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1
Almeyda, Aldya Khaira, and Ahmad Khisni. "The Consequences of Divorce Law on Common Property under Marriage Law & KHI." Sultan Agung Notary Law Review 3, no. 2 (August 10, 2021): 689. http://dx.doi.org/10.30659/sanlar.3.2.569-576.
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The distribution of joint assets according to the provisions of Article 37 of Act No. 1 of 1974 concerning Marriage is not clearly stipulated how much each husband or wife is divorced, either divorced or divorced. Article 37 paragraph (1) states that if a marriage breaks up due to divorce, the joint property is regulated according to their respective laws. In the explanation of Article 37 paragraph (1), it is emphasized that the respective laws are religious law, customary law and other laws related to the distribution of the joint property. In addition to Act No. 1 of 1974 concerning Marriage, the Compilation of Islamic Law also applies in Indonesia, which relates to the distribution of joint assets as regulated in Articles 96 and 97 of the Compilation of Islamic Law. Based on these things, the problems that will be examined in this research are: what are the legal consequences of settling disputes on joint property according to Marriage Act No. 1 of 1974 and KHI, and what are the views of Islamic law regarding the distribution of joint assets after divorce, as well as the obstacles to the implementation of the distribution of joint assets in practice at the Salatiga Religious Court, Central Java Province.
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Sanusi, Ahmad, and Epa Nurpiah. "Praktek Perkawinan Muhallil di Padarincang Serang Provinsi Banten Indonesia." JURNAL HUKUM ISLAM 18, no. 2 (December 3, 2020): 271–91. http://dx.doi.org/10.28918/jhi.v18i2.3476.
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This paper to analyze about muhallil marriage, which is carried out as a requirement to be allowed remarry between ex-husband and ex-wife, that has been talaq bain ( divorced three times) in Padarincang District, Serang Regency, Banten Province, West Java. This juridical empirical research uses qualitative. Data collection techniques using observation, interviews and documentation studies. The analysis technique uses an interactive model. The results show that the practice of muhallil marriage in Padarincang District was different from the existing provisions, because the ex-husband had to find the penyelang to ex-wife, then agreed by paying the penyelang and limiting the time of marriage. The ex-husband also forced the penyelang to divorce his wife, so that he could immediately remarry his ex-wife without waiting for the iddah period to end. According to Islamic law, marriage is haram and illegitimate, except it is carried out in earnest by Islamic law. Based on these facts, socialization and awareness should be carried out in the community about muhallil marriage, so that there is no violation of Islamic law and positive law.
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Nizar, Muchamad Coirun. "The Religious Court's Decisions on Divorce: A Maqāṣid Sharīʿa Perspective." Ulumuna 24, no. 2 (January 19, 2021): 398–416. http://dx.doi.org/10.20414/ujis.v24i2.408.
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Maqāṣid sharīʿa is considered as a theory that can be applied to analyze the objectives of Islamic law. One of the developments of Islamic law in Indonesia, and in the Muslim world in general, is concerned with religious courts’ decision made by judges. This study analyzes court decisions from the maqāṣid sharīʿa perspective. This qualitative study focused on the divorce cases from the religious court of Salatiga district, Central Java. Twenty percent of the cases in 2017 were proportionally selected. This study shows that there were various reasons of divorce, ranging from constant quarrels to spousal negligence. The other reason was conversion, where one couple left Islam. The court decisions on those divorce cases suggest that the judges attempt to uphold the principles of maqāṣid sharīʿa, such as the preservation of life, descendant, asset and religion. Depending on the respective case, the judges may grant the petition if it will give a greater benefit to the parties concerned that does not contrary to the maqāṣid sharīʿa.
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Wasliati, Wardah, Laily Washiati, and Balqis Wasliati. "ANALISIS YURIDIS PENGARUH USIA TERHADAP TINGGINYA TINGKAT PERCERAIAN DI KOTA BATAM (STUDI PENELITIAN DI PENGADILAN AGAMA KELAS IA BATAM)." Ensiklopedia of Journal 4, no. 3 (April 14, 2022): 15–20. http://dx.doi.org/10.33559/eoj.v4i3.551.
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This journal is entitled Juridical Analysis of the Effect of Age on the High Level of Divorce in Batam City (Research Study at the Religious Court Class Ia Batam) on Jalan RE. Martadinata Number 5, Sekupang, Batam City, Riau Islands 29425, with the construction problems: What are the legal arrangements regarding filing for divorce at the Batam Class IA Religious Court?; and what are the factors behind the high divorce rate in Batam and what are the solutions to reduce the high divorce rate? The qualification/type of writing for this journal uses a normative legal writing type, which is supported by sociological/empirical legal research. To analyze some of the problems in this journal, a big theory (The Pure Theory of Law) is used. Legal positivism (positive law school) which sees the need to clearly separate law and morals (between applicable law and the law that should be), and theory (Law is Command of a Lawgiver) John Austin, namely the law is considered as a logical system, fixed and closed (closed logical system), the law is strictly separated from justice and is not based on good and bad values. Legal arrangements regarding filing for divorce in the Religious Courts refer to Law Number 1 of 1974 concerning Marriage, Government Regulation of the Republic of Indonesia Number 9 of 1975 concerning the Implementation of Law Number of 1974 concerning Marriage, Law Number 32 of 1954 concerning Enforcement of Laws - Law of the Republic of Indonesia dated November 21, 1946 Number 22 of 1946 concerning Registration of Marriage, Divorce, Reconciliation in All Regions Outside Java and Madura, Instruction of the President of the Republic of Indonesia Number 1 of 1991 concerning the Dissemination of Compilation of Islamic Law, Law of the Republic of Indonesia Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts.Keywords: Marriage, Divorce, Age Effect.
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Khasan, Mohammad, and Sujoko Sujoko. "Gambaran Kehidupan Wanita yang di Poligami." Insight : Jurnal Pemikiran dan Penelitian Psikologi 16, no. 2 (October 30, 2020): 295–316. http://dx.doi.org/10.32528/ins.v16i2.2905.
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The phenomenon of polygamy in Indonesia is still a polemic in society. One of them was during the speech by the chairman of Indonesian Solidarity Party (PSI) Grace Natalie at East Java Expo on Tuesday (11/12/2018) which stated that "PSI will never support polygamy". The objective of this study is to find out how the life phenomenon on polygamous women in Surakarta. The method used is a qualitative approach using interviews as a method of collecting data. The results of this study indicate that basically women who will be polygamous will emerge various kinds of feelings such as: distrust, sadness, anger, disappointment, and hurt. Nevertheles, a woman must obey or accept whatever her husband wants, this is due to the child, the future wife is pregnant out of wedlock, threatened to be divorced, and orders from God in Islamic law.
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Khasan, Mohammad, and Sujoko Sujoko. "Gambaran Kehidupan Wanita yang di Poligami." Insight : Jurnal Pemikiran dan Penelitian Psikologi 16, no. 2 (October 30, 2020): 295–316. http://dx.doi.org/10.32528/ins.v16i2.2905.
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The phenomenon of polygamy in Indonesia is still a polemic in society. One of them was during the speech by the chairman of Indonesian Solidarity Party (PSI) Grace Natalie at East Java Expo on Tuesday (11/12/2018) which stated that "PSI will never support polygamy". The objective of this study is to find out how the life phenomenon on polygamous women in Surakarta. The method used is a qualitative approach using interviews as a method of collecting data. The results of this study indicate that basically women who will be polygamous will emerge various kinds of feelings such as: distrust, sadness, anger, disappointment, and hurt. Nevertheles, a woman must obey or accept whatever her husband wants, this is due to the child, the future wife is pregnant out of wedlock, threatened to be divorced, and orders from God in Islamic law.
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Toni, Agus. "Aktualisasi Hukum Perceraian Perspektif Pengadilan Agama di Indonesia." MAQASHID Jurnal Hukum Islam 1, no. 2 (September 21, 2018): 34–63. http://dx.doi.org/10.35897/maqashid.v1i2.130.
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Islamic law must be understood more broadly in the context of statehood and nationality with all the differences in cultural, sociological and geographical types. This is a form of actualizing the values of Islamic teachings so that they can be accepted by humans as a whole. Maintain the sustainability of Islam itself and take greater benefit.
As in Indonesia, with a different context from the east in various aspects such as geography, culture and social psychology of society, demanding that Islamic law be taught must have an elasticity value by leaving a form of inductive and conservative thinking structure. With a historical and philosophical understanding of Islamic law, it will bring progressive changes to the accommodative Islamic law by lokal people without going through opposition and rejection.
Therefore, Indonesia has codified Indonesian-style Islamic law in the form of the Compilation of Islamic Law (KHI) and Law No. 1 of 1974, which are also used by the Religious Courts to decide cases including divorce. Especially if there is a movement to conduct an extension to the community and socialization of Islamic law products that are updated in Indonesia, it will certainly reduce the level of misunderstanding of the community towards divorce status. So that the classical Islamic law products that have been rooted at the level of society about when divorce is legitimate until in what context the divorce is rationally accepted and what constitutes strong constitutional evidence of divorce has been fulfilled by the rules of the Compilation of Islamic Law (KHI).
