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INDONESIA
Jurnal AL-AHKAM
Published by Universitas Islam Negeri Imam Bonjol Padang
ISSN : 20868243     EISSN : 27226549     DOI : -
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Fokus kajian jurnal ini berkaitan dengan kajian hukum Islam dengan segala aspek yang berkaitan dengannya. Jurnal ini menampung semua bentuk artikel ilmiah yang berkaitan dengan kajian hukum Islam yang mencakup artikel penelitian, baik normatif-doktrinal dan empiris, dalam disiplin hukum Islam yang meliputi: Yurisprudensi Islam (Fiqh), Teori Hukum Islam (Usul al-Fiqh), Hukum di Dunia Muslim Modern (Legislasi / Kodifikasi, Statuta, Peraturan, Profesi Hukum, dan Lembaga), dan Hukum Komparatif, Hukum & Agama, atau Hukum & Masyarakat yang bersinggungan dengan Hukum Islam.
Arjuna Subject : Umum - Umum
Articles 78 Documents
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MANAJEMEN KONFLIK SEBAGAI UPAYA MEMPERTAHANKAN KEUTUHAN RUMAH TANGGA (Studi Kasus di Desa Lempur Tengah Kecamatan Gunung Raya Kabupaten Kerinci) Rama Dhini Permasari Johar; Hamda Sulfinadia
Jurnal AL-AHKAM Vol 11, No 1 (2020)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v11i1.1476

Abstract

This study discusses about marital conflict of the community in Lempur Tengah, one of village in Gunung Raya district, Kerinci Regency. The type of this research is a field research, with a qualitative approach. The primary data source in this study is the community of  Lempur Tengah Village, Gunung Raya District, Kerinci Regency. Secondary data sources consist of books and literature related to conflict management in the household. The data collection technique in this study is to use snowball sampling, while the technical data processing consists of 3 related things namely data reduction, data presentation and conclusion. The results of this research revealed several forms of marital conflict that occurred in the households of the Lempur Tengah Village community, Gunung Raya District, namely: verbal violence, physical violence, defensiveness, and withdrawal from the couple. Among the four forms of conflict verbal abuse is a dominant form of conflict. The causes of marital conflict in Lempur Tengah Village community are caused by several factors, namely economic factors, children, communication failure, jealousy and religious factors. The cause of the conflict in the households of the Lempur Tengah Village community was dominated by economic factors. Conflict resolution in this study refers to the 5 conflict management styles proposed by Robbins and Judge, namely the style of competition, collaboration, avoidance, accommodation and the style of compromise. The compromise style is the one most in accordance with what the Lempur Tengah Village community does in resolving conflicts that occur in marriage
Efektifitas Sidang Keliling dalam Meningkatkan Kesadaran Hukum Masyarakat; Studi Kasus Sidang Keliling Pengadilan Agama Muara Labuh dalam Penyelesaian Perkara Perceraian Noferi, Hendri
Jurnal AL-AHKAM Vol 10, No 2 (2019)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v10i2.1861

Abstract

Sidang keliling was conducted outside the courthouse, in a location far from the Religious Courts. The role of sidang keliling in increasing community le- gal awareness can be seen from the number of cases before and after. The sidang keliling facilitates, eases costs, and is efficient during the trial process. Hence, sidang keliling received a positive response which was shown by the large public interest in divorce cases. The roundtable session of the Muara Labuh Religious Court for Sangir Subdistrict, Sangir Jujuan, Sangir Batang Hari, Sangir Balai Janggo, Koto Parik Gadang Diateh District (KPGD) and Pantai Cermin Subdistrict are far from Muara Labuh Religious Courts and are at risk of accidents. Sidang keliling is arranged in the Supreme Court Letter of Excerpt (SEMA) No. 10 of 2010 concerning guidelines for legal aid provid- ers in appendix B for the Religious Courts environment, as well as Supreme Court Regulation No. 1 of 2014 concerning guidelines for the provision of le- gal assistance to disadvantaged communities in the courts. Legal socialization from the judges of the Muara Labuh Religious Court in the mobile court that can foster public legal awareness of the importance of legal divorce. Divorced couples officially remarry according to the rules of marriage in the Republic of Indonesia.
IMPLEMENTASI PERKARA PRODEO BAGI MASYARAKAT MISKIN DI PENGADILAN AGAMA KELAS 1A PADANG Nofri Hartos; Asasriwarni .
Jurnal AL-AHKAM Vol 11, No 1 (2020)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v11i1.1482

