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Journal : Sujud: Jurnal Agama, Sosial dan Budaya

Analisis Tentang Putusnya Perkawinan karena Istri Murtad (Analisis Putusan Pengadilan Agama Sibuhuan No 255/PDT.G/2023/Sibuhuan ) Ismail Nasution; Ali Ardin Nasution; Mahmudin Hasibuan
Sujud: Jurnal Agama, Sosial dan Budaya Vol. 1 No. 4 (2025): OKTOBER-DESEMBER
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/wyjvtd94

Abstract

The purpose of this study is to determine the dissolution of marriage due to wife M (Analysis of the Sibuhuan Religious Court Decision No. 255 / Pdt.D / 2023 / PA Sibuhuan). The usefulness of this study is expected to be useful information for researchers, especially in fulfilling the requirements for a Bachelor of Laws degree as well as a reference for similar researchers and can provide understanding and knowledge about the dissolution of marriage due to apostasy of the wife (analysis of the Sibuhuan Religious Court Decision No. 255 / Pdt.D / 2023 / PA Sibuhuan. This research is a field research, which is a research that is directly related to the object being studied. The method used in this study is a qualitative descriptive method. For data collection, the data collection instruments used are observation, interviews and documentation. The data processing is carried out by conducting a study of the theory of reality that exists at the research site. The results of the study concluded that: first, the judge's consideration in deciding the case of dissolution of marriage because the wife apostatized (analysis of the decision of the Sibuhuan Religious Court No. 255 / Pdt.D / 2023 / PA Sibuhuan, namely the applicant and respondent's family were not harmonious because since the applicant was sick and at that time the respondent decided to migrate to Pekanbaru City and when the respondent returned he had remarried and at that time the applicant decided to divorce the respondent because he had remarried and had apostatized and did not want to return to Islam. The applicant and respondent cannot be reconciled and have been going on continuously. Then the legal basis for the judge in deciding this case to be fasakh is Article 116 letter (h) of the compilation of Islamic law. The legal consequences arising from the fasakh decision are that the marriage contract is canceled absolutely, this indicates that the relationship between the two is legally broken and there is no longer a special bond or relationship. If during the iddah period, the wife has not repented, then she is not allowed to reconcile or enter into a new marriage contract. Other consequences of fasakh are: the wife does not receive a living, the child's position remains as a legitimate child, the obligation to care for the child, joint assets are divided fairly. And it also results in an apostate husband or wife not having the right to be the guardian of another Muslim person.
Konsep Ithaqah Ibadah Puasa Ramadhan dalam Perspektif Hukum Islam (Studi Kasus Desa Tanjung Bale Kecamatan Sosa) Syafaruddin; Ahmad Alwi Hutauruk; Mahmudin Hasibuan
Sujud: Jurnal Agama, Sosial dan Budaya Vol. 1 No. 4 (2025): OKTOBER-DESEMBER
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/7akes295

Abstract

The purpose of this study was to determine: (1) the concept of ithaqah for those observing the Ramadan fast according to Islamic law, and (2) the views of the Tanjung Bale village community, Sosa District, Padang Lawas Regency, regarding the ithaqah for the Ramadan fast. This study is field research, namely research conducted with the aim of intensively studying the background and environment that occurs in a social unit, using a descriptive research approach. The conclusion is that the concept of ithaqah for the Ramadan fast according to Islamic law is the ability to fast without harming the body and internal organs. This means being able to restrain oneself from hunger and thirst, and the genitals from lust. Ithaqah for fasting is a Muslim who is sane, mature, healthy, and settled. The opposite of ithaqah is excuse. Therefore, excuses for fasting in Ramadan include illness, pregnancy, breastfeeding, travel, old age, extreme hunger and thirst, and coercion. Therefore, whenever a sick person misses a fast, they should make up for the missed fast when they have recovered and are healthy. The view of the people of Tanjung Bale village, Sosa District, Padang Lawas Regency regarding the Ithaqah of Ramadhan fasting is to restrain the stomach from food and drink and the genitals from sexual urges or the desire to perform sexual intercourse. Likewise, restraining hearing, sight, speech, hands, feet and all body parts from various sins. Meanwhile, people who have the excuse to fast must have good manners. Because fasting will train oneself and one's desires from evil things within oneself. Because fasting will train oneself and one's desires from evil things within oneself.