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Penerapan Sanksi Bagi Pelaku Nikah Siri Dalam Fatwa MPU Aceh Nomor 1 tahun 2010 Tentang Nikah Siri Agustin Hanapi; Sudjah Mauliana
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 1 (2022): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Some society assumed that all person who perform marriages under the hands or unregistered marriages are marriages that are carried out secretly without the knowledge of official officers, namely mariages record officer. Unregistered marriages become a problem in the community that canâ€™t stop it soon, more harm than good. Unregistered marriages can also have a big impact on the consequences of the marriages law there is especially an bad effect on women and children. Now a days much of all still many unregistered marriages processed, because there are still many unofficial marriages with decision of false judge, therefore need for applicate the sanctions for the two perpetrators of unregistered marriages, in this case teh MPU Aceh have the create Fatwa about this problem one, so they must state a regulation to protect this habitual can not occur again in our community. Therefore, the researcher is interested in reviewing the application of sanctions for unregistered marriages perpetrators in MPU Aceh Fatwa No. 1 of 2010 concerning Siri Marriages. The research methods used are field research and literature research. The result in this study state that MPU Aceh applied sanctions for perpetrators of this series of marriages against false judge with imprisonment, the presence of false judge this unregistered marriages is viral now, therefore there needs to be sanctions applied. In the study of Maqasid Syarâ€™iyah the recording of marriages agreements falls into the category of primary benefits of Daruriyat that can protect and maintain the benefit of religion, soul, reason, offspring, and property. Related to offspring, because with the recording, for women children benefif from the wife gets an inheritance and the child gets.

Dasar Pertimbangan Hakim Terhadap Kesaksian Saksi Istifadah Dalam Perkara Itsbat Nikah Husni Mubarak; Sindi Rahmadani
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 1 (2022): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

This research is based on a case which registered in Mahkamah Syarâ€™iyah Kualasimpang as case number 10/Pdt.P/2021/MS.Ksg about istbat nikah wherein this case the witnesses who gave their testimonies were istifÄá¸ah witnesses whereas an istifÄá¸ah witness does not meet the criteria as a witness nor meet the matril requirements as regulated in clause 171 verse (1) HIR, clause 308 Rbg and 1907 The Book Of Civil Law all of which say every witness has to give their testimony based on what they saw, heard and experienced in an event while an istifÄá¸ah witness had only heard rumor or story from someone else that an event has occurred. Based on this witnessesâ€™ testimonies, judges authorized istifÄá¸ah witnesses to give their testimonies to be heard in trial. Therefore researcher is interested to study further on howcome judges to consider the authorization of istifÄá¸ah witnesses testimonies in istbat nikah case number 10/Pdt.P/2021/MS.Ksg and how Islamic law views the use of istifÄá¸ah witnessesâ€™ testimonies in an istbat nikah case. The methods used in this research are field study method and library study method with juridical normative approach. The result of the research claims that istifÄá¸ah witnessesâ€™s testimonies can be heard in trial as long as the testimonies given cannot be proved otherwise then the testimonies are true, it means as long the testimonies cannot be denied by another evidence, then two evidences in a form of document and testimony are sufficient, and by considering the matching of the testimonies given by the two witnesses then the testimonies given by istifÄá¸ah witnesses are acceptable as judgesâ€™ preasumption, Islamic law views this matter can only be applied in some cases, one of which is istbat nikah case, with this in mind judges grant the pleader I and the pleader II their plead.

Efektifitas Pelaksanaan Itsbat Nikah Sebagai Upaya Perlindungan Terhadap Istri Di Kabupaten Aceh Utara Bukhari Bukhari; Safira Hasriani Putri
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 1 (2022): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Itsbat nikah carried out by the Aceh Government are regulated in Aceh Governor Regulation Number 25 of 2017 which states that the Implementation of Marriage Legalization (Itsbat Nikah) is carried out with the aim of helping people in Aceh who marry during the conflict, tsunami disaster and poor communities in obtaining marriage certificates. However, the imple mentation of itsbat nikah carried out by the Government has not been carried out according to the target. Especially in North Aceh Regency, there are still many married couples who have not yet been married. So this will greatly affect the legal protection of the wife. Therefore, researcher is interested in examining how the procedure for implementing itsbat nikah in North Aceh Regency is, what are the inhibiting factors for the in effectiveness of itsbat nikah in North Aceh Regency, and how the impact of implementing itsbat nikah as an effort to protect wives in North Aceh Regency is. The research method of this study used field research with an empirical juridical approach. The results of this study stated that the procedure for implementing an integrated itsbat nikah in North Aceh Regency started from registration at the District KUA, verifying files and then being tried by the Syar'iyah Court and after that the decision was issued. As for itsbat independent marriage, the procedure is the same as in other civil cases. Based on data on the itsbat nikah case in North Aceh Regency in 2015-2021 that the implementation of itsbat nikah in North Aceh Regency has not been effective, because it is not in accordance with the targets that have been determined at the beginning, there are still 24.82% who have not been certified for marriage. This is due to the limited budget from the Government and the Covid-19 that has occurred in Indonesia. So that the implementation of the itsbat nikah greatly impacts the legal protection of the wife, such as the wife's rights in terms of livelihood, inheritance, joint property, and so on.

