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Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan

qadha
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Published by Institut Agama Islam Negeri Zawiyah Cot Kala Langsa

ISSN : 23561637 EISSN : 25810103 DOI : 10.32505/10.32505/qadha.

Core Subject : Religion, Social,

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Al-Qadha Journal focuses on the study of Law which is an article of research results and academic thought, this journal is a communication medium for academics, experts, and researchers who care about studying Islamic law and law. The scope of writing is determined in the al-Qadha journal; Jurisprudence of Islamic Family Law and Civil Law issues of legal dispute resolution

Arjuna Subject : Ilmu Sosial - Hukum

Articles 115 Documents

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TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK ADOPSI ANAK DI GAMPONG TANOH ANOU KECAMATAN IDI RAYEUK KABUPATEN ACEH TIMUR Srimuryadi , T. Wahyu
Al-Qadha Vol 5 No 2 (2018): AL-QADHÃ Jurnal Hukum Islam Dan Perundang-Undangan
Publisher : IAIN LANGSA

Adoption on the initial basis is the adoption of a child that results in the adoption of anadopted child from his own father's relationship and is included in the relationship of his adoptivefather. In practice adoption is usually carried out by people who in their marriages do not produceoffspring. By adopting the adopted child has a relationship with the adoptive father as with his ownfather. Inherited inherited relationship between adopted children and adoptive father. Before Islamcame, adoption had been carried out by Arabs and had become a hereditary tradition known astabanni which means taking children. Or take someone else's child to be given the status of abiological child, so that he has the right to use the nasab of his adoptive parents and has the right toinherit inheritance and other rights as a relationship between children and parents.

NAFKAH BAGI BEKAS ISTRI DALAM PERSPEKTIF KOMPILASI HUKUM ISLAM Dahliana
Al-Qadha Vol 5 No 2 (2018): AL-QADHÃ Jurnal Hukum Islam Dan Perundang-Undangan
Publisher : IAIN LANGSA

Cases that occur in the decision No. 341/Pdt.G/2016/MS.Sgi and decision No. 44/Pdt.G/2017/MS-Aceh judge has granted the applicant's request and dropped one raj'idivorce against the defendant. However, in both decisions the judge disagreed inconsidering the livelihood of the claimant/comparator's claim. In the decision No. 341/Pdt.G/2016/MS. The Panel of Judges only granted the reconciliation claim for livelihoodand without granting the livelihood of the Madhiyah reconciliation claim. Whereas in thedecision No. 44/Pdt.G/2017/MS-Aceh the Panel of Judges granted a claim forreconciliation of the iddah income along with the issue, kiswah, mut'ah and also grantedthe claim of reconciliation for the livelihood of madhiyah.

HAK WARIS BAGI ISTRI YANG DITALAK BAIN OLEH SUAMI YANG SEDANG SEKARAT PERSPEKTIF MAZHAB MALIKI DAN SYAFIâ€™I Mardiah, Ainun
Al-Qadha Vol 5 No 2 (2018): AL-QADHÃ Jurnal Hukum Islam Dan Perundang-Undangan
Publisher : IAIN LANGSA

Talak is a halal word but is hated by God, because it can only happen if in a household there is a conflict that can no longer be resolved and as a last resort for domestic life. Because of that there was adivorce that was dropped by the husband when he was dying and later died. In the event of a death, theproblem arises from the transfer of property from people who have died to people who are still alive. Inrelation to inheritance law, the wife who was dropped by the husband when he was dying and then diedthere was a difference of opinion between Imam Malik and Imam Shafi'i. The opinion of Imam Malik inthe books of al-Muwaththa 'and al-Mudawwanatul Kubra that his wife received inheritance. Whereas theopinion of the Qaul Jadid version of Shafi'i in the book al-Umm and the book Mughni Muhtaj that hiswife did not inherit absolutely.

