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All Journal Proceedings of Annual Conference for Muslim Scholars Legal Protection for the Partnership Agreement Parties Jurnal Hukum Islam
Yuliatin Yuliatin
Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Inheritance Distribution Dynamics of Indigenous Peoples: Studies in Society Seberang Jambi City Yuliatin Yuliatin; Yudi Armansyah
Proceedings of Annual Conference for Muslim Scholars No Seri 1 (2017): AnCoMS 2017: Buku Seri 1
Publisher : Koordinatorat Perguruan Tinggi Keagamaan Islam Swasta Wilayah IV Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (344.081 KB) | DOI: 10.36835/ancoms.v0iSeri 1.13

Abstract

Customs and religion (Islam) is a braid that can not be separated from each other. With emphasis on synergy between religion and customs, as is customary that bersendikan syarak and syarak that bersendikan Kitabullah, syarak mengato, traditional wear. Similarly in the division of the estate. Where, in general in Indonesia are still frequent mixing between customary law and Islamic law in the determination and distribution of the estate. This article attempts to explore the dynamics of the division of an estate that occurs in Indigenous communities Seberang Kota Jambi. Across society is a society that still maintain the socio-cultural traditions and customs of the Jambi. This is evident from the division of the estate are still using Seberang customary law, although in practice they insert the values of Islam. However, integration between Islamic and Customary law should be examined in more depth. How the actual dynamics of the division of inheritance in Seberang community and factors that encourage people Seberang Kota Jambi carry out the division of the estate with Islamic law and customary law.
Judges Considerations in Canceling Polygamous Marriages in Religious Courts Yuliatin Yuliatin
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1244

Abstract

Polygamy is allowed in Indonesia, providing the act is justified by religion and the rules of marriage law. A husband who wants to have more than one wife must fulfil various requirements of the Court. Based on the principle of “audi alteram partem,” the Supreme Court panel assesses the consideration of the Jambi Provincial Religious High Court against the answers, evidence, and witnesses presented by the defendant. This is to ensure the right decision is made, though the case was submitted late and no trial was filed. This research found that the Supreme Court deems a polygamy permit compulsory and aims to protect the welfare of the parties bound in the marriage. The word “can” in The Compilation of Islamic Law (KHI) article 71A showed that a marriage annulled due to polygamy without court permission is tentative or facultative. This indicated an annulment application must be submitted to the Court and the final decision is dependent on the assessment of the benefit of the wife and/or children. The legal consequence, based on the decision of the Religious Court to accept the marriage itsbat and the refusal to cancel the marriage bond, is that the children of the second wife will receive inheritance rights from the father, including property obtained with the first wife.
Judge's Dilemma in Marriage Dispensation in the Religious Court Hasyim Sofyan Lahilote; A.A. Miftah; Yuliatin Yuliatin; Rahmi Hidayati
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (336.39 KB) | DOI: 10.30631/alrisalah.v22i1.979

Abstract

Judges experience various dilemmas when adjudicating marriage dispensation cases in Religious Courts. In particular, there are difficulties associated with applying the principles laid out in the provisions of Article 2 PERMA no. 5 of 2019, which guide such decisions. This study analyzes how judges consider various legal theories when making decisions regarding marriage dispensations using the normative judicial method. The results showed that the judges of Religious Courts primarily rely on the maslahah theory when making decisions on marriage dispensation cases, in spite of the existence of PERMA no. 5 of 2019 as a potential reference for maximizing aspects of justice and legal certainty.
Regulation of the Maturity of Married Age in Suku Anak Dalam Jambi Province Rahmi Hidayati; Yuliatin Yuliatin; Kholil Syuib
Jurnal Hukum Islam Vol 20 No 2 (2022)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i2.6167

Abstract

There have been many previous studies that discussed the theme of early marriage, but the difference from this study is that the people studied are in the majority of isolated communities in Jambi Province (Suku Anak Dalam). The Suku Anak Dalam community has its own rules regarding the practice of marriage and overrides the provisions in the law that have been positive. One of these rules is related to how to measure the maturity of the bride and groom (marriage age limit). For them, girls who have reached puberty are considered capable of getting married, while boys who are mature are marked by a test of dexterity to hunt animals. If the boy passes / passes the test, then he is considered an adult and is able to get married. Because according to the women of the Anak Tribe, the concept of a man's valor lies in his ability to earn a living and hunt. This coincides with the lack of fulfillment of the rules set by the State as stated in Law no. 1 of 1974. This study wants to see what factors cause early marriage and this perspective.
Co-Authors A.A. Miftah Hasyim Sofyan Lahilote Kholil Syuib Rahmi Hidayati Yudi Armansyah