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The Validity of Reconciliation Without Witnesses at The Religious Affairs Office: Keabsahan Rujuk Tanpa Saksi Di Kantor Urusan Agama Mukdin, Khairani; Izzati, Rahmil; Syuhada, Syuhada
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 3 No. 1 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v3i1.2725

Abstract

Some factors in establishing a family can result in divorce. Islam permits a husband and wife to reconcile during the iddah period (a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry). In accordance with this requirement, a husband who wishes to reconcile with his ex-wife must go through the Religious Affairs Office (KUA) and adhere to the established protocols. However, the practice is different, as happened in the KUA of Syiah Kuala Subdistrict, Banda Aceh, which carried out the reconciliation process without witnessing. Contrarily, it is explicitly stated in The Compilation of Islamic Law (KHI) articles 163–169 that witnesses are necessary in cases involving reconciliation. According to the KUA, the process for reconciliation is that the husband who wants to get his wife back comes to the marriage registrar who oversees the neighborhood where the husband and wife reside by bringing a stipulation about the possibility of divorce and the required certificate, which is followed by reconciliation in front of the registrar and witnesses. It is not necessary for witnesses to be present. The most important aspect is that the community be aware of their reconciliation, whether or not they are present. Upon that, a reconciliation certificate is created and delivered to the religious court where the divorce occurred. They view reconciliation as a continuation of the marriage, not a new marriage contract, which explains why there are no witnesses in the process of reconciliation cases. Therefore, in the process of reconciliation, witnesses are not as crucial. KHI, however, demands a witness to the reconciliation for the purpose of benefit. The reconciliation is deemed unlawful without a witness because permanent law cannot be established. Even without witnesses, the KUA can issue a certificate of reconciliation, which is accepted by the court to consider the reconciliation valid.
APPLICATION OF PRUDENTIAL BANKING TO ELIGIBILITY FOR THE DISTRIBUTION OF KUR UMKM BSI BRANCH DIPONEGORO BANDA ACEH. STUDY ON TESTING THE INCOME AND PROFITABILITY OF DEBTOR CUSTOMERS' BUSINESSES Adzkia, Khaliza; Mukdin, Khairani; Sholihin, Riadhus
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 2 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i2.25589

Abstract

This research emphasises the importance of testing customer income and profitability in ensuring financing eligibility and supporting the financial stability of banks and the development of MSMEs in Indonesia. This reseacrh aims to ensure that the financing disbursement process is carried out effectively and in accordance with prudential banking principles with legal provisions. This research method is normative empirical. The results of the research showed that the distribution of KUR was in accordance with the mandate of articles 8 and 29 of Law No. 10 of 1998 on Banking and article 23 of Law No. 21 of 2008 on Sharia Banking. This can be seen from the application of KUR distribution at BSI Diponegoro Branch Banda Aceh which is carried out strictly through testing with five main stages, namely BI checking, surveys, business feasibility analysis, analysis of collateral feasibility, the committee process with the leadership and the analysis of MSMEs income and profitability by paying attention to income sources, income stability, sales trends, seasonal patterns, sales targets, profit patterns, bank transaction history and bank transaction frequency.
Accessibility and Effectiveness of Qur’anic Braille Instruction for Visually Impaired Students: A Case Study at BUKESRA, Banda Aceh Roslaili, Yuni; Munandar, Aris; Mukdin, Khairani; Suparwany, Suparwany; Rahmi, Maulidatun
Jurnal Ilmiah Al-Mu'ashirah: Media Kajian Al-Qur'an dan Al-Hadits Multi Perspektif Vol 22, No 1 (2025)
Publisher : South East Asia Regional Intellectual Forum of Qoran Hadith (SEARFIQH)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jim.v22i1.28652