HAK KONSTITUSIONAL PENGUSULAN PASANGAN CALON PRESIDEN DAN WAKIL PRESIDEN DALAM SISTEM PEMILIHAN UMUM DI INDONESIA Irwansyah
Al-Qadha Vol 5 No 2 (2018): AL-QADHÃ Jurnal Hukum Islam Dan Perundang-Undangan
Publisher : IAIN LANGSA

Political parties in the constitution of the Republic of Indonesia and the law have constitutionalrights to propose candidates for President and Deputy President. The current electoral systemrequires that before nominating the President and Vice President, political parties must have 20percent of the vote in the legislature / DPR or obtain 25 percent of the national legitimate votes inthe previous general election. With the implementation of this system, not all political parties canpropose candidates for President and Vice President candidates. Then what is the fate of the partythat does not achieve this provision even the new party which is also the first time participating inthe general election. With the application of the nomination threshold in the electoral system inIndonesia, it will certainly restrict or limit the constitutional rights of political parties that do not meet the desired conditions of the threshold

LARANGAN PERNIKAHAN ANTARA DUA ORANG YANG BERINISIAL SAMA DI ACEH TIMUR Hindun
Al-Qadha Vol 5 No 2 (2018): AL-QADHÃ Jurnal Hukum Islam Dan Perundang-Undangan
Publisher : IAIN LANGSA

Marriage is an inner and outer bond between a man and a woman as a husband and wifewith the aim of forming a happy and eternal family or household based on the One Godhead. InGayo custom, marriage to the people of Seulemak Buket Village is still sacred with its customs,namely there are customary prohibitions on marriage between two people with the same initials, ifsomeone who wants to carry out a marriage is not permitted because it can cause havoc or chaos inthe household. Because researchers are interested in examining further the prohibition on suchmarriage.

TA'ARUF LOCALITY: INTEGRATION OF ISLAMIC LAW AND CUSTOMARY LAW OF THE PHENOMENON USING TRIBE GREDOAN IN BANYUWANGI Ainiyah, Qurrotul
Al-Qadha Vol 6 No 1 (2019): AL-QADHA : Jurnal Hukum Islam dan Perundang-Undangan
Publisher : IAIN LANGSA

This research is a study which used a qualitative approach with the type field research, which is related to the Gredoan tradition as the event of looking for a life partnerin using community located on Macan Putih Village, Kabat district in banyuwangi. In thispaper will explain how is the custom to find a mate in Banyuwangi society that has lastedsince long ago. Gredoan is the relations between customary law and Islamic law whichseeks to integrate between the customary laws with Islamic law in matters of marriage. theContributions of research are: First, there is public space in the form of practice the ta'arufprocess towards marriage in Banyuwangi Using society which known as gredoan custom.Second, that Islamic law turns out to have spaces to accommodate the customs as the jointsof Islamic law. gredoan Tradition as an al-?urf in using community of banyuwangi inta'aruf process towards marriage, it obtains legitimacy by the maq??id al-syar??ah which isbased on the rules is al-âdat al-Muhakkamah.

HISTORI PEMBERLAKUAN PERADILAN AGAMA ERA KERAJAAN ISLAM DAN PENJAJAHAN DI INDONESIA Faisal
Al-Qadha Vol 6 No 1 (2019): AL-QADHA : Jurnal Hukum Islam dan Perundang-Undangan
Publisher : IAIN LANGSA

The journey of the Religious Courts that has been passed in such a long period oftime means that we are talking about the past, namely the history of the Religious Courts.With the entry of Islam into Indonesia, which for the first time in the first century Hijri (1 H /7 AD) brought directly from Arabia by merchants from Mecca and Medina, the communitybegan to implement the teachings and rules of Islamic religion in everyday life. The ReligiousCourt is one of the Special Courts under the authority of the Supreme Court as the highestcourt in the Republic of Indonesia. As an Islamic Judiciary that had been established longbefore Indonesia's independence, the Religious Courts certainly could not be separated fromthe changes that occurred considering the reign of the Government of Indonesia had been heldby various people with different backgrounds, politics and goals, surely it would have animpact on the existence Religious Courts both materially and immaterially, including duringthe Dutch and Japanese colonial rule in Indonesia.

