Distiliana, Distiliana
Fakultas Hukum Universitas Palembang

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Journal : Solusi

HUKUM NATING DALAM SYARIAT ISLAM Distiliana, Distiliana
Solusi Vol 16 No 1 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (815.276 KB) | DOI: 10.36546/solusi.v16i1.98

Abstract

Dempo Utara Pagaralam is the result of field research to know the law of practice nating in syariat islam in mountain village of agung kec. Dempo Utara Pagaralam. Data that needs to be collected in this study with methods of observation, interviews and documentation. After the data is collected, the data is processed and analyzed by qualitative descriptive method which is the conclusion of data starting from the aspect of syariat Islam then drawn to the facts of field which is special that is about the utilization of guarantee goods by the receiver of pawn (murtahin). Result of research from 3 case practice of nating in village of mount agung kec. Dempo Utara Pagaralm concluded the nating contract (pledge) is valid because it fulfills the requirements and rukun pawn based on Islamic Shari'ah which is dilafazkan, aqil, baligh, proficient, intelligent and accompanied by witness and proof of kesepitaatan in writing. The amount of money that is used as a debt of about 5-20 million rupiah in addition, with a guarantee of agricultural land with an area of ​​approximately 400m2 - 6540m2. The treatment of coffee plantations as collateral goods is taken over completely from start of management until the coffee garden and murtahin products do not provide loans to the rahada (pawns) money if the rahin does not submit certificates and collateral goods as collateral. From land use (collateral goods) murtahin get profits ranging from 50-90% of the amount of debt. According to the analysis of the practice of nating in the village of majestic mountain kec. North Dempo is not in accordance with Islamic Shari'a. It is recommended for the people of the village of mount Agung. Dempo north to implement the practice of nating according to Islamic Shari'a
IDDAH PEREMPUAN HAMIL KARENA ZINA ( Studi Kasus Pasal 53 Kompilasi Hukum Islam) Distiliana, Distiliana
Solusi Vol 22 No 2 (2024): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v22i2.1136

Abstract

The iddah period is the waiting period for a woman who has been divorced by her husband, both dead divorced and live divorced in order to find out whether the woman is pregnant or not. To be clear, the biological father of the baby, in reality, women become pregnant not only because the result of a legal marriage can also occur as a result of adultery. Good adultery. This study aims to determine the iddah of pregnant women due to zina in the case study of Article 53 of the Compilation of Islamic Law. This research includes qualitative research, namely literature research, which is the object of study in the form of library data, namely supporting books relevant to the research, namely Iddah pregnant women due to adultery case study article 53 Compilation of Islamic law, articles, mass media (newspapers), previous research reports and so on. The technique used is through three ways, namely collecting research materials, reviewing and analyzing the results of various readings. The Regulation of the Compilation of Islamic Law article 53 paragraphs 1, 2 and 3 concerning the marriage of pregnant women out of wedlock can be interpreted that, pregnant women due to adultery are not obliged to the iddah period for her The iddah period is a mandatory waiting period for women who are rejected by their husbands either divorced alive or divorced dead. The period of iddah of a pregnant woman due to zina refers to article 53 on marriage of pregnant women in paragraphs 1, 2 and 3 so there is no period for her to be iddah and the woman may marry the man who impregnated her even if the baby in the womb has not been born.