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All Journal Hukum Islam MAHAKIM: Journal of Islamic Family Law
Hanifah Salma Muhammad
UIN Sunan Kalijaga Yogyakarta
Law, Crime, Criminology & Criminal Justice Social Sciences

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Kompetensi Pengadilan Agama dalam Menangani Perkara Warisan Beda Agama (Analisis Perkara 1854/Pdt.G/2013/PA.Plg) Hanifah Salma Muhammad; Malik Ibrahim
MAHAKIM Journal of Islamic Family Law Vol 7 No 1 (2023): January 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i1.184

Abstract

This article discusses the competence of religious courts in adjudicating disputes over interfaith inheritance between Muslims and non-Muslims. This can happen inseparably from the social and cultural conditions of people in Indonesia who are pluralism with various backgrounds such as ethnicity, customs, different languages, and belief or religious factors. But on the other hand, there are differences in views between the fuqaha regarding the heritage of different religions. If the heir and heir, both the heir as the plaintiff and the defendant, have differences in religion, then the practice of law enforcement in the court against the inheritance case creates a dispute over competence between the religious court and the district court. This study examines through legislation, legal literature in accordance with the research being discussed and uses Islamic law to answer the author's problem formulation by analyzing decision number 1854 / Pdt.G / 2013 / PA.Plg. The results of the research that can be concluded are that when viewed from a juridical point of view, religious courts are authorized to adjudicate cases of disputes over inheritance between religions. This can happen because it is based on jurisprudence 51K/AG/1999. The function of jurisprudence can be used as the best way given by judges to communities that have family pluralism as a solution in resolving cases of inheritance disputes between religions. However, when viewed from the normative side of Islamic law, religious courts are authorized to adjudicate inheritance disputes with parties of different religions. This can happen because it is based on the interpretation of Yusuf Al-Qardawi and the ijtihad of the supreme court for a sense of justice for families whose pluralism of beliefs. The inheritance is not counted as heirs but is counted as a mandatory will of no more than 1/3 part.
Implementation Of The Absolute Responsibility Statement Letter For The Truth As Husband And Wife In The Issuance Of Birth Certificates From The Perspective Of Maqasid Al-Syari’ah Dena Nabila Farah; Malik Ibrahim; Hanifah Salma Muhammad; Raihanah Binti Haji Abdullah
Hukum Islam Vol 25 No 2 (2025): Islamic Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v25i2.31784

Abstract

The legal relationship between parents and children is usually proven by a birth certificate, so a birth certificate must be issued for the child. This is as stated in Article 27 paragraphs (1) and (2) of Law Number 23 of 2002 concerning Child Protection which confirms that a child's identity must be given from birth and this identity is stated in the form of a birth certificate. Yogyakarta Dindukcapil is the agency tasked with issuing birth certificates for Yogyakarta residents. One of the requirements for applying for a child's birth certificate is to attach a marriage certificate or marriage book from both parents. If the parents cannot show the marriage certificate, they can attach a statement of absolute responsibility for the truth as husband and wife. It is interesting to carry out research on the implementation of the statement of absolute responsibility for the truth of husband and wife in the Yogyakarta Dindukcapil Office. This type of research is field research using the Maqasid al-Syari'ah approach. The data analysis method used is descriptive analytical using data collection and analysis methods in the form of interviews, observation and documentation. The results of the research show that the implementation of the statement of absolute responsibility in Yogyakarta Dindukcapil is intended for married couples who married before the existence of Law Number 1 of 1974 concerning Marriage. According to Islamic law, the implementation of the absolute responsibility statement in Yogyakarta Dindukcapil is in accordance with Maqasid al-Syari'ah (The objectives of Islamic law) namely Hiifz ad-din, Hiifz an-Nasl, and Hiifz al-Mal.
Co-Authors Dena Nabila Farah Malik Ibrahim Raihanah Binti Haji Abdullah