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All Journal JMM (Jurnal Masyarakat Mandiri) El-Usrah: Jurnal Hukum Keluarga El-Rusyd International Journal of Multidisciplinary Research of Higher Education (IJMURHICA) Journal Of Humanity Dedication Ahlussunnah: Journal of Islamic Education Jurnal Elsyakhshi Ri'ayatu Al-Qur'an: Jurnal Pendidikan Islam Nida Al-Qur'an: Jurnal Pengkajian Islam UKAZ: International Journal of Islamic Studies Samara: Journal of Islamic Law and Family Studies
Yusrial Yusrial
STAI Solok Nan Indah, Indonesia
Religion Humanities Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Social Sciences Other

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Journal : Jurnal Elsyakhshi

 1 
Legal and Administrative Sanctions for Civil Servants Engaging in Polygamy Erwan, Erwan; Ramadhona, Suci; Yusrial, Yusrial; Sumanto, Dedi
Jurnal Elsyakhshi Vol. 2 No. 2 (2024): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v2i2.45

Abstract

Polygamy (addud al-zaujat) has been a significant issue in husband-wife relationships throughout the history of Islamic civilization. One contributing factor to the practice of polygamy is the lack of understanding regarding its underlying reasons or motives. This study aims to analyze the sanctions imposed on Civil Servants engaging in polygamy based on the Quranic perspective in Surah An-Nisa Verse 3 and according to Indonesian Law No. 1 of 1974. The research employs a library research methodology, utilizing primary sources such as the Al-Misbah commentary and secondary sources including the Quran, Hadith, Law No. 1 of 1974, and the Compilation of Islamic Law. The findings reveal two key points. First, for civil servants practicing polygamy, the condition of fairness is emphasized. Material fairness includes equal treatment in terms of rotation, living expenses, food, clothing, and housing. However, emotional fairness, involving love and feelings of the heart, is not mandated. Second, civil servants engaging in polygamy without proper authorization face four possible sanctions: i) demotion, ii) removal from office, iii) honorable dismissal without personal request, and iv) dishonorable dismissal. Female civil servants who become a second, third, or fourth wife are subject to dishonorable dismissal from their civil service roles.
Implementation of Divorce Mediation for State Civil Apparatus: Sociological Analysis of Islamic Law Arisman, Arisman; Yusrial, Yusrial; Umar, Abdullah
Jurnal Elsyakhshi Vol. 2 No. 1 (2024): June
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v2i1.51

Abstract

Divorce mediation has become one of the alternative dispute resolutions recognized in the Indonesian legal system. However, its application in the State Civil Apparatus has its own challenges that require in-depth analysis. This research aims to propose to the government and the courts that mediation for the state civil apparatus be carried out during the process of obtaining a superior's license by a mediator appointed and approved by the local government so that after the superior's license is issued, the mediation process is no longer carried out in court. This research uses a qualitative method with a juridical-sociological approach, data sources are taken through primary and secondary data, in the form of data from four religious courts in one of the provinces in Indonesia. All data were analyzed using the Milles & Hubberman Interactive Model Analysis. The results of the study were threefold: First, the implementation of mediation is not yet optimal, second, the recommendation to appoint a competent mediator team, third, the proposal to adopt the results of mediation into the trial. This study recommends increasing mediator training and psychological support for the State Civil Apparatus involved as a form of wider socialization of the benefits of mediation.
Legal Certainty of the Rights of Wives and Children After Divorce Siregar, Yani Arfianti; Yusrial, Yusrial; Arisman, Arisman; Lidia, Notri
Jurnal Elsyakhshi Vol. 1 No. 1 (2023): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v1i1.10

Abstract

The position of suspicious children in the perspective of Islamic law is a topic of significant interest and importance within legal and ethical discourse. In Islamic jurisprudence, the treatment and rights afforded to children, particularly those born under suspicious circumstances, hold profound implications for both societal norms and legal frameworks. Understanding the nuanced stance of Islamic law towards suspicious children necessitates a comprehensive exploration of religious texts, legal principles, and contemporary interpretations. This research aims to see what the rights of women and children are after divorce, what is the legal certainty in fulfilling the rights of women and children after divorce in the Religious Courts, and what are the obstacles to fulfilling the rights of women and children after divorce in the Religious Courts. This research method uses a qualitative method with content analysis approach. From the research that has been carried out, it was found that legal certainty in fulfilling the rights of women and children in the religious court environment is still not effective. The issue of the rights and obligations of husband and wife in the event of divorce is closely related to the legal awareness of both parties. So there is a need for good legal awareness among the public regarding the rights and obligations of marriage. Good legal awareness has a causal relationship with the effectiveness of legal certainty of the rights of children and wives after divorce.
Co-Authors Abdullah Umar, Abdullah Ahmad Wira, Ahmad Akmal, Fauzi An, Rusydi Ardianda, Viona Arisman Arisman Aryanti, Yosi AS, Fadly Awaluddin Awaluddin Awang Ringgit Azwar, Zainal B. Mutmainnah Sudarmin, Andi Bahar, Muchlis Biswadi, Biswadi Cahaya, Avia Nilan Cahya, Mutiah Dahliana, Dina Dasrizal Dasrizal Datres, Datres Dedi Sumanto Dinda Amartia Sari Dwi Afifah, Adila Ediz, M Hidayat Ediz, M.Hidayat Efendi, Faisal Effendi, Yollanda Elida Jasman Elvionita, Elsa Engkizar, Engkizar Erwan Erwan, Erwan Fadly AS Farid Fauzi Febriani, Afifah Firdaus Firdaus Fitrah, Mustannir Fitri, Atika Fuqoha, Wahyu Saydul Hendrisab, Hendrisab Iskandar, M. Yakub Jaafar, Azhar Jurna Petri Roszi, Jurna Petri Lidia, Notri M, Gusmarni M. Hidayat Ediz Marlena, Reni Masuwd, Mowafg Abrahem Monika, Monika Muhammad Taufan Muthi’ah Muthi’ah Oktavia, Gifa Putri, Mirna Rahman, Ikhwan Rahmanda, Rega Ramadhona, Suci Rawati, Mesis Rehani Rehani Ridha, Arif Samsurizal Samsurizal Sasmi Nelwati Saudiah, Paridatus Siregar, Yani Arfianti Supardi, Maman Surandari, Fitri Surandari Taruddin Taruddin Taruddin, Taruddin Weti Susanti Yosi Ariyanti Yumna Yumna Yumna Yumna, Yumna Yunus Rahawarin Zulfadli Zulfadli