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All Journal Ajudikasi : Jurnal Ilmu Hukum Yurisprudentia: Jurnal Hukum Ekonomi
Nasution, Wilda Rahma
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Dinamika Pemberian Dispensasi Kawin dibawah Umur oleh Hakim Pasca Perubahan Undang-Undang Perkawinan Rohana, Nada Putri; Nasution, Wilda Rahma
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6448

Abstract

The granting of marriage dispensation by judges experienced a discourse from the age of marriage, which originally occurred because of the age difference between men and women, which caused family conditions that were not solid, with the younger age of women causing marriage to look more discriminating against women in the purpose of marriage. Then it changed to a regulation that equalized the age limit for marriage for both men and women. In the treatment of deviations from the rules of marriage age, it is also emphasized that there is equal treatment. However, this cannot limit the judges' ability to render judgments. The examination of marriage dispensation must be carried out thoroughly, so the focus of this study is on how the dynamics present in each decision by judges need to be analyzed. The research method is a study of normative law related to the provisions of the marriage dispensation. The analysis is carried out with the theory of judicial power, which includes legal justice, legal certainty, and legal expediency. The results showed that every judge's decision is affected by the disparity of the judgment on the granting of marriage dispensation when the judge does not examine all the offenses of the application for dispensation in the search for the application for dispensation, which becomes the basis for the judge to consider the decision. So that stigma for urgent reasons does not become unclear and clear. Therefore, every trial must systematically follow the judicial process in order to realize the purpose of marriage.
TINJAUAN HUKUM ISLAM TERHADAP PROBLEMATIKA HEWAN KURBAN Nasution, Wilda Rahma
Yurisprudentia: Jurnal Hukum Ekonomi Vol 10, No 1 (2024)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v10i1.11108

Abstract

Sacrifice is one of the worship in Islam that has certain rules as stipulated in Islamic law. Thus all its rules have been outlined by the law of sharia. But until now the problems of sacrifice are still ongoing, such as sacrifices that individuals count while Eid al-Adha sacrifices are not the same as akikah and even zakat fitrah that individuals can count, then choose not to sacrifice or postpone sacrifice because the sacrificial animals that are desired to be slaughtered during the feast of sacrifice are cows, not goats. So this study aims to determine the limit on the number of people who sacrifice for one sacrificial animal and the animal that is mainly slaughtered as a sacrificial animal. Research is carried out with normative legal research methods also called doctrinal legal research, where in this type of legal research the law is conceptualized as what is written in laws and regulations (law in books) or law is conceptualized as rules or norms that are a benchmark for human behavior aimed at solving legal issues faced deemed appropriate. As for the results of the study, it can be concluded that one goat is enough for one person, it is not legal for more than one person. One camel and a cow suffice for seven people. Association in sacrificial animals cannot be separated from two conditions, namely association in terms of merit and association in terms of ownership. As for the main animals to be sacrificed in terms of type, the first opinion is according to the order of camels, cows, and goats. The second opinion is goat, cow, and camel. Meanwhile, when viewed from the criteria of animals, the most important thing to be used as a sacrifice is a male animal of perfect quality.
Co-Authors Rohana, Nada Putri