Keywords: divorce, law, Islam, Indonesia
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Wahyudi, Firman. "Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in Indonesia." Al-Ahkam 32, no. 2 (October 30, 2022): 211–32. http://dx.doi.org/10.21580/ahkam.2022.32.2.11720.
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The dispute between Islamic law and positive law is continuously ongoing regarding the practice of illegal divorce. This practice is valid in Islamic law as long as the conditions and pillars are fulfilled. However, in Islamic law, it is considered a violation of marriage norms. The urgency of this study lies in the discourse of ithbāt ṭalāq to bridge the rise of illegal divorce in society. Through a literature review with a juridical approach to finding a legal basis for a case in concreto, this article shows that ithbāt ṭalāq functions as an instrument that can solve disputes between Islamic law and positive law. Through this instrument, husbands who force divorce out of court can be considered criminal actors who must be given sanctions in the form of ta'zīr (fine).
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AS, Nurfaradillah, Muh Syarif Hasyim, and Sitti Nurkhaerah. "PERCERAIAN DI LUAR PENGADILAN MENURUT TINJAUAN HUKUM ISLAM." Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum 1, no. 1 (December 6, 2020): 53–65. http://dx.doi.org/10.24239/comparativa.v1i1.4.
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The discussion in this research is divorce outside the court according to the study of Islamic law in Desa Lariang Kecamatan Tikke Raya Kabupaten Pasangkayu. The basis for this research is that divorce outside the court is contrary to the laws enacted in Indonesia, namely: Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage and Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law.So that the research will use a qualitative research approach, with the research design used is a single case study design in research. According to a review of Islamic law, divorce that occurs outside the court in Lariang Village is legal. However, when viewed in Law Number 1 of 1974 concerning Marriage and Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law (positive Islamic law) this is invalid.
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Hidayat, Ilham, Yaswirman Yaswirman, and Mardenis Mardenis. "Problems Arising from Talak Divorce Outside the Court." International Journal of Multicultural and Multireligious Understanding 6, no. 10 (July 23, 2019): 138. http://dx.doi.org/10.18415/ijmmu.v6i10.919.
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The birth of the Marriage Law No. 1 of 1974, especially the breakup of marriage has led to the dualism of Islamic law in Indonesia. Regarding Divorce on the one hand, Muslims are taught in Islamic fiqh that Divorce is the right of a husband, where if a wife is mentally ill even without a witness, then the divorce falls, while the marriage law in Indonesia, including the Islamic ummah, is specifically regulated in the Law Compilation Islam, determines that divorce can only be done before a religious court after going through a trial. Moreover, two Islamic organizations in Indonesia, namely Muhammadyah and Nahdlatul Ulama have different opinions. On the one hand, NU in the 28th Congress in Yogyakarta in 1989 gave a legal decision that Divorce was the husband's prerogative which could be dropped anytime and anywhere even without reason. If the husband has dropped divorce outside the Religious Court, then the divorce is valid. While the Majlis Tarjih Muhammadiyah in his fatwa that was tried on Friday, 8 Jumadal Ula 1428 H / 25 May 2007 M gave a ruling that divorce must be carried out through a court examination process, divorce carried out outside the court was declared invalid. The views of NU and Muhammadiyah above reflect a contradiction. Therefore the Indonesian Ulema Council based on the MUI IV 2012 Fatwa gave a fatwa as a middle way to resolve these differences with its fatwa that divorce outside the legal court is valid provided there is a syar'i reason that the truth can be proven in court. Iddah Divorce is calculated since husband drops divorce and for the benefit of benefit and guarantees legal certainty, divorce outside the court must be reported (ikhbar) to the religious court. With the Normative Juridical research method, the author tries to discuss the problem, namely trying to find the problems that arise as a result of these rules and find a way out how the MUI fatwa can be applied. From the results of the study, the authors conclude that the unrecognized Divorce legality outside the court causes legal chaos due to uncertain laws for the Islamic ummah, namely in terms of when the fall of divorce and the end of the iddah period, concerning triple divorce, concerning the validity of the status of children born after the fall Divorce and concerning the validity of the second marriage and the status of the child that was born which could damage the religion and descent of the Islamic ummah in Indonesia. If Marriage is legal according to the religion, then Divorce should also be valid if carried out according to the religious law. Factors that cause divorce outside the court include economic factors, juridical factors, sociological factors and customs factors, regarding the distribution of marital assets due to divorce outside the court, in general, the community resolves issues regarding marital property in a family manner by including local ulama and traditional leaders.
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Najichah, Najichah. "IMPLIKASI INISIATIF PERCERAIAN TERHADAP HAK NAFKAH ISTRI." Journal of Islamic Studies and Humanities 5, no. 1 (December 17, 2020): 42–60. http://dx.doi.org/10.21580/jish.v5i1.6960.
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AbstractDivorce is the case most frequently submitted to the Religious Courts in Indonesia. This paper discusses how the divorce initiative has implications for the wife's right to post-divorce income. There are differences regarding the wife's right to post-divorce income based on who took the initiative to file for the divorce. In a divorce on the husband's initiative, based on the Compilation of Islamic Law, the husband is obliged to provide the wife's rights in the form of post-divorce income. Whereas for the divorce initiative originating from the wife, there is no obligation for the husband to give the wife the right to post-divorce income. Legal progressiveness emerges and provides new hope in reforming Islamic family law in Indonesia by punishing husbands to pay for their wives' rights to post-divorce income in divorce cases on the wife's initiative, namely; Jurisprudence of the Supreme Court of the Republic of Indonesia number 137/K/AG/2007, Book II of Guidelines for the Implementation of Duties and Administration of the Religious Courts, Supreme Court Regulation Number 3 of 2017, Circular of the Supreme Court Number 2 of 2019 which are in accordance with the principles of benefit, certainty and legal justice.
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van Huis, Stijn Cornelis. "Khul‘ over the longue durée: the decline of traditional fiqh-based divorce mechanisms in Indonesian legal practice." Islamic Law and Society 26, no. 1-2 (January 1, 2019): 58–82. http://dx.doi.org/10.1163/15685195-00254a05.
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AbstractIn this essay, I describe the historical development of three traditional fiqh-based divorce mechanisms in Indonesia that commonly result in a khul‘ divorce: regular khul‘ (khuluk), conditional divorce (taklik talak), and marital discord (syiqaq). In the practice of present-day Islamic courts these traditional fiqh-based divorce mechanisms have lost almost all of their former prominence. Through a historical analysis of legal practices of female-initiated divorce, I will explain how this happened. Legal reforms under the 1974 Marriage Law, their adoption into the 1991 Compilation of Islamic Law, and case law of the Supreme Court broadened women’s divorce rights significantly. The same reforms made out-of-court divorce illegal. In contrast to fiqh-based divorce mechanisms, judicial divorce on the grounds of ‘continuous and irreconcilable marital discord’ does not require the consent of the husband or the payment of compensation and has therefore become an easier and cheaper option for Indonesian women.
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Nazaruddin, Nazaruddin, Andi Rasdiyanah, Muh Saleh Ridwan, and Kurniati Kurniati. "DIVORCE DUE TO DOMESTIC VIOLENCE IN SINJAI DISTRICT (Perspective Analysis of Islamic Law)." Jurnal Diskursus Islam 9, no. 2 (August 27, 2021): 137. http://dx.doi.org/10.24252/jdi.v9i2.22862.
