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Rizal Darwis
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Al-Mizan (e-Journal)
Published by Institut Agama Islam Negeri Sultan Amai Gorontalo
ISSN : 19070985     EISSN : 24428256     DOI : https://doi.org/10.30603
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Mizan (e-Journal) is a scientific periodical journal published by Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LP2M) IAIN Sultan Amai Gorontalo, Indonesia. The journal puts emphasis on aspects related to Islamic law studies, sharia, Islamic yurisprudence (fiqh) and law studies with various approaches of normative, philosophy, history, sociology, anthropology, theology, psychology, economic and is intended to communicate the original researches and current issues on the subject.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol. 15 No. 2 (2019): Al-Mizan" : 8 Documents clear
Tinjauan Hukum Islam terhadap Kawing Soro' Pada Masyarakat Bugis Kabupaten Bone Syawaluddin Hanafi; Anita Marwing; Arini Pratiwi
Al-Mizan (e-Journal) Vol. 15 No. 2 (2019): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v15i2.1307

Abstract

This study aims to determine the behavior of the Bugis community in Bone Regency in carrying out marriage. The development of marital culture and customs in the Bugis community in bone district, especially in terms of kawing soro’ became the main focus of this research. This research is a qualitative research with Islamic law approach. The results of this study found that habits in people's lives that were considered to be full of spiritual meaning became worthless after the existence of some Bugis communities in the district of Bone who performed kawing soro'. On the other hand, kawing soro' becomes compulsory if adultery is feared, in another sense that kawing soro' can be done if there are forced or emergency conditions. The Bugis community in Bone Regency who implements kawing soro' basically wants to carry out the commands of Allah and their Rasul, but it is not understood by the community that couples who do kawing soro', the husband is obliged to pay dowry even though only giving half and the wife may refuse to give the husband's rights like hanging out and having sex before the wife receives the specified dowry introduction.
Dinamika Hukum Keluarga Islam di Kuwait dalam Bidang Perwakafan dan Waṣiyyat al-Wājibah Haling Nasiki
Al-Mizan (e-Journal) Vol. 15 No. 2 (2019): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v15i2.1316

Abstract

The development of family law in an area follows the development of time, space, circumstances, intentions and customs in the area as Ibn Qayyim al-Jauziyah's theory. This article discusses the dynamics of family law in Kuwait related to waqf (charitable endowment) and waṣiyyat al-wājibah (special wills). This research is a qualitative descriptive study with the Islamic legal approach method. The results showed that the dynamics of family law in Kuwait developed over time. In the field of representation in Kuwait, people apply two forms of waqf, namely waqf ahli (family) and waqf khairi (the interest for people) This provision adapted the system of representation in Egypt and Lebanon. This representation was stipulated by the Endowment Act of 1951. While in the field of waṣiyyat al-wājibah in Kuwait derived Egyptian legislation and used the opinions of Imam Maliki, Hanbali and Shafi'i, waṣiyyat al-wājibah this is regulated in Law Number 5 Year 1977.
Pembubaran Organisasi Kemasyarakatan Perspektif Siyasah Syar’iyyah dan Negara Hukum Nabih Amer; Rahmat Teguh Santoso Gobel
Al-Mizan (e-Journal) Vol. 15 No. 2 (2019): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v15i2.1322

Abstract

This article discusses the problem of the dissolution of social organizations in Indonesia that is not in accordance with the principles of the rule of law. These problems will be answered methodologically using normative legal research. The author uses this legal research because the focus is on studying literature, legislation and court decisions relating to the object of research. Based on the results of the study this article concludes that the 1945 Constitution of the Republic of Indonesia emphasizes the importance of a system of checks and balances in which there needs to be a clear division of power between the executive and judicial functions. This means that in the case of the dissolution of social organizations it is very important to involve the court in deciding the dissolution of the social organization in Indonesia by structuring dispute resolution in the courts using the principle of quick, simple and low cost justice so that the process of dispute resolution of the social organization can be carried out effectively and efficiently.
Eksistensi Penghulu dalam Meminimalisir Perceraian di Kabupaten Gorontalo Utara Hasan Dau; Rizal Darwis
Al-Mizan (e-Journal) Vol. 15 No. 2 (2019): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v15i2.1324

