of roles between husband and wife contained in the KHI has set different roles between the two, in which the husband works outside the house while the wife serves as a housewife. Meanwhile, currently, all roles performed by husbands can also be performed by wives and the other way around, while unchangeable roles remain in the biological or reproductive role. So the division of roles cannot be interpreted literally because the husband or wife has flexible and fair access and control.
 
 Keywords: joint property; gender equality; spouses rights.

Compilation of Islamic Laws Regarding Marrying Pregnant Women: The Case of Biau Regency, Central Sulawesi

Previously, in Indonesia, there was no written law regarding the settlement of premarital pregnancy married. Society usually uses a solution by carrying out a marriage between the pregnant woman and the man who impregnated her without waiting for the birth of the child she is carrying. This method aims to cover up the disgrace so that it is not known to the wider public. As long as the perpetrators of adultery and their families are able to keep this secret, then the adulterers and their children will be safe from society's response. This used qualitative method to study compilation of Islamic laws regarding marrying pregnant women in Biau district, Buol regency. The results of this study show that premarital pregnancy married can be recorded and made a marriage certificate during the marriage procession at the religious courts, even though the marriage ceremony was not carried out at that time or was carried out at that time. When a prospective bride is pregnant and then immediately married, the shame of both the prospective bride and her family should be covered. This is also based on the hadith narrated by Muslims, which reads: "Whoever covers the disgrace of another Muslim, then Allah will cover his disgrace in this world and in the afterlife."

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.

Feminism Analysis of Judges' Considerations for Post-Divorce Domestic Violence Victims in Medan and Banda Aceh Religious Courts

Domestic violence (KDRT) often arises in a marriage, which then encourages the wife to sue her husband for divorce through the courts. In this case, the Compilation of Islamic Law (KHI) does not regulate the rights of a wife who sues her husband for divorce to obtain 'iddah, or mut'ah support. But the rules regarding this are in Book II of the Guidelines for Religious Courts and SEMA. This research is field research with a qualitative-comparative approach through a feminist perspective. The aim is to analyze the considerations of judges in deciding cases of divorce due to domestic violence in the Medan Religious Court and the Banda Aceh Sharia Court. The research found the fact that the considerations of judges in the Medan Religious Court when deciding cases of divorce due to domestic violence, do not consider the issue of 'iddah or mut'ah maintenance rights to the plaintiff (ex-wife) because this is not regulated in the KHI. This research concludes that, if analyzed from a feminist perspective, the decisions of the judges of the Medan Religious Court and the Banda Aceh Sharia Court tend to be unfair and discriminatory towards women. the principle of gender equality, where the law discriminates between the legal effects of divorce by the husband's will (talak) and divorce by the wife's will (divorce). Therefore, this research recommends that judges when deciding on a domestic violence case should not only adhere to one KHI but also consider other rules relevant to it.

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).