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The purpose of this study is to find out the various factors that cause divorce due to domestic violence in Sinjai Regency and to describe how to resolve divorce due to domestic violence in Sinjai Regency and to elaborate on how divorce due to domestic violence is from an Islamic legal perspective. This research is a qualitative descriptive field research, taking place in Sinjai Regency. The approach used is a normative theological approach, a juridical approach and a sociological approach. The data collection obtained in the field with the technique of observation, interviews / interviews and documentation. The collected data is then processed using data reduction analysis, data presentation and conclusion drawing. Furthermore, by linking one of the theories of Islamic law, namely the theory of existence and competence of religious courts, the process of resolving divorce cases due to domestic violence in Sinjai Regency, which in this case is the authorized and entitled institution in resolving it, namely the Sinjai level I religious court, goes through several stages. namely through table I, table II and table III. However, before the plaintiffs and defendants seek justice, the panel of judges first has the obligation to mediate/advise both parties, in which the panel of judges makes every effort to provide the best advice or solution to the plaintiff or defendant. And Islamic law does not legalize violence against wives. Beating a wife who does nusyuz as contained in QS al-Nisa` verse 34 should be interpreted as an act to teach a lesson / for obedience, not to hurt or even do violence. The beatings carried out in the case of nusyuz basically should not injure. Meanwhile, the husband's act of hitting his wife until he is injured or the husband's violence against his wife can be declared as nusyuz of the husband against his wife. Furthermore, related to divorce due to domestic violence in Sinjai Regency which is analyzed from the perspective of Islamic law, the researcher connects one of the theories of Islamic law that applies in Indonesia to date, namely the theory of existence and competence of the Sinjai religious court which refers to the compilation of Islamic law or Islamic law. KHI. al-Nisa` verse 34 should be interpreted as an act to teach a lesson/to obey, not to hurt or even do violence. The beatings carried out in the case of nusyuz are basically not allowed to injure. Meanwhile, the husband's act of hitting his wife until he is injured or the husband's violence against his wife can be declared as nusyuz of the husband against his wife. Furthermore, related to divorce due to domestic violence in Sinjai Regency which is analyzed from the perspective of Islamic law, the researcher connects one of the theories of Islamic law that applies in Indonesia to date, namely the theory of existence and competence of the Sinjai religious court which refers to the compilation of Islamic law or Islamic law. KHI. al-Nisa` verse 34 should be interpreted as an act to teach a lesson/to obey, not to hurt or even do violence. The beatings carried out in the case of nusyuz basically should not injure. Meanwhile, the husband's act of hitting his wife until he is injured or the husband's violence against his wife can be declared as the husband's nusyuz against his wife. Furthermore, related to divorce due to domestic violence in Sinjai Regency which is analyzed from the perspective of Islamic law, the researcher connects one of the theories of Islamic law that applies in Indonesia to date, namely the theory of existence and competence of the Sinjai religious court which refers to the compilation of Islamic law or Islamic law. KHI. The beatings carried out in the case of nusyuz basically should not injure. Meanwhile, the husband's act of hitting his wife until he is injured or the husband's violence against his wife can be declared as nusyuz of the husband against his wife. Furthermore, related to divorce due to domestic violence in Sinjai Regency which is analyzed from the perspective of Islamic law, the researcher connects one of the theories of Islamic law that applies in Indonesia to date, namely the theory of existence and competence of the Sinjai religious court which refers to the compilation of Islamic law or Islamic law. KHI. The beatings carried out in the case of nusyuz are basically not allowed to injure. Meanwhile, the husband's act of hitting his wife until he is injured or the husband's violence against his wife can be declared as the husband's nusyuz against his wife. Furthermore, related to divorce due to domestic violence in Sinjai Regency which is analyzed from the perspective of Islamic law, the researcher connects one of the theories of Islamic law that applies in Indonesia to date, namely the theory of existence and competence of the Sinjai religious court which refers to the compilation of Islamic law or Islamic law. KHI.
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Kamarusdiana, Kamarusdiana, Burhanudin Yusuf, Maman Rahman Hakim, and Harapandi Dahri. "Pre-Marital Education: Concepts and Regulations in Indonesia and Malaysia." Al-Ahkam 32, no. 1 (April 28, 2022): 41–64. http://dx.doi.org/10.21580/ahkam.2022.32.1.10709.
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One of the most significant ways to create a happy family and minimize divorce is premarital education. Indonesia and Malaysia are two countries that have realized it and have regulated it in the regulations of their respective countries. This paper focuses on studying the concept and regulation of premarital education in these two countries. This paper uses a normative juridical approach using library research and comparative law. This study found that premarital education aims to create household happiness to avoid divorce. Indonesia regulates it in the Decree of the Director-General of Islamic Religion by implementing the Office of Religious Affairs or institutions recognized by the Ministry of Religion. Meanwhile, in Malaysia, it differed according to state regulations, such as enactment 11 of 2003 amendment of the Islamic Family Law (Negeri Sembilan) 2003 Part II of Marriage Section 16 concerning Applications for Marriage Truth and carried out by the Malaysian Islamic Progress Office. Premarital education, although both aim to create a family and minimize divorce, in Indonesia, it only provides guidelines, while in Malaysia, it is a mandatory requirement for prospective brides to get married.
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Rahmatullah, Prayudi, Faradiba Suryaningrum, and Endang Sulastri. "Children’s Protection in The Issue of Hadhanah Based on Islamic Law Perspective." Alfuad: Jurnal Sosial Keagamaan 6, no. 2 (December 13, 2022): 55. http://dx.doi.org/10.31958/jsk.v6i2.6009.
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Every year, the divorce rate in Indonesia continues to grow. Based on data released by the Central Bureau of Statistics (BPS) through the katadata database in early 2020, the divorce rate from 2015 has increased until 2019. In 2019 there were 408,202 cases of divorce. The high rate of divorce certainly has an impact on the lives of both partners, one of which is the issue of child custody or in Islam it is called hadhanah. A child who is still unable to take care of his life until adulthood must be cared for or given a decent life by their parents. Child custody is always an issue between the mother and father when they decide to divorce. Caring for and looking after children who are victims of divorce is obligatory for both parties. The research method used is qualitative normative. The result of this research is that the issue of hadhanah or child custody has been described in detail in the Compilation of Islamic Law in our country. If there is a dispute in this hadhanah issue, it can be resolved by arbitration.
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Malikah, Umu, Dian Septiandani, and Muhammad Junaidi. "KEABSAHAN TALAK DILUAR PENGADILAN BERDASARKAN HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA." Semarang Law Review (SLR) 2, no. 2 (December 12, 2022): 246. http://dx.doi.org/10.26623/slr.v2i2.3961.
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<p align="center">ABSTRAK</p><p align="center"> </p><p align="center"> </p><p>Artikel ilmiah ini membahas membahas keabsahan talak yang dilakukan di luar pengadilan yang ada dalam dua pandangan antara hukum Islam dan hukum positif di Indonesia. Menurut hukum Fikih (Islam) perceraian dianggap jatuh hukumnya ketika seorang suami mengucapkan kata talak kepada isterinya baik secara jelas maupun kiyasan. Sedangkan menurut Undang-Undang Perkawinan dijelaskan bahwa perceraian hanya dapat dilakukan di depan Pengadilan setelah pengadilan yang bersangkutan berusaha dan tidak berhasil mendamaikan kedua belah pihak dalam perspektif hukum positif ini, talak hanya dapat dilakukan di depan sidang pengadilan. Artinya, penjatuhan talak dapat dikatakan berlaku dan mempunyai kekuatan hukum ketika perceraian tersebut diputus di Pengadilan. Permasalahan yang diangkat dalam skripsi ini adalah hukum Talak di luar pengadilan berdasarkan Hukum Islam dan Hukum Positif di Indonesia, dan perbedaan pandangan empat Mazhab Syafi’i, Mazhab Hanafi, Mazhab Hambali dan Mazhab Maliki. Penelitian ini merupakan penelitian hukum normatif dengan pendekatan perundangan-undangan dan pendekatan perbandingan. Berdasarkan penelitian yang dilakukan, dihasilkan kesimpulan bahwa talak yang dijatuhkan di luar pengadilan adalah sah menurut hukum Islam, dan beberapa pandangan para ulama sehingga perkawinannya putus sesuai dengan aturan fikih Islam. Namun perceraian tersebut tidak sah menurut hukum positif di Indonesia, sehingga di mata hukum positif perkawinannya belum putus dan hukum positif yang berlaku di Indonesia yang dijadikan sebagai pedoman terhadap putusnya perkawinan, dikarenakan akibat hukum yang ditimbulkan setelah terjadinya perceraian lebih diatur dengan jelas, sehingga kewajiban dan hak yang timbul setelah terjadinya perceraian lebih terjamin.</p><p> <strong>Kata Kunci : keabsahan Talak, Luar Pengadilan, Hukum Islam, Hukum Positif Indonesia</strong></p><p align="center"><em>ABSTRACT</em><em></em></p><p><em> </em></p><p> </p><pre><em>This thesis discusses the legitimacy of divorce which is carried out outside the court which is in two views between Islamic law and positive law in Indonesia. According to Fiqh (Islamic) law, divorce is considered legally binding when a husband pronounces the word talak to his wife both clearly and figuratively</em><em>. Meanwhile, according to the Marriage Law, it is explained that divorce can only be carried out in front of the Court after the court concerned tries and fails to reconcile the two parties in this positive legal perspective, divorce can only be done before a court session. That is, the imposition of divorce can be said to be valid and has legal force when the divorce is decided in court. The issues raised in this thesis are the divorce law outside the court based on Islamic Law and Positive Law in Indonesia, and the different views of the four Shafi'i Schools, the Hanafi School, the Hambali School and the Maliki School. This research is a normative legal research with a statutory approach and a comparative approach.</em><em></em></pre><p><em>Based on the research conducted, it is concluded that the divorce handed down out of court is legal according to Islamic law, and some views of the scholars so that the marriage broke up according to</em><em> the rules of Islamic jurisprudence. However, the divorce is not valid according to positive law in Indonesia, so that in the eyes of positive law the marriage has not been broken and the positive law that applies in Indonesia is used as a guide to the termination of marriage, because the legal consequences that arise after the divorce are more clearly regulated, so that obligations and rights that arise after the divorce is more secure.</em></p><p><strong><em>Keywords: the validity of divorce, out of court, Islamic law, Indonesian positive law</em></strong><strong><em></em></strong></p><p><em> </em></p><p><em> </em></p><p><em><br /></em></p>
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Nurhadi, Nurhadi. "Illegal Divorce in Perspective of Islamic Law and Indonesian Law." al-Mawarid Jurnal Syariah dan Hukum (JSYH) 1, no. 2 (August 2019): 179–201. http://dx.doi.org/10.20885/mawarid.vol1.iss2.art5.