Hukum Terhadap Hibah Harta Bersama Kepada Anak Hasil Nikah Siri Aulil Amri; Tajul Iflah
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 1 (2022): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

This article is motivated by the case at the Syar'iyah Court of Banda Aceh in Decision Number 283/Pdt.G/2019/Ms.Bna regarding grants originating from joint assets given to children from unregistered marriages. Even though the property is a joint property between a legal husband and wife obtained during the marriage period with a legal wife, in the property there is still part of the rights of the legal wife or first wife. However, the husband and wife donate the property to the child of the siri marriage without having the permission of the first wife. Therefore, researchers are interested in examining how the fiqh provisions relate to grants of joint property to children resulting from unregistered marriages, why the Panel of Judges of the Banda Aceh Syar'iyah Court rejected the plaintiff's lawsuit against the cancellation of joint property grants to children resulting from unregistered marriages, and what is the basis for the legal considerations. The research methods used are field research and library research. The results of the study state that the provisions in fiqh on the grant of joint property to children resulting from unregistered marriages are valid if there is permission from both parties who own the joint property. If a joint property grant is given to a child resulting from an unregistered marriage without permission from one of the donors, then the grant is invalid, because the condition for the property to be donated must be mil kultam, that is own property may not donate other people's property. The panel of judges at the Banda Aceh Syar'iyah Court rejected the plaintiff's claim against the cancellation of the joint property grant to a child resulting from an unregistered marriage in decision number 283/Pdt.G/2019/Ms.Bna because the case contained a formal defect in which the plaintiff occupied a minor. In Defendant III, minors do not have legal standing as litigants, that is, they do not have legal standing. Therefore, the judge could not accept the case. The plaintiff may re-file a lawsuit for the cancellation of the joint property grant (a new lawsuit) by not placing a minor as defendant III, only then can the judge process the case again.

Al-Ribhu (Keuntungan) Dan Ketentuannya Dalam Fiqh Islam Yusnaidi
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 1 (2022): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Al-Ribhu (profit) is a goal that every business actor wants to achieve in carrying out economic activities. In Islam, it does not regulate certain limits on a profit that must be achieved by business actors in carrying out economic activities. Basically every economic activity in Islam is based on Islamic law, so that every economic activity carried out by every business actor cannot be separated from a halal and good process in obtaining profits. In this study, we will discuss Al-Ribhu, analyze existing definitions based on verse arguments and hadith arguments, and put forward some opinions of scholars related to Al-Ribhu in economic activities. This study also discusses the Al-Ribhu law which is in accordance with the Shari'a and the Al-Ribhu law which is not in accordance with the Shari'a in the implementation of economic activities. This study uses a normative analytical research methodology with the type of research that is library research. In Islamic law it allows every business actor to profit from every economic transaction, which of course is obtained in a lawful way, and Islamic law forbids all profits (profits) obtained through fraudulent methods and market exploitation. Shari'a does not limit profits (profits) to a certain amount but is released to market conditions, provided that market conditions are normal and there is no exploitation.

Peran Legislatif Perempuan Dalam Pembentukan Qanun Di DPRA Periode 2014-2019 Tinjauan Dari Perspektif Islam Arifin Abdullah
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 1 (2022): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Role is participation in activities both in the institution and in the community. One of the roles and positions of women in the DPRA is in the process of forming Qanun. Qanun is a legal product made by the DPRA together with the governor of Aceh which is regulated in Law no. 11 of 2006 concerning the Government of Aceh. In this case, the formulation of the problem is how the role of women during the sultaniah period until now and how the position of women as long as the woman was involved in the formation with a review of Islamic law. The purpose of this research is to find out and examine how the role of women in the formation of Qanun in the DPRA during their tenure as members of the legislature is to find out the obstacles and opportunities faced by female politicians in forming the Qanun. The author conducts qualitative research using an empirical normative approach, namely legal research regarding the application of normative legal provisions (codification, laws or contracts) in action on every particular legal event that occurs in society. Sources of data taken by the author, through primary data sources and secondary data. The primary data source is through field research, namely by conducting interviews with members of the DPRA. Meanwhile, secondary data sources are through library research, namely documents and lists of related reading books. The results of the research carried out by the author are that the role of women in the process of forming the qanun is only as a member who proposes, gives opinions and critiques, it is rare for a woman to be the chairman when drafting the qanun, in Islam women are only as input providers who decide, namely Rasulullah as in the Hudaibiyah agreement.

