Garuda - Garba Rujukan Digital

Berjabat Tangan Dengan Linto Baroe Dan Dara Baroe Dalam Pesta Perkawinan Menurut Ulama Dayah Burhanuddin A. Gani; Ida Friatna; Syukri Asnawi
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 2 (2022): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i2.1734

There are problems related to shaking hands during weddings in Suka Makmue District, Nagan Raya Regency, carried out by people who deviate from the Qur'an, Hadith and cleric opinions, namely people think shaking hands at weddings with linto baroe and dara baroe is something polite and civilized. Even though the scholars agree that shaking hands with non-mahrams is haram. The problems to be investigated in this study are first, how to shake hands between guests and brides linto baroe and dara baroe which was carried out in Suka Makmue sub-district, Nagan Raya district, secondly, how are the views of dayah scholars on the practice of shaking hands between guests with linto baroe and dara baroe at wedding party. This research uses a case study approach, which produces descriptive data in the form of written or spoken words from the people observed. Field research includes interviews and documentation obtained from the community and cleric in Suka Makmue sub-district. From the results of the study, the procession of shaking hands with guests has two processes, namely, firstly, the linto or dara baroe meets the guest to shake hands and the second the guest shakes hands with the bride and groom when the intat linto/dara baroe process is completed by approaching the bride and groom while giving gifts. The results of the study second, the fourth view of the dayah scholars regarding shaking hands with non-mahram guests has several opinions where the legal issue of shaking hands with non-mahram directly is haram, except for small children or the elderly who do not have the potential to cause negative effects (desire and lust). slander). The law of shaking hands between the opposite sex and non-mahram by using gloves or a legal cover (permissible) as long as it does not have the potential to cause lust and slander.

Shaking Hands with Linto Baroe and Dara Baroe in a Marriage Party According to Dayah Scholars (Case Study of Suka Makmue District, Nagan Raya Regency): Berjabat Tangan Dengan Linto Baroe Dan Dara Baroe Dalam Pesta Perkawinan Menurut Ulama Dayah (Studi Kasus Kecamatan Suka Makmue Kabupaten Nagan Raya) A. Gani, Burhanuddin; Friatna, Ida; Asnawi, Syukri
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 2 No. 2 (2022): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i2.1734

There are problems related to shaking hands during weddings in Suka Makmue District, Nagan Raya Regency, carried out by people who deviate from the Qur'an, Hadith and cleric opinions, namely people think shaking hands at weddings with linto baroe and dara baroe is something polite and civilized. Even though the scholars agree that shaking hands with non-mahrams is haram. The problems to be investigated in this study are first, how to shake hands between guests and brides linto baroe and dara baroe which was carried out in Suka Makmue sub-district, Nagan Raya district, secondly, how are the views of dayah scholars on the practice of shaking hands between guests with linto baroe and dara baroe at wedding party. This research uses a case study approach, which produces descriptive data in the form of written or spoken words from the people observed. Field research includes interviews and documentation obtained from the community and cleric in Suka Makmue sub-district. From the results of the study, the procession of shaking hands with guests has two processes, namely, firstly, the linto or dara baroe meets the guest to shake hands and the second the guest shakes hands with the bride and groom when the intat linto/dara baroe process is completed by approaching the bride and groom while giving gifts. The results of the study second, the fourth view of the dayah scholars regarding shaking hands with non-mahram guests has several opinions where the legal issue of shaking hands with non-mahram directly is haram, except for small children or the elderly who do not have the potential to cause negative effects (desire and lust). slander). The law of shaking hands between the opposite sex and non-mahram by using gloves or a legal cover (permissible) as long as it does not have the potential to cause lust and slander.