Abstract

This research is about the Implementation of Prodeo Cases for the Poor in the Class IA Religious Court of Padang. Problem in this research is why not all poor people who submit cases to the Padang Religious Courts get services through prodeo, and why those who do not fulfill the requirements can be granted prodeo, and how the implementation of the prodeo case in the Padang Religious Court. The objectives to be achieved in this research are: (1) to explain why not all poor people who filed cases to the Padang Religious Court received services by prodeo, (2) to explain why parties who did not meet the requirements turned out to be granted a prodeo, and (3) to explain how the implementation of prodeo cases in the 1A class of Religious Courts in Padang. This research is in the form of field research while the primary data sources are interviews at the Class IA Religious Courts of Padang, then secondary data in the form of laws, books and documents - the data collection techniques used are through literature studies and related documentation later. followed by interviews with Deputy Chairpersons, Registrars, Treasurers, Substitute Registrars and Posbakum, while data analysis used a descriptive method. The results of this research reveal that: The causes so that not all poor people who filed cases at the Padang Religious Court to obtain services in a prodeo were due to the lack of funds provided by the government to the Padang Religious Court which amounted to Rp. 31,500,000. for 105 cases in 2018 and Rp. 7,500,000. For 25 cases in 2017 and Rp. 4,800,000, for 16 cases in 2016, so as to even justice for the poor in the city of Padang, the Religious Court provides additional conditions in litigation, namely: (a) Application with the defendant must be in one area, namely the City of Padang, (b) Prodeo cases are only permitted in marriage cases, such as marriage, divorce, divorce divorce, and marriage dispensation, and (c) Prodeo cases can only be received in 3 (three) cases per week. Explanation of parties that did not fulfill the requirements turned out to be granted by prodeo because of the excess funds issued in the previous prodeo case. So that the funds do not return to the state, the Padang Religious Court grants the Defendant's case domiciled outside the city of Padang, but this is very risky, because there is no certainty about the funds to be spent on the case. If the funds can be sufficient, as long as it will be safe in case of case costs. The implementation of the prodeo case at the Padang Religious Court has been carried out as stipulated by Perma Number 1 of 2014. However, there are very few funds provided by the government for prodeo cases so that there are still many poor people in Padang City who have not been allocated prodeo in Class IA Religious Court Padang
KESADARAN HUKUM PEREMPUAN BERPERAN GANDA PASCA PERCERAIAN (Studi Kasus Di Kecamatan Tanjung Raya Kabupaten Agam) Yunita Eliza; Ikhwan .
Jurnal AL-AHKAM Vol 11, No 1 (2020)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v11i1.1477

Abstract

This research is intended as a study to find out the legal awareness of women's dual roles after divorce in assuming double responsibility. Obligation to provide income to children of ex-husband or father is an important issue as a form of responsibility of a father to the child, even though divorced. However, in reality, the decision to determine the cost of child care that has been determined by the Religious Court Judge and charged to ex-husband is not obeyed, so that mothers who look after children have difficulties in supporting their children and choose to take over the roles and obligations of ex-husband. This study aims to: First, find out how women's knowledge plays a dual role after divorce in Tanjung Raya District, Agam Regency. Second, knowing how women's understanding plays a dual role after divorce in Tanjung Raya District, Agam Regency. Third, find out how women's attitudes play a dual role in dual roles in households in Tanjung Raya District, Agam Regency. Fourth, knowing how women's behavior plays a dual role in assuming double responsibility in Tanjung Raya District, Agam Regency.This research is a field research with a qualitative approach. Qualitative research emphasizes the analysis of thought processes inductively related to the dynamics of the relationship between observed phenomena, and always using scientific logic. The technique of collecting data is done through observation and interviews. Interviews were conducted with 10 women who had divorced their husbands (widows) in Tanjung Raya Sub-District, Agam Regency. Testing the validity of the data is done by cross-checking between one interview result with another interview.This research shows that women's legal knowledge plays a dual role, namely some women know the provisions that their ex-husband still has obligations and some other women do not know the provisions. Understanding women's law plays a dual role tends not to understand the rule of law in detail. Women's legal attitudes play a dual role after divorce including attitudes to accept applicable provisions and attitudes of not expecting the entry into force of the law because they only focus on the roles they perform. Women's legal behavior plays a dual role after divorce and ex-husband is not in accordance with the rule of law and women play a dual role after divorce does not claim their rights to court.     Whereas women's legal awareness plays a dual role in Tanjung Raya District, Agam Regency is still low. This can be seen from several factors including the low level of education, lack of legal socialization, the influence of community culture, and the strengthening role of women in society
Persepsi dan Perilaku Mubaligh terhadap Bank Syariah di Kota Padang Ardianis, Ardianis
Jurnal AL-AHKAM Vol 10, No 2 (2019)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v10i2.1862

