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The Existance of National Sharia Arbitration Agency in The Settlement of Sharia-law Banking Dispute In Rejang Lebong District Harianto Wijaya; Laras Shesa
AL-FALAH : Journal of Islamic Economics Vol 6, No 2 (2021)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/alfalah.v6i2.3519

Abstract

Purpose: The purpose of the study was to figure out how the existence of the national sharia arbitration body was in the settlement of sharia banking disputes in Rejang Lebong district. With the writhing of sharia-based economies, it certainly does not seal the possibility of a problem arising from it. In terms of matters resolved without need to to the realm of the court whether it has gone through a national sharia arbitration body or not yet.Design/Method/Approach: In the drafting of this article the author uses a qualitative approach. To search for data in this study constituents used interview methods with specific respondents. Analyzed it with deductive techniques. So that it could be narrated the results of those findings.Findings: The findings in this study turned out that the existence of national sharia arbitration agencies was still minimal, this being because of some of the first minimal financial or business institutions that used sharia foundations as a foundation in transacting. Second, still the lack of community understanding of the existence of national sharia arbitration institutions. For the problem settled ligitally only, many did not yet know it should be settled in the Court of Religion. Many societies who assume such things will be settled in ordinary public courts. Third, based on the recognition of bank leaders using the principle of sharia transactions, there was indeed no dispute at the bank yet.Originality/Values: The conclusion that can be drawn from research findings is the absence of existence from national arbitration agencies within the economic problems of the community of Rejang Lebong County
Sistem Waris Penduduk Pribumi Mandala Desa Campursari Kecamatan Megang Sakti Kabupaten Musi Rawas Perfektif Hukum Islam di Indonesia Laras Shesa; Busra Febriyarni
FOKUS Jurnal Kajian Keislaman dan Kemasyarakatan Vol 6, No 1 (2021)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1145.094 KB) | DOI: 10.29240/jf.v6i1.2624

Abstract

The purpose of the study was to figure out how the inheritance system differences of the indigenous mandala population with islamic law. Indigenous residents are natives who settled in Mandala designation of the Megang Sakti Campusari Village area of Musi Rawas County South Sumatra Province. This research is field research or field research. In reviewing primary data obtained from author interviews using a qualitative approach. From the research done then the authors get the results of the study that the inheritance system of the Indigenous Mandala population is incompatible with the syarat’ and the Compilation of Islamic Law (KHI). It is due to Islamic law and KHI article 174. Kinship due to the nasab is not only the descendant of the lower heir, but rather there are from the ancestors of the upward heir like father or grandfather and sideways like siblings and a father of heir. The part of the boy's inheritance when heirs with daughters is twice the part of girls, meaning the part of girls half of the part of boys. It is set in articles 176 to 182 KHI. In article 209 KHI the adopted child section is restricted to a maximum of one-third of the inheritance property through mandatory wills
Keterjaminan Perkembangan Psikis Anak Usia Dini Korban Perceraian Ditinjau Dari Aturan Hukum Positif Laras Shesa
Zuriah : Jurnal Pendidikan Anak Usia Dini Vol 2, No 1 (2021)
Publisher : Insititut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/zuriah.v2i1.2636

Abstract

The purpose of the study is to find out whether in positive legal rules such as child protection laws and child welfare discuss about psychic developments that are part of the child's spiritual survival guarantee. If there is any whether it has become a guarantee for the smooth development of early childhood psychically is not just in material fulfillment. This study is a study that uses qualitative methods that refer to earlier sources of libraries and researches that support library data. With the normative description approach of positf hocumes relating to child rights and obligations. The results of the study showed that in the rule of the positive Law in Indonesia still only generally redaction of the guaranteed needs of child psychic development. What’s more, regarding the child who was a victim of divorce, but at least in article 156 The Islamic Law Compilation of point C could already be a solution in the event of a problem. So that the guarantee of child psychic survival cannot yet be normatively measured even more so in its application. So far what is seen in the positive hokum rules is simply a guarantee for the fulfillment of the living of material for the child.
Traditional Impacities in The Frame of Worship: A Study of Fidyah Semyang Ritual in Suka Datang Village, North Curup Sub-District Laras Shesa; Agus Riyan Oktori; Isnaini isnaini
AJIS: Academic Journal of Islamic Studies Vol 7, No 1 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/ajis.v7i1.3443

Abstract

The tradition of paying fidyah with gold for people who have passed away in Suka Datang Village, Curup Utara District, Rejang Lebong Regency, or what the people there call Fidyah Semyang, is the subject of discussion for this study. The purpose of this study is to deeply examine the implementation and mechanisms of the performance of the payment of fidyah and to investigate the views of Islamic law on the practice of fidyah that applies in society. This research is a type of Field Research with a qualitative approach using phenomenology, ethnography, and a case study. The data sources in the study are divided into two types: field data as primary and library data as secondary data sources. From the implementation of the tradition of Fidyah Semyang, there was some equipment to carry out ritual activities in the form of gold, money, and fragrance. Therefore, from the side of Islamic law, the practice is obligatory if there is a will from the deceased, but if the dead does not make a will, then the law is sunnah. If it is viewed from the theory of ‘Urf, the tradition of Fidyah semyang is included in the realm of Al-‘urf Al-Fasid (broken rule). Then, if it is viewed from the practical point of view, the recipients of fidyah should also be poor and needy to be replaced by religious scholars who can be said to be adequate
Keterjaminan Kedudukan Dzaul Arham Dalam Kewarisan Islam Melalui Wasiat Wajibah Laras Shesa
AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 December (2018)
Publisher : Al-Istinbath: Jurnal Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (356.891 KB) | DOI: 10.29240/jhi.v3i2.615

