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ANALISIS WANPRESTASI PADA KONTRAK LANGGANAN JARINGAN TV KABEL DI WILAYAH KOTA BANDA ACEH DALAM PERSPEKTIF AKAD IJĀRAH BI AL-MANFA’AH Khairil Azman; Nasaiy Aziz Aziz
Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Vol 2 No 1 (2021): Jurnal Al-iqtishadiah
Publisher : Program Studi Hukum Ekonomi Syariah Fakultas Syariah dan Hukum UIN Ar-Raniry

TINJAUAN HUKUM KEWARISAN ISLAM TERHADAP PENGHAPUSAN BAGIAN ‘ASHABAH AYAH MELALUI PASAL 177 KHI DAN SURAT EDARAN MAHKAMAH AGUNG NOMOR 2 TAHUN 1994 Nasaiy Aziz
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 12 No. 1 (2018): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v12i1.135

There are three ways fathers inherit property, namely the furudl, ashabahand furudl and ashabah. The first inheritance section is said to be received by thefather of 1/6 of the inheritance if the heir leaves the son or grandson of the son ofthe testator. The inheritance section with the ashabah street the father receives theremaining inheritance after being taken by other furudh heirs if the heir does notleave the child altogether, both male and female as well as grandson of the boyand granddaughter of the boys. While the third way, the father receivesinheritance furudh and ashabah in one time if the heir leaves the daughter, becausethe existence of the father can menghijab all heirs other than children andmothers. The addition of furudh for the father, that is 1/3 of the estate and theabolition of the father's ashabah section if the heir does not leave the child orgrandchild of the boy as defined in the KHI article 177 and the Supreme CourtCircular Letter need to be studied further and analyzed from corner of the Law ofInheritance of Islam.

Sadd Al-Å»ari'ah Review of Iá¹¡bÄt Nikah Sirri at the Syar'iyah Court in Banda Aceh Nasaiy Aziz; Rafidah Rafidah
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 2 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v3i2.3002

Iá¹¡bÄt nikah is a marriage determination in order to obtain authentic evidence and to obtain protection and legal force, especially for wife and children. The Syar'iyah Court has the authority to receive, examine and adjudicate cases between people who are Muslim. One of them is the application for iá¹¡bÄt marriage Number 232/Pdt.P/2022/MS.Bna. However, after being studied and tried, this application was rejected by the panel of judges because it did not meet the requirements for the granting of the marriage iá¹¡bÄt. Therefore, the author wants to know what is the basis for the consideration of the panel of judges at the Banda Aceh Syar'iyah Court in rejecting the application for iá¹¡bÄt nikah from a sirri marriage in case Number 232/Pdt.P/2022/MS.Bna. And what about sadd al-Å¼ari'ah's review of the stipulation and legal basis for the consideration of the panel of judges at the Banda Aceh Syar'iyah Court rejecting the application for iá¹¡bÄt nikah from a sirri marriage in case Number 232/Pdt.P/2022/MS.Bna. In this study the authors used a qualitative research method with a normative juridical approach and used a type of library research (Library Research). The results of this study indicate that the panel of judges rejected the application for iá¹¡bÄt marriage Number 232/Pdt.P/2022/MS.Bna because the marriage guardian of Petitioner II (wife) is not his biological father or a person who has blood relations with Petitioner II, but tengku who was at the Islamic boarding school where they got married and was also not represented by Petitioner II's biological father to said tengku. Iá¹¡bÄt nikah is in accordance with the theory of sadd al-Å¼ari'ah. This is necessary to realize benefit and avoid damage.

Pembatalan Perkawinan Disebabkan Pemalsuan Identitas Nasaiy Aziz; Gamal Achyar; Bela Sari Dewi
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 1 No 1 (2021): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v1i1.1616

Identifikasi Makna Kafa’ah Dalam Perkawinan Nasaiy Aziz; Burmawi Junaidi
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 2 (2022): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i2.1782

Kafa'ah is one of the important things in marriage, this is intended to produce harmony in the household so that it can be nurtured and the creation of a happy and harmonious household. Islam provides guidelines for choosing a partner based on four important criteria, namely religion, wealth, descent, and beauty. The different views were expressed by community leaders in Gampong Lada Village, namely expanding the meaning of kafa'ah in marriage by adding educational, position and job criteria in interpreting the meaning of kafa'ah. The problem in this thesis is how the meaning and criteria of kafa'ah in marriage and how the community leaders of Gampong Lada interpret kafa'ah and its criteria in marriage. The type of research used by the author in compiling this thesis is descriptive qualitative research. The results of this study indicate that the community leaders of Gampong Lada Village are very understanding about the meaning of kafa'ah in marriage, because the community leaders of Gampong Lada are very knowledgeable about religious knowledge. Gampong Lada community leaders interpret kafa'ah as equality, equivalence, and harmony between the prospective groom and the prospective bride when they want to get married. And the community leaders of Gampong Lada are of the view that for now the aspects of property, education, work, and position are very relevant in terms of kafa'ah, but even so, community leaders in Gampong Lada Village, Mutiara Timur District, and Pidie Regency do not rule out the religious aspect of the kafa issue. At this point, the community leaders of Gampong Pepper view that the religious aspect as the most important aspect of the meaning of kafa'ah in marriage.

