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All Journal LEGAL BRIEF Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Patricia, Andi Yohani
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Pembatalan Perkawinan Sepersusuan Akibat Ketidaktahuan Kedua Mempelai Berdasarkan Hukum Perdata dan Kompilasi Hukum Islam Patricia, Andi Yohani; Chandra, Irgi Fahreza; Nasution, Kumala Sari; Hasan, Miftahul; Sitorus, Purnama Manda; Hannum, Syarifah; Yulita, Tengku Bebita
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 5 No. 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v5i3.257

Abstract

In Islam, marriages carried out due to blood relations or mahrams are automatically considered to have never existed and are invalid even though husband and wife have had intercourse. The marriage was canceled by itself because there was a prohibition and the pillars and conditions for a valid marriage were not fulfilled which caused the marriage to be annulled. The method used is Normative Juridical, which aims to know and understand the arrangements for the Compilation of Islamic law regarding same-breeding marriages without the knowledge of the bride and groom and how to resolve disputes over the cancellation of breastfeeding marriages due to ignorance. The legal material used comes from legislation and sources of Islamic law. Because in discussing the problems in this study. Article 8 paragraph 4 of the law on marriage states that there is a prohibition on marriage between two people who are related to breastfeeding, namely children who are breastfed, siblings, aunts or uncles. If the marriage takes place but there is a prohibition or conditions are not met, then the marriage is cancelled. In this case, the process of canceling a marriage has a method in which the party who feels aggrieved submits their case to court if a breastfeeding marriage occurs without the knowledge of the bride and groom, then it is obligatory to cancel the marriage, because it is very clear that Islam prohibits breast-feeding. Keywords : breastfeeding, civil law, compilation of islamic law.
Pembatalan Perkawinan Sepersusuan Akibat Ketidaktahuan Kedua Mempelai Berdasarkan Hukum Perdata dan Kompilasi Hukum Islam Rangkuti, Rahmad Efendi; Hasan, Miftahul; Chandra, Irgi Fahreza; Nasution, Kumala Sari  ; Sitorus, Purnama Manda; Hannum, Syarifah; Yulia, Tengku Bebita; Patricia, Andi Yohani
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 5 No. 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v5i3.259

Abstract

In Islam, marriages carried out due to blood relations or mahrams are automatically considered to have never existed and are invalid even though husband and wife have had intercourse. The marriage was canceled by itself because there was a prohibition and the pillars and conditions for a valid marriage were not fulfilled which caused the marriage to be annulled. The method used is Normative Juridical, which aims to know and understand the arrangements for the Compilation of Islamic law regarding same-breeding marriages without the knowledge of the bride and groom and how to resolve disputes over the cancellation of breastfeeding marriages due to ignorance. The legal material used comes from legislation and sources of Islamic law. Because in discussing the problems in this study. Article 8 paragraph 4 of the law on marriage states that there is a prohibition on marriage between two people who are related to breastfeeding, namely children who are breastfed, siblings, aunts or uncles. If the marriage takes place but there is a prohibition or conditions are not met, then the marriage is cancelled. In this case, the process of canceling a marriage has a method in which the party who feels aggrieved submits their case to court if a breastfeeding marriage occurs without the knowledge of the bride and groom, then it is obligatory to cancel the marriage, because it is very clear that Islam prohibits breast-feeding. Keywords: Breastfeeding, Civil Law, Compilation of Islamic Law
Juridical Review of Land Grants in Pandan Sub-District, Central Tapanuli Regency, in the Perspective of Law no.5 of 1960 on Basic Agrarian Principles Patricia, Andi Yohani; Lubis, Syofiaty
LEGAL BRIEF Vol. 13 No. 4 (2024): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i4.1100

Abstract

This study aims to conduct a juridical review of land grants based on Law No. 5 of 1966 TPA in the Pandan Subdistrict, Tapanuli Tengah Regency. The research method used is normative legal research with legislative, historical, and conceptual approaches. This study summarizes the findings of previous relevant studies, establishes the theoretical or conceptual framework used as a basis for analysis, discusses the findings and analysis that emerge from this study, and formulates the main conclusions along with relevant implications. The results of the study indicate that a deep understanding of the legal regulations governing land grants is crucial, and active involvement from all relevant parties is also required. Furthermore, a balanced consideration of moral aspects and legal values must also be observed in the land grant process. The implication of this study is the need for an enhanced legal understanding among all parties involved in land grant transactions and collaborative efforts to ensure the effective implementation of existing legal regulations
Co-Authors Chandra, Irgi Fahreza Hannum, Syarifah Hasan, Miftahul Lubis, Syofiaty Nasution, Kumala Sari Nasution, Kumala Sari   Rangkuti, Rahmad Efendi Sitorus, Purnama Manda Yulia, Tengku Bebita Yulita, Tengku Bebita