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Azwar, Zainal
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Kedudukan Kaidah Fikih dalam Ijtihad dan Relevansi dengan Kompilasi Hukum Islam (KHI) Efendi, Johan; Azwar, Zainal
Jurnal AL-AHKAM Vol 10, No 2 (2019)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v10i2.1859

Abstract

This paper intended to examine the position of the juristic conventions in ijtihad and its relevance to the Kompilasi Hukum Islam (KHI) book I on mar- riage. This research is motivated by the fact that al-Qur’an and Hadith are sources in establishing Islamic law, both of which are called mashdar, other le- gal propositions are Ijmâ ‘, Qiyâs, Istihsân, Mashlahah Mursalah,’ Urf, Syar’u man Qablanâ, Qawl al-Shahâbî, Istishâb and Sad al-Dzarî’ah. But in fact the rule of fiqh is also used as a theorem in establishing the law, whereas earlier scholars did not mention the rule of jurisprudence as one of the theorems in establishing Islamic law. So the question of this research is (1) what is the essence of the jurisprudence, (2) how the jurisprudence principle in ijtihad according to the scholars, and (3) how the relevance of the jurisprudence prin- ciple with the Compilation of Islamic Law (KHI) in book 1 on marriage. This research comes to conclusions, namely: (1) the essence of fiqh rule is the words of the ulama (qaul al-mujtahid). (2) The majority of scholars agree to make the jurisprudence as a complementary proposition in the establishment of a law. The juristic jurisprudence can only be used as a complementary argument. (3) There is a strong relevance between the jurisprudence principles that have been formulated by the previous scholars with the Compilation of Islamic Law es- pecially the book 1 on marriage, with the discovery of several articles that are relevant and relevant to the juristic principles
EFEKTIFITAS PENERAPAN E-COURT DALAM PENYELESAIAN PERKARA (Studi Kasus di Pengadilan Agama Painan) Pebrianto, Roni; Ikhwan, Ikhwan; Azwar, Zainal
Jurnal AL-AHKAM Vol 12, No 1 (2021)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v12i1.3027

Abstract

This research is motivated by the application of e-Court at the Painan Religious Court. The aim is to modernize the administration of cases and trials to overcome obstacles in the process of judicial administration and to provide convenience for the public to litigate cases in court. However, the facts on the ground are that the people with litigation have not felt the ease of implementing the e-Court because there are so many obstacles that have occurred, so that the litigants find it difficult to proceed in an e-Court case. The formulation of the problem in this study, namely; How is the application of e-Court in the settlement of cases at the Painan Religious Court, what are the factors that cause problems in the application of e-Court in solving cases at the Painan Religious Court and what are the efforts made by the Painan Religious Court to overcome obstacles in the application of eCourt in case resolution. This research is a field research (field research) using qualitative descriptive research methods. The data sources of this research are primary data and secondary data. The technique of collecting data in this research is by making observations, interviews and documentation. This research was conducted at the Painan Religious Court with sources as the Head of the Painan Religious Court, the clerk of the Painan Religious Court, e-Court officers and the public with litigation at the Painan Religious Court. The results of the study concluded that; 1) The application of e-Court in case resolution has been enforced at the Painan Religious Court but has not been effective. 2) Factors causing obstacles to the application of e-Court in solving cases at the Painan Religious Court can be categorized as; internal factors, namely no direct face-to-face socialization to the community, inadequate facilities and infrastructure, unpreparedness of human resources, incomplete application menus and external factors in the form of technology failure, no internet access in most areas of South Coastal District, no email, do not have an android mobile phone and do not have a personal account.