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Radwan Siddik Turnip, Ibnu
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Pandangan Masyarakat Kecamatan Pantai Labu Terhadap Harta Bersama Sebagai Harta Warisan Perspektif Kompilasi Hukum Islam Rinaldi, Fiqih; Radwan Siddik Turnip, Ibnu
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1662

Abstract

Talking about joint property in Indonesia and its relation to inheritance, it cannot be separated from reviewing the Compilation of Islamic Law, especially Article 96 paragraph (1) which emphasizes that in the event of a divorce, half of the joint property becomes the right of the spouse who lives longer. This study wants to know the views of the people of Pantai Labu District towards common property as heritage property which seems still not uniform when viewed from the perspective of the Compilation of Islamic Law. This research is an empirical legal research, using qualitative methods. Data collection techniques by observation and interviews with a number of informants from 5 (five) villages in Pantai Labu District. The results showed that the Compilation of Islamic Law, which had been formed in 1991, was still not fully implemented by the Muslim community in Pantai Labu, this can be seen by the difference in understanding in seeing the rules regarding joint property, half of which are the rights of the spouse left behind, in addition to the rights that have been determined in the inheritance law. There are two (2) people's understanding of common property, one understanding ignores the rules in Article 96 paragraph (1) of the Compilation of Islamic Law, on the other hand there is an understanding in accordance with these rules. In addition, it is also known the desire of some people who choose rules that benefit their position in heirs, and in terms of their control over inheritance.
Kemitraan Gender Dalam Konsep Ketahanan Keluarga Perspektif KHI Dan Implementasinya Pada Keluarga Muslim Karo Di Kecamatan Stm Hilir, Deli Serdang Khaidir, Ainul Mardhiyah; Radwan Siddik Turnip, Ibnu
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1042

Abstract

This article aims to find out the perspective of the Compilation of Islamic Law (KHI) regarding gender partnerships in the concept of family resilience, and how it is implemented in Karo Muslim families in STM Hilir District. This research is empirical juridical research using a legal science and legal sociology approach (legal sociology approach), using primary and secondary data sources. Primary data sources were obtained from interviews with a number of informants who are members of the Karo Muslim community in STM Hilir District, while secondary data sources were obtained from primary legal materials such as Law No. 1 of 1974 concerning marriage, the Compilation of Islamic Law (KHI), and the book of fiqh. The data analysis method used is a qualitative method. The research results show that. Gender partnership is one of the variables in the concept of family resilience which has four indicators, namely aspects of togetherness in the family, husband-wife partnership, openness in financial management, and family decision making. From the perspective of the Compilation of Islamic Law (KHI), although the article does not specifically regulate gender partnerships, the indicators can be found in several articles in the KHI which support the realization of gender partnerships in family life. In its implementation, from 10 informants from the Karo Muslim community in STM Hilir District, it was discovered that indicators of openness in family financial management were implemented well, where husband and wife were directly involved in managing family finances together and transparently. Meanwhile, explaining other indicators still needs to be improved so that the values ​​of gender partnership as regulated in the KHI can be implemented well in Karo Muslim families, STM Hilir District.
Pandangan Masyarakat Kecamatan Pantai Labu Terhadap Harta Bersama Sebagai Harta Warisan Perspektif Kompilasi Hukum Islam Rinaldi, Fiqih; Radwan Siddik Turnip, Ibnu
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1662

Abstract

Talking about joint property in Indonesia and its relation to inheritance, it cannot be separated from reviewing the Compilation of Islamic Law, especially Article 96 paragraph (1) which emphasizes that in the event of a divorce, half of the joint property becomes the right of the spouse who lives longer. This study wants to know the views of the people of Pantai Labu District towards common property as heritage property which seems still not uniform when viewed from the perspective of the Compilation of Islamic Law. This research is an empirical legal research, using qualitative methods. Data collection techniques by observation and interviews with a number of informants from 5 (five) villages in Pantai Labu District. The results showed that the Compilation of Islamic Law, which had been formed in 1991, was still not fully implemented by the Muslim community in Pantai Labu, this can be seen by the difference in understanding in seeing the rules regarding joint property, half of which are the rights of the spouse left behind, in addition to the rights that have been determined in the inheritance law. There are two (2) people's understanding of common property, one understanding ignores the rules in Article 96 paragraph (1) of the Compilation of Islamic Law, on the other hand there is an understanding in accordance with these rules. In addition, it is also known the desire of some people who choose rules that benefit their position in heirs, and in terms of their control over inheritance.
Co-Authors Khaidir, Ainul Mardhiyah Rinaldi, Fiqih