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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Journal of Law, Poliitic and Humanities IIJSE
Khair, Nispul
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Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Implementation of Counseling through Islamic Religious Courts in Resolving Polygamy Household Disputes Pagar, Pagar; Khair, Nispul; Siregar, Fikri Bayu
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.3450

Abstract

The purpose of this study was to determine the implementation of counselees through Islamic religious courts in resolving polygamous household disputes (a case study at the Rantauprapat Islamic religious court, Labuhanbatu Regency in 2018-2021), especially about how it is planned, what are the steps, what are the inhibiting and supporting factors, and why the need for counselees at the Rantauprapat religious court. This study uses a qualitative method. This research takes place at the center of the Rantauprapat religious court. Data collection techniques using documentation, interviews and observations. The data analysis technique uses data collection, data reduction, data presentation and conclusions. The research informants here are the head of the religious court, judges, mediators, KUA and community leaders in Labuhanbatu. This research starts from the initial study from March to August 2021. The results showed that; 1) counselee planning at the religious court of Labuhan Batu Regency in reducing the number of polygamy disputes is carried out in two plans, namely based on service culture and based on transformative culture. 2) The counselee's steps at the Labuhan Batu Regency Religious Court in reducing the number of polygamy disputes are carried out in two steps, namely the Educational Step and the Consultative Step. 3) Inhibiting and supporting factors. The supporting factors are because of the facilities and infrastructure, the tools or instrumentals used, the understanding material about the importance of the sakinah family and the evaluation of technical implementation. Meanwhile, the inhibiting factors are the lack of awareness of some people to participate in the sakinah family program, less than optimal empowerment, less than optimal support from P3K, not yet optimal provision of constructive sakinah family development activities through the sakinah family festival.
Legal Protection For Children After Divorce Through The Decision Of The Religious Court Of Medan City (Analysis Of Child Protection Law No. 23 Of 2002) Nur'aini; Khair, Nispul; Harahap, Yadi
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 3 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i3.399

Abstract

This study aims to analyze in depth the protection of children after divorce through the decision of the Medan City Religious Court according to Law No. 23 of 2002. This type of research is a qualitative empirical study with a case study approach, laws and regulations in the KHI and conceptually. The data collection methods used are interviews, observations, and documentation. The subject of the study was the head of the Medan City Religious Court. The results of the study describe that (1) The regulation of legal protection for children after divorce in the Medan City Religious Court is based on seven legal bases as rules in deciding child custody cases in the Medan City Religious Court, (2) The application of the law to child custody after divorce in the Medan City Religious Court is in accordance with Law No. 23 of 2002 concerning child protection even though there are several obstacles and barriers. The solution to overcome all of this is the need for re-socialization of the application of Law No. 23 of 2002, (3) The judge's considerations in deciding child custody after divorce in the Medan City Religious Court are based on the principles of justice, legal certainty and a problematic, social, psychological approach in order to achieve a decision that satisfies both parties.
Marriage Between the Same Clan in Pakpak Simsim Traditions Perspective of Mashlahah Mursalah Padang, Bukti; Tanjung, Dhiauddin; Khair, Nispul
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 8 No 1 (2025): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v8i2.6499

Abstract

This study aims to describe the prohibition of marriage between clans in the Pakpak Simsim custom in the Pakpak Bharat Regency from the Mashlahah Mursaya perspective, including the causes, impacts, and influences. This study aims to: Find out how marriage between clans is in the Pakpak Simsim custom, Find out what the sanctions are for those who carry out marriage between clans in the Pakpak Simsim custom, Find out how the law of marriage between clans is in the Pakpak Simsim custom from the Mashlahah Mursalah perspective. This type of research is empirical juridical, with data collection techniques including document studies, interviews, and observations. Furthermore, the data is processed and analyzed descriptively using several theories as analytical tools such as Mashlahah Mursalah (Public Interest) and legal awareness. with the method, The results of the study provide two answers, namely: first, in the Pak-Pak community, it is very forbidden to have marriages between clans that have been in effect for generations from the ancestors, the prohibition of marriage between clans is because the Pakpak Tribe considers that one clan is a sibling who cannot be married because they are of the same sex or from the same womb. Second, according to some information, the sanctions for those who married within the same clan in the Pakpak tribe were more towards social sanctions such as being considered uncultured and against customs, not being recognized as citizens, being expelled and ostracized from the village, not being recognized as family, not adding siblings in terms of socializing, even in the past, those who married within the same clan were more cruel and sadistic, namely the couple would be killed. Third, even though in the Qur'an or hadith there is no prohibition on marriage within the same clan, there is no prohibition related to marriage within the same clan, but if viewed from the perspective of Mashlahah Mursalah there is one side of consideration that is good for maintaining the custom of prohibiting marriage within the same clan, namely maintaining kinship.
Inheritance Rights of The Youngest Child In The Middle Barumun Indigenous Community From The Perspective of Islamic Law Rahmawati Siregar, Lili; Khair, Nispul; Tanjung, Dhiauddin
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.530

Abstract

This study aims to examine the determination of inheritance for the youngest child in the Central Barumun customary society from the perspective of Islamic law. The customary tradition of Central Barumun has its own rules and customs in the distribution of inheritance which is sometimes different from the provisions of Islamic law. This research uses field research (filed research) with a case study approach, collecting data through interviews with traditional leaders, indigenous people, naposo bulung adat and local religious leaders, then using data collection methods that are reviewed by observation, and related documents. The results showed that in the customary society of Central Barumun adheres to the inheritance distribution system with the descent system by giving automatically given to adult sons, and for the youngest child often gets special treatment in the distribution of inheritance and done by parents during life. If there is any remaining inheritance, it will be distributed after the parents die. Girls will not get the inheritance if it is not given by their brothers. Although in the view of Islamic Law the division carried out by the system cannot be called the division of inheritance, as stated in the Koran as the main guide to inheritance law in Islam which has determined the portion of each heir in accordance with the provisions that have been determined from Allah SWT, with a predetermined size based on the small and large age and has been confirmed by Islamic inheritance law stipulates that every time there is a death, the determination of the share of each heir must be done.
Co-Authors Harahap, Yadi Nur'aini Padang, Bukti Pagar, Pagar Rahmawati Siregar, Lili Siregar, Fikri Bayu Tanjung, Dhiauddin