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Maulida, Fadhilatul, and Busyro Busyro. "NAFKAH IDDAH AKIBAT TALAK BA`IN DALAM PERSPEKTIF KEADILAN GENDER (Analisis Terhadap Hukum Perkawinan Indonesia)." ALHURRIYAH: Jurnal Hukum Islam (ALHURRIYAH JOURNAL OF ISLAMIC LAW) 3, no. 2 (December 26, 2018): 113. http://dx.doi.org/10.30983/alhurriyah.v3i2.720.
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<p><em>Iddah is one of the obligations for a wife who is divorced by her husband, whether divorce is caused by divorce from a husband or because of a wife's lawsuit to the court (khulu '). While undergoing iddah, the wife has the right to obtain housing and living facilities, as is the case in raj'i talak. On the other hand, in the Talak Ba'in, the Islamic marriage law in Indonesia does not provide an opportunity for the wife to earn a living even though she has to undergo the same obligation, namely undergoing iddah and living in her husband's house. This is certainly not in line with gender justice that carries the equality of men and women in this life. Judging from the thoughts of the ulema of the school of thought, actually the legal thinking of Imam Abu Hanifah had first argued to give the wife the right to earn a living in divorce even though the divorce was in the form of divorce. It seems that Imam Abu Hanifah's opinion should be considered in the renewal of Islamic marriage law in Indonesia, especially in realizing justice to the women in their marriage and divorce.</em></p>
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Nurjanah, Siti. "Divorce and Its Impact on Custody of Minors Using Islamic Law Perspectives." Al-Istinbath : Jurnal Hukum Islam 7, no. 1 (May 30, 2022): 119. http://dx.doi.org/10.29240/jhi.v7i1.4156.
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This study aims to examine the factors that cause divorce in an Islamic country and how that affects the custody minors shares between parents from an Islamic perspective. This study focus on three main causes, adultery, economy, and the occupance gap. Furthermore, this research used interviews of 718 married couples 140 pairs are divorced in Kota Metro, a high rate of divorce region with a Muslim majority in an Islamic country (Indonesia). The results of this study show that Couples sometimes have to face problems in their domestic life, the emergence of problems in the household can be caused by many things including economic factors, and no sense of responsibility, differences in life outlook that can lead to household crises. The woman who will become a widow does not think about other people's views of her because she thinks this is her life and she is the one who goes through it all, it's just that there is guilt in her child when she has to divorce. He thinks about the impact of divorce that will arise on the psychological development of his child, he tries so that his child does not lose the love of a father.
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Karman, Karman. "Understanding Civil Law in The Context of Contemporary Islam in Indonesia." Al-Mada: Jurnal Agama, Sosial, dan Budaya 4, no. 2 (November 22, 2021): 388–03. http://dx.doi.org/10.31538/almada.v4i2.1700.
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This article aims to better understand civil law in the context of modern Islam in Indonesia by reviewing several publications that address civil law in the context of Islam from an Islamic standpoint. This article was conducted using a qualitative method. Then, utilizing coding and assessment methods, we examined the data to understand the primary issue fully. Because the research was performed during a pandemic, government restrictions limited public mobility; we relied on secondary data. Finding civil law in an Islamic context, marriage law in an Islamic context that emphasizes an Islamic view following the state's view, how is the evidence for studying civil law in an Islamic context; including the primary law of the individual section, civil family law, and inheritance law in an Islamic context are among the highlights of our findings. We can conclude that Islamic civil law encompasses Munakahat (all aspects of marriage, divorce, and their legal consequences); Wiratsat (all aspects of heirs, heirs, inheritance, and inheritance distribution); and Mu'amalah (all aspects of material things and rights to objects, as well as human relations).
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Wardatun, Atun, and Bianca J. Smith. "Woman-Initiated Divorce and Feminist Fiqh in Indonesia: Narrating Male Acts of Nushūz in Marriage." Ulumuna 24, no. 2 (December 31, 2020): 266–95. http://dx.doi.org/10.20414/ujis.v24i2.416.
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This article examines the issue of woman-initiated divorce (cerai gugat) for the controversial reason in Indonesian Islam known as nushūz suami or a husband’s disobedience in marriage. In contrast to the Indonesian Compilation of Islamic Law which applies nushūz (disobedience) to wives only, our arguments draw on feminist jurisprudence (fiqh) to show how nushūz also applies to husbands who do not fulfill marital obligations. A husband’s nushūz is overlooked by classical scholars and Indonesian Islamic Law alike, yet when understood in a Qur’anic feminist context, it gives a depth of understanding about women’s choice to divorce as part of a wider gender justice process and the ‘gendering’ of divorce. Based on women’s post-divorce narratives about nushūz, we propose a feminist fiqh understanding of gender equality situated in tawḥīd as a concept with the potential to form egalitarian-inspired persons (muslimah reformis) and ‘essential’ and ‘true’ justice (keadilan hakiki), through reading religious texts and producing knowledge and policies that include women’s experiences and voices along with those of men’s (mubādalah).
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Uthlufah, Haqqiyah. "THE PRINCIPLE OF SELF SUBMISSION IN DIVORCES CASES FROM THE PERSPECTIVE OF LEGAL CERTAINTY." Trunojoyo Law Review 2, no. 1 (February 1, 2020): 63–78. http://dx.doi.org/10.21107/tlr.v2i1.9496.
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The problem of the principle of submission in the divorce law in the Religious Court by a non-Muslim couple occurs because the couple's marriage is based on Islamic law. What cannot be separated from Islamic law is Islamic family law because it is related to the faith of a Muslim. Islamic family law can only apply to Muslims and cannot apply to non-Muslims. The problem of the principle of submission to the divorce law was incomplete (incomplete norm) or the existence of a legal vacuum (vacuum of norm) in marriage law in Indonesia. This research is a legal research and is normative in nature. The approach used is statutory, case, and conceptual. The legal materials used are primary, secondary and tertiary. The method of collecting legal materials is first to qualify the facts and then to qualify the law. The analytical tool used is legal interpretation in the form of principal, systematic and grammatical interpretation.
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Anggraeni, RR Dewi, Dianna Primadianti, Saptaning Ruju Paminto, and Nur Rohim Yunus. "Legality of Khulu' Lawsuit for Wives in the Provisions of Legislation in Indonesia." Jurnal Ilmiah Al-Syir'ah 20, no. 1 (June 30, 2022): 34. http://dx.doi.org/10.30984/jis.v20i1.1817.
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The solution household crisis provided by the wife and accepted by the husband is known as a khulu' in Islamic law. This study examines the legal protection for a wife if the surrender of khulu' is determined and investigated. As well as the relationship between the provisions and the concept of khulu' with the position of women in marriage law which is sourced from the Compilation of Islamic Law related to Marriage Law.. It was decided to apply the research method of normative juridical research in conjunction with a statutory approach. The findings of this study indicate surrender of khulu' to the husband to divorce himself from the marriage bond is accompanied by the payment of 'iwadh', namely the payment of money or goods to the husband from the wife's side as a reward, divorce as a form of legal protection for the wife. The text states that 'iwadh is a system of legal protection given by the state to the wife who proposes khulu'.Â
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Azhar, Azhar, and Putri Amelia. "Perkawinan Dalam Perspektif Tasawuf." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 3, no. 2 (December 1, 2021): 290–307. http://dx.doi.org/10.47467/as.v3i2.735.
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This dissertation discusses Marriage in the perspective of Sufism (Study of analysis of Legislation on Marriage in Indonesia). This is done considering the high divorce rate in Indonesia even though the legislation regarding marriage has been made quite a lot by the government and even the Marriage Law No. 1 of 1974 and the Compilation of Islamic Law have long been enacted. The purpose of this study is to find out why Islamic marriage regulations and legislation in Indonesia have not been able to stem the flow of divorce and family disharmony, and what solutions can be offered in minimizing divorce in Indonesia, as well as how to establish marriage law with the Sufism approach. The process of collecting data is done by means of library research (Library Research). The reading material is described and analyzed using qualitative methods so that the causes of the high divorce rate in Indonesia are found. After the discussion, two main problems were found, namely formal problems and non-formal problems. Formal problems are problems that are related to the rules and regulations of marriage itself. While non-formal problems are problems that arise from the personal members of each family. To overcome problems related to formal problems, the solution offered is the need to review several articles in the Marriage Law Number 1 of 1974 and need to revive the functions of the Marriage Advisory Counseling and Conservation Agency (BP4) as before the Marriage Law Number 1 year 1974. Meanwhile, to overcome problems related to non-formal problems, it is necessary to give Sufism teachings to the bride and groom who are delivered when they attend bride and groom courses organized by the Ministry of Religion throughout Indonesia. In order to establish marriage law with the Sufism approach, the connection between Sufism values and laws in the frame of benefit is needed. For this reason, the values of Sufism such as warak and zuhud and qonaah and so on need to be developed and integrated in connection with marriage law. The interconnection of the values of Sufism with marriage law is needed in numbers to minimize the divorce rate in Indonesia.
