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All Journal AJIS : Academic Journal of Islamic Studies Al-Istinbath: Jurnal Hukum Islam
Sri Wihidayati, Sri
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Community Preferences to Perform Marriages at Home After The Issuance of Government Regulation No. 48 Of 2014 Yusefri, Yusefri; Wihidayati, Sri
AJIS: Academic Journal of Islamic Studies Vol. 9 No. 1 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/ajis.v9i1.8917

Abstract

The Government Regulation No. 48 of 2014 concerning Tariffs for Non-Tax State Revenues that apply to the Ministry of Religion, among others, stipulates that the cost of registering marriages performed at the religious affairs office (RAO) on working days and hours is zero rupiah (free), whereas if a married is performed at home, it is subject to a fee of IDR 600,000. In fact, many people still perform marriages at home. Against this phenomenon, there are two interesting problems to study. First, how is public knowledge about the Government Regulation No. 48 of 2014? Second, what are the reasons beyond people's preferences for marriages at home instead of at RAO? This study belonged to empirical socio-legal research in the form of field research and applied a qualitative descriptive analysis method. The conclusion of this study fell into two. First, there were still many people who did not know and understood the Government Regulation No. 48 of 2014. The things that underlined people's preferences for marriages at home entailed views and beliefs of the marriage sacredness, tradition or custom, self-respect, avoiding negative images, limited RAO’s facilities, convenience, the distance of RAO, and time efficiency.
Kesaksian Non Muslim dalam Putusan Hakim Pengadilan Agama Curup Nomor 571/Pdt. G/2016 Nashoha, Ahmad; Yusefri, Yusefri; Wihidayati, Sri
AL-ISTINBATH : Jurnal Hukum Islam Vol 5 No 2 November (2020)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1112.361 KB) | DOI: 10.29240/jhi.v5i2.1837

Abstract

The focus of the study of this article is on the Decision of the Curup Religious Court Judge number 571 / Pdt. G / 2016, which received testimony from non-Muslims. The classical fiqh scholars have formulated that Islam is one of the conditions that must be met in order to receive witnesses or testimony in a trial. As for the non-Muslim witnesses, the fiqh scholars have different opinions. Imam al-Syafi'i flatly rejected it. Other fiqh scholars, from the Hanafiah, Maliki and Hanabilah circles, accept non-Muslim testimonies in certain cases and circumstances. This article examines two issues, first, what the judges consider accepting non-Muslims as witnesses, and second; how is the view from the Maqâshid al-Syarî`ah side. These two problems were analyzed descriptively qualitatively, using the content analysis method and the Maqâshid al-Syarî`ah analysis approach. This article concludes: First, the judge's consideration of receiving non-Muslim testimony in the Curup Religious Court Judge's Decision number 571 / Pdt. G / 2016 is due to the absence of Muslim witnesses. Second, in the perspective of Maqâshid al-Syariah, the acceptance of testimony from non-Muslims in the absence of Muslim witnesses becomes a conditional need so that the case process can be resolved properly and fairly, lâ dharâra wala dhirâr, leading to the maintenance of the benefits of marriage. When Muslim witnesses are not found (absent), the testimony of non-Muslims can be categorized as the benefit of the hajiyat level. namely the level of benefit needed to provide convenience and eliminate difficulties in implementing legal provisions.
Co-Authors Nashoha, Ahmad Yusefri, Yusefri