Sadd Al-Żari'ah Review of Iṡbāt Nikah Sirri at the Syar'iyah Court in Banda Aceh Nasaiy Aziz; Rafidah Rafidah
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 2 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v3i2.3002

Iṡbāt nikah is a marriage determination in order to obtain authentic evidence and to obtain protection and legal force, especially for wife and children. The Syar'iyah Court has the authority to receive, examine and adjudicate cases between people who are Muslim. One of them is the application for iṡbāt marriage Number 232/Pdt.P/2022/MS.Bna. However, after being studied and tried, this application was rejected by the panel of judges because it did not meet the requirements for the granting of the marriage iṡbāt. Therefore, the author wants to know what is the basis for the consideration of the panel of judges at the Banda Aceh Syar'iyah Court in rejecting the application for iṡbāt nikah from a sirri marriage in case Number 232/Pdt.P/2022/MS.Bna. And what about sadd al-żari'ah's review of the stipulation and legal basis for the consideration of the panel of judges at the Banda Aceh Syar'iyah Court rejecting the application for iṡbāt nikah from a sirri marriage in case Number 232/Pdt.P/2022/MS.Bna. In this study the authors used a qualitative research method with a normative juridical approach and used a type of library research (Library Research). The results of this study indicate that the panel of judges rejected the application for iṡbāt marriage Number 232/Pdt.P/2022/MS.Bna because the marriage guardian of Petitioner II (wife) is not his biological father or a person who has blood relations with Petitioner II, but tengku who was at the Islamic boarding school where they got married and was also not represented by Petitioner II's biological father to said tengku. Iṡbāt nikah is in accordance with the theory of sadd al-żari'ah. This is necessary to realize benefit and avoid damage.

Child Marriage in Kabang, South Yala, Thailand: Islamic Family Law Perspective Aziz, Nasaiy; Sholihin, Riadhus; Samoh, Miss Nifatimah
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 2 (2023): El-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i2.8699

This research examines the impact of underage child marriage in Kabang, South Yala Region, Thailand. This is an empirical legal research method analyzed from the Islamic Law perspective. Interviews and document analysis were the methods of data collection used in the study, by which community leaders in Kabang, South Yala Region, Thailand who were involved in the marriage of underage children were interviewed. This research reveals that the factors causing the marriage of underage children in Kabang are: economic, pre-pregnant, educational, and environmental factors. Additionally, the study finds that marriages between minors will inevitably end in divorce, burden parents, and have a detrimental effect on one's health. Consequently, this study recommends that those immediately accountable for this case the village chief, the priest, the parents or guardians, the intellectuals in the community, and the youth—should always take precautions to protect themselves and refrain from marrying when underage. Islamic family law views underage marriage as incompatible with the goal of marriage, which is to establish a sakinah mawaddah wa rahmah (happy) family. Underage marriage has more negative effects than positive ones; it is bad for the individual, the family, and the community, and it can even destroy the nation-state and the entire country.

Polygamy in the Perspective of Tafsīr Al-Aḥkām and Islamic Law: An Examination of the Gayo Luwes Community in Aceh, Indonesia Aziz, Nasaiy; Rispalman, Rispalman; Anggraini, Tika
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): 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.v7i3.20021

The law on marriage, adheres to the principle of monogamy, but in other parts, it is stated that under certain circumstances polygamy is justified. The main problem studied was the practice of polygamy without the permission of wives in Gayo Lues Regency, Aceh. This study employs empirical legal methodologies and applies theoretical frameworks grounded on Islamic law, specifically utilizing the approach of tafsīr al-aḥkām. The collection of data was conducted through the utilization of in-depth interviews and a comprehensive review of relevant literature. The findings of the study revealed significant variations in the occurrence of non-consensual polygamy in Pantan Weather subdistrict, Gayo Regency. Polygamy entails both bad and positive consequences, with the former outweighing the latter in terms of quantity. The adverse consequences encompass spousal inequity, the disregard for the rights of women and children, the proliferation of animosity among spouses, and the erosion of familial bonds. In contrast, the potential benefits of engaging in polygamy primarily revolve around the avoidance of immoral behavior, specifically adultery, and the facilitation of subsequent marriages. By entering into multiple marriages without the explicit consent of one's spouse, an individual may perceive certain advantages, such as the acquisition of desirable outcomes. Conversely, the fear of experiencing negative consequences, such as infidelity, may serve as a motivating factor for individuals to pursue polygamous relationships. Moreover, as posited by scholars of interpretation, both ancient and contemporary, the fundamental principle of marriage in Islamic jurisprudence is monogamy. However, if an individual engages in polygamy, it is imperative to uphold principles of justice, responsibility, and the preservation of familial harmony and tranquility. This study contributes to the understanding that polygamy may be considered as a viable option in exceptional circumstances, but only under the condition that it is practiced with fairness and equity by specific individuals.