Abstract

Dzaul Arham mentioned his part in the discussion of the obligatory will. Mandatory wills are different from ordinary testaments. Although the boundaries of the section are the same, they cannot be one third. But regarding its position there are still differences of opinion. And according to the author although with the existence of differences of opinion that little or no part of dzaul arham was taken into account. In this journal the author uses substantive qualitative research methods, with the research type library research. The primary data comes from the literature. With the method of deductive analysis, something universal leads to a specific direction. The position of dzaul arham is indeed not written in the Koran but its position has become the ijma of the ulamas still being calculated with several conditions including no furudh ashhabul. Second, there is no ashabah. And finally, if furudh ashhabul only consists of a husband or wife, then he will receive his inheritance fardh, and the rest will be given to dzawul arham. Through the obligatory dzaul arham testament as though the parts are taken into account. And the completion of the obligatory will that the writer recommends is a settlement from Hasbi Ash-Shiddiqi, namely by determining the part of each heir including the recipient of the obligatory will, replacing the position of his deceased parents according to the level of his acceptance. Providing the recipient of the mandatory will for the portion that should have been received by his parents a maximum of one third of the portion. Giving excess balance after taking the mandatory test taker to the heirs according to the level of their respective parts. So that this way the dzawul arham part is still very calculated, or its position can be guaranteed.
Ritual Syncretism and Legal Validity: A Jurisprudential Analysis of the Fidyah Semyang Tradition in Bengkulu Elkhairati Elkhairati; Laras Shesa; Yusefri Yusefri
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 2 (2025): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i2.8252

Abstract

This study explores the practice of Fidyah Semyang, which is a local tradition of the people of Suka Datang Village, North Curup, Bengkulu which is carried out as a form of redemption for the obligation to pray from someone who has died. Fidyah is given in the form of gold, money, and fragrances through rituals full of spiritual symbolism. This study aims to understand how this tradition is practiced, as well as how it is positioned within the framework of normative Islamic law which generally does not allow the delegation of bodily worship such as prayer to others, either in the form of qadha or Fidyah. The method used is qualitative-descriptive with an ethnographic approach and case studies, through in-depth interviews, participatory observations, and literature review of contemporary Islamic jurisprudence and jurisprudence. The results of the study show that Fidyah Semyang is a form of religious syncretism that develops from the interaction between Islamic teachings and local customary value structures. Although the practice has a strong social and spiritual function, it faces challenges from Islamic scholars and legal thinkers who consider the tradition to be a form of ‘urf fāsid (corrupt customs), as it lacks a solid basis in nash shari'i and can distort the correct understanding of worship in Islam. In conclusion, Fidyah Semyang reflects on the dynamics between cultural religious expression and normative Islamic authority, and shows how local Muslim communities negotiate their religious identities within the framework of ancestral heritage customs and traditions
Criticism of Taklik Talak as an Effort to Protect Women in Marriage Law in Indonesia Harry Yuniardi; Laras Shesa; Hamza Abed Alkarim Hammad
Madania: Jurnal Kajian Keislaman Vol 28, No 2 (2024): DECEMBER
Publisher : Universitas Islam Negeri (UIN) Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/madania.v28i2.5924

Abstract

This study aims to analyze and critique the taklik talak statement, which is considered an effort to protect women's rights within positive law in Indonesia. The central question of this critique is whether a reform of Islamic family law is necessary as an effort to unify marriage law, elevate the status of women in marital relations, and respond to the consequences of societal developments. This research is descriptive in nature, as the data collected consists of texts, words, or descriptions derived from literature and library studies. It analyzes legal regulations related to the empowerment and protection of women's rights. The findings of the study suggest that if taklik talak is to be maintained as a manifestation of protection for women, its wording should be revised to more clearly reflect its support for women. The wife, as the victim, should not only be able to free herself from the bond of her husband, who has violated the taklik talak, but should also be entitled to compensation. Legal reform related to taklik talak in Indonesia is urgently needed. A commitment from various stakeholders, including the government, non-governmental organizations, and the general public, is required to address existing challenges. It is hoped that this will lead to the creation of a more just legal system that protects women's rights. Penelitian ini bertujuan untuk menganalisa dan mengkritisi kalimat taklik talak yang dinilai sebagai upaya perlindungan perempuan dalam hukum positif di Indonesia. Pertanyaan yang menjadi bahasan utama dari kritis tersebut adalah apakah diperlukan pembaruan hukum keluarga Islam sebagai upaya untuk melakukan unifikasi hukum perkawinan, meningkatkan status perempuan dalam relasi rumah tangga, bahkan sebagai respon terhadap ekses dari perkembangan zaman. Penelitian ini bersifat deskriptif karena data yang di himpun berbentuk teks, kata atau penggambaran yang berasal dari kajian kepustakaan dan literature. Dengan menganalisis regulasi perundang-undangan, yang terkait dengan hak pemberdayaan dan perlindungan perempuan. Hasil penelitian mengemukakan bahwa, jika memang taklik talak akan dipertahankan sebagai pengejwantahan perlindungan terhadap perempuan, maka redaksi taklik talak sudah seharusnya direvisi agar benar-benar nampak keberpihakannya kepada perempuan. Isteri sebagai korban, selain bisa lepas dari ikatan suaminya sebagai pelaku pelanggaran taklik talak, seharusnya juga harus mendapatkan kompensasi. Reformasi hukum terkait taklik talak di Indonesia sangat diperlukan. Dibutuhkan komitmen dari berbagai pihak, baik pemerintah, lembaga swadaya masyarakat, maupun masyarakat luas, untuk mengatasi berbagai kendala yang ada. Dengan demikian, diharapkan dapat tercipta sistem hukum yang lebih adil dan melindungi hak-hak perempuan.