Claim Missing Document
Check
Articles

Found 4 Documents
Search

FAKTOR PENYEBAB PERSELINGKUHAN SUAMI ISTRI DAN UPAYA PENANGANANNYA DI KUA KECAMATAN RUPAT Muhammad Al Mansur; Saim Saim; Rino Riyaldi
TAHKIM Vol 17, No 1 (2021): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v17i1.2028

Abstract

The case of infidelity has recently become the subject of an interesting and widespread conversation, because infidelity itself is not only dominated by men, but also women in all walks of life and classes. This phenomenon does not only occur in big cities but also in small and isolated cities, such as in Rupat sub-district, Bengkalis district. This then raises the question What are the faktors that cause an infidelity between husband or wife in office of religious affairs (KUA) Rupat sub district, how are the efforts to handle the affair case at there, what is the perspective of Islamic law and Malay customary law on the case of infidelity. This study using qualitative and library research. Data collection techniques used were observation, interviews and documentation with qualitative descriptive analysis techniques. The faktors causing an affair in Rupat sub district, the first is, internal faktors which is consist of cultural differences, disappointment, dissatisfaction in sexual life, insufficient finansial needs. The second is external faktor, which is of the influence of close friends, closeness to other types of friends, erotic-sexual temptations. The method of handling performed by KUA Rupat is to Implement Pre-Marriage Guidance and Post-Marriage Guidance. The infidelity in islamic law can be categorized into majazi adultery and actual adultery, depending on the extent of the behavior and actions of the person committing of the infidelity. While Malay customary law in Bengkalis see this affair set off from philosophy "Customary laws are based on religious laws; religious laws are based on the Holy Book" (adat bersendi syarak, syarak bersendi kitabullah) of Malays is realizing in their life in accordance with the teachings of Islam. Indeed, there used to be in several villages in Bengkalis Regency enforcing customary laws against the perpetrator of the infidelity, for example, for those who cheat they are required to make amends by giving cows or buffalo to traditional leaders, and some are expelled from the village. But due to the times, the implementation of this customary law is now gone and no longer valid. In judging the perpetrators of cheating, in general, the Bengkalis Malay Society follows the prevailing laws in Indonesia, and most of them are resolved in a family manner. Keywords: Causal faktors, Husband and wife’s Infidelity, Resolution
USAHA ANTISIPASI PERNIKAHAN ILEGAL DI KABUPATEN BENGKALIS (Studi Kasus KUA dan Tokoh Masyarakat Rupat Utara) Muhammad Al Mansur
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 1 (2021): Al Hakam
Publisher : Prodi Hukum Keluarga Fakultas Syari'ah IAI Al Hikmah Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (321.276 KB) | DOI: 10.35896/alhakam.v1i1.187

Abstract

The large number of cases of illegal marriages in Bengkalis Regency have had a big impact on the community, especially in Rupat Utara District. Illegal marriages are also known as illegal marriages or unregistered marriages, namely a marriage that is carried out under Islamic law without being legally registered at the Office of Religious Affairs (KUA). In almost all villages in Rupat Utarat, illegal marriages were found with a total of 32 cases. The formulation in this research is what are the factors that cause the occurrence of illegal marriages in Rupat Utara District and how to anticipate the occurrence of illegal marriages by the KUA and community leaders in North Rupat. The method used in this research is qualitative research, using normative juridical approaches (positive law) and normative theology (Islamic law), observation, interviews and documentation are used to collect data. The object of this research is the perpetrators of illegal marriages, KUA and community leaders in Rupat Utara. The location of this research is in Rupat Utara District, with interviews with 7 cases of illegal marriage. The results of this study indicate that there are information factors, age limit of marriage, economic and distance factors that cause illegal marriages. KUA and community leaders have made efforts to anticipate illegal marriages very well in Rupat Utara District. Keywords: Anticipation Effort, Illegal Marriage, KUA, Community Leader
Bagian Mutlak ( Legitime Portie ) Ahli Waris Berbagai Golongan Menurut Hukum Perdata Dan Kompilasi Hukum Islam Siti Rahmah; Hamdan Khairul Mubarak; Muhammad Al Mansur
Doktrin:Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 3 (2023): Juli : Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v1i3.794

Abstract

In the Civil Code concerning civil inheritance law it is classified as one of the aspects of civil law which has the basic meaning contained therein, namely to regulate but there is no element of demand in this matter. Whatever the heir does to his property before he dies is his power, and that is part of the civil law that is regulatory. Inheritance law is the law that controls the locking of inheritance that is freed because the owner has died, and its effect on the person entitled to receive the inheritance. There are two ways to obtain inheritance, namely: based on statutory provisions or ab intestato wettelijk erfrecht, and appointed in a will or testamentair erfrecht). The problem is how to implement the absolute portion (legitime portie) of the heirs of various groups according to civil law laws. This paper uses library research methods in the form of books, scientific journals, magazines, and so on. legitieme fortie (absolute part) is part of the inheritance or inheritance which must be divided among the heirs in a straight line downwards and upwards, and regarding which part the heirs prevent from deciding something either in the form of a grant (gift) or in the form of a testamentary grant (Article 913 KHU civil). Asser Meyyers argues about inheritance law in the Netherlands page 148 explaining that the purpose of legimie portie is to avoid and protect the heir from the desire that arises for the heir to benefit other people.
USAHA ANTISIPASI PERNIKAHAN ILEGAL DI KABUPATEN BENGKALIS (Studi Kasus KUA dan Tokoh Masyarakat Rupat Utara) Muhammad Al Mansur
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 1 (2021): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v1i1.187

Abstract

The large number of cases of illegal marriages in Bengkalis Regency have had a big impact on the community, especially in Rupat Utara District. Illegal marriages are also known as illegal marriages or unregistered marriages, namely a marriage that is carried out under Islamic law without being legally registered at the Office of Religious Affairs (KUA). In almost all villages in Rupat Utarat, illegal marriages were found with a total of 32 cases. The formulation in this research is what are the factors that cause the occurrence of illegal marriages in Rupat Utara District and how to anticipate the occurrence of illegal marriages by the KUA and community leaders in North Rupat. The method used in this research is qualitative research, using normative juridical approaches (positive law) and normative theology (Islamic law), observation, interviews and documentation are used to collect data. The object of this research is the perpetrators of illegal marriages, KUA and community leaders in Rupat Utara. The location of this research is in Rupat Utara District, with interviews with 7 cases of illegal marriage. The results of this study indicate that there are information factors, age limit of marriage, economic and distance factors that cause illegal marriages. KUA and community leaders have made efforts to anticipate illegal marriages very well in Rupat Utara District. Keywords: Anticipation Effort, Illegal Marriage, KUA, Community Leader