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PERNIKAHAN DI BAWAH TANGAN KARENA DI BAWAH UMUR DI DESA SEMPARONG PARIT RADEN KECAMATAN SUNGAI KUNYIT KABUPATEN MEMPAWAH Muhammad Zainal Bahri; Marluwi Marluwi; Sadulloh Muzammil
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.875

Abstract

The purpose of This research is to find out: 1). What are the factors behind underhand marriages because they are underage 2). The impact of underhand marriages due to underage that occurred in Plangkeran Hamlet, Semparong Parit Raden Village, Sungai Kunyit District, Mempawah Regency. This study uses a qualitative research method with the type of field research (field research) and a sociological juridical approach. Sources of data used primary data in the form of interviews from the District KUA, Apparatus and the Semparong Parit Raden community, Sungai Kunyit District, Mempawah Regency whose subjects had been determined, namely the Head of KUA, Secretary , perpetrators of underhand marriages because they were underage. While secondary data in the form of Law no. 16 of 2019 concerning Marriage and the Compilation of Islamic Law (KHI). Data collection techniques are interviews and documentation. While the data analysis technique, the research carried out data reduction, data presentation and conclusions. Then for the inspection technique and the validity of the data using member check. The research results show that: 1). The factors of underhanded marriages because they are underage in Semparong Parit Raden Village, Sungai Kunyit District include educational factors, parental factors, and cultural factors. 2). The impact of underhand marriage due to underage in Semparong Parit Raden Village, Sungai Kunyit Subdistrict, includes the impact on making birth certificates for children and the impact of difficulties in obtaining education.
PENYALURAN ZAKAT FITRAH KEPADA DUKUN BERANAK DALAM TINJAUAN HUKUM ISLAM Dedi Setiawan; Marluwi Marluwi; Moh. Fadhil
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.926

Abstract

This study aims to find out why the people of Dusun Rantau Panjang choose to distribute zakat fitrah to traditional birth attendants and to know about the delivery of zakat fitrah to traditional birth attendants according to Islamic law. This study uses a qualitative method (field research) empirical normative type. Sources of primary data through interviews and secondary data from previous studies. While the data analysis technique consists of data reduction, data presentation and conclusions. Then the validity of the data is checked by doing a member check. The results showed that the distribution of zakat fitrah in Dusun Rantau Panjang was distributed directly and through amil zakat. The distribution of zakat fitrah to traditional birth attendants is still not in accordance with Islamic law because the traditional birth attendant is still considered a capable person. Some people channel their zakat to traditional birth attendants because they do not know their legal status. The distribution of zakat fitrah for dukun beranak is not in accordance with the provisions in the Qur'an at-taubah verse 60. Traditional birth attendants tional midwife can receive zakat fitrah if they fall into one of the eight asnaf categories.
PERMOHONAN DISPENSASI NIKAH DI BAWAH UMUR DI PENGADILAN AGAMA NANGA PINOH PADA TAHUN 2020 Siti Hardayanti; Marluwi Marluwi; Sa'dulloh Muzammil
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.938

Abstract

This study aims to find out: The reasons for the application for exemption for underage marriage at the Nanga Pinoh Religious Court and the basis for the judge's considerations in examining and determining the case for the requesting for exemotion for underage marriage at the Nanga Pinoh Religious Court. The method used in this study is a qualitative method with the type of empirical juridical research. The primary data source used was interviews with the Judge and Registrar of the Nanga Pinoh Religious Court. The secondary data used are books, journals, previous theses, Law No. 1 of 1974, Law No. 16 of 2019, Supreme Court Regulation Number 5 of 2019, as well as the annual case report of the Nanga Pinoh Religious Court. Data collection techniques in the form of interviews, observation and documentation. Then the data analysis technique uses reduction, presentation and conclusion drawing. After all the data is collected, then its validity is checked using source triangulation. The findings of this study indicate that the Request for marriage exemption at the Nanga Pinoh Religious Court is caused by changes to the Marriage Law, then there are very urgent reasons such as having had sexual relations which led to pregnancy outside of marriage. Worried about the emergence of slander from the community, then the habits of some people. In handling the marriage dispensation, the Judge is guided by PERMA No. 5 of 2019 especially the best interests of the child, during the process of handling marriage exemption cases there are supporting factors such as clear regulations, awareness of the applicant's parents, as well as electronic litigation regulations. The inhibiting factors are that the applicant does not present the parties, the administrative requirements are incomplete, the size of the jurisdiction of the Nanga Pinoh Religious Court, the community does not understand technology, and there is a language barrier.
PERCERAIAN KARENA FAKTOR EKONOMI DI DESA SUNGAI NYIRIH KECAMATAN SELAKAU KABUPATEN SAMBAS Melly Nuryanti; Marluwi Marluwi; Nur Hakimah
Al-Usroh Vol 3 No 2 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i2.940

