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DINAMIKA KOMPETENSI PERADILAN AGAMA DALAM MENGATASI SENGKETA EKONOMI SYARIAH : Fathor Rozy, Andhena Wisnu Wardana, Fatihul akmal Fardi Anshori, Hafshah Fathor, Rozy; Wardana, Andhena Wisnu; Fardi Anshori, Fatihul Akmal; Hafshah, Hafshah
KASBANA Vol 4 No 2 (2024): JULI
Publisher : Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53948/kasbana.v4i2.140

Abstract

Sharia Court is a legal venue to seek justice or settle civil disputes based on Islamic law, where it adjudicates, examines, and resolves civil cases at the first instance involving Muslim individuals, according to regulations derived from Sharia. According to Law No. 3 of 2006, Sharia Courts are authorized to adjudicate and resolve disputes related to Sharia economics, encompassing all business activities conducted in accordance with Sharia principles. The research methodology employed in this article is Normative legal research. The objective of this study is to analyze the general overview of Sharia economic disputes in Sharia Courts and to assess the capacity of Sharia Court judges in resolving Sharia economic cases. The findings of this research article indicate that Sharia economic disputes through litigation can be settled in Sharia Courts, thus requiring Sharia Court judges to comprehend and deepen their understanding of Sharia economics matters within their jurisdiction.
A STUDI KOMPARATIF HAK WARIS ANAK LUAR NIKAH PERSPEKTIF HUKUM ISLAM DAN HUKUM PERDATA: STUDI KOMPARATIF HAK WARIS ANAK LUAR NIKAH PERSPEKTIF HUKUM ISLAM DAN HUKUM PERDATA Fathor, Rozy; Izzuddin, Ahmad
Journal of Islamic Economic and Law (JIEL) Vol. 1 No. 1 (2024): JIEL : Journal of Islamic Economic and Law
Publisher : CV. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/jiel.v1i1.632

Abstract

This research is driven by the fact that in Islamic inheritance law and civil law there are quite a lot of differences. This study aims to find out how the law of inheritance of legal children out of wedlock between Islamic inheritance law and civil law. This research uses a qualitative approach with library research data collection techniques, namely using books, journals, papers, theses, articles, and literature related to related problems that aim to underlie the theoretical basis of writing this journal. The results of the conclusions in this study, it was found that the first factor in terms of the rate of distribution of heirs from extramarital children; Then the second factor is to discuss inheritance rights if the child out of wedlock dies; And the third factor in Article 873 of the Law, an out-of-wedlock child is entitled to inherit the entire inheritance if one of the blood relatives dies. Keywords : Islamic law, inheritance rights, civil law