Article Per Year (5 Year)
p-Index From 2019 - 2024
0.23
P-Index
This Author published in this journals
All Journal Journal of Mujaddid Nusantara
Asnawi Abdullah
Sekolah Tinggi Ilmu Syariah (STIS) Ummul Ayman Pidie Jaya, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Examination Of The Ruling Of The Syar'iyah Court On Divorce Cases Lawsuit Asnawi Abdullah; Zulfikri Toguan; Fatahillah Syahrul; Muhammad Saleh
Journal of Mujaddid Nusantara Vol. 1 No. 1 (2024): Journal of Mujaddid Nusantara March, 2024
Publisher : Institute of Education and Social Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62568/jomn.v1i1.102

Abstract

When there is an indication of judicial negligence in providing legal considerations, it is highly possible to conduct an examination or investigation. The decision of the Bireuen Sharia Court regarding divorce on demand, the panel of judges pronounced talak ba’in sughrā against the plaintiff without first attempting reconciliation through the appointment of an arbitrator. Looking at the legal provisions, when a case falls under shiqāq, the judge must appoint an arbitrator. Therefore, departing from this issue, there is a need for an examination as to why the judge did not appoint an arbitrator to resolve the dispute and what legal considerations were provided by the judge. This study is designed with a qualitative pattern, utilizing a statutory approach. Data collection techniques involve documentation and interviews. The research findings prove that the panel of judges argued that it did not fall under shiqāq cases, hence the appointment of an arbitrator was not necessary. The legal considerations provided by the judge in the divorce ruling include fiqhiyah principles, legal provisions, Supreme Court jurisprudence, Quranic verse al-Rūm ayat 21, and fiqhiyah principles.
Co-Authors Fatahillah Syahrul Muhammad Saleh Zulfikri Toguan