Sadd Al-Żari'ah Review of Iṡbāt Nikah Sirri at the Syar'iyah Court in Banda Aceh (Analysis of Determination Number 232/Pdt.P/2022/MS.Bna): Tinjauan Sadd Al-Żari'ah Terhadap Iṡbāt Nikah Sirri Di Mahkmah Syar’iyah Banda Aceh (Analisis Penetapan Nomor 232/Pdt.P/2022/MS.Bna) Aziz, Nasaiy; Rafidah, Rafidah
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 3 No. 2 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v3i2.3002

Iṡbāt nikah is a marriage determination in order to obtain authentic evidence and to obtain protection and legal force, especially for wife and children. The Syar'iyah Court has the authority to receive, examine and adjudicate cases between people who are Muslim. One of them is the application for iṡbāt marriage Number 232/Pdt.P/2022/MS.Bna. However, after being studied and tried, this application was rejected by the panel of judges because it did not meet the requirements for the granting of the marriage iṡbāt. Therefore, the author wants to know what is the basis for the consideration of the panel of judges at the Banda Aceh Syar'iyah Court in rejecting the application for iṡbāt nikah from a sirri marriage in case Number 232/Pdt.P/2022/MS.Bna. And what about sadd al-żari'ah's review of the stipulation and legal basis for the consideration of the panel of judges at the Banda Aceh Syar'iyah Court rejecting the application for iṡbāt nikah from a sirri marriage in case Number 232/Pdt.P/2022/MS.Bna. In this study the authors used a qualitative research method with a normative juridical approach and used a type of library research (Library Research). The results of this study indicate that the panel of judges rejected the application for iṡbāt marriage Number 232/Pdt.P/2022/MS.Bna because the marriage guardian of Petitioner II (wife) is not his biological father or a person who has blood relations with Petitioner II, but tengku who was at the Islamic boarding school where they got married and was also not represented by Petitioner II's biological father to said tengku. Iṡbāt nikah is in accordance with the theory of sadd al-żari'ah. This is necessary to realize benefit and avoid damage.

Identifying the Meaning of Kafa'ah in Marriage (Analysis of the Views of Community Leaders of Gampong Lada, Mutiara Timur Subdistrict, Pidie Regency): Identifikasi Makna Kafa’ah Dalam Perkawinan (Analisis Pandangan Tokoh Masyarakat Gampong Lada Kecamatan Mutiara Timur Kabupaten Pidie) Aziz, Nasaiy; Burmawi, Burmawi
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 2 No. 2 (2022): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i2.1782

Kafa'ah is one of the important things in marriage, this is intended to produce harmony in the household so that it can be nurtured and the creation of a happy and harmonious household. Islam provides guidelines for choosing a partner based on four important criteria, namely religion, wealth, descent, and beauty. The different views were expressed by community leaders in Gampong Lada Village, namely expanding the meaning of kafa'ah in marriage by adding educational, position and job criteria in interpreting the meaning of kafa'ah. The problem in this thesis is how the meaning and criteria of kafa'ah in marriage and how the community leaders of Gampong Lada interpret kafa'ah and its criteria in marriage. The type of research used by the author in compiling this thesis is descriptive qualitative research. The results of this study indicate that the community leaders of Gampong Lada Village are very understanding about the meaning of kafa'ah in marriage, because the community leaders of Gampong Lada are very knowledgeable about religious knowledge. Gampong Lada community leaders interpret kafa'ah as equality, equivalence, and harmony between the prospective groom and the prospective bride when they want to get married. And the community leaders of Gampong Lada are of the view that for now the aspects of property, education, work, and position are very relevant in terms of kafa'ah, but even so, community leaders in Gampong Lada Village, Mutiara Timur District, and Pidie Regency do not rule out the religious aspect of the kafa issue. At this point, the community leaders of Gampong Pepper view that the religious aspect as the most important aspect of the meaning of kafa'ah in marriage.

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