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All Journal Khatulistiwa ELFALAKY: Jurnal Ilmu Falak Ulumuna Jurnal Hukum Islam dan Hukum Keluarga
Muhammad Hasan
IAIN Pontianak
Religion Arts Humanities Astronomy Earth & Planetary Sciences Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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ANALISIS YURIDIS TERHADAP ISBAT NIKAH YANG AKAD NIKAHNYA OLEH WALI HAKIM (STUDI PENETAPAN PENGADILAN AGAMA NANGA PINOH, NOMOR:56//PDT.P/2020/PA.NGP) Reja Reja; Muhammad Hasan; Nur Hakimah
Al-Usroh Vol 2 No 2 (2022): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v2i2.706

Abstract

The purpose of the study is to find out: 1. How is the juridical analysis of the applicant's arguments in submitting the marriage isbat on a copy of the determination of the Nanga Pinoh Religious Court Number ; 6//Pdt.P/2020/PA.Ngp 2. How is the juridical analysis of the judge's legal considerations in marriage isbat on a copy of the determination of the Nanga Pinoh Religious Court Number ; 56/Pdt.P/2020/PA.Ngp. This research uses a qualitative normative juridical research method. Sources of data in this study usingsecondary data obtained from official documents, books related to the object of research, namely a copy of the determination of the religious court Number: 56/Pdt.p/2020/PA.Ngp research results in the form of reports, theses, and statutory regulations law. The technique used to collect data is document study. In technical data analysis, the researcher performs technical content analysis (content analysis). Content analysis is a systematic study of records or documents as sources of data. Based on the analysis conducted, the researcher concludes that in submitting the arguments of the applicant in submitting a marriage isbat, in marriage the applicant uses a guardian judge that is not in accordance with the regulations with the Director General of Community Guidance Number 1 of 2015andPMA Number 30 of 2005, and the reasons for the applicants submitting the marriage certificate to obtain a marriage certificate and for making the applicant's child birth certificate which is not in accordance with the Compilation of Islamic Law Article 7 paragraph 3. AndThe consideration of the Nanga Pinoh Religious Court judge in determining the marriage isbat at number 56/Pdt.P/2020/PA.Ngp did not pay attention to the facts revealed by the trial such asjudge's position, so that the panel of judges only considered from the sociological aspect, namely in order to create benefit without paying attention to the philosophical aspect, namely legal justice and the juridical aspect, namely legal certainty, so that it does not fulfill these three elements, then a determination will be not good.
PERSEPSI TOKOH AGAMA TERHADAP UANG MAHAR YANG DIJADIKAN HIASAN DALAM AKAD NIKAH DI KECAMATAN SUBAH KABUPATEN SAMBAS Uswatun Khasanah; Muhammad Hasan; Sadulloh Muzamil
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.906

Abstract

The purpose of this research is to find out: 1) Perceptions of religious figures on the dowry of money that is used as decoration for ever and temporarily. 2) The perception of religious leaders on the forms of dowry that can be used as decoration in the marriage contract. 3) Perceptions of religious leaders on the originality of the dowry of money used as decoration in the marriage contract. The research method used in this study is a qualitative research method, with an empirical approach and using field research. The primary data sources for this study were religious leaders in Subah District, Sambas Regency. Secondary data sources are the Qur'an, hadith, theses, journals and books. Data collection techniques used were interviews and documentation. Data collection tools were recorders and interview guides. The data analysis technique used was data reduction, data exposure and drawing conclusions. Checking the validity of the data by using the source triangulation. This study concludes that: 1) Regarding the perception of religious figures on the dowry of money that is used as decoration in the long term and meanwhile there are 3 opinions, namely agree, neutral and disagree. 2) Perceptions of religious leaders on the forms of dowry that can be used as decoration, there are 3 forms, namely money, a set of prayer tools and jewelry, but among the three money is the most frequently used. 3) Perceptions of religious figures on the originality of the dowry of money used as decoration in the marriage contract, there are 2, namely real money and play money.
PANDANGAN KEPALA KANTOR URUSAN AGAMA (KUA) MELAWI TERHADAP FENOMENA PERNIKAHAN BEDA AGAMA DI KABUPATEN MELAWI Rendi Julianto; Muhammad Hasan; Arif Wibowo
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.915