KONSEP MAHRAM DALAM HUKUM ISLAM ANALISIS HADIS DALAM KITAM AL- MUWATAâ€™ IMAM MALIK Chaliddin
Al-Qadha Vol 6 No 1 (2019): AL-QADHA : Jurnal Hukum Islam dan Perundang-Undangan
Publisher : IAIN LANGSA

Mahram in Islamic law is a necessity for women seeking traveler with reachingdistance masafah Qasar, though many occur polimik and debate on the issue, but the Islamic lawexists to balance the life of mankind in general especially those of Muslims. The problem in thispaper is How the concept of mahram according to Islamic law? How intent mahram in the bookof hadith al-Muwata 'Imam Malik? Mahram in Islamic law are those forbidden to marry awoman either nasab, musaharah or rida '(suckling). Mahram in the book of al-Muwata 'ImamMalik are the ones that have been mentioned in the Koran and Hadith dimena they can maintainand preserve women from the threat that the bus makes these women are not at ease, comfortableand peaceful so that if women who travel or other sebaginya unaccompanied by mahramnya thedevil and the devil upon him, the quality of the chains and Matan hadith of Abu Hurairah thathas takhrijed by Imam Malik is Sahih.

KEDUDUKAN MAZHAB, TAKLID DAN IJTIHAD DALAM ISLAM Karimuddin, Muhammad Zuhdi
Al-Qadha Vol 6 No 1 (2019): AL-QADHA : Jurnal Hukum Islam dan Perundang-Undangan
Publisher : IAIN LANGSA

The Mazhab is interpreted as a way of thinking of a mujtahid in finding law from the original source, namely the Qur'an and Hadith, or the opinion of a mujtahid. The mazhab means tofollow the opinion of Islamic jurists. The mazhab can also be interpreted as submitting to theImam of the mazhab or religious followers of the mazhab of law. The mazhab or follow themazhab as an alternative for those who are clouds or people who are unable to do ijtihad.

ANGGOTA TUBUH TERKHITBAH YANG BOLEH DI PANDANG MENURUT IBNU HAZM Rasyidin, Muhammad Alwin Abdillah,
Al-Qadha Vol 6 No 1 (2019): AL-QADHA : Jurnal Hukum Islam dan Perundang-Undangan
Publisher : IAIN LANGSA

To reach an ideal household (mawaddah warohmah), various preparatory efforts areneeded as early as possible to support the marriage. This preparation must have started since theintroduction process until there is a determination to get to the marriage level. Broadly speaking,preparations that must be required include a prospective husband and wife must be ready ormature physically, mentally (psychologically), socially and sexually. Khitbah in Indonesian isthe same as engagement, engagement or proposal. The word "khitbah" comes from Arabic whichis a masdar form of the word ??? which means to propose or propose. In the Indonesian IslamicEncyclopedia explained that Khitbah means the proposal or proposal, which is the proposal of aman who wants to marry a woman, whether she is still a girl or already a widow. In this caseproposal can be done by men and women in accordance with the customs that apply to thecommunity or the environment they live. Ibn Hazm has his own minhaj (method) inunderstanding texts, that is, the Zhahiri minhaj which is very different from the school ofworship that is adopted by jumhur. In understanding a text Ibn Hazm took directly from theprovisions of the text al-Qur'an and the hadith, he only looked at what they can see from theoutside only. Not proclaiming the law, not searching for ?illat, he eve n said that the text must beunderstood in its final way. Ibn Hazm argues that when preaching a man can see the whole bodyof his future wife without exception. Whether it's aurat or not.

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Muhazir

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muhazir@iainlangsa.ac.id

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+6281234282053

Journal Mail Official
muhazir@iainlangsa.ac.id

Editorial Address
Jl. Meurandeh Kecamatan Baro Langsa Lama Kota Langsa Provinsi Aceh

Location
Kota langsa,

Aceh

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Muhazir

Contact Email muhazir@iainlangsa.ac.id

Phone +6281234282053

Journal Mail Official muhazir@iainlangsa.ac.id

Editorial Address Jl. Meurandeh Kecamatan Baro Langsa Lama Kota Langsa Provinsi Aceh

Location Kota langsa, Aceh INDONESIA

Abstract

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Contact Name
Muhazir

Contact Email
muhazir@iainlangsa.ac.id

Phone
+6281234282053

Journal Mail Official
muhazir@iainlangsa.ac.id

Editorial Address
Jl. Meurandeh Kecamatan Baro Langsa Lama Kota Langsa Provinsi Aceh

Location
Kota langsa,

Aceh

INDONESIA