Penerapan Sanksi Bagi Pelaku Nikah Siri Dalam Fatwa MPU Aceh Nomor 1 tahun 2010 Tentang Nikah Siri Agustin Hanapi; Sudjah Mauliana
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 1 (2022): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i1.1567

Some society assumed that all person who perform marriages under the hands or unregistered marriages are marriages that are carried out secretly without the knowledge of official officers, namely mariages record officer. Unregistered marriages become a problem in the community that can’t stop it soon, more harm than good. Unregistered marriages can also have a big impact on the consequences of the marriages law there is especially an bad effect on women and children. Now a days much of all still many unregistered marriages processed, because there are still many unofficial marriages with decision of false judge, therefore need for applicate the sanctions for the two perpetrators of unregistered marriages, in this case teh MPU Aceh have the create Fatwa about this problem one, so they must state a regulation to protect this habitual can not occur again in our community. Therefore, the researcher is interested in reviewing the application of sanctions for unregistered marriages perpetrators in MPU Aceh Fatwa No. 1 of 2010 concerning Siri Marriages. The research methods used are field research and literature research. The result in this study state that MPU Aceh applied sanctions for perpetrators of this series of marriages against false judge with imprisonment, the presence of false judge this unregistered marriages is viral now, therefore there needs to be sanctions applied. In the study of Maqasid Syar’iyah the recording of marriages agreements falls into the category of primary benefits of Daruriyat that can protect and maintain the benefit of religion, soul, reason, offspring, and property. Related to offspring, because with the recording, for women children benefif from the wife gets an inheritance and the child gets.

Dasar Pertimbangan Hakim Terhadap Kesaksian Saksi Istifadah Dalam Perkara Itsbat Nikah Husni Mubarak; Sindi Rahmadani
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 1 (2022): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i1.1581

This research is based on a case which registered in Mahkamah Syar’iyah Kualasimpang as case number 10/Pdt.P/2021/MS.Ksg about istbat nikah wherein this case the witnesses who gave their testimonies were istifāḍah witnesses whereas an istifāḍah witness does not meet the criteria as a witness nor meet the matril requirements as regulated in clause 171 verse (1) HIR, clause 308 Rbg and 1907 The Book Of Civil Law all of which say every witness has to give their testimony based on what they saw, heard and experienced in an event while an istifāḍah witness had only heard rumor or story from someone else that an event has occurred. Based on this witnesses’ testimonies, judges authorized istifāḍah witnesses to give their testimonies to be heard in trial. Therefore researcher is interested to study further on howcome judges to consider the authorization of istifāḍah witnesses testimonies in istbat nikah case number 10/Pdt.P/2021/MS.Ksg and how Islamic law views the use of istifāḍah witnesses’ testimonies in an istbat nikah case. The methods used in this research are field study method and library study method with juridical normative approach. The result of the research claims that istifāḍah witnesses’s testimonies can be heard in trial as long as the testimonies given cannot be proved otherwise then the testimonies are true, it means as long the testimonies cannot be denied by another evidence, then two evidences in a form of document and testimony are sufficient, and by considering the matching of the testimonies given by the two witnesses then the testimonies given by istifāḍah witnesses are acceptable as judges’ preasumption, Islamic law views this matter can only be applied in some cases, one of which is istbat nikah case, with this in mind judges grant the pleader I and the pleader II their plead.

