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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Journal of Law, Poliitic and Humanities Jurnal Hukum Islam
Somawinata, Yusuf
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Cancellation of Marriage due to Negligence and Legal Consequences (Case Study on the Decision of the Pandeglang Religious Court, Banten No. 84/Pdt.G/2013/PA.Pdlg) Sanusi, Ahmad; Somawinata, Yusuf; Anwar, Khoirul; Jamaluddin, Jamaluddin; Rahman, Arif
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v6i1.10230

Abstract

According to the Marriage Law, a person who will get married must meet the requirements and marriage principles as stipulated in their respective religions and beliefs as well as the administrative requirements. However, sometimes marriage registration process is not fully fulfilled, which then leads to the cancellation of the marriage. Marriage annulment is the cancellation of a husband and wife relationship after the marriage contract is held. The cancellation process may be carried out by the religious court if the parties do not meet the requirements to carry out the marriage, as stated in Article 22 of Law no. 1 of 1974 concerning marriage. This study will analyze the decision to annul the marriage and its legal consequences at the Pandeglang Religious Court. The research used content analysis, which is to analyze descriptively the content of court decisions with a normative approach. The results of this study are that the panel of judges granted the application for annulment of marriage with legal considerations and the existence of obstacles to marriage because it was contrary to the principle of marriage itself, namely the principle of monogamy. The reason was the Petitioner's negligence and the manipulation of Respondent I and Respondent II in attaching the administrative requirements of their marriage, in which the marriage occurred when Respondent I still had a legal wife. The annulment of the marriage leads to legal consequences for the child, and the assets possed during the marriage, as well as third parties. Thus, the annulment of marriage does not have a retroactive effect on the position of the child and third parties.
Sanctions for Inheritance Embezzlement in Indonesia: Analysis of Qiyas and Maslahah Dulfikar, Akhmad; Syarjaya, Syibli; Somawinata, Yusuf; Tarihoran, Nafan; Syafuri, B.
Jurnal Hukum Islam Vol 23 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v23i1.06

Abstract

Although embezzlement of inheritance property often occurs in Indonesia, Islamic law does not regulate sanctions for embezzlement of inheritance rights, including the Compilation of Islamic Law as the basis for Islamic inheritance law. This study examines the sanctions for embezzlement of inheritance property in Islamic law and how they are applied in Indonesia; it adopts the normative juridical method with statutory, conceptual, and case approaches. The study findings show that in classical fiqh, there are no sanctions for embezzlement of inherited property. However, based on qiyas and mashlahat mursalah, sanctions against embezzlement of inheritance property in Islamic law are in the form of moral sanctions (gibah) and takzir, whose levels are left to the imam and mujtahid. In Indonesia, a case of embezzlement of inheritance property is included in a criminal case. The sanction for this is imprisonment for a maximum of 4 years or a maximum fine of 900 rupiah as laid down in Article 372 of the Criminal Code. The author argues that the criminal sanction based on qiyas is a takzir sanction set by the government. This study offers an integrative normative framework between classical inheritance fiqh and contemporary positive law and provides a clear legal understanding for the protection of inheritance rights.
Application of Fiqh Rules on the Intention of “AL-UMURU BIMAQASHIDIHA” in Islamic Family Law Masduki, Masduki; Somawinata, Yusuf; Hidayat, Ahmad
Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i5.2000

Abstract

Islamic law is built on arguments and rules, both those originating from revelation and the ijtihad of scholars. Although a law is determined based on arguments or rules of ijtihad, in fact scholars base it on the arguments from the revelation. Qawa'id fiqh is the result of ijtihad of scholars in compromising the will of the law maker (ash-Syari') in the reality of human life. One of the main rules in Islamic law is the principle of alumuru bimaqshidiha, all actions depend on the intent and intention of the perpetrator. This rule is very important in every aspect of Islamic law, both worship and muamalat, including in Islamic Family law, both concerning marriage, divorce, wills and other contracts. So that all actions of a person will ultimately get according to what he intended.
Co-Authors Ahmad Hidayat Ahmad Sanusi Arif Rahman B. Syafuri Dulfikar, Akhmad Jamaluddin Jamaluddin Khoirul Anwar Masduki Masduki Syarjaya, Syibli Tarihoran, Nafan