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Putusan Hakim Dalam Menuntaskan Sengketa Perkawinan Poligami Di Indonesia Nuryamin, Nuryamin; Farid, Diana; Abdulah Pakarti, Muhammad Husni; Hendriana, Hendriana; Hilal Nu'man, Mohamad
JUSTISI Vol. 9 No. 2 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i2.2303

Abstract

Polygamy only applies to those who according to law and religion allow their husbands to have multiple wives. This is explained in the general description of the Marriage Law Point 4c, which states: As permissible by law and the religion concerned, a husband can have multiple wives only if the parties so desire. The court has absolute power to negotiate on the basis and conditions of the polygamy permit application and the court has the authority to try and make decisions in the form of legal considerations and reasons. The scholars, the Prophets of the Qur'an and Hadith, depending on the case. In order not to harm the parties in the proceedings, cases decided in court must have clear reasons. Courts need such evidence to determine their case. Article (1) Law Number 7 of 1989 concerning the Religious Courts regulates all court decisions with reasons, and special provisions or relevant legal written sources used as the basis for decisions.
Penetrasi Konsep Hibah Dalam Proses Pembagian Waris Nuryamin, Nuryamin; Farid, Diana
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 1 No. 3 (2025): September
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v1i3.130

Abstract

Basically, a property owner has the right and freedom to give (gift) his property to anyone, including his children, provided that the gift (gift) does not cover and does not reduce other rights as heirs. If the terms and conditions are met, then the grant is valid. Meanwhile, the right of the recipient of the gift to the inheritance is absolutely his share as an heir without having to be reduced as a result of obtaining the gift as long as the heir does not lose his inheritance rights, because the gift has nothing to do with inheritance. Thus, the inherited assets obtained are not counted as inheritance, so that he is entitled to inheritance assets according to what he should receive as part of the inheritance after the parent (heir) dies. Gift giving in Islamic Law is limited to a maximum of 1/3 (one third) of the grantor's assets. In the event that gifts are made to children (heirs), the limitation is that gifts must be made based on the principle of justice. This limitation on grant giving is provided to protect the rights of the heirs after the grantor dies, so the main aim of the grant is to strengthen friendly relations. Apart from the maximum limits regulated in Islamic Law (KHI), Customary Law and BW also provide the same limits in granting grants. This is intended to protect the rights of the heirs and to avoid losses suffered by the heirs whose share cannot be reduced according to law, so that with this gift the share of the heirs becomes less than what they should receive.
Hak-Hak Peserta Didik Perspektif Hasan Langgulung: Kajian Kritis dalam Konteks Pendidikan Islam Isnaeni, Isnaeni; Hamzah, Andi Abdul; Nuryamin, Nuryamin
Al-Qalam: Jurnal Kajian Islam dan Pendidikan Vol 17 No 2 (2025): Al-Qalam: Jurnal Kajian Islam Dan Pendidikan
Publisher : LP2M Universitas Islam Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47435/al-qalam.v17i2.4036

Abstract

This article examines the concept of student rights in Islamic education from the perspective of Hasan Langgulung's thinking. Using a qualitative descriptive analysis method through literature study, the study in this article aims to analyze Hasan Langgulung's contribution in formulating fundamental rights for students that integrate the principles of educational psychology with Islamic values. The results of the study formulate the fundamental rights of students according to Hasan Langgulung: (1) the right to obtain holistic education, (2) the right to be treated according to individual characteristics, (3) the right to obtain a conducive educational environment, (4) the right to obtain an integrated curriculum, and (5) the right to participate in the learning process. These concepts are relevant to the development of contemporary Islamic education, despite facing implementation challenges including the dichotomy of education, the quality of educators, limited infrastructure, and evaluation systems. This study contributes to the development of a humanistic and holistic Islamic education theory that respects student rights comprehensively.