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KEWARISAN ANAK ANGKAT YANG BERKEDUDUKAN SEBAGAI ASHÂBUL FURÛDH (Analisis Terhadap Putusan Pengadilan Agama No. 287/Pdt.G/2006/PA.Pdg.) Alfiander, Dodon
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

The Case No. 287/ Pdt. G/ 2006/PA. Pdg. is a lawsuit Wasiat Wajibah submitted to the Religious Court of Padang. The Religious Court of Padang sets the plaintiff on this case as an adopted child who is entitled to obtain a mandatory will from his foster mother's estate. Where as between the plaintiff and his adoptive mother has a very close kinship relationship. The plaintiff is the real child of his adoptive brother's brother, while at that moment the plaintiff's adoptive mother was the heir of Kalâlah. The Law of Inheritance of Islam recognized the right of inheritance to the sister’s child. Sister’s son's inheritance is not clearly contained in the Qur'an and the hadith of the Prophet Muhammad pbuh. However, sister’s child's inheritance rights are basically through the extension of the understanding of other whose rights are described in the Qur'an, because if he or she has no sister and brother, the position can be replaced by the child. Sister’s child will not get the right as long as his father who connects him to the heir is alive. This can be understood as the concept of "Expanding Brotherhood Meanings". Thus, the decision of the Religious Court of Padang on the Wasiat Wajibah which sets the plaintiff to obtain the right to the property of his adoptive mother through Wasiat Wajibah is not appropriate. This is because the plaintiff has a very close kinship with his adoptive mother. Therefore, the plaintiff is more aptly part of the heritage of his adoptive mother through his right as an heir (ashâbul furûdh), not as a mandatory will. This is because the plaintiff replaces the position of his biological father as the heir because he has died earlier than his adoptive mother. The Plaintiff is entitled to receive a share of furûdh against the inheritance of his adopted mother. The furûdh portion obtained is based on the letter of al-Nisâ verse 176.

KEWARISAN ANAK ANGKAT YANG BERKEDUDUKAN SEBAGAI ASHÂBUL FURÛDH (Analisis Terhadap Putusan Pengadilan Agama No. 287/Pdt.G/2006/PA.Pdg.) Dodon Alfiander
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Institut Agama Islam Negeri Batusangkar

The Case No. 287/ Pdt. G/ 2006/PA. Pdg. is a lawsuit Wasiat Wajibah submitted to the Religious Court of Padang. The Religious Court of Padang sets the plaintiff on this case as an adopted child who is entitled to obtain a mandatory will from his foster mother's estate. Where as between the plaintiff and his adoptive mother has a very close kinship relationship. The plaintiff is the real child of his adoptive brother's brother, while at that moment the plaintiff's adoptive mother was the heir of Kalâlah. The Law of Inheritance of Islam recognized the right of inheritance to the sister’s child. Sister’s son's inheritance is not clearly contained in the Qur'an and the hadith of the Prophet Muhammad pbuh. However, sister’s child's inheritance rights are basically through the extension of the understanding of other whose rights are described in the Qur'an, because if he or she has no sister and brother, the position can be replaced by the child. Sister’s child will not get the right as long as his father who connects him to the heir is alive. This can be understood as the concept of "Expanding Brotherhood Meanings". Thus, the decision of the Religious Court of Padang on the Wasiat Wajibah which sets the plaintiff to obtain the right to the property of his adoptive mother through Wasiat Wajibah is not appropriate. This is because the plaintiff has a very close kinship with his adoptive mother. Therefore, the plaintiff is more aptly part of the heritage of his adoptive mother through his right as an heir (ashâbul furûdh), not as a mandatory will. This is because the plaintiff replaces the position of his biological father as the heir because he has died earlier than his adoptive mother. The Plaintiff is entitled to receive a share of furûdh against the inheritance of his adopted mother. The furûdh portion obtained is based on the letter of al-Nisâ verse 176.

