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Pertimbangan Hakim Dalam Menetapkan Itsbat Nikah di PA Bekasi (Studi Analisis Nomor 010/Pdt.P/2018/PA.Bks). Afifuddin -; Yoyo Hambali
MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) Vol 11 No 2 (2020): Maslahah : Jurnal Hukum Islam dan Perbankan Syariah
Publisher : Program Studi Ahwal al-Syakhshiyyah dan Perbankan Syariah Fakultas Agama Islam Universitas Islam "45" Bekasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/maslahah.v11i2.2619

This study describes the procedure for requesting a marriage determination at the Bekasi ReligiousCourt, as well as analyzing judges’ considerations in deciding a marriage determination case. Thisresearch is a field research, using descriptive methods. To find the results of this study, the researcherstook several steps, namely data collection, data processing, data analysis, and drawing conclusions.From the results of this study it can be concluded that the judges considerations refer to, 1) LawNumber 1 Year 1974 Article 2. 2) Government Regulation Number 9 Year 1975. 3) Articles 14 and7 paragraph 3 letter E Compilation of Islamic Law. 4) the book “I’anatut Tholibin volume 10, page254. In addition, the Judge is also flexible in seeing other factors for the benefit and legal certaintyof the petitioners. The procedure for requesting a marriage determination at the Bekasi ReligiousCourt is the same as the procedure for filing other cases, which are registered at the Religious Court.What distinguishes only the Application Conditions. Meanwhile, the results of the case of marriagedetermination that have been signed (with permanent legal force) can be used as evidence for theparties to register and register their marriage with the Marriage Registration Officer (PPN), at theOffice of Religious Affairs where the husband and wife live.

Tradisi Uang Pelangkah Pernikahan Dalam Adat Betawi di Tinjau Dari Hukum Islam di Kecamatan Babelan Kabupaten Bekasi Indra Wijaya Kusuma; Yoyo Hambali
MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) Vol 10 No 2 (2019): Maslahah : Jurnal Hukum Islam dan Perbankan Syariah
Publisher : Program Studi Ahwal al-Syakhshiyyah dan Perbankan Syariah Fakultas Agama Islam Universitas Islam "45" Bekasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/maslahah.v10i2.2751

Marriage is a physical and mental bond between a man and a woman as husband and wifewith the aim of forming a happy and eternal family or household based on the Supreme Lordship.In the custom of marriage in the people of Babelan District, Bekasi Regency, there is a customthat if someone wants to get married but there is an older brother who is not married, then thatperson must wait for his brother to marry first or can marry before his brother on condition that theperson who wants to step over his brother must give something in the form of money or goods to herbrother. According to traditional leaders, the stepper is required to maintain a good relationship withhis brother. However, if the stepper was burdensome or prevented his younger sibling from gettingmarried, the traditional leader revealed that this was not justified because the stepper could not beasked for a certain nominal value or certain items, only the awareness of his younger sibling. Inline with the opinion of traditional leaders, clerical figures reveal that stepping may be applied onthe basis of the rules of العادة مُحَكَّمة , but this is not a necessity.. Primary data sources were obtainedfrom interviews and secondary data sources were obtained from books, magazines, journals, etc.The type of research used in this research is the type of field research (Field Research). The researchapproach carried out by the author uses descriptive qualitative. Data collection is done by theauthor to get and understand the picture and the existing reality, the writer uses data collectiontechniques by interview, observation and documents. From the data that has been collected, then thewriter analyzes using descriptive method. Based on the research data, the authors conclude that thetradition of stepping marriage money can be preserved because the tradition of stepping marriagemoney is not only a symbol of national identity, but also as a form of respect for older siblings whowill be stepped over and as a guardian of good family relations. Although it must be preserved, theremust be filtering and adjustments to fiqh so that there is no conflict between adat and fiqh. Some ofthe problems with stepping customs that must be filtered and adapted to fiqh include the prohibitionof marriage from older siblings to younger siblings who wish to marry. Barring his younger siblingfrom marrying is not justified in custom and in fiqh it can be forbidden because it can cause a lotof harm. In addition, things that are burdensome and troublesome for a person to get married mustalso be eliminated. The brother who is going to be stepped over must be able to accept whatever theyounger siblings give as a permit application to marry. Should not impose the ability of the youngersibling and must not burden the request of the younger sibling.