Abstract

The variety of product which Syari ‘ah Banking offer gives the citizen an opportunity to choose a bank that suit their needs. How the decision is taken was influenced by perception and attitude, same thing goes for mubaligh. For the growth of bank syari ‘ah it requires a mechanism which could introduce, socialize, and promote bank syari ‘ah into the society.  Socialization can be done by mubaligh. In their religious proselytizing mubaligh could inform about  bank syari ‘ah. The focus  of these research are perception  and attitude mubaligh ‘s  towards  bank syari ‘ah. The pwpose  of this research is to find kinds of factor which influenced mubaligh ‘s perception and attitude in using bank syari ‘ah in padang city.   The sample of this research are mubaligh who lived in padang ‘city and come from influential Islamic organization which are Nahdlatul Ulama, Muhammadiyah, and the Association of Islamic Tarbiyah. The choosing of sample is done with the method pwposive  sampling.  This research is using quantitative approach, while the method which was used in this research is descriptive method. Research shows that the most influencing factor for mubaligh ‘s perception in padang city are personal factor, which are item syari ‘ah banking based on moral/trust in each other and justice, syar‘ah banking applied nisbah, choosing syari’ah banking based on MUI’s fatwa about forbidding contribution. While the most influencing factors for mubal- igh ‘s attitude in padang city is cultural factor, which is item a statement about choosing syari ‘ah banking because syari ‘ah banking are open for global.
Larangan Perkawinan Sesuku dalam Masyarakat Canduang; (Tinjauan Kemaslahatan dalam Hukum Islam) Danil, Muhammad
Jurnal AL-AHKAM Vol 10, No 2 (2019)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v10i2.1857

Abstract

Intermarriage among one tribe is a model of marriage that is prohibited in custom. This marriage is used in Minangkabau society which almost entirely embraced Islam. However, this ban can survive from the very beginning until now as seen in the present day society. This study aims to find out what is the reason, the form of marriage restriction among citizens in one tribe and its legal consequences to Canduang’s society. In this study the writer uses the analysis of mashlaha in Islamic law for what reason of society’s inhibitions in prohibiting marriage among tribal people; how the form of kemashlahatan ban marriage between tribal people and how the consequences of marriage ban law among tribal people. This study shows that the reason for marriage ban among tribal people in the “canduang” society is a shame factor. This prohibition is used to prove that between one tribe’s relatives must be maintained for being a wider level of unity. Penalties imposed on offenders aimed at preventing fractures in the fraternal system within the tribe and continue to maintain a sil- aturrahmi tie between members of the Canduang community. The prohibition affects the strong sense of unity within the country. Either way, legal conse- quences, and forms of marriage restriction among tribal people are included in one form of mashlahah mursalah
PERKAWINAN JANDA TANPA AKTA CERAI (Studi Kasus pada Masyarakat Kecamatan Lengayang Kabupaten Pesisir Selatan) Januardi, Hengki; Efrinaldi, Efrinaldi; Efrinaldi, Efrinaldi
Jurnal AL-AHKAM Vol 11, No 1 (2020)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v11i1.1478

Abstract

He problem in the widow's marriage without a divorce certificate was a marriage carried out by a widow at the Office of Religious Affairs without a divorce certificate from the Religious Court, and the Office of Religious Affairs recorded the marriage. This type of research is field research using the sociological approach of Islamic law. The results revealed several findings about the factors causing widow marriages without divorce certificates from the Religious Courts, namely: (1) factors that cause widow marriage without divorce certificates are economic factors, widow desire factors for marriage and lack of public legal awareness of marriage. The legal consequence is that the marriage can be canceled (Article 22 of Law No. 1 of 1974). Children remain joint responsibility and shared assets can be divided between husband and wife (2) widow's marriage procedure without divorce certificate in accordance with the positive law stipulated in KMA No. 477 of 2004 jo. KMA No. 298 of 2003. However, the KUA married it with an attachment to the divorce statement from Wali Nagari as a requirement for marital administration. (3) The KUA's consideration in carrying out widow marriage registration without divorce certificate was that the widow had divorced and arrived in the period the marriage is already complete in the Shari'a. If the marriage is not carried out, it will have a negative impact on both parties such as adultery and public gossip
PERKAWINAN EKSOGAMI PADA MASYARAKAT SUKU “ANAK DALAM” DI NAGARI BONJOL DAN BANAI KABUPATEN DHARMASRAYA SUMATERA BARAT Nola Putriyah P; Makmur Syarif; Salma Salma
Jurnal AL-AHKAM Vol 11, No 1 (2020)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v11i1.1405

