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Nalar Hukum Progresif Hakim Agama: Implementasi Hak Ex-Officio Dalam Putusan Perceraian di Pengadilan Agama Tulungagung Khaidarulloh, Khaidarulloh; Maratus, Nuril Farida; Aulia, Sidiq
AL-MIKRAJ Jurnal Studi Islam dan Humaniora (E-ISSN 2745-4584) Vol 4 No 1 (2023): Al-Mikraj, Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v4i1.6425

Progressive legal reasoning of Islamic judges, especially regarding Ex-Officio rights, is a significant issue in this research. This article discusses the development and actualization of the Ex-Officio rights of Islamic judges in the decisions of Islamic family law in the Religious Court of Tulungagung from 2014 to 2020. Through a literature analysis and empirical data, this research describes the changes and developments in the application of Ex-Officio rights by Islamic judges in the context of divorce cases. As a result, judges can use ex officio rights to make broader decisions than those presented in the application, such as determining maintenance for parties who did not file the application. This broadens the scope of court decisions and provides more effective legal protection to those affected by divorce. Additionally, ex officio rights serve as a legal protection tool for women in divorce cases. Judges can issue decisions to prevent women from facing economic or social losses after divorce and ensure the full respect of women's rights.

The Kaum Existence (Penghulu Adat) in Marriage: A Case Study of the Pekal Community, Ketahun District, North Bengkulu Regency: Eksistensi Kaum (Penghulu Adat) dalam Perkawinan: Studi Kasus pada Masyarakat Pekal, Kecamatan Ketahun, Kabupaten Bengkulu Utara Aulia, Sidiq
Journal of Islamic Law Vol. 1 No. 2 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

In the life of the Pekal community, Ketahun Subdistrict, North Bengkulu Regency, marriage is often found without going through the KUA (Office of Religious Affairs), in other words not recorded by the State. There are still many Ketahun people in North Bengkulu who do marriages through an intermediary of the Kaum (traditional headman). The purpose of this study was to determine the existence of the Pekal community in marriage. This study uses empirical legal research methods to see the working of law in society and the juridical-sociological approach. The results of research on the existence of people in marriage in the Pekal community are as leaders of traditional marriage ceremonies. The leader of the traditional wedding ceremony is interpreted through the form and symbol of traditional marriage, reflected by social values ??that are needed in the formation and development of the Pekal community's identity. Likewise, the social value is interpreted, which is one of the things that is very closely related to the life activities of the Pekal community, which in general is a form and arises from every human being.

Restriction of Islamic Civil Society Participation: Genealogy of Zakat Legal Politics and Its Centralized Management in Indonesia Emzaed, Ali Murtadho; Aulia, Sidiq; Rosadhillah, Valencia Kirana; Sukti, Surya
Journal of Islamic Law Vol. 4 No. 2 (2023): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v4i2.1444

This article analyzes the management of zakat (almsgiving) in Indonesia, focusing on the genealogy of legal politics and its relationship with state policies in centralizing zakat management. Given the variations in zakat management systems among Muslim countries, Indonesia’s direct participation in zakat management has provoked resistance within Islamic civil society. They do not desire any state intervention in zakat management, as it contradicts their longstanding practice before Indonesia’s independence. This article employs a historical approach and analyzes data using Fred W. Riggs’ prismatic legal theory. The authors find that the state’s argument for centralizing zakat management in Indonesia aims to optimize the efficient utilization of zakat funds. However, this policy hurts the participation of Islamic civil society in managing zakat according to their genealogical traditions. Therefore, the article argues that the state’s centralization of zakat management is inappropriate, as it overlooks the integral zakat practices rooted in Islamic civil society’s history and culture in Indonesia.

Nalar Hukum Progresif Hakim Agama: Implementasi Hak Ex-Officio Dalam Putusan Perceraian di Pengadilan Agama Tulungagung Khaidarulloh, Khaidarulloh; Maratus, Nuril Farida; Aulia, Sidiq
AL-MIKRAJ Jurnal Studi Islam dan Humaniora Vol. 4 No. 1 (2023): Al-Mikraj, Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v4i1.6425

Progressive legal reasoning of Islamic judges, especially regarding Ex-Officio rights, is a significant issue in this research. This article discusses the development and actualization of the Ex-Officio rights of Islamic judges in the decisions of Islamic family law in the Religious Court of Tulungagung from 2014 to 2020. Through a literature analysis and empirical data, this research describes the changes and developments in the application of Ex-Officio rights by Islamic judges in the context of divorce cases. As a result, judges can use ex officio rights to make broader decisions than those presented in the application, such as determining maintenance for parties who did not file the application. This broadens the scope of court decisions and provides more effective legal protection to those affected by divorce. Additionally, ex officio rights serve as a legal protection tool for women in divorce cases. Judges can issue decisions to prevent women from facing economic or social losses after divorce and ensure the full respect of women's rights.

Dragon in Protection of Cresent and Red White: Islamic and Nation Thoght of Abdul Karim Oey (Oey Tjeng Hien) Hartati, Merri Sri; Aulia, Sidiq; Hardiansyah, H
Proceeding ISETH (International Summit on Science, Technology, and Humanity) 2019: Proceeding ISETH (International Summit on Science, Technology, and Humanity)
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/iseth.1523

The purpose of this paper is to obtain a complete picture of Abdul Karim Oey’s thinking in an Islamic and ethnic context where the boundaries of writing are only a telescope of Abdul Karim Oey’s thoughts on Islam and nationalism. historical research methods, data collection from Heuritics, selection, interpretive, and historiography. Oey’s thoughts about Islam: Islam Universalism, Islam Rationalism in the face of mysticism and ignorance, Islamic Da’wah in assimilation of ethnic Chinese, and his thoughts about Indonesia: disagree with Bung Karno’s ideas about non-Islamic countries and Islamic formalism in the country, love of the motherland and an open mind with true, anti-communist, and national unity in rejecting the federal state created in the Netherlands.

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