Tinjauan Hukum Islam Terhadap Penerapan Hukum Waris Adat Di Desa Margajaya Kecamatan Lemahsugih Kabupaten Majalengka Devi Nurmilasari; Yoyo Hambali
MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) Vol 11 No 1 (2020): Maslahah : Jurnal Hukum Islam dan Perbankan Syariah
Publisher : Program Studi Ahwal al-Syakhshiyyah dan Perbankan Syariah Fakultas Agama Islam Universitas Islam "45" Bekasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/maslahah.v11i1.2757

The application of inheritance law in the indigenous people of Margajaya, Lemahsugih Subdistrict,Majalengka Regency, which basically still adheres to the customs and traditions that they follow fromtheir ancestors. The inheritance system used in Margajaya customary inheritance uses the Parentalsystem, in which the father and mother are equally strong, in terms of distribution and application ofinheritance to the Margajaya customarycommunity. This type of research is Field Research, and themethod uses the Mix Methods method. Namely a research method by combining qualitative researchmethods with quantitative research in a research activity, so that more comprehensive, valid, reliableand objective data will be obtained. The data used in this study are primary data obtained frominterviews and documentation while secondary data is obtained from Liberal Research. The samplestaken in this study were the followers of Packu, Akur and Segendong Sepikul, while for the populationthey were more inclined towards the customary tradition, namely Akur. In data collection techniques,researchers used interview data, observation and documentation. And for the Data Analysis Techniquein its stages, observation, editing, classification, re-verification, analysis and drawing conclusions.The results of the study found that indigenous wans in Margajaya village are using parental customarylaw which is only focused on children and adopted children. The share of the heir’s parents only as agift for his parents, is not included in the wansan. The distribution of the wansan property was oftenpostponed by reason of using the children until they got married. The factor behind the occurrenceof this interview is the lack of knowledge of Islamic legal rights. The implementation of the law thatoccurs in Margajaya village, when viewed from Islamic law, is basically not in accordance withIslamic law. Things like this are considered normal and common in Margajaya society because it is atradition from generation to generation and their ancestors. The custom that is used by the communityin the distribution of inheritance cannot be used as a legal benchmark because it is against Nash, eventhough the purpose of an inheritance is carried out in accordance with Maqasıd Al Syan ah, namelyjustice, it is still not acceptable to Islam

KONSEP NUSYUZ MENURUT SYEKH NAWAWI AL-BANTANI DAN MUHAMMAD SYAHRUR Fajar Mukti Amirullah; Yoyo Hambali; Baiduri Baiduri
MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) Vol 12 No 2 (2021): Maslahah : Jurnal Hukum Islam dan Perbankan Syariah
Publisher : Program Studi Ahwal al-Syakhshiyyah dan Perbankan Syariah Fakultas Agama Islam Universitas Islam "45" Bekasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/maslahah.v12i2.3204

This study examines the public’s lack of understanding of the NUSYUZ concept, which still means discrimination against one gender only. Scholars also interpret it not only to punish one party. However, there are still many who understand that NUSYUZ is an act of a wife who disobeys her husband, it could also be a husband who is NUSYUZ against his wife, and here the author wants to examine the lack of understanding of NUSYUZ which is still discrimination from gender issues. The purpose of this study is to eliminate gender discrimination from the concept of NUSYUZ that exists in the wider community, there are none other than wives who are NUSYUZ against their husbands and husbands who are NUSYUZ against their wives. In this study using the Library Research method or library research, by reading and dissecting books and previous studies in order to find the problem of gender deviations that occur in the NUSYUZ concept. The results of this study state that the concept of Nusyuz according to Sheikh Nawawi Al-Bantani that it is permissible to reprimand with physical touch as long as it does not cause injury, Muhammad Syahrur’s concept makes women honor. While the content discussed is gender equality and eliminating discrimination against men and women, the benefits resulting from the loss of discrimination make everyone bear the same burden between the relationships of men and women who are already married.

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