Abstract

The position of the headman in marriage and household matters is very important. This is because the headman is in direct contact with the bride and groom's life. This article discusses the existence of the prince in minimizing divorce in North Gorontalo District. This research is a field study with a sociological approach to Islamic law. Data were collected by observation, interview and documentation methods which were processed using qualitative descriptive methods. The results of the study showed that the presence of the headman in North Gorontalo District was very large in his role in minimizing the occurrence of divorce. This success is due to an effective communication effort by the prince with the troubled family and the desire of the troubled party to resolve the problem in a family way.
Penerapan Hukum dalam Pembebanan Nafkah Istri Pasca Perceraian di Pengadilan Agama Limboto Kartiningsi Dako
Al-Mizan (e-Journal) Vol. 15 No. 2 (2019): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v15i2.1380

Abstract

This article discusses the livelihood of a post-divorce wife in the Limboto Religious Court by examining two decisions, namely Decision Number 419/Pdt.G/ 2016/PA.Lbt and Decision Number 618/Pdt.G/2018/PA.Lbt. These two decisions are different, although related to the burden of post-divorce wife's livelihood, so the problem in this article is how to apply the judge's law in determining the post-divorce wife's liability in the Limboto Religious Court? This research is a library research with a juridical normative approach. Data collected through literature study, then processed and analyzed descriptively qualitatively. The results showed the panel of judges of the Religious Court in the determination of the wife's post-divorce decision in the case of Decision Number 419/Pdt.G/2016/PA.Lbt and Decision Number 618/Pdt.G/2018/ PA.Lbt using the application of the law based on grammatical interpretation from the context of the husband's ability in terms of income, namely the actual ability and potential ability.
Menyorot Nikah Misyār Perspektif Pemikiran Hukum Islam Dulsukmi Kasim
Al-Mizan (e-Journal) Vol. 15 No. 2 (2019): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v15i2.1038

Abstract

This article discusses about the misyār marriage as considered a model of marriage by some to be odd because it is different from the normal model of marriage that is carried out by a married couple who are Muslim in general. This type of research is descriptive qualitative which is examined by the approach of Islamic law. The results of the study show that the conditions and pillars of marriage are indeed fulfilled, the functions and responsibilities of the husband and wife continue to run normally and are not limited by time. Both parties intend and commit to perpetuating the marriage together forever. However, in practice the wife or woman is the dominant role in realizing the marriage to the point that she does not demand her husband to fulfill his basic rights after marriage later. The trigger for this marriage is the great desire of wealthy women who are financially well-established to get a mate and a place to devote affection from themselves and their children. Viewed in terms of the motivation for the marriage to take place by both parties there is no problem.
Kelalaian Pencatatan Nikah Pada Perkawinan di Bawah Umur di Kabupaten Gorontalo Yunus I. M. Umar
Al-Mizan (e-Journal) Vol. 15 No. 2 (2019): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v15i2.1395

Abstract

Marriage registration is important in marriages in Indonesia because it can have legal consequences for those who carry out marriages. This study discusses the form of negligence of marriage registration in underage marriages in Gorontalo District and the legal consequences that occur due to negligence of marriage registration in age marriages in Gorontalo Regency. This research is a field research with a juridical and sociological approach. The collection of data in the form of observations at the study site, interviews with employees of the Office of Religious Affairs, parents and underage marriages with 182 respondents, as well as literature review. The results showed: First, the form of negligence in the registration of marriages in Gorontalo Regency, namely the negligence of parents, the negligence of children and the negligence of marriage registration officers; Second, due to the legal consequences caused by negligence in registering underage marriages in Gorontalo District, namely the legality of child marriages, divorce is easy, rejection of marriage dispensation, repeating the marriage contract and marriage without the presence of government officials.
Beracara Prodeo di Pengadilan Agama Gorontalo Zumiyati S. Ibrahim
Al-Mizan (e-Journal) Vol. 15 No. 2 (2019): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v15i2.3501

Abstract

The procedural process in a prodeo case in terms of the stages of the event is basically the same as the procedural process as usual cases, the only difference is that in the prodeo legal process must go through the first hearing or what is called an incidental trial, which is a trial held before the examination of the main case to determine whether it can be done prodeo or not. Obstacles or factors affecting the implementation of the prodeo legal process include litigants not understanding the law of prodeo procedures, one of the litigants deliberately hanging the case because he wants to make it difficult for his opponent, the residence of the opposing party outside the jurisdiction of the Gorontalo Religious Court and the cost of prodeo cases charged to the State through the List of Budget Implementation of the Religious Court.

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