Efektifitas Pelaksanaan Itsbat Nikah Sebagai Upaya Perlindungan Terhadap Istri Di Kabupaten Aceh Utara Bukhari Bukhari; Safira Hasriani Putri
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 1 (2022): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i1.1638

Itsbat nikah carried out by the Aceh Government are regulated in Aceh Governor Regulation Number 25 of 2017 which states that the Implementation of Marriage Legalization (Itsbat Nikah) is carried out with the aim of helping people in Aceh who marry during the conflict, tsunami disaster and poor communities in obtaining marriage certificates. However, the imple mentation of itsbat nikah carried out by the Government has not been carried out according to the target. Especially in North Aceh Regency, there are still many married couples who have not yet been married. So this will greatly affect the legal protection of the wife. Therefore, researcher is interested in examining how the procedure for implementing itsbat nikah in North Aceh Regency is, what are the inhibiting factors for the in effectiveness of itsbat nikah in North Aceh Regency, and how the impact of implementing itsbat nikah as an effort to protect wives in North Aceh Regency is. The research method of this study used field research with an empirical juridical approach. The results of this study stated that the procedure for implementing an integrated itsbat nikah in North Aceh Regency started from registration at the District KUA, verifying files and then being tried by the Syar'iyah Court and after that the decision was issued. As for itsbat independent marriage, the procedure is the same as in other civil cases. Based on data on the itsbat nikah case in North Aceh Regency in 2015-2021 that the implementation of itsbat nikah in North Aceh Regency has not been effective, because it is not in accordance with the targets that have been determined at the beginning, there are still 24.82% who have not been certified for marriage. This is due to the limited budget from the Government and the Covid-19 that has occurred in Indonesia. So that the implementation of the itsbat nikah greatly impacts the legal protection of the wife, such as the wife's rights in terms of livelihood, inheritance, joint property, and so on.

Hukum Terhadap Hibah Harta Bersama Kepada Anak Hasil Nikah Siri Aulil Amri; Tajul Iflah
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 1 (2022): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i1.1675

This article is motivated by the case at the Syar'iyah Court of Banda Aceh in Decision Number 283/Pdt.G/2019/Ms.Bna regarding grants originating from joint assets given to children from unregistered marriages. Even though the property is a joint property between a legal husband and wife obtained during the marriage period with a legal wife, in the property there is still part of the rights of the legal wife or first wife. However, the husband and wife donate the property to the child of the siri marriage without having the permission of the first wife. Therefore, researchers are interested in examining how the fiqh provisions relate to grants of joint property to children resulting from unregistered marriages, why the Panel of Judges of the Banda Aceh Syar'iyah Court rejected the plaintiff's lawsuit against the cancellation of joint property grants to children resulting from unregistered marriages, and what is the basis for the legal considerations. The research methods used are field research and library research. The results of the study state that the provisions in fiqh on the grant of joint property to children resulting from unregistered marriages are valid if there is permission from both parties who own the joint property. If a joint property grant is given to a child resulting from an unregistered marriage without permission from one of the donors, then the grant is invalid, because the condition for the property to be donated must be mil kultam, that is own property may not donate other people's property. The panel of judges at the Banda Aceh Syar'iyah Court rejected the plaintiff's claim against the cancellation of the joint property grant to a child resulting from an unregistered marriage in decision number 283/Pdt.G/2019/Ms.Bna because the case contained a formal defect in which the plaintiff occupied a minor. In Defendant III, minors do not have legal standing as litigants, that is, they do not have legal standing. Therefore, the judge could not accept the case. The plaintiff may re-file a lawsuit for the cancellation of the joint property grant (a new lawsuit) by not placing a minor as defendant III, only then can the judge process the case again.

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Contact Name
Aulil Amri

Contact Email
jurnal.elhadhanah@ar-raniry.ac.id

Phone
+6281375449819

Journal Mail Official
jurnal.elhadhanah@ar-raniry.ac.id

Editorial Address
Program Study of Family Law of Department Faculty of Sharia and Law of the State Islamic University of Ar-Raniry Banda Aceh, Aceh, Indonesia.

Location
Kota banda aceh,

Aceh

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Aulil Amri

Contact Email jurnal.elhadhanah@ar-raniry.ac.id

Phone +6281375449819

Journal Mail Official jurnal.elhadhanah@ar-raniry.ac.id

Editorial Address Program Study of Family Law of Department Faculty of Sharia and Law of the State Islamic University of Ar-Raniry Banda Aceh, Aceh, Indonesia.

Location Kota banda aceh, Aceh INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Aulil Amri

Contact Email
jurnal.elhadhanah@ar-raniry.ac.id

Phone
+6281375449819

Journal Mail Official
jurnal.elhadhanah@ar-raniry.ac.id

Editorial Address
Program Study of Family Law of Department Faculty of Sharia and Law of the State Islamic University of Ar-Raniry Banda Aceh, Aceh, Indonesia.

Location
Kota banda aceh,

Aceh

INDONESIA