Keywords: Marriage law, Sufism
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Yulisa, Ike, Muhamad Yusuf, Doli Witro, Luqyana Azmiya Putri, Mhd Rasidin, and Nurul Alamin. "Arrangement and Dynamication of Family Law Updating in Indonesia." Al-'Adl 13, no. 2 (July 24, 2020): 285. http://dx.doi.org/10.31332/aladl.v13i2.1879.
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In Indonesia, family law is well regulated in law or government regulations. In this case, with the increasingly complex family law issues supported by divorce rates, which reached 398,245 in 2015, then in 2017, it increased to 415,898, and with the development of science and technology, so many problems arise both in terms of muamalah or family law itself. For this reason, structuring is needed through legal reform that makes it follow what is needed by the wider community. Starting from this, this paper will discuss the arrangement of Islamic family law and the dynamics of family law reform in Indonesia. This study aims to provide an overview of the arrangement of Islamic families and Islamic family law reform in Indonesia. This paper uses qualitative research methods that are library researching. The data in this article was obtained from books, journals, articles, magazines related to the structure and dynamics of family law reforms in Indonesia. After the data is collected, the writer analyzes with data analysis techniques, namely data reduction, data presentation, and concluding. The results of the study show that the structure and dynamics of family law in Indonesia, when viewed in the context of Islamic law reform, reveal a unique and problematic portrait of reform. It is said so because Indonesia applies three legal systems, namely customary law, Islamic law, and Western law.
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Sembahulun, Faozan. "IMPLEMENTASI HUKUM TERHADAP “PERKAWINAN BEBALU” MENURUT HUKUM ISLAM DAN HUKUM INDONESIA." Ulumuddin 11, no. 1 (June 30, 2019): 73. http://dx.doi.org/10.22219/ulum.v11i1.10408.
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The Bebalu marriage in Sembalun society is a part of tradition has happened from the past and developed to the current. Bebalu is a term for people who do divorce outside the court (non-litigation). The Bebalu closely relates to the religious law, although without leaving the roles of positive law in Indonesia. It happens due to religion dominantly believed by the people in region is Islam and it aims to respect the sacredness of the tradition. This article attempts to examine how the implementation and the legal consequences of the Bebalu. Using approach of sociology of law, this article argues that from the perspective of Islamic law the Bebalu is permissible and even legitimate. The reason is that the Bebalu fulfils the primary requirements of Islamic marriage. However, legally it cannot be accepted due to the marriage is not registered to the state. Accordingly, the divorce process of the Bebalu seems to contradict the law. The main problem of the traditional society in Sembalun as well as its marriage of Bebalu is the lack of communication about law that should be delivered by the government. It happens due to the difficult access to the region.
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Widyastari, Dyah Anantalia, Pimonpan Isarabhakdi, Patama Vapattanawong, and Marc Völker. "Marital Dissolution in Postmodern Java, Indonesia: Does Early Marriage Increase the Likelihood to Divorce?" Journal of Divorce & Remarriage 61, no. 8 (August 20, 2020): 556–73. http://dx.doi.org/10.1080/10502556.2020.1799308.
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Hasan, K. N. Sofyan, Ahmaturrahman Ahmaturrahman, and Sri Turatmiyah. "Efektivitas Sighat Taklik Talak Dalam Perkawinan Islam Di Indonesia." Batulis Civil Law Review 3, no. 1 (June 15, 2022): 113. http://dx.doi.org/10.47268/ballrev.v3i1.1019.
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The effectiveness of the Sighat Taklik Talak in Islamic marriage law in Indonesia, until now from the aspect of the implementation of this Sighat Taklik Talak pronunciation, after the Ijab Kabul is held in the marriage walimah, is always spoken by the husband who is heard by all the marriage aqdun assemblies. It was even signed by the bride and groom and the witnesses, so this Sighat Taklik Talak has legal consequences. However, in the implementation of taklik talak as the causes of divorce, it can be said that it is rarely used or even none at all who applies for divorce through the path or means of violating sighat taklik talak, and because there is no request from one of the parties to divorce, then the judge cannot use sighat taklik talak as the reason for the divorce because the judge is passive.
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Kurniawan, Edi, Ulul Albab Fadhlan, and Illy Yanti. "Khul' Menurut Imam Syafi'i dan Imam Hanbali: Mencari Relevansinya di Indonesia." AL-HUKAMA' 10, no. 1 (November 27, 2020): 150–70. http://dx.doi.org/10.15642/alhukama.2020.10.1.150-170.
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Khul' or divorce requested by a wife is one of the causes marital termination. According to Imam Syafi'i, khul' is a divorce (talak) with an 'iddah of three menstruat cycles. In contrast, for Imam Hanbali, khul' is fasakh in which its 'iddah is one menstrual cycle and its legality does not require a judge's decision. This difference has dissimilar legal implications when it is applied in Indonesia. Therefore, this article aims to seek the both relevancies in the context of Indonesian law, especially under the Compilation of Islamic Law and the nature of the religious practice of Indonesian Muslims. After examining the relevant literature sources, this article shows that, both Imam Syafi'i and Imam Hanbali agree that khul' is like a buy-sell contract, and hence a judge's decision is not required. However these both agremeents are not relevance under the Compilation of Islamic Laws, but the Imam Hanbali's fiqh in which khul' as fasakh would be difficult to seek its relevance. Thus, the fiqh of Imam Syafi'i is more appropriate, since beside it is used as a basis for the Compilation of Islamic Laws the majority of Indonesian Muslims embrace the Syafi’i mazhab.
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Rahmat, Rahmat, and Sri Indriani. "Hukum Idah Perceraian bagi Wanita Hamil Akibat Perbuatan Zina." BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 1, no. 4 (December 25, 2020): 588–610. http://dx.doi.org/10.36701/bustanul.v1i4.268.
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Marriage and divorce of women who have become pregnant as a result of adultery are problems that are given attention in the discussion of Islamic jurisprudence. Marrying a pregnant woman due to adultery has been a polemic among Islamic scholars since long ago in various countries, including in Indonesia until it was finally stipulated in the Book of Compilation of Islamic Law which became an explanation of the Law on Marriage. Divorce after marriage, which is preceded by pregnancy due to adultery, is also an interesting discussion, especially regarding the issue of idah, or the waiting period for women who are pregnant and subject to divorce. Idah or waiting period has been prescribed by Islam for the noble purpose of maintaining the authenticity of one's lineage so as not to mix with others. This problem was studied from a socio-cultural normative perspective, which compares the arguments and factual conditions, thus giving different values. Law of idah can differ from one woman to another, based on the type of divorce or the process of breaking the marriage bond, as well as on the woman's condition. The law of divorce for women who are pregnant that is the birth of the child they are carrying can also apply to women who are divorced, while they are pregnant as a result of adultery.
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Noor Athief, Fauzul Hanif, and Resti Hedi Juwanti. "Court decisions on post-divorce children’s livelihood: Islamic law analysis on their practices in Indonesia and Malaysia." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 20, no. 2 (December 29, 2020): 151–73. http://dx.doi.org/10.18326/ijtihad.v20i2.151-173.
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A divorce is indeed never expected to happen in a marriage. However once it happens, the important thing which must be taken into account is the consequence of the divorce where the issue pertinent to children’s livelihood is one of it. This study tried to probe into how Malaysia and Indonesia whose most of the population was Muslims adopted the Fiqh concept in terms of post-divorce children’s livelihood in their regulations. Since there always be difference between theory and practice, the real implementation of the decisions will also be examined on the basis of legal norms. This study directly explores the laws and Court decisions for further assessment based on several indicators. It is found that the legislation and the Court decisions of the two countries had adopted the concept of Fiqh yet with a couple of particular notes. It is also found that there is a chance of providing livelihood for illegitimate children in the law and practice of both countries.
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Khosyi’ah, Siah. "Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia." Al-Manahij: Jurnal Kajian Hukum Islam 11, no. 1 (February 22, 2018): 35–48. http://dx.doi.org/10.24090/mnh.v11i1.1266.
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The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.
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Muhajir, Muhajir. "STUDI ANALISIS PUTUSAN PENGADILAN AGAMA JAKARTA SELATAN NO. 1751/P/1989 TENTANG PERKAWINAN MELALUI TELEPON." Al-Qadha 5, no. 1 (July 1, 2019): 9–19. http://dx.doi.org/10.32505/qadha.v5i1.956.
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The legal basis of marriage law in Indonesia Constitution No. 1 of 1974 concerning Marriage and Compilation of Islamic law which is a reduction of Islamic rules regarding marriage, divorce, representation and inheritance originating from classical Islamic jurisprudence literature from various schools which are summarized and adapted to the needs of the people of Indonesia. The two legal bases regarding the marriage are expected to be a legal basis for the Indonesian people who will carry out the marriage. But in the practice of implementing marriage in the community, many new things appear that are ijtihad because there are no rules specifically set out to regulate such matters such as marriage through telephone.