Disparity in the Considerations of Judges in Deciding Divorce Disputes in Religious Courts and District Courts Dodon Alfiander
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

This paper aimed at exploring judges’ disparity in deciding divorce disputes in religious courts and district courts. Disparity is not only the differences in legal subjects that obey the absolute competence of different judicial environment but also the norms that serve as guidelines. This research is empirical juridical research with primary data namely judges’ decision and the results of judges’ interview. This research found that there were several disparity differences between religious and district judges in deciding divorce disputes. First, the considerations of district court judges were oriented to the aspect of legal certainty over juridical considerations. Second, besides paying attention to legal certainty aspects, the panel of judges at religious courts also considered religious aspects in making decision. Consideration of the rules of Islamic law has a very important role for judges in making decisions.

Sharia-Based Customs in Unregistered Marriage Rules (Case Study in Rambatan Village, West Sumatra) Muhammad Khalilurrahman; Eficandra Eficandra; Dodon Alfiander
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

This study focuses on the factors causing the birth of customary rules, then forms of customary sanctions, and the implementation of customary rules, as well as analyzes the dynamics of implementing customary rules against unregistered marriages in the view of Islamic law. The type of research conducted was field research. Primary data sources were Ninik Mamak, Wali Jorong, Religious Counselors, perpetrators of unregistered marriages, and their relatives. Secondary data sources were books and journals about marriage, customs, Islamic law and Positive law. The data were collected through semi-structured interviews and documentation techniques. Data analysis and interpretation techniques were data reduction, data presentation and conclusions. The technique of guaranteeing the validity of the data was by triangulation of sources. The results of the study indicate that the cause of the birth of customary rules was because they were not in accordance with Islamic teachings, positive law, and were considered a disgrace to the people. Forms of sanctions for the perpetrators of this unregistered marriage were expelled from the Nagari, if they were not pleased then paid a fine for slaughtering a goat, and if they did not want to do it, then they were set aside as long as the custom. Those who paid the fine had to do so in public and apologized to Ninik Mamak. Of the 11 pairs who performed unregistered marriages, 7 pairs were expelled from Nagari, 2 pairs paid a fine for slaughtering a goat, and 2 pairs were set aside from the custom. This rule is in line with sadd al-zari'ah principles in Islamic law.

TAUKIL WALI NIKAH KEPADA PENGHULU DI DESA PARIT KEBUMEN KECAMATAN RUPAT KABUPATEN BENGKALIS Aida Ummi Zakiyah; Sulastri Caniago; Dodon Alfiander
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 3, No 3 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v3i3.8407

Studi ini mengkaji tentang kontroversi taukil wali nikah kepada penghulu di Desa Parit Kebumen Kecamatan Rupat Kabupaten Bengkalis, permasalahan tersebut muncul pertanyaan: 1.Alasan masyarakat mentaukilkan wali nikah kepada penghulu, 2. Bagaimana analisis hukum keluarga Islam terhadap Fenomena taukil wali nikah di desa parit kebumen. Penelitian ini merupakan penelitian lapangan. data dan informasi yang diperoleh langsung dari responden dalam kasus taukil wali nikah di Desa Parit Kebumen, dengan metode pendekatan deduktif. Dan dianalisis dengan cara deduktif, penelitian ini menemukan hasil praktek taukil wali nikah di Desa Parit Kebumen bertentangan dengan konsep perwalian yang telah ditetapkan dalam hukum keluarga Islam.

Settlement of Pusako-Tinggi Property Disputes in Nagari Sungai Tarab Dodon Alfiander; Ikhsan Azhari; Irma Suryani
Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Vol. 20 No. 1 (2022): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

This article examines the decision of the Batusangkar District Court Number 09/Pdt.G/2013 which authorizes the Nagari Adat Density (KAN) of Sungai Tarab to resolve disputes over the division of pusako-tinggi assets, while KAN does not yet have a clear norm regarding it. This study aims to see how KAN accepts the delegation of authority, then resolves disputes in its customary territory with all its implications. This study was conducted qualitatively and presented descriptively. Data obtained through interviews and documentation. This paper explains that the division of the pusako-tinggi assets by KAN Sungai Tarab is carried out with a consensus mechanism by niniak mamak and alim ulama, so that their decisions do not conflict with Islamic law. The status of the pusako-tinggi property is decided to remain in the ownership of the clan, except for parts that have been certified and have changed status to become the private property of clan members. This decision has a positive impact in the form of more clarity on the management and ownership of the people of property. While the negative impact is triggering members of other clans to demand a similar pattern of inheritance distribution, as well as efforts to disgrace each other to fight over inheritance.

