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All Journal Rechtsnormen Journal of Law LAWYER: Jurnal Hukum
Lukmanul Hakim
Sekolah Tinggi Agama Islam Aceh Tamiang
Law, Crime, Criminology & Criminal Justice

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Maqashid Sharia Review Of Decisions Shar'iyah Idi Court In Divorce Cases Lukmanul Hakim
Rechtsnormen Journal of Law Vol. 1 No. 3 (2023)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i3.460

Abstract

Background.  Divorce is a matter that is never finished to be studied and discussed. Even cases of divorce cases continue to increase. One of them is the divorce case. Purpose. Many divorce cases are contested due to the background between husband and wife not wanting to carry out their obligations, such as providing a living physically and spiritually, but when analyzed this is not the main thing that causes divorce but rather bad communication between husband and wife, in deciding a divorce case a judge are required to be thorough and observant in deciding on a divorce so that a legal basis and fair considerations are needed so that a positive decision is born for both parties. Method. In this study, the authors used qualitative legal research and normative legal research, namely what we know as library law research, namely legal articles conducted by researching based on materials sourced from the literature. Results. Research results: 1) The factor in the occurrence of divorce is due to not fulfilling a living, harming/endangering the wife, one party leaves the other party without permission and without a valid reason, one party gets a prison sentence of 5 years or more after the marriage takes place, Jidal or syiqaq (prolonged and unresolved quarrels), infidelity or one party commits adultery, one party commits violence/nusuz, apostasy or converts. 2) Every decision made by the Panel of Judges of the Syari'yah Idi Court remains based on legal aspects and Maqasid Syari'ah, both ahwal asyahksiyah cases in general and divorce cases in particular, as the purpose of law is to protect the rights of each individual both from the perspective of Life, religion, reason, property, lineage and honor. Conclusion. As an answer to the formulation of the problem and the results of the author's analysis, it can be concluded that: The factor in the occurrence of divorce is due to the absence of a living.
Views of Aceh Tamiang Ulama Against Postponement of Inheritance Distribution Lukmanul Hakim
Rechtsnormen Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.520

Abstract

Background. Inheritance should be a pleasant thing for the heirs, but sometimes this becomes a catastrophe that causes a rift or break in the family relationship, this is due to the greed of the heirs, including problems in inheritance is the delay in distribution to the heirs. Purpose. The inheritance is the absolute right of the heirs who should be immediately divided after paying off the debts and assets of the heirs, but because the distribution is not hastened, it has an unfavorable impact on the heirs. Method. The research method used in this research is qualitative research, this type of research is field research whose main source is the results of interviews in the field. Results. The results of this study are: 1) The impact of delaying the division of inheritance, namely: The occurrence of family problems / disconnection between heirs, can result in the loss of the value of the inherited property, and the persecution of some heirs because their rights are not fulfilled. 2) The view of the Aceh Tamiang Ulama regarding the delay in the division of inheritance is divided into three laws, namely: Obligatory delay, permissible delay and haram delay. These three laws are adjusted to the circumstances that occur if the delay in the distribution of inheritance is due to doubts about nasab and / or doubts about the life of the heirs, it must be postponed until there is a determination of nasab and / or heirs from the court. Conclusion. Likewise, delaying the distribution of inheritance due to doubts caused by real pregnancy or doubts about the sex (khunsa) is obligatory until the status of both is clarified. Delaying the distribution of the inheritance, if there is agreement from all the heirs who are entitled to it, and if it is permissible and managed in accordance with shar'i law, is permissible. If delaying the distribution of the inheritance results in injustice to the heirs or results in damage and loss of value to the inheritance, then it is haraam.
Delays On Distribution Of Inheritance As Wise As From The Perspective Of Positive Law And Fiqh Law According To Ulama In Aceh Lukmanul Hakim
LAWYER: Jurnal Hukum Vol. 1 No. 2 (2023): LAWYER : Jurnal Hukum, September 2023
Publisher : ASIAN PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58738/lawyer.v1i2.452

Abstract

This research describes the delay in distribution of inheritance according to positive law and fiqh law according to ulama in aceh. the purpose of this research is education and advocacy for the community. according to postive law and fiqh law, inheritance is an absolute right of the heirs which should be distributed immediately after paying off the debts and inheritance of the heirs, but because the distribution is not hastened, it has a negative impact on the heirs. delays in dividing inherited assets result in loss of rights and changes in the value of inherited assets. this phenomenon often occurs in society in general, especially the people of aceh tamiang regency. this type of research is field research where the main source is the results of field interviews. The results of this research based on the perspective of positive law and fiqh law are: 1) the impact of delays in the distribution of inheritance, namely: the occurrence of family problems/breakdown of ties between heirs, which can result in loss of property value, as well as abuse of some heirs because of their rights. not fulfilled. 2) the views of the aceh tamiang ulama regarding postponing the distribution of inheritance are divided into three laws, namely: obligatory postponement, permissible postponement, and haram postponement. these three laws are adapted to the situation that occurs if the distribution of inheritance is delayed due to doubts regarding the lineage and/or doubts about whether or not heirs are obligated for life until there is a determination of the lineage and/or heirs from the court. likewise, delaying the distribution of inheritance due to doubts due to the actual pregnancy or doubts regarding gender (khunsa) is mandatory so that the status of both is clear. if you postpone the distribution of inheritance, if you get the approval of all the rightful heirs and are mu'tabar in giving permission and administering it according to sharia law, then it is permissible. if delaying the distribution of inherited assets creates injustice for the heirs or results in losses and a decrease in the value of the assets, then the law is haram.
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