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Program Studi Ahwal al-Syakhshiyyah FAI UNISMA Bekasi
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Regulasi Perjanjian Perkawinan Pada UU No 1 Tahun 1974 dan Kompilasi Hukum Islam (Studi Maslahah Al-Ghazali) Saeful Muda Bahri; Suprihatin -
MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) Vol 9 No 2 (2018): 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.v9i2.2735

Abstract

Marriage is a common sunnah and applies to all His creatures. Every prospective or marriedcouple certainly expects the marriage they want according to the guidance of religious law andapplicable law. However, not all marriages go smoothly as the purpose of the marriage, many thingsthat cause the end of a marriage including domestic violence, economics, infidelity and other factors.Therefore, the law is present to solve the phenomenon of marital problems that occur in society. Thusthe presence of the law is to realize the benefit, happiness, and discipline of the law. the presence of therule of law of marriage agreement to regulate the issue is contained in Law No. 1 of 1974 on Marriagecontained in Chapter V of the Marriage Covenant and on the Compilation of Islamic Law Chapter VIIof the Marriage Covenant. Research library research with the specificity of normative legal researchwith the approach of legislation and the benefit of al-Ghazali. The legal materials of this researchcome from primary, secondary, and tertiary legal materials, such as books, legal literature, legalliterature, civil law, as well as books and books discussing the benefits of marriage covenants. Fromthe results of the study, obtained maslahah Imam al-Ghazali seen in two aspects. First, the context ofthe existence of the rule of law concerning marriage agreements. Second, maslahah of the functionof the use of marriage covenants. In the benefit of both can be known that the Law No. 1 of 1974 isglobal or National contains emergency benefits on aspects of hifz al-din (maintaining religion) andhifz al-nafs (nurturing the soul) and the Compilation of Islamic Law that is specifically applicable tothe Islamic community in Indonesia contains the benefit of hajjyat in this case necessary for the benefitof the Islamic community in answering the question for the sake of the question of the rule of marriagelaw. While in the function of the use of the rule of law regarding marriage agreements in Law No. 1of 1974 and the Compilation of Islamic Law occupies the emergency benefit in maintaining religion,soul, reason, offspring, and property
Analisis Hukum Islam Terhadap Penetapan Hakim Yang Menyatakan Tidak Menerima Gugatan Cerai Di Pengadilan Agama Bekasi (Studi Kasus Pada Perkara Nomor : 0234/Pdt.P/2018/PA.Bks) Angga Isfirnando; Suprihatin -
MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) Vol 10 No 1 (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.v10i1.2745

Abstract

This research aims to answer the question how Islamic law analysis on the determination of thejudge who stated that he did not accept the divorce suit at the bekasi religious court. Even thoughthe religious court may not reject the case filed to find out about this problem, the authors conductedresearch by analyzing the decision namber :0234/Pdt.P/2018/PA.Bks. viewed from the perspectiveof Islamic law. This research is a normative research with descriptive methods, ma gugatan ceraidi Pengadilan Agama Bekasi. namely describing the objeck of research as the actual situation thenanalyzed its suitability with Islamic law. The results of this study state that the judge’s decisionrejecting the divorce suit in case number :0234/Pdt.P/2018/PA.Bks. it is in accordance with Islamiclaw because the judge’s refusal of this lowsuit was because the plaintiff was not present. Therefore, inthe perspective of Islamic law the refusal of the judge is intended to punish the plaintiff and preventthe defendant from slandering the lawsuit.
Problematika Peraturan Pemerintah Nomor 48 Tahun 2014 Pada Aspek Biaya Pernikahan di KUA Kecamatan Jatiasih Kota Bekasi Nur Alwan Damhuri; Suprihatin -
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.v10i2.2752

Abstract

In Indonesia, the registration of marriages for Muslims is carried out by the Office of ReligiousAffairs (KUA). The Office of Religious Affairs (KUA) is an institution at the Ministry of Religion atthe sub-district level that provides services to Muslims in matters of marriage and fostering Muslimfamilies to become sakinah families. Marriage registration is carried out by a marriage registraremployee / guardian of a marriage registrar (penghulu).Government Regulation Number 48 of 2014concerning tariffs on types of non-tax state revenue that apply to the Ministry of Religion whichregulates the rates when carrying out a marriage outside the Office of Religious Affairs (KUA) oroutside working hours at a rate of Rp.600,000.00 and executing it inside KUA at a rate of Rp. 0.00 orfree. The implementation of Government Regulation Number 48 of 2014 has been ineffective, due tothe lack of public interest in carrying out marriages in the KUA even though it has been free. However,the payment for the marriage registration of the KUA Kecmatan Jatiasih has been effective, this isevident when the author conducted an interview with the KUA and the community that it is true thatwhen carrying out a marriage within the KUA there is no charge and when carrying out a marriageoutside the KUA or outside working hours a rate is imposed. Rp. 600,000.00 paid at the bank.Primarydata sources were obtained from interviews and secondary data sources were obtained from books,journals and others. The type of research used in this research is the type of field research (SocioLegal Research). The research approach conducted by the author uses descriptive qualitative. Datacollection is done by the author to get and understand the picture and the existing reality, the writeruses data collection techniques by interview, observation and documents. From the data that has beencollected, then the writer analyzes using descriptive method. With the enactment of PP Number 48of 2014, it received a positive response from the upstream government because prior to the issuanceof Government Regulation Number 48 of 2014 there were many accusations of gratification thatwere shown to the head of the KUA Jatiasih District, but after the issuance of the PP there were noaccusations of gratification. However, there is still a lack of public interest in carrying out marriageswithin the KUA even though it has been made free, due to the customs of the Jatiasih Subdistrict peoplewho usually carry out marriages outside the KUA. Whether in the mosque, meeting hall or the houseof the bride and groom.
Co-Authors Angga Isfirnando Nur Alwan Damhuri Saeful Muda Bahri