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Fiqh Munakahat Review on Divorce Caused by Parental Interference in Padang Lawas District Pahrur Rozi Hasibuan; Sahmiar Pulungan; Fatimah Zahara
JURNAL AKTA Vol 10, No 2 (2023): June 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i2.33382

Abstract

Marriage is an act ordered by Allah and also recommended by the Prophet. Household stability and continuity of life between husband and wife are the main goals of marriage and this is very much taken into account by Islamic law. Carrying out married life does not require the possibility of divisions and disputes that cause the condition of the household to experience disharmony. It is phenomenal that more involvement by parents in the household will lead to dependency problems which always involve the parents and are not discussed beforehand between husband and wife, the existence of the family can sometimes be a problem in the household. So the relationship between in-laws and daughters-in-law often becomes a thorny relationship. This case will be studied from the Fiqh Munakahat legal review. Divorce based on the wishes of parents that occurs in the Padang Lawas community is not valid, because there are conditions and harmony that are not fulfilled. The will and willingness to carry out an action are the basis for taklif.
Adultery Crimes From The Perspective Of Islamic Law And Customary Law In Dolok District, North Padang Lawas Regency Perantoan Rambe; Sahmiar Pulungan
International Journal of Economic, Technology and Social Sciences (Injects) Vol. 4 No. 1 (2023): May 2023
Publisher : CERED Indonesia Institute

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Abstract

Violation of Islamic law and customary criminal law is still viewed as something that can cause disruption and disturb the consciousness of the community. The purpose of this research is to examine and analyze legally how the regulation of adultery is based on Islamic law and customary law in Dolok District, Padang Lawas Utara Regency, to understand and analyze legally the application of customary criminal sanctions against perpetrators of adultery in Dolok District, Padang Lawas Utara Regency, and to examine the authority of customary leaders in resolving cases of adultery in Dolok District, Padang Lawas Utara Regency. The type of research used is qualitative research with data collection techniques, including interviews with customary leaders in Dolok District, Padang Lawas Utara Regency. The results of this study indicate that the regulation of customary sanctions for adultery in customary law is called "appeal dila," which is a type of punishment that requires the perpetrator to slaughter a goat/buffalo/cow by inviting the community to gather and have a communal meal as a basis for seeking forgiveness for the act of adultery. The application of customary sanctions against adulterers involves punishment imposed by the customary leaders, namely Raja Panusunan Bulung and Raja Pamusuk, after a customary meeting attended by Mr Namalim (Religious Figure), Datu (Health Doctor), Pangatak-Pangetong/Rokkaya (Traditional Healers), panyujukan burger (Betel Leaf Carrier), Halakna Dihuta (Village Community), and the prepared sanctions.
Urgensi Pendidikan Islam Dalam Peradilan Pidana Anak Berdasarkan Undang-Undang No. 11 Tahun 2012 Julhaidir Purba; Muhammad Syukri Albani Nasution; Sahmiar Pulungan
Edukasi Islami : Jurnal Pendidikan Islam Vol 12, No 04 (2023): Edukasi Islami: Jurnal Pendidikan Islam
Publisher : Sekolah Tinggi Agama Islam Al Hidayah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/ei.v12i04.6094

Abstract

This research focuses on the importance of strengthening Islamic education in juvenile criminal justice by reviewing Law No.11/2012. The juvenile justice system in Indonesia through Law No. 11/2012 is very important to see the importance of strengthening children's character through Islamic education. The background of this research is the need for protection and guidance of children through education, especially in an effort to keep children away from criminal acts, thus ensuring behavior that suits their needs. The research method is juridical sociological, combining normative analysis of legislation with its application in the social context. The results of this study confirm the importance of Islamic education in strengthening children's character based on Law No. 11/2012 on Juvenile Justice in the context of Indonesian law, taking into account the principles of Islamic Law. The findings reflect the need to strengthen children's Islamic education through formal and informal institutions that focus more on the special needs of children, including protection and guidance, as well as the importance of the role of parents. This research shows that the implementation of this law still faces challenges, especially in terms of the availability of educational facilities and adequate human resources to deal with children in conflict with the law.