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All Journal Hunafa: Jurnal Studia Islamika Al-Ahkam Nurani: Jurnal Kajian Syariah dan Masyarakat FOKUS: Jurnal Kajian Keislaman dan Kemasyarakatan Jurnal Ilmiah Al-Syir'ah Humani (Hukum dan Masyarakat Madani) JURIS (Jurnal Ilmiah Syariah) Al-Maslahah Turast: Jurnal Penelitian dan Pengabdian Ijtihad JURNAL HUKUM MEDIA JUSTITIA NUSANTARA Jurnal AL-AHKAM Jurnal Kajian dan Pengembangan Umat Zaaken: Journal of Civil and Business Law Al-Adyan: Journal of Religious Studies Al Mashaadir : Jurnal Ilmu Syariah Hunafa: Jurnal Studia Islamika Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Kawanua International Journal of Multicultural Studies JURIS (Jurnal Ilmiah Syariah) Mazahib: Jurnal Pemikiran Hukum Islam Al-Istinbath: Jurnal Hukum Islam Al Ushuliy
Elfia Elfia
Universitas Islam Negeri Imam Bonjol Padang
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Efforts to Resolve Waqf Disputes at the Payakumbuh Religious Court Case Number: 159/Pdt.G/2019/PA.Pyk Mahfuzh, Hafizul; Zulfan, Zulfan; Elfia, Elfia
Al Mashaadir : Jurnal Ilmu Syariah Vol. 6 No. 1 (2025)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v6i1.209

Abstract

This study discusses the process of resolving a waqf dispute at the Payakumbuh Religious Court in case No. 159/Pdt.G/2019/PA.Pyk, which did not reach an agreement during the mediation stage, resulting in the lawsuit being granted. Mediation, as an important part of dispute resolution in court, aims to resolve disputes and reach a peaceful agreement between the parties. This study uses a normative legal research method. The data used in this study are secondary data, namely the decision in Case No. 159/Pdt.G/2019/PA.Pyk and legislation on waqf. To support the research, the legal materials used in this study are books, journals, and other reference sources. The data analysis used is qualitative legal analysis. The resolution of waqf disputes through mediation has legal implications for the parties, enabling them to obtain a swift decision, incur lower costs, avoid further legal proceedings, and have a decision that accommodates the interests of all parties and ensures they receive their rights fairly.
Diversion of Nazhir Waqf; Analysis of BWI Regulation No. 1 of 2020 Amin, Ibnu; Firdaus, Firdaus; Elfia, Elfia; Lendrawati, Lendrawati
FOKUS Jurnal Kajian Keislaman dan Kemasyarakatan Vol. 9 No. 1 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jf.v9i1.8940

Abstract

Diversion of Waqf Nazhir Analysis of the BWI No. 1 of 2020 concerning Guidelines for Waqf Property Management, this study aims to elaborate on waqf, dismissal and replacement of waqf nazhirs. This research uses library research presented descriptively with a normative legal approach. Data collected using literature on waqf fiqh and waqf legislation in Indonesia. This study shows that referring to the history of waqf which is used as the basis of waqf, namely the act of Umar bin Khattab endowment of land in Khaibar that Umar was ordered by the Messenger of Allah to withhold the principal and alms the proceeds. So the definition of waqf is the legal act of a person or group of people or legal entity (wakif) that separates part of his property and institutionalizes it forever for the benefit of worship or other public affairs in accordance with Islamic teachings. Nazhir plays a role in managing and utilizing waqf assets to be productive, nazhir is required to have scientific competence of amaliah, scientific shari'iyah and da'wiyah. Nazhir was given guidance and can also be dismissed by BWI if he does not carry out his duties and/or violates the prohibitions stipulated by laws and regulations
Keadilan di Balik Jeruji Kekerasan: Dinamika Putusan Pengadilan dalam Kasus Perceraian Akibat KDRT Elsa Elvionita, Elsa Elvionita; Zulfan, Zulfan; Elfia, Elfia
Jurnal Media Justitia Nusantara Vol 14 No 2 (2024): September 2024
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30999/mjn.v14i2.3345