The Concept of Hadhanah from the Perspective of the Syafi'i Mazhab and Its Implementation in the Decision of the Syar'iyah Court of Banda Aceh City Number 314/Pdt G/2017/MS Bna: Konsep Hadhanah Perspektif Mazhab Syafi'i dan Implementasinya dalam Putusan Mahkamah Syar'iyah Kota Banda Aceh Nomor 314/Pdt G/2017/MS Bna A. Gani, Burhanuddin; Mughnia, Aja
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 1 (2021): 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.v1i1.1615

One of the themes of Islamic family law is haḍānah. In the Shafi'i school, the right of haḍānah is assigned to the mother. However, if they do not meet the qualifications and requirements for parenting, they are transferred to their maternal grandmother, paternal grandmother, mother's sister, maternal aunt, daughter of mother's brother, daughter of mother's sister, paternal aunt, and father. However, in the decision of MS Banda Aceh No. 314/Pdt.G/2017/Ms.Bna, the right of haḍānah is actually given to the father, when the mother does not have the qualifications to raise children. For this reason, the problem of this research is what is the basis for the consideration of the judges of the Banda Aceh Syar'iyah Court in deciding the haḍānah lawsuit Number 314/Pdt.G/2017/MS.Bna, and how the implementation of the haḍānah concept in the Syafi'i school is seen based on the Decision of the Sharia Court Banda Aceh Number 314/Pdt.G/2017/MS.Bna. This research is included in library research and qualitative approach, with the type of descriptive-analysis. The results of the study indicate that the basis for the consideration of the MS Banda Aceh panel of judges refers to legal facts and witness statements. The panel of judges considered that the child's life was more secure and the benefit of the child was given to the defendant (father) rather than the plaintiff (mother). The implementation of the concept of aḍānah in the decision is not in accordance with the provisions of the order of hadhanah rights in the Shafi'i school. In the Shafi'i school, if the mother does not meet the qualifications for the hadhanah right, then it turns to her maternal grandmother, paternal grandmother, mother's sister, maternal aunt, daughter of mother's brother, daughter of mother's sister, aunt from the father's side. After that, it was given to my father. While in the decision, hadhanah rights are given to the father after the mother does not meet the requirements hadhanah.

Judges' Guidelines in Adjudicating Marriage Dispensation Cases According to PERMA No. 5 Year 2019 (Analysis of the Decision of the Banda Aceh Syar'iyah Court Number 5/Pdt.P/2021/Ms.Bna): Pedoman Hakim Dalam Mengadili Permohonan Perkara Dispensasi Kawin Menurut PERMA No. 5 Tahun 2019 (Analisis Putusan Mahkamah Syar’iyah Banda Aceh Nomor Perkara 5/Pdt.P/2021/Ms.Bna) Abd. Gani, Burhanuddin; Ramadhani, Putri; Eriyanti, Nahara
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 2 (2021): 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.v1i2.1624

In the Regulation of the Supreme Court of the Republic of Indonesia No. 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation, article 15 letter (d) states that examining a child for whom a marriage dispensation is requested may seek a recommendation from a psychologist or professional Social Worker Doctor/Midwife, Social Welfare Personnel, Integrated Service Center for the Protection of Women and Children (P2TP2A). , Indonesian/Regional Child Protection Commission (KPAI/KPAD). However, in reality the implementation of the Banda Aceh Syar'iyah Court's decision with Case number 5/Pdt.P/2021/Ms.Bna, the Judge granted the petition for a marriage dispensation by the applicant without fulfilling the conditions stated in article 15 in letter (d). In addition, in the community, parents who marry off their children have not reached the age stipulated by law, and without a recommendation letter from a doctor, even though it is very important for the reproductive health of the prospective bride. The question in this thesis research is the first dispensation for marriage according to PERMA No. 5 of 2019 concerning guidelines for adjudicating applications for dispensation for marriage against underage women, and the second consideration of the judges of the Banda Aceh syar'iyah court in granting requests for dispensation for marriage to underage women. This study uses a qualitative method. The results of the study found that the marriage dispensation according to PERMA No. 5 of 2019 regarding guidelines for adjudicating applications for dispensation for marriage is that the application can be submitted for those who are not of the age in accordance with statutory regulations no. 16 of 2019 regarding amendments to law no. 1 of 1974. And the judge's consideration in granting the application for dispensation for marriage without fulfilling the conditions stipulated in PERMA No. 5 of 2019 in article 15 letter d because these conditions are supporting conditions, this can be seen from the age of the applicant because of concerns that occur in the reproduction of the woman because she is still a minor.

Title

Found 14 Documents
Search

Abstract

Abstract

Abstract

Abstract

Title Search

Found 14 Documents Search

Abstract

Abstract

Abstract

Abstract

Title

Found 14 Documents
Search