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Nikmah, Roykhatun. "Dialektika Status Wanita dalam Pembaharuan Hukum Keluarga di Indonesia." BUANA GENDER : Jurnal Studi Gender dan Anak 5, no. 1 (December 10, 2020): 38–54. http://dx.doi.org/10.22515/bg.v5i1.3081.
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the status of women in family law became the main focus in legal reform. The reforms made must be dynamic and flexible in the face of changes in the socio-cultural context of society. The purpose of reform in addition to raising the status of women in the relationship between husband and wife also aims to provide legal certainty. Marriage Law and the Compilation of Islamic Law as the basis for resolving matters within the Court must continue to adapt to the social shift of society and the demands of social change so as not to lose its function as a social operator. To see the change in the status of women before the existence of Law Number 1 of 1974 and also KHI then the approach used is a historical approach. The juridical approach is used to see how the rules in Law No. 1/1974 and KHI apply to adapt to the demands of society change. The focus of juridical studies on the age limit of marriage, polygamy and divorce. Determination of the age limit of marriage has changed from 16 years of age for girls to 19 years. There is a change in article 7 paragraph (1) so that women and men have a passion for the right to education, health and constitutional rights. While the rules of Indonesian polygamy are not completely prohibited but the court provides strict conditions to do, while the rules of divorce for women have the right to file for divorce if the husband violates talaq ta’liq and commits the causes of divorce.
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Ishomuddin, Ishomuddin, Miqdad Daly Ahmad, Dian Roshanti, and Dewi Nurwatari. "The Disengagement Phenomenon of Terrorist from the Fundamental Groups and Radical Terrorists in Lamongan, East Java Indonesia." Technium Social Sciences Journal 37 (November 9, 2022): 426–33. http://dx.doi.org/10.47577/tssj.v37i1.7596.
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Disengagement from terrorism in English is called disengagement is an attempt to divorce from radical movements and terrorism. Terrorism arises because of the problem of radical-fundamental understanding that exists in a group of Islamic societies. Prevention efforts have been carried out by both the government and the private sector. This study aims to: (1) to find out the phenomenon of disengagement of terrorist criminals from radical terrorist groups. And second, to know the process of disengagement of terrorist criminals from radical terrorist groups. This study uses a social definition paradigm, a qualitative approach, with a phenomenological type of research. The results are expected to find propositions related to the disengagement phenomenon of terrorist criminals.
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Alfitri. "Expanding a Formal Role for Islamic Law in the Indonesian Legal System: The Case of Mu’Amalat." Journal of Law and Religion 23, no. 1 (2007): 249–70. http://dx.doi.org/10.1017/s0748081400002666.
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Contemporary conflicts over efforts to expand the role of Islamic law in the national legal system of Indonesia are so intense that they undermine reasoned public debate about this question. They are part of a long-standing polemic, not only about the role of Shariah in Indonesia generally but about the specific question of whether the Jakarta Charter, which references obligations to obey Islamic law, should be restored as part of the Constitution. This article is an attempt to revive the neglected academic discourse on the role of Islamic jurisprudence in Indonesian law, and to move beyond the confused polemics to a thoughtful consideration of where Islamic law fits in a non-Islamic state such as Indonesia. Because Indonesia is a secular state, the Shariah as a whole is not enforced by the state, but the Shariah has a significant meaning for Muslims in Indonesia because it provides the norms distinguishing the obligatory and recommended from those actions which are neutral, disapproved and prohibited in Muslims' lives. Moreover, some elements of Islamic jurisprudence in personal law have been absorbed into positive law in Indonesia through the decisions of religious courts, which have existed since the Dutch colonialism,3 as currently regulated by Law No. 7/1989. The Compilation of Islamic Law No. 1/1991 essentially functions as the legal code for all Muslims who must resort to the religious courts for the adjudication of disputes involving marriage, divorce, inheritance and waqf. Thus, consideration of the propriety of attempts to extend Islamic law to matters of property and of contract is appropriate at this time.
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Salam, Abdul, and Syaiful Muhammad Irsyad. "Peranan Otoritas Jasa Keuangan (OJK) Sebagai Lembaga Muhtasib Dalam Industri Keuangan Syariah di Indonesia." JESI (Jurnal Ekonomi Syariah Indonesia) 9, no. 2 (February 28, 2020): 73. http://dx.doi.org/10.21927/jesi.2019.9(2).73-85.
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<p>In Indonesia, one of the institutions that can be considered a Muhtasib institution in the sharia financial sector is the Financial Services Authority (OJK). As Law Number 21 of 2011, the OJK has the function of organizing an integrated system of regulation and supervision of all activities in the financial services sector which include financial service activities in the Banking sector; financial service activities in the Capital Market sector; and financial service activities in the Insurance, Pension Funds, Financing Institutions and Other Financial Services Institutions sectors, including the Islamic finance industry sector. This study will unravel the extent of the role of the FSA as the Muhtasib in the Islamic finance industry in Indonesia, especially in the regional areas of Central Java and D.I. Yogyakarta.</p><p>This research did 2 (two) kinds of research, they are field of study and literature study. The collecting data of this research through observation and non-structured interview. The methode of data collection is conducting interviews with the Central Java OJK, OJK D.I. Yogyakarta.</p><p>The conclusion of this study is that the role of the Financial Services Authority (OJK) in Regional Region 3 of Central Java and Yogyakarta as a Muhtasib institution in supervising the Islamic financial industry in Central Java and Yogyakarta is quite significant, although with some notes, including the position of OJK Regional 3 Central Java and DIY Yogyakarta which is only able to reach Islamic financial institutions (LKS) whose head office is located in Central Java and Yogyakarta, while LKS only has branch offices in Central Java and Yogyakarta Yogyakarta. Is the authority of the Regional OJK 3 of Central Java and DIYogyakarta, meaning that it is the domain of the authority of the Central OJK in Jakarta. The problem is if there is a violation or an act that is against the law, then the Regional OJK 3 of Central Java and D.I. Yogyakarta is only reporting or coordinating with the Central OJK. The Financial Services Authority (OJK) in Region 3 of Central Java and Yogyakarta Yogyakarta has carried out its function as an actress in the context of violations of law or criminal acts, in which the OJK has played a function as an investigator and then reported to law enforcement officials (APH ) and submitted to the judicial process. However, related to the implementation of the Microfinance Institution Law, OJK has not been able to carry out its function as a constitutional acter in enforcing Article 39 of the LKM Law regarding the existence of BMTs in the community which should abide and comply with licensing regulations under the OJK</p><p><strong>Keywords:</strong><strong> </strong><strong>Financial Services Authority, Muhtasib Institution, Sharia Financial Industry</strong></p>
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Ahmad Fauzi and Syamsul A'dlom. "SAKSI TALAK MENURUT IM?M AL-SY?FI’?" MAQASHID Jurnal Hukum Islam 2, no. 2 (August 27, 2019): 32–54. http://dx.doi.org/10.35897/maqashid.v2i2.193.
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Scholars differ about the necessity of witnesses in divorce. There are those who oblige, say the Sunnah, and while others say that divorce does not need a witness. These differences stem from an understanding of related sacred texts that are also diverse. In addition, those with their opinions hold their own logic.
In Indonesia itself, the witness' obligation is regulated in positive Islamic law or KHI. Divorce must be resolved through the Religious Courts. This means that the existence of witnesses in the divorce process in Indonesia is a necessity, as a form of efforts to protect the rights of all related parties.
Imam al-Shafi'i in his magnum opus, al-Umm, said that witnesses in divorce and reconciliation were the same as the position of witnesses in the sale and purchase agreement or other trade transactions that were highly recommended for the benefit of the people.
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Saputri, Anindia Inka, and Aryani Witasari. "Notary Role In Making The Deed Of Murabahah Financing On Islamic Bank (Review On Financing Agreement In Islamic Bank Of Central Java)." Jurnal Akta 7, no. 2 (August 17, 2020): 229. http://dx.doi.org/10.30659/akta.v7i2.7874.
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This study aims to determine the form of the contract and Murabahah financing mechanisms, to analyze the application of Sharia principles in Murabahah financing agreement, and to know the extent to which the role of the Notary in the Deed manufacture Murabahah Financing Agreement with Islamic Bank of Central Java. The results of this study show that: (1) The form of contract and Murabahah financing mechanism in Islamic Bank of Central Java refers to the provisions of Islamic Banking Act, BI (Bank Indonesia), FSA (Financial Services Authority) and DSN-MUI. (2) The application of Islamic principles in the financing agreement Murabahah in Bank Central Java Sharia has been in accordance with the Law of Islamic Banking and DSN-MUI, where financing based on Islamic principles that do not contain elements of usury, gambling, Garar, illegitimate and unjust.Keywords: Notary; Islamic Banking; Murabahah.
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Ulumuddin, Thoriq, M. Habibi, and Riyanton Riyanton. "KESESUAIAN FIQIH TALAK SYI’AH IMAMIYYAH DENGAN ATURAN PERKAWINAN DI INDONESIA." Asy-Syari'ah 23, no. 2 (September 2, 2022): 245–60. http://dx.doi.org/10.15575/as.v23i2.12109.