Abstract

The purpose of this study was to find out: 1) To find out the views of the head of the office of religious affairs (kua) melawi on interfaith marriages between Muslim men and non-Muslim women. 2) To find out the views of the head of the office of religious affairs (kua) Melawi on interfaith marriages of non-Muslim men and Muslim women. Primary data source Head of Religious Affairs Office (KUA) Melawi. This study uses interview data collection techniques. Meanwhile, data analysis by reducing the very basic things is then summarized to be presented in the form of a narrative. So that it can be concluded, the data is also checked for validity by triangulating sources. The results showed: 1) The views of the head of the Office of Religious Affairs (KUA) Melawi on interfaith marriages, where Muslim men marry non-Muslim women, namely that there are those who state that it is not permissible based on QS Al-Baqarah 221, Law Number 16 of 2019 Amendments to Law Number 1 of 1974, the Compilation of Islamic Law, and the 2005 MUI Fatwa concerning interfaith marriages. In addition, there are also those who say that marriage is permissible as long as it is with an ahlul Kitab based on QS Al-Maidah 5, and the jurists of 4 schools of law allow interfaith marriages with an ahlul Kitab. 2) The view of the head of the Office of Religious Affairs (KUA) melawi on interfaith marriages for non-Muslim men marrying Muslim women. All heads of KUA Melawi agree that interfaith marriages for Muslim men marrying non-Muslim women are illegal and unlawful based on QS Al-Baqarah 221, QS Al-Mumtahanah 10, Law No. 16 of 2019 Amendments to Law No. 1 of 1974, the Compilation of Islamic Law, and the 2005 MUI Fatwa on interfaith marriages.
EFEKTIVITAS SIDANG KELILING DALAM PENYELESAIAN PERKARA CERAI GUGAT DI PENGADILAN AGAMA SUNGAI RAYA Mursyid Mursyid; Muhammad Hasan; Nur Hakimah
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.919

Abstract

The purposeoof this research isito find out: 1). The effectiveness of the implementation of the circuit court at the Sungai Raya Religious Court. 2). The effectivenesss of case settlement throughha circuit courtiat the Sungai Raya Religious Court in 2021. This study uses a qualitative method with an empirical type. Sources of data are primary data through interviews with clerks, substitute clerks and judges. While secondary data is taken from literature related to this research, such as Supreme Court Regulation Number 1 of 2014 concerning Guidelines for Legal Services for the Poor and Supreme Court Circular Number 10 of 2010 concerning Guidelines for Legal Services in Religious Courts. Data collection techniquessare interviewssand documentation.aThe data collection toollused by the researcher is an interview guide. While the data analysis techniques researchers use data reduction, data presentation and drawing conclusions. Then the validity of the data is checked by member checking method. The results showedethat: 1). The effectiveness of the circuit court implementation can be seen from the implementation procedures that can reduce the queues of cases that accumulate at the Sungai Raya Religious Court Office. As for service users, the perceived benefit is a closer distance. So that it can be said that the circuit court is effective in terms of the procedures for its implementation. 2). Judging from the settlement of the case, it can be seen from the handlingeof cases that are relatively few and do not require a long time so that they are more relaxed in completing the settlement of cases that are resolved through mediation. In addition, the effectiveness of the settlement can be seen in the financing where service users are more efficient in transportation to the location. So that the trial can be opened to run effectively from the settlement of the case is enough.
Co-Authors Ardiansyah Ardiansyah Arif Wibowo Dea Fitri Ani Egi Suhandi Hesty Kesuma Putri Ishak Ishak Moh Fadhil Mursyid Mursyid Nur Fallah Hidayatullah Nur Hakimah ravika revira ginting Reja Reja Rendi Julianto Sadulloh Muzamil Suhardiman Suhardiman Umroatun Mardhiyah Uswatun Khasanah zainuddin zai zainuddin