PENYALAHGUNAAN KEWENANGAN OLEH PEJABAT PEMERINTAH DALAM PASAL 10 AYAT (1) HURUF E UNDANG-UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN Resti Khairunnisa Fitri; Dian Pertiwi; Saadatul Maghfira; Dodon Alfiander
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 4, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v4i1.9352

: This study examines the abuse of authority committed by Government Officials, in this case the Head of the Tanah Datar Regency Koperindag Office for the 2019 Period. This research is a Library Research research. The researchers' secondary data sources are taken from Law Number 30 of 2014 concerning Government Administration and books related to research. The results of the research obtained by the author are that the former Head of the Koperindag Office of Tanah Datar Regency for the 2019 period allegedly violated Article 10 Paragraph (1) Letter e of Law Number 30 of 2014 because he had abused his authority in this case based on the source of attribution authority regarding a bribery case with a contractor of the X Koto market construction project, Tanah Datar Regency. According to Siyasah Dusturiyah, Government Officials fall within the scope of Wizarah Tanfidz. Islam forbids any abuse of authority by Government Officials because Allah forbids bribers and bribes in legal matters

NILAI KEADILAN DALAM POLIGAMI Dodon Alfiander
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 4, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v4i1.9647

This study examines the value of justice in polygamy from various perspectives, namely the Qur'an, Sunnah, ushul fiqh/fiqh, and positive law. This research is a literature study with data sources in the form of polygamy provisions contained in the Al-Qur'an, Sunnah, ushul fiqh/fiqh, and positive law. In addition, data were also taken from literature related to polygamy. Using a normative approach, this research finds that fairness is an important condition for polygamy. The concept of justice in the Qur'an tends to be related to business that is humanly possible. If someone really wants to do justice with a sincere goal, then he will not be able to do it considering his limitations as a human being. In principle, the concept of fairness in sunnah and ushul fiqh/fiqh refers to the interpretation of the Koran, namely fairness in the areas of living, muamalah, association, and night shifts. Meanwhile, justice in positive law basically emphasizes the husband's ability to be fair to his wives and children, especially in terms of subsistence. This research shows that in both Islamic law and positive law, justice is an important condition that must be met by a husband in polygamy.

INTEGRASI BUDAYA DAN AGAMA: KETERLIBATAN ANAK DALAM TRADISI BABALIAN SEBELUM WALIMATUL ‘URSY DALAM PERNIKAHAN DI NAGARI PARIANGAN PERSPEKTIF HUKUM Zulfa Marlina; Nofialdi Nofialdi; Dodon Alfiander; Siska Elasta Putri
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 1, No 1 (2022)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v1i1.8345

This study examines the background of children's involvement in the implementation of the babalian tradition before walimatul 'ursy in marriage from the perspective of Islamic law. From these problems, the question arises what is the background to the involvement of children in the babalian tradition before walimatul 'ursy in marriage. This study is based on field research. The data were obtained through interviews and then the data were narrated descriptively. The results achieved are to find out the background of the child's involvement in the babalian tradition, namely 1) the child is a symbol of descent and is also a basarayo tampek (person who will be ordered around), because ideally, the person who will be ordered is smaller than the person who ordered. 2) In addition, this tradition does not violate the Shari'a, because even though it is carried out at night, children are free to follow this series of traditions or choose to rest. This child also gets supervision from parents and adults. So it can be said that this tradition is 'urf authentic because it does not conflict with Islamic law and there is no harm to the child

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