Abstract

This article examines divorce due to economic factors in Desa Sungai Nyirih, Kecamatan Selakau, Kabupaten Sambas. The purposes of this research were to find out: 1) Indicators of factors that cause divorce in Desa Sungai Nyirih, Kecamatan Selakau, Kabupaten Sambas; 2) The view of Islamic law on divorce due to economic factors in Desa Sungai Nyirih, Kecamatan Selakau, Kabupaten Sambas. This study used qualitative methods as the type of research used to obtain the data, the data sources used in this study were: 1) primary data sources data obtained from interviews with residents who experienced divorce due to economic factors; 2) secondary symbiotic data from books, journals and KHI (Islamic Law Compilation). This study also uses data collection guidelines using observations and interviews and uses data collection tools with interviews and smartphones to document images and sound recordings via cell phones. Based on this analysis, the researcher concluded that: 1) economic factors were one of the effects of divorce because there was no inner livelihood and love lost because of the husband's selfishness in providing a living, there was no level because it was by the husband's ability to meet the needs of life. 2) the view of Islamic law in the Shiqot Taklik Talak, if the husband does not provide for 3 months in a row divorce or the wife demands a divorce from her husband, divorce is allowed if there are problems experienced between the spouses.
FAKTOR-FAKTOR PENYEBAB TINGGINYA CERAI GUGAT DI KABUPATEN SINTANG Indah Lestari; Marluwi Marluwi; Nanda Himmatul Ulya
Al-Usroh Vol 3 No 2 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i2.952

Abstract

The aims of this study are: 1) To find out the factors that cause the high rate of divorce in the Sintang Religious Court; 2) To find out the stages of handling a lawsuit for divorce in the Sintang Religious Court. This research uses qualitative methods, while the type of research used is empirical research that uses data in the field as the main data source. The data sources of this study used primary data sources, namely in the form of interviews with judges and clerks of the Sintang Religious Court whose subjects had been determined, then secondary data sources, namely from books, documents, journals and other data sources that could complement this research. The technique used in this research data collection is observation, interviews and documentation. The data collection techniques in this study were using interview guidelines, observation guidelines and smart phones. And the researcher's data analysis technique used data reduction, data exposure and drawing conclusions. Furthermore, the data validity technique is using triangulation techniques between data sources. Based on the analysis conducted by the researchers, it can be concluded that: 1) The factors that cause the high level of divorce in the Sintang Religious Court are due to continuous disputes and quarrels, leaving one party, economy, apostasy, domestic violence (domestic violence), gambling, drunk, sentenced to prison, disabled and forced marriage. However, among the factors above, the most dominant in the Sintang Religious Court is due to continuous disputes and quarrels between husbands. 2) The following are the stages of handling the divorce petition at the Sintang Religious Court, namely: reconciliation efforts, reading of the plaintiff's lawsuit, the defendant's answer, the defendant's reply, the defendant's duplicate, proof, the conclusions of the parties, the panel of judges' deliberation and the judge's decision.
PROBLEMATIKA JURU SITA DALAM MELAKSANAKAN TUGAS DI PENGADILAN AGAMA NANGA PINOH Sofian Sofian; Marluwi Marluwi; Nanda Himmatul Ulya
Al-Usroh Vol 3 No 2 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i2.954

Abstract

The objectives of this study are: 1) To find out the problems of the bailiff at the Nanga Pinoh Religious Court in carrying out their duties. 2) To find out whether the bailiff at the Nanga Pinoh Religious Court has carried out his duties in accordance with Law Number 50 of 2009 concerning the second amendment to Law Number 7 of 1989 concerning Religious Courts. The results of the study can be concluded as follows: 1) The problems of the bailiff at the Nanga Pinoh Religious Court in carrying out their duties, namely the infrastructure that is less supportive, because there are villages that do not have road access for motorbikes to pass, during the rainy season natural disasters such as floods and landslides, the names of the parties are different between the nicknames and the names on the ID cards, making it difficult for the bailiff to find the litigants and in divorce cases the address of one of the parties is difficult to find. 2) The bailiff at the Nanga Pinoh Religious Court is only in charge of summoning the litigants. The bailiff at the Nanga Pinoh Religious Court has also carried out his duties in accordance with Law No. 50 of 2009 concerning the Second Amendment to Law No. 7 of 1989 concerning the Religious Courts, judging by the number of cases at the Nanga Pinoh Religious Court in 2021 which have completed 1 cases of polygamy permits, 39 cases of divorce divorce, 119 cases of litigation, 2 cases of joint property, 1 case of child control, 5 cases of guardianship, 18 cases of marriage legality, 87 cases of dispensation for marriage, 11 cases of guardian adhol and 2 cases of determining heirs. where the bailiff has a very important role in resolving the case.
Co-Authors Abdul Karim Agus Sulianto Ahmad Syafawi Ardiansyah Ardiansyah Arif Wibowo Dedi Setiawan Indah Lestari Lilis Sugiarti Melly Nuryanti Moh. Fadhil Muhammad Hafidz Muhammad Zainal Bahri Nanda Himmatul Ulya Nasirin Nasirin Nur Hakimah Nurfitriah Nurfitriah Sa'dullah Muzammil Sa'dulloh Muzammil Sadulloh Muzammil Sa’dulloh Muzammil Selamet Efendi Yusuf Siti Atikah Siti Hardayanti Sofian Sofian Ubaidillah Ubaidillah