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Abstract: Although Muslims in Indonesia adhere to the Sunni ideology, the Compilation of Islamic Law (KHI), inaugurated through Presidential Instruction No. 1 of 1991, does not fully quote the opinions of the scholars from the al-Arba'ah School. For example, the provisions in Articles 115, 129, 130 and 134 require a divorce to be carried out before the court. This provision is not found explicitly in the view of the Madzhab al-Arba'ah. Therefore, many religious institutions and Islamic community organizations issue fatwas regarding divorce outside the court, including the Shia Imamiyyah group. This study aims to compare the concept of fiqh talak in the Shia Imamiyyah with the concept of talak in the Compilation of Islamic Law. This study uses qualitative research with a statutory approach and a comparative approach with library research methods. The results show fundamental similarities and differences between the two concepts. For divorce before the court, there are similarities where Shia Imamiyyah Fiqh requires that the divorce must be witnessed by two people who are fair, mature and reasonable. The KHI arrangement for divorce before the court does not doubt its validity and conformity with Islamic Shari'a because it was taken based on the results of the Ijtihad 'Ulama in Indonesia. The regulation's purpose is to protect women's rights and dignity against bad treatment from men who can impose unilateral divorce.Abstrak: Meskipun muslim di Indonesia menganut paham sunni, namun Kompilasi Hukum Islam (KHI) yang diresmikan melalui Inpres No. 1 Tahun 1991 tidak sepenuhnya menukil pendapat para ulama dari Madzhab al-Arba’ah tersebut. Sebut saja ketentuandalam Pasal 115, 129, 130 dan 134 yang mengharuskan talak dilakukan di hadapan pengadilan. Ketentuan tersebut tidak ditemukan dalam pandangan Madzhab al-Arba’ah. Oleh karena itu, banyak lembaga keagamaan maupun organisasi masyarakat Islam mengeluarkan fatwa akan jatuhnya talak di luar pengadilan, termasuk termasuk golongan Syi’ah ImamiyyahPenelitian ini bertujuan untuk membandingkan konsep fiqih talak pada Syi’ah Imamiyyah dengan konsep talak dalam Kompilasi Hukum Islamserta kesesuaiannya dengan aturan perkawinan di Indonesia. Penelitian ini menggunakan penelitian kualitatif dengan pendekatan perundang-undangan (statute approach) dan pendekatan komparatif (comparative approach) dengan metode penelitian kepustakaan (library research). Hasil penelitian menunjukkan bahwa terdapat banyak kesamaan dan perbedaan yang mendasar di antara kedua konsep tersebut. Untuk perceraian di hadapan pengadilan, ditemukan persamaan dengan Fiqih Syi’ah Imamiyyah yang memiliki persyaratan bahwa perceraian harus disaksikan oleh dua orang yang adil, dewasa dan berakal. Pengaturan KHI atas perceraian di depan pengadilan tidak diragukan lagi keabsahanya dan sesuai dengan Syariat Islam karena diambil berdasarkan hasil Ijtihad ‘Ulama di Indonesia. Tujuan aturan tersebut tidak lain adalah untuk melindungi hak dan martabat kaum wanita atas perlakuan buruk dari laki-laki yang dapat menjatuhkan talak secara sepihak.
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Ismawayati, Any, and Inna Fauziatal Ngazizah. "Criminal Acts in Completing Early Marriage Requirements: Tuku Umur Practices in Islamic Communities in Central Java, Indonesia." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 6, no. 1 (June 27, 2022): 449. http://dx.doi.org/10.22373/sjhk.v6i1.13001.
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The goal of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 Concerning Marriage is to reduce the high rate of early marriage because it violates the rights and development of children. In fact, the rate of child marriage in Indonesia is rising. This circumstance raises the question of whether or not the current regulations are effective. This study seeks to determine the extent to which the Islamic community in Central Java understands the significance of the age limit for marriage. This study also determines why the Islamic community in Central Java prefers "Tuku umur" to fulfill the requirements for early marriage and to determine whether "Tuku umur" constitutes a criminal act. This research employed a juridical-sociological approach with complementary data, namely the distribution of information through interviews with informants in response to several question indicators indicated in the discussion. According to the findings of this study, the Islamic community of Central Java has not fully grasped the significance of the age limit for marriage; hence they tend to disregard these regulations. This study reveals that some Muslim communities in Central Java prefer to practice the "Tuku umur" to fulfill the conditions for early marriage since it is simpler than seeking a marriage dispensation. In addition, the findings of this study imply that "Tuku umur" is a criminal act because it contains falsified data. Additionally, Tuku umur is a bribery offense, one of the sorts of corruption.
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Martiana, Andri, and Mukhlis Rahmanto. "Islamic Microfinance and Poverty Alleviation in Indonesia." ISLAMIC STUDIES 60, no. 4 (December 31, 2021): 431–44. http://dx.doi.org/10.52541/isiri.v60i4.2182.
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Many scholars have discussed how Islamic microfinance works to eradicate poverty. However, detailed studies reviewing the literature related to this topic in Indonesia are lacking. Using a systematic method to review, analyze, and synthesize the literature, this study highlights how IMFIs play their role in alleviating poverty in Indonesia. Seven databases of Emerald Management, Science Direct, Google Scholar (English keywords), Google Scholar (Indonesian keywords), Proquest, Scopus, and Academic Search Complete were used to gather articles published from early January 2016 to the end of 2020. From the data collected, it is found that the number of published articles with the theme “Islamic Microfinance Institutions and poverty alleviation” decreased beginning in 2019, with most of the research consisting of case studies in West Java using qualitative research methods. The impact felt by the community through the implementation of these programmes includes increasing societal welfare and reducing the number of poor micro and small entrepreneurs. This perceived influence has economic, social, and spiritual benefits that can help Indonesia’s economic and social growth. This review is expected to contribute to the evidence supporting poverty alleviation through Islamic microfinance in Indonesia. This becomes important in determining the direction of development and improvement of policies related to the problem.
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Yamani, Gasim, Muhammad Syarif, and Iin Magfirah. "Effectiveness of Islamic Law Compilation as Guidance at Religious Court of Palu City in Indonesia." Global Journal of Political Science and Administration 10, no. 2 (February 15, 2022): 34–43. http://dx.doi.org/10.37745/gjpsa.2013/vol10n2pp3443.
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The compilation of Islamic Law shows that there are unwritten laws in the lives of Indonesian Muslim people. Indonesian national law recognizes written and unwritten law. Therefore the compilation has Islamic law made to fill the void for Indonesian Muslims. This study aims to examine the effectiveness of the compilation of Islamic law in the religious court of Palu city in Indonesia. This research is qualitative research with a case study approach. Data has been collected through field observations and in-depth interviews with court judges and religious court officials in Palu. Furthermore, the data is presented in a matrix which is then analyzed using a thematic approach. The results of this study indicate that the use of compilations of Islamic law as a guideline in the religious courts of the city of Palu has been very effective. Since the beginning of its use on June 10, 1991, there have been many judges' decisions based on the compilation of Islamic law. Then the judges also no longer give different decisions in the same case because they already have one standard guideline. However, this research is only limited to the study of decisions related to divorce without involving cases of claims for the distribution of marital property. Future research needs to examine whether religious court decisions related to the distribution of marital property have also followed the compilation of Islamic law uniformly.
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Kooria, Mahmood. "The Dutch Mogharaer, Arabic Muḥarrar, and Javanese Law Books: A VOC Experiment with Muslim Law in Java, 1747–1767." Itinerario 42, no. 2 (August 2018): 202–19. http://dx.doi.org/10.1017/s016511531800030x.
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This article examines the claims of Dutch East India Company (VOC) officials in the mid-eighteenth century regarding the Islamic source of a legal code prepared for the local population in Semarang, northeast Java. Although the VOC had encountered local legal cultures in Indonesia since the mid-seventeenth century, it preferred to circumvent those in favour of European laws whenever possible. But in the eighteenth century, VOC officials addressed indigenous legal systems more directly when the company sought possibilities for direct control. This resulted in the production of many codes on the legal status of Muslim and Chinese subjects of Indonesia. In the process of codification, some officials claimed to have consulted Islamic legal texts and Muslim jurists. One criminal code that came out of the effort supposedly took its rulings accurately from the Mugharrar, which is possibly the Muḥarrar written by the Islamic jurist ʿAbd al-Karīm al-Rāfiʿī (d. 1226). I argue that this assertion is baseless, and demonstrate that the very pretense is part of a larger colonial project that sought legitimacy from the indigenous subjects at a time of political and economic crises.
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Umar, Masyithah. "Marriage and Divorce: How the Two Manifest within the Banjarise Community in Indonesia." Journal of Social Sciences Research, no. 63 (March 24, 2020): 245–51. http://dx.doi.org/10.32861/jssr.63.245.251.