Abstract

This research was conducted to examine divorce cases caused by domestic violence and how the courts resolve domestic violence disputes. Uncontrolled anger can trigger violence, including in the context of Domestic Violence (KDRT). This research uses normative juridical methods to explore the role of the court in resolving marital disputes resulting from domestic violence, including legal, psychological and social aspects. Law Number 23 of 2004 concerning the Elimination of Domestic Violence provides a legal framework to protect victims from various forms of domestic violence, such as physical, psychological, sexual violence and neglect. Courts are expected to function not only as places for resolving disputes, but also as institutions that provide justice and protection for victims and play a role in preventing domestic violence in the future. Therefore, the author is interested in studying this issue to understand the role of the courts in handling domestic violence cases and ensuring more effective protection for victims
Kontribusi Mediator Nonhakim dalam Penyelesaian Konflik Rumah Tangga Darmawan, Aldy Darmawan; Elfia, Elfia; Zulfan, Zulfan
Al-Qisthu Vol 21 No 2 (2023): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32694/qst.v21i2.2970

Abstract

The success rate of mediation conducted by non-judge mediators at the Class 1A Religious Court in Padang is higher than that of mediation conducted by judges. In 2022, out of 54 cases successfully mediated, 17 were mediated by judges, while 37 were mediated by non-judge mediators. This article aims to explain how non-judge mediators contribute to case mediation. Using interview techniques and document studies, this research reveals that the presence of non-judge mediators has provided an alternative mediation model in the Religious Court amidst the generally low national success rate of mediation in religious courts. As a result, the success rate of mediation has continuously increased year by year at the Class 1A Religious Court in Padang, with the highest success rate among non-judge mediators. During the mediation process, non-judge mediators focus more on providing advice and counsel on psychological aspects rather than rational aspects, allowing the reasons for divorce presented in the parties' petitions to be considered with feelings and conscience rather than purely rational thoughts that tend to push them towards divorce.
The Struggle of Custom and Sharia: Classic Dilemma of Inheritance Settlement in Javanese and Minangkabau Ethnic Communities in Indonesia Elfia, Elfia; Surwati, Surwati; Bakhtiar, Bakhtiar
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.5480

Abstract

This research aims at determining the reasons and causes for dividing inheritance before the death of the testator, as well as the implications of this inheritance division pattern on the heirs. The disagreement between custom (also known as adat) and Sharia creates an issue in the division of inheritance in Sungai Duo Village, South Solok Regency, Indonesia. In its principle, inheritance is divided after the testator dies. However, in Sungai Duo Village it applies differently, where inheritance is distributed before the testator passed away. This is empirical legal research using a qualitative legal approach, which was investigated through the Islamic inheritance law's perspectives. The data included primary data, which were obtained from interviews, and secondary data generated from document studies. Data were analyzed through several stages, including data reduction, data display, and verification. Based on the research findings, the reasons for dividing inheritance before the testator dies are: first, to avoid disputes between the heirs; second, lack of knowledge of the heirs concerning the Islamic inheritance system, resulting in inheritance division contradicts the provisions of Sharia; third, inheritance division pattern applied in society is dominated by customs that have been passed down for generations, and fourth, the diverse community of Minangkabau and Javanese ethnicity causes their inheritance division pattern to reflect their regional customs. The implication of this inheritance division pattern to the heirs is that there is peace for the heirs in terms of inheritance responsibility because they consider the heirs to have had the maturity and ability to manage the assets of their parents who are no longer able to manage these assets. So that it can improve their children's economies or serve as a support for those who are married. These findings also prove the existence of legal duality, namely Islamic inheritance law and customary inheritance law. However, it appears that customary inheritance law is more prevalent than Islamic inheritance law.
Co-Authors 'Afifa Zulkifli, Rizka . Zulfan Amin, Ibnu Arham, Akbaru Wustho Asasriwarni Asasriwarni Ashabul Fadhli Bahar, Muchlis Bakhtiar Bakhtiar Darmawan, Aldy Darmawan, Aldy Darmawan Efrinaldi Efrinaldi Elimartati Elimartati Elsa Elvionita, Elsa Elvionita Elvina Rahmi Fadhilah, Defi Rahmi Fajri, Yan Firdaus Firdaus Firdaus, Yelmi Eri Hafzi, Ahmad Hamda Sulfinadia Henrik, Hendrik Ilda Hayati, Ilda Izzati, Nurul Jannah, Fitri Miftahul Lendrawati Lendrawati, Lendrawati Mahfuzh, Hafizul Mawaddah, Arini Alfa Meirison Meirison Meirison Meirison, Meirison Merison Merison Merison, Merison Mohd Syahrial Muhammad Hizbi Islami Muhammadi, Qasim Nelli, Fitra Nur, Ridho Qasim Muhammadi Rahmi, Elvina Ridho Nur Rosa Marlina Salma Salma Sobhan Sobhan Suar, Abi Surwati, Surwati Syauqi, Fadhil Muhammad Wati, Salma Zainal Azwar Zulkifli Zulkifli