Abstract

Basically, the Suku Anak Dalam marriage, abbreviated as SAD, adopts an endogamy system, where the SAD community emphasizes that the marriage is conducted by fellow SAD. However, in the end the system experienced a shift to an exogamy, so marriages between SAD and outsiders took place in Nagari Bonjol and Banai. The purpose of this study was to determine the reasons for exogamy marriages in the SAD community and to determine the resilience of ex-family marriages of SAD communities in Nagari Bonjol and Banai.This research is a field research. Data collection techniques through observation, interviews, and documentation. To analyze data, the authors use data reduction, data display, and drawing conclusions or verification. The results of this study stated that: First, the reason for allowing exogamy marriages in the SAD community was due to the acculturation between SAD and the community which had implications for the dynamics of life and the SAD perspective. This makes SAD accept new things outside the customary provisions that have been practiced. Second, a marriage based on the word love alone is a fragile marriage. Therefore, each pair must have a strong religious foundation so that all forms of problems can be faced.
Analisis Pelaksanaan Pembiayaan Ijarah Multijasa untuk Re- planting Kebun Kelapa Sawit menurut Fatwa Dewan Syariah Nasional (Studi Kasus Di Pt.Bank Muamalat Indonesia Tbk. Kantor Cabang Padang) Lubis, Riyani Fitri
Jurnal AL-AHKAM Vol 10, No 2 (2019)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v10i2.1863

Abstract

Shariah banking operations have ignored the absurdity of applying the principles in the contract . In practice there is also a discrepancy between its practice and Islamic law. Shariah banking provides technical funding that is  considered only relatively easier  to  implement. At PT. Bank  Muamalat Indonesia  Tbk. Branch  Office of  Padang, for  multi-service  financing used contract ijarah. While  in  the  financing is required package services  and re- planting goods.  The focus of these studied research is implementation mul- tijasa ijarah financing for replanting of   oil   palm   plantations at   PT . Bank Muamalat Indonesia Tbk. Padang Branch Office has been according accord- ingly Fatwa of Sharia National Council . The purpose of this study is to analyze and disclose the review Fatwa of Sharia National Council on the implemen- tation  of multijasa ijarah financing for replanting of  oil  palm  plantations in PT. Bank Muamalat Indonesia Tbk. Branch Office of Padang. This research is in the form of qualitative deskriptif. The results of this study show that im- plementation of multijasa ijarah financing at PT. Bank Muamalat Indonesia Tbk. The Branch Offices of Padang for replanting the oil palm plantations as a whole have not been in accordance with the Fatwa of Sharia National Council. As for things that are not in accordance with the Fatwa of Sharia Na- tional Council is the writing of ujrah.  Ujrah at PT. Bank Muamalat Indonesia Tbk. Branch Office of Padang is still written in the percentage of 14% of year, although it is from the agreement between both parties, but in the Fatwa of Sharia National Council  Board fatwa on multijasa ujrah financing not in per- centage form but in nominal form.
Pemikiran Muhammad Syahrur tentang Wasiat Elva mahmudi; Elfia Elfia
Jurnal AL-AHKAM Vol 10, No 2 (2019)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v10i2.1858

Abstract

Muhammad Syahrur viewed the ulama’s understanding of testaments as being very raw and stagnant so that it did not provide room for movement in resolving later cases. Therefore he suggests new ideas related to the testament which would symbolize that the Koran was indeed “shâlihun lî kulli zamân wa makân”. Syahrur sees the position and application of the testament more than the inheritance. The istinbath method of the Shahrur law is only of two kinds, which are sourced from the Koran and the Sunnah. The difference in views of Shahrur is based on his views on the Koran and the Sunnah which are different from the majority of scholars. In studying the Koran he also relied on sever- al approaches namely: linguistic, philosophical and intra-textual. The thought brought by Syahrur was in contradiction with classical scholars. Therefore, Syahrur’s opinion cannot be freely adopted in responding to the reality of fiqh today and is not one of the forms of renewal of Islamic law. However, what Syahrur did in the testament issue must not all be rejected outright, but there are parts that can be adopted in applying the will law.

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