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Currently, divorce rate in most big cities of Indonesia display an alarming trajectory that warrants close examination of the factors leading to it. With Islamic religious courts presiding over most of the divorce cases, which account for the largest portion of all legal cases in the country, this study examines the causal factors of divorce particularly in Bajarmasin city in South Kalimantan province. The study uses a qualitative research method. Data was collected through interviews, observations, and documentation study techniques. Findings indicate that there is little and sometimes no public awareness and understanding of the legal procedure of settling marriage deputes as many skip other available services like the Marriage and Divorce Advisory Board and directly seek divorce rulings from religious courts. It has also been established that domestic violence, secret marriages (Siri), early marriages and infidelity among other factors, are the main causes of the divorce. It has been established most of the couples seeking divorce ignore or are either ignorant about the roles and existence of the Marriage and Divorce Advisory Board which is formality tasked with the role counseling marriages couples with varying disputes and grievances. It is concluded that public awareness of proper channels and procedures of settling marriage disputes, women empowerment, increasing and promoting girl child education, strengthening family incomes, legal counseling on marriage law and a brief orientation on the dangers / impacts of secretary and early marriages could in the long-run curb the rampant divorce rates in the country and of course in Banjarmasin.
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Saparuddin, Jantan, and Maryani Maryani. "Saksi Wanita dalam Putusan Perceraian di Pengadilan Agama Kelas IA Kota Jambi." INNOVATIO: Journal for Religious Innovation Studies 16, no. 1 (June 30, 2016): 19–30. http://dx.doi.org/10.30631/innovatio.v16i1.27.
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In examining and resolving marital disputes in divorce cases special procedural law is regulated, which is regulated in Law Number 1 of 1974 concerning marriage, Government Regulation Number 9 of 1975 concerning the implementation of Law Number 1 of 1974, Law Number 7 Year 1989 concerning the Religious Courts and Compilation of Islamic Law. Among the duties of judges in resolving divorce cases is to worry or judge whether the events or facts presented by the parties are true and this can only be done through verification. This study aims: first, to know the role and position of female witnesses for divorce cases in the Jambi City Religious Court according to Islamic law; second, knowing the role and position of female witnesses for divorce cases in the Jambi City Religious Courts according to Indonesian law. Second, knowing the role and position of female witnesses for divorce cases in the Jambi City Religious Courts according to the laws in Indonesia. The research method used is an empirical juridical method, which is used to analyze various laws and regulations in the field of marital law. While the empirical approach is used to analyze the law not merely as a set of normative legislation, but the law is seen as the behavior of people who fluctuate and pattern in people's lives. The approach method used in this study is an empirical juridical method, which is used to analyze various laws and regulations in the field of marital law. While the empirical approach is used to analyze the law not merely as a set of normative legislation, but the law is seen as the behavior of people who fluctuate and pattern in people's lives.
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Trigiyatno, Ali, and Sutrisno Sutrisno. "Dharar as a Reason for Divorce Lawsuit in Fiqh and Legislation of Some Muslim Countries: Study on Indonesia, Bahrain, Sudan, Qatar, and Morocco." Al-Istinbath : Jurnal Hukum Islam 7, no. 1 (May 30, 2022): 205. http://dx.doi.org/10.29240/jhi.v7i1.3368.
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This paper aims to explain dharar as a reason for divorce in the legislation of five Muslim countries, namely Indonesia, Bahrain, Sudan, Qatar, and Morocco. The five countries were chosen with consideration of representing the Sunni Islamic School and one Shia Islamic School. The approach used is a normative approach combined with a comparative method of the law. Primary legal materials are acts and other legislation relevant to the topic of discussion. The results show that the five countries equally provide room for divorce for the wife if she is experiencing dharar, the judge or hakam is obliged to reconcile the two disputing spouses, dharar includes physical and psychological, and the accusation must be proven using evidence generally applicable in procedural law. As for the difference, only Indonesia emphasizes cruelty and physical abuse, while other countries are general. Morocco is the most complete in regulating dharar as a reason for divorce and has several specifics such as violating the marriage agreement which is categorized as dharar. Morocco also regulates compensation due to ḍarar suffered by the wife, while the other four countries do not discuss it in their family law.TRANSLATE with x EnglishArabicHebrewPolishBulgarianHindiPortugueseCatalanHmong DawRomanianChinese SimplifiedHungarianRussianChinese TraditionalIndonesianSlovakCzechItalianSlovenianDanishJapaneseSpanishDutchKlingonSwedishEnglishKoreanThaiEstonianLatvianTurkishFinnishLithuanianUkrainianFrenchMalayUrduGermanMalteseVietnameseGreekNorwegianWelshHaitian CreolePersian // TRANSLATE with COPY THE URL BELOW Back EMBED THE SNIPPET BELOW IN YOUR SITE Enable collaborative features and customize widget: Bing Webmaster PortalBack//
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Ridhwan, Ridhwan, and A. Nuzul A Nuzul. "The Petta Kalie’s Contribution in The Development of Islamic Law during The Kingdom of Bone." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 5, no. 1 (June 30, 2021): 64. http://dx.doi.org/10.22373/sjhk.v5i1.8977.
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This article examines Petta Kalie's contribution to the development of Islamic law in the Kingdom of Bone. Petta Kalieor qadhi has the same position as an advisor or counselor to the sultan. This was similar to the qadhi al-qudhat in Baghdad, syekh Islam in Turkey, sadar-i azam in India, qadhil malikul adil in Aceh or Wali Songo in Java. This study uses a historical approach to understanding the Islamic law as an analytical tool by looking at Petta Kalie as a collective history that contributes to the development of the Islamic law. The study concluded that there were four contributions of Petta Kalie in the development of Islamic law: affirming the integration of sara’ (Islamic law) and ade’ (adat), such as the sompa, mappacci, barzanji and meppanre tamme traditions. The internalization of the Islamic law with the style of Syafi’i school of thought was carried out by Patte Kalie assisted by puang imang, katte’, bilal, doja and amil who are in charge of teaching and disseminating the Islamic laws such as marriage, divorce, reconciliation, inheritance distribution, and the management of zakat. In addition, Petta Kalie also promotes women’s equality in the Islamic law, supports female Sultanah to appear as kings and initiates education in studying Islamic sciences especially for women called makkamisi’. Finally, a legal fatwa related to resistance to the Netherlands and refusal to cooperate with them. Some of these arguments and findings are indisputable historical facts that Petta Kalie made a major contribution to the development of Islamic law in the Bugis Bone society.
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Mulyawan, Fitra, Kiki Yulinda, and Dora Tiara. "POLITIK HUKUM DALAM BIDANG HUKUM KELUARGA ISLAM DI INDONESIA." Ensiklopedia Sosial Review 3, no. 2 (June 13, 2021): 111–22. http://dx.doi.org/10.33559/esr.v3i2.764.
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In Indonesia, religion and state are two different entities, and each has its own autonomy, where there is an area that is completely “belonging to” religion, the state cannot enter it and there is also an area that is fully the competence of the state, so religion is not can participate in it. So that the formation of laws will reflect the configuration of power and political interests. In the actualization of political power and interests, sometimes there is a clash between the interests of fragmatism and those that are permanent and in favor of the benefit of mankind. This means that the interests of ideological values that live and develop in society can be configured with the interests of political power fragmatism. Therefore, first, the legislative program for several aspects of the modernization of Islamic family law politics in Indonesia, namely starting with the history of legislation on marriage in Indonesia, one of which is the Dutch East Indies Government circulating the Draft Ordinance on Registered Marriage, which includes the principle of monogamy and the prohibition of imposing divorce out of court. Then from the point of view of the meaning of the ideal law, the presence of KHI is a series of historical national laws that can reveal the various meanings of the life of the Indonesian Muslim community. Second, before the birth of Law no. 1 of 1974 in Indonesia various marriage laws apply for various groups of citizens and various regions. in the Indieche Staats Regeling (ISR), namely the Indian constitutional regulations. After independence, the Indonesian government has established a number of Islamic marriage regulations. Among them are Law Number 22 Year 1946 concerning Registration of Marriage, Divorce and Reconciliation.
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Wiyono, Dwi Fitri Wiyono. "The implication of Islamic Boarding School policy in developing the quality of Islamic religious education in East Java, Indonesia." Technium Social Sciences Journal 35 (September 9, 2022): 79–92. http://dx.doi.org/10.47577/tssj.v35i1.7169.
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This paper discusses the implication of Islamic boarding school education quality policy in Indonesia. The presence of state in developing quality began with the issuance of Law Number 18 of 2019 concerning Islamic Boarding Schools and Presidential Decree 82 of 2021 concerning funding for implementation of Islamic Boarding Schools which later affected its existence in Indonesia, especially Islamic boarding schools in East Java. The results have implications for 2 aspects, namely the management of macro aspects and micro aspects. Management on macro aspects, among others; first, the regulatory aspect of Islamic Boarding School quality assurance, second, the funding aspect of Islamic Boarding School, and third, the managerial aspect of Islamic Boarding School. While the management of the micro aspects, among others; (1) The philosophical values and vision and mission of Islamic Boarding School; (2) Human resource management; (3) Management of facilities and infrastructure.