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Ila Nurmila
Institut Agama Islam Darussalam (IAID) Ciamis, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Hukum Hibah ‘Umra menurut Imam Malik dan Kitab Undang-Undang Hukum Perdata Pasal 1666 Ipah Saripah; Ila Nurmila
Istinbath | Jurnal Penelitian Hukum Islam Vol 14 No 2 (2019): Istinbath, November 2019
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v14i2.480

Abstract

In the Shari'at Islam has taught its people to help each other in terms of virtue. The attitude of giving is a good deed, because helping can alleviate the economic pain of that person or another. With an attitude of giving or receiving someone's gift, a sense of unity and brotherhood will be created within the framework of religious harmony. This is manifested by the practice of a gift that helps someone who is in distress and gets the benefits of the item that has been donated. In this case the grant is ownership of the goods that have been granted (control of the goods) and can take advantage of the goods. The problem is whether or not it is permissible to withdraw an 'umra grant that has been given to someone, so that it will cause enmity and break the ties between them. Then how is the 'umra grant law' according to the Ulama, Imam Malik, and in the Civil Code Article 1666. It is used as a study by the author to carry out research and find out the purpose of the research. This study uses qualitative methods that produce descriptive data in the form of written or spoken words from people or observed behavior and this type of qualitative descriptive research uses a content analysis approach. The results of this research can be concluded as follows: general understanding of 'umra' that the return of 'umra after the person who is given dies is vanity. Therefore, with regard to the issue of 'umra, there will be permanent ownership for the person who is given' umra. Imam Malik is of the opinion that the 'umra grant is still valid, and the property returns to the owner of the property, but if the requirements are stated in the name of the offspring, then after the offspring is cut off the property will return to the owner of the property. The opinion of Imam Malik regarding the ability to do the'umra grant is based on the aspect of its benefits only and is qiyasyed like ariyah. And the most important thing in this case is the element of the benefits of the gift items and the first contract at the time of handing over the grant whether to mention for you and your children and grandchildren not What is needed is a witness so as not to cause fraud, to minimize any suspicions and disputes in the future. Based on Article 1666, in principle, a grant given by one person to another cannot be withdrawn or canceled, except in cases as regulated in Article 1688 of the Civil Law..
DISPENSASI NIKAH DALAM UNDANG-UNDANG NOMOR 1 TAHUN 1974 DAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 Reni Nuraeni; Mustopa Kamal; Ila Nurmila
Istinbath | Jurnal Penelitian Hukum Islam Vol 13 No 2 (2018): Istinbath, November 2018
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In Law No. 1 of 1974 concerning Marriage, there is a regulation regarding the age of marriage, namely Article 7 Paragraph 1 which states that marriage is permitted if the man has reached the age of 19 years and the woman is 16 years. However, in other articles there are exceptions, namely being allowed to marry under the stipulated age provided there is parental consent and dispensation from the court as stipulated in article 7 Paragraph 2. However, on the other hand, Law No. 35 of 2014 concerning Child Protection provides regulations by requiring parents to prevent marriage at the age of children as stated in Article 26 Paragraph 1 letter c. Every child who is not yet 18 years old must receive protection for their rights and welfare. Therefore, dispensation in a marriage is a phenomenon that must receive serious attention, because this will have an impact on the achievement of the goal of marriage, namely the realization of the sakinah mawaddah warahmah family. This study uses a descriptive analysis method with a normative juridical approach, namely a statute approach, with a research starting point for analysis of statutory regulations. While the data collection technique used is library research (library research) by utilizing various libraries that are relevant to the social phenomena under study. This research resulted in the following conclusions: 1) Marriage dispensation in Law No.1 of 1974 concerning Marriage is contained in Article 7 Paragraph 2, namely in case of deviations from paragraph 1 of this article, dispensation may be requested from the Court or other official appointed by the two parents; 2) One of the child protections in Law no. 35/2014 concerning Child Protection as stated in Article 26 Paragraph 1 letter c, namely that parents are obliged and responsible to prevent marriage at the age of children with the aim of realizing children's welfare through child protection; 3) The two regulations are contradictory, even though the two laws were made by the same legal entity, namely the DPR. This means that there must be a synchronization of the regulations of the two regulations that apply in Indonesia, considering that children are an important and main asset for the survival of life.
Co-Authors Ipah Saripah Mustopa Kamal Reni Nuraeni