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Zainal Azwar
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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 10 Documents
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Search results for , issue "Vol 11, No 1 (2020)" : 10 Documents clear
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
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
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.
PEMALSUAN SURAT KETERANGAN KEMATIAN SUAMI ATAU ISTRI SEBAGAI SYARAT UNTUK PERKAWINAN BARU DI KANTOR URUSAN AGAMA (KUA) KECAMATAN LENGAYANG KABUPATEN PESISIR SELATAN Hasanatul Wahida; Yusnita Eva
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.v11i1.1479

Abstract

Latarbelakangi penelitian ini adanya pembuatan surat keterangan kematian yang dikeluarkan wali nagari, sementara orang yang dinyatakan mati masih hidup. Surat keterangan kematian itu digunakan syarat untuk perkawinan baru di KUA. Jenis peneliatan yang digunakan adalah penelitian lapangan dengan pendekatan kualitatif. Sedangkan analisis data dalam penelitian ini yaitu dilakukan dengan teknik reduksi, display, dan verifikasi. Hasil penelitian menunujkan bahwa (1) penyebab pemalsuan surat keterangan kematian sebagai syarat untuk menikah adalah ada masyarakat yang enggan untuk bercerai di pengadilan. Surat keterangan kematian ini dikeluarkan oleh wali nagari dengan syarat surat pertanggungjawaban yang dibuat oleh pihak pengantin dan ditandatangai oleh kepala kampung. (2) Akibat hukum yaitu perkawinan secara hukum Islam sah, Namun, perkawinan tersebut cacat hukum karena terdapat kebohongan dalam administrasinya dan dapat dibatalkan melalui Pengadilan Agama. Secara hukum negara jika laki-laki sebagai pemalsu maka perkawinannya poligami. Jika istri sebagai pemalsu maka perkawinannya poliandri. KUHP mengatur perbuatan pemasluan surat dalam pasal 264, 266, 269 dengan hukuman penjara paling lama delapan tahun. (3) Upaya KUA mengatasi pemalsuan surat keterangan kematian sebagai syarat untuk menikah adalah memberikan, penyuluhan, sosialisasi kepada masyarakat terutama kepada orang yang hendak menikah, mamak, kepala kampung, dan wali nagari. Namun, upaya hukum yang dilakukan KUA meminimalisirnya tidak berjalan secara optimal dengan bukti masih ada sebagian masyarakat yang melampirkan surat keterangan kematian untuk menikah di KUA.
HUKUM VAKSIN MEASLES RUBELLA (Analisis Fatwa MUI Nomor 33 Tahun 2018) Wahyu Fadhilatul Hikmah; Zainal Azwar
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.v11i1.1474

Abstract

The Muslim community was shocked by the government policy regarding Measles Rubella (MR) vaccine which has been proven to contain haram elements. Muslims are increasingly uneasy and confused by the central MUI fatwa that approves the use of MR vaccine is allowed on emergency grounds. This paper analyzes the MUI fatwa number 33 of 2018 regarding the ability to use the MR vaccine for reasons are darurat so itjustifies something is prohibited. The method used is descriptive qualitative and it is library research. The use of reasons darurat to allow the use of vaccines that are clearly haram &prohibited is inappropriate, MUI uses the excuse of rats being too light. MR plagues in Indonesia cannot yet be determined as conditions of extraordinary conditions or circumstances which can threaten the survival of one of the objectives of the shari'ah which is to save lives. There is no certainty and concrete data that explain the state of the MR epidemic in Indonesia. The criteria for the condition of darurat so the haram can be breaked are as follows: darurat has occurred, it is ensured that by doing what is illegal can eliminate the danger,being forced because there is no other way for the loss of dharar,haram is lighter than the danger that will befall, darurat does not contradict with the principles of Islamic law, something that is haram or forbidden to be consumed when it is taken modestly,regard totreatmentthere must be a statementfrom a competent doctor in terms of illness and treatment for which there is no medicine other than that which is haram according to syara',the situation of darurat is not limited in time, andthere must be an official statementrelating to the darurat from the government of a country.
PELAKSANAAN NIKAH DAN CERAI DUSUN DI KECAMATAN SIULAK KABUPATEN KERINCI Yulisa, Ike; Firdaus, Firdaus
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.v11i1.1480

Abstract

This thesis is entitled the implementation of  nikah and cerai dusun in the sub-district of Siulak district, Kerinci. Kerinci Regency who are married and divorced from the hamlet. This is not in accordance with the provisions of Law No. 1 of 1974 and KHI. Marriage and divorce of the hamlet is carried out involving local teganai. This type of research is field research with a qualitative approach, data analysis in this study by means of descriptive analysis.The results of this study is the implementation of the dusun marriage in Siulak Subdistrict is: the couple who will carry out the dusun marriage inform their willingness to the chief assistant in the local village; the head assistant conveyed the matter to the village head and teganai; the the hamlet pays customary fees, the implementation of the marriage contract. The hamlet divorce implementation in Siulak Subdistrict is: First, those who want to divorce invite traditional leaders or figures. Second, the hamlet divorce process is known as sitting teganai. The cause of  nikah dusun is due to economic, education, lack of religious knowledge, environment and etc. The causes of divorce are due to economic factors, education, a long divorce process and etc.
PARADIGMA PENDEKATAN SISTEM DALAM KAJIAN HUKUM ISLAM MENURUT JASSER AUDA Wendry, Novizal; Syafruddin, Syafruddin
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.v11i1.1475

Abstract

Usul al-fiqh and fiqh are a mechanism and a product of ijtihād were born in the Islamic classical period. Along with the times, this mechanism should adopt modern science so that the resulting of fiqh can answer the needs of the times. Jasser Auda is offering a systems approach in applying Islamic law. According to Auda, consideration needs maqashidī through the analysis of six features; cognitive nature, wholeness, openness, interrelated hierarchy, multi-dimensionality, and purposefulness. So that, Islamic jurisprudence can be validated by analyzing of these features till the humanist, justice, peace, care for the environment, and following of the development of science of Islamic jurisprudence can be realized
PERSEPSI TOKOH ISLAM DI KOTA PADANG TENTANG POLIGAMI DALAM ASPEK MASLAHAH Hayattullah, Kumaini; Zulkarnaini, Zulkarnaini; Bahar, Muchlis
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.v11i1.1481

Abstract

Polygamy is a man who has a wife more than one up to four people. In Islamic view, polygamy can be done if it meets the recuirements that are clearly mentioned in the Qur’an, that is being able to be fair. The fair referred includes several parts, namely: fair in the shared time, fair in living, fair in the place of recidence and fair in the cost of the child. Rasulullah’s polygamy is different from the polygamy phenomena that we face today. The practice of the prophet’s polygamy is not based on biological needs, but there are several considerations including wanting to honor the window, raising the degree of windows and women who offer herself to be married. In the present, polygamy is based solely on biological needs, and lose the element of justice in it.

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