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All Journal PALITA: Journal of Social - Religion Research Al-Amwal : Journal of Islamic Economic Law
Hamzah K
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Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PENEGAKAN HUKUM TERHADAP PRINSIP PERSAMAAN KEDUDUKAN DI HADAPAN HUKUM (PERSFEKTIF HUKUM ISLAM) Hamzah K; Hamsah Hasan; Amirullah Amirullah
Al-Amwal : Journal of Islamic Economic Law Vol 4, No 2 (2019): AL-AMWAL : JOURNAL OF ISLAMIC ECONOMIC LAW
Publisher : Hukum Ekonomi Syariah, Fakultas Syariah, IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/alw.v4i2.1812

Abstract

The research objective was to determine the principle of equality before the law, to see the principle of equality before the law in the perspective of Islamic law. This type of research is literature research, then this research uses a qualitative approach. The data technique in this research is to collect written works in the form of books and so on, then read and record the materials needed to obtain information related to the discussion. The data management steps taken were analysis and descriptive. The results of the research show that equality before the law or as equality before the law is a very important principle in law enforcement. Equality before the law is a means that must be lived and implemented to decide problems, especially in criminal law, so that discrimination does not occur. At the time of the Prophet Muhammad saw that equality before the law in Islam was applied by the existence of the Madina Charter, one of the principles in which a person must act fairly without differentiating between ordinary people and elite society.
Analisis Hukum Islam terhadap Putusan Hakim tentang Perceraian Campur Tangan Orang Tua di Pengadilan Agama Belopa Irawan, Muhammad Rafly Irawan; Hamzah K; Anita Marwing; Asni Zubair
Palita: Journal of Social Religion Research Vol. 10 No. 1 (2025): Palita : Journal of Social Religion Research
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/pal.v10i1.5201

Abstract

The aim of this research is to analyze using Islamic law the judge's decision regarding parental intervention in divorce at the Belopa Religious Court. The rise of divorce is because a third person who interferes in the marriage turns out to not only be an affair of one of the partners but it turns out that parents can also be that third party. by Where the party should be the first mediator in resolving household cases. The method used is qualitative with primary and secondary data sources. Data collection techniques include documentation, interviews and observation. The results of the research found that there were of the 436 cases there were several cases divorce in the Belopa Religious Court which were caused by parental interference. The judge's decision on a divorce case is made using the standard of Marriage Law Number 1 of 1974 as amended by Law Number 16 of 2019. And looking at the advantages and disadvantages, if the aspects to be united but there are more disadvantages then the judge decides to carry out a divorce, because don't let something that has a bigger impact emerge if they are put back together. On the other hand, if the benefit is greater then the judge will carry out mediation first and not decide whether there will be a divorce. Keywords: Parental Interference, Divorce, Judge's Decision
Analisis Hukum Islam terhadap Putusan Hakim tentang Perceraian Campur Tangan Orang Tua di Pengadilan Agama Belopa Irawan, Muhammad Rafly Irawan; Hamzah K; Anita Marwing; Asni Zubair
Palita: Journal of Social Religion Research Vol. 10 No. 1 (2025): Palita : Journal of Social Religion Research
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/pal.v10i1.5201

Abstract

The aim of this research is to analyze using Islamic law the judge's decision regarding parental intervention in divorce at the Belopa Religious Court. The rise of divorce is because a third person who interferes in the marriage turns out to not only be an affair of one of the partners but it turns out that parents can also be that third party. by Where the party should be the first mediator in resolving household cases. The method used is qualitative with primary and secondary data sources. Data collection techniques include documentation, interviews and observation. The results of the research found that there were of the 436 cases there were several cases divorce in the Belopa Religious Court which were caused by parental interference. The judge's decision on a divorce case is made using the standard of Marriage Law Number 1 of 1974 as amended by Law Number 16 of 2019. And looking at the advantages and disadvantages, if the aspects to be united but there are more disadvantages then the judge decides to carry out a divorce, because don't let something that has a bigger impact emerge if they are put back together. On the other hand, if the benefit is greater then the judge will carry out mediation first and not decide whether there will be a divorce. Keywords: Parental Interference, Divorce, Judge's Decision
Co-Authors Amirullah Amirullah Anita Marwing asni zubair Hamsah Hasan Irawan, Muhammad Rafly Irawan