Abstract

This study aims to analyze the accessibility and effectiveness of Qur'anic Braille instruction for blind students at SDLB Bukesra Ulee Kareng, Banda Aceh. Employing a qualitative approach with a case study method, data were collected through interviews, observations, and questionnaires. The findings reveal that the school has developed an effective inclusive learning system by providing Braille Qur'ans and implementing various teaching methods such as A-to-Z, Synthetic Structural Analysis (SAS), left-code technique, and talaqqi. Teachers also offer individualized support to address learning challenges. Students generally master reading and writing the Qur'an in Braille within an average of three months and have achieved recognition in local Braille Qur'an reading competitions. Nevertheless, the study identifies several challenges, including limited availability of Braille Qur'ans in the dormitory, the absence of the “Nun Wiqayah” symbol in Braille scripts, and a shortage of trained professionals. These findings highlight the need for enhanced resources and institutional support to optimize Qur'anic learning for blind students.
Mechanism for Settlement of Wali Adhal Cases in the Determination of Guardian Judges in Banda Aceh Cut Amirah Fatinah; Khairani Mukdin; Nik Saleh, Nik Salida Suhaila; Ğafurof, Rishat Ameer; Saiban, Kasuwi
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 3 (2025): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i3.361

Abstract

This study aims to examine the factors that lead to the appointment of a marriage guardian judge (wali hakim) due to the refusal of a legitimate guardian (wali adhal), as well as the mechanism of its implementation at the Office of Religious Affairs (KUA) in Lueng Bata District, Banda Aceh. The research employs a qualitative approach with a sociological-empirical method, using in-depth interviews, observation, and documentation with the Head of KUA and KUA staff as the primary sources, supported by secondary data from literature and legal documents. The findings reveal that the appointment of a wali hakim generally arises from non-shar’i reasons, including personal conflicts between guardians and prospective brides, excessive social considerations related to the groom’s status, economic concerns, and long-standing family disputes. These factors restrict women’s rights to marry in accordance with Islamic law. The resolution mechanism consists of several stages, starting from reconciliation efforts, mediation by KUA and community leaders, and, if necessary, filing a petition to the Religious Court. Once the court transfers guardianship rights, the marriage can be solemnized with a wali hakim appointed by the judge. This study highlights the crucial role of KUA and the Religious Court in safeguarding women’s rights and ensuring the validity of marriage under both Islamic and state law in Indonesia.
Judicial Discretion in Determining the Quantum of Nafkah Māḍiyah (A Study of Banda Aceh Syar’iyah Court Decisions) Arrayansyah, Faisal; Mukdin, Khairani; Alimuddin
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 5 No. 2 (2025): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v5i2.8227

Abstract

This study aims to analyze judicial discretion in determining the quantum of nafkah māḍiyah (past maintenance) in divorce cases at the Banda Aceh Syar’iyah Court through nine decisions issued between 2020 and 2025. The primary issue identified is the absence of standardized benchmarks or technical guidelines, leading to disparities among decisions even when trial facts are relatively similar. This study employs a juridical-normative-empirical research method, utilizing both case and statutory approaches. It applies content analysis of decisions and interview methods, examined through the perspectives of Islamic law (mazhab Shafi'i), substantive justice theory, and qaidah fiqhiyah (legal maxims). The findings indicate that judges continue to exercise individual discretion based on trial facts, resulting in variations where claims are granted fully, partially, or rejected entirely. The basis for calculation and legal reasoning is often not elaborated in detail; consequently, substantive justice is not always reflected in the decisions. From the perspective of Islamic law, particularly the Shafi'i school of thought, nafkah māḍiyah is obligatory provided the wife is not nusyūz, with consideration given to the wife's reasonable needs and the husband's capacity; however, the practical application remains inconsistent. This study offers theoretical implications by strengthening the application of substantive justice in the religious judiciary and demonstrating that judicial discretion can serve as an instrument of justice provided it balances formal legal, moral, and social aspects. Practically and in terms of policy, it is recommended that the Syar’iyah Court formulate technical guidelines for determining nafkah māḍiyah based on Shafi'i fiqh and principles of substantive justice to ensure decisions are legally valid and socially just.