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All Journal Tahqiqa: Jurnal Pemikiran Hukum Islam Jurnal Riset Hukum, Ekonomi Islam, ekonomi, Manajemen dan Akuntansi
Izwany, Bonita
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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KEDUDUKAN ISTRI YANG DINIKAHI SECARA SIRI MENURUT HUKUM PERDATA DAN HUKUM ISLAM DALAM MEMPEROLEH HAK WARIS Izwany, Bonita; Syahputra, Muhammad Herry
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 14 No. 2 (2020): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

The purpose of this research is to find out the rights and positions of married wives in series in obtaining inheritance, the rights of married wives in series according to the Civil Law and Islamic Law that apply mainly based on the perspective of Civil Law and Islamic Law, and the legal impact arising from siri marriage in obtaining inheritance. To obtain data in writing this thesis, literature research was conducted. The results of the study are known that the position of the married wife in series according to the provisions of Civil Law and Islamic Law in promo tinging the right of inheritance is weak. Both Civil Law and Islamic Law have similarities and differences between the two legal systems, especially regarding the rights of married wives in series. The negative impact of siri marriage is very influential for wife and son not to mention the impacts that will be inflicted in the long run. It is recommended to create a legal and administrative order, so that the couple who want to perform the marriage in accordance with the provisions of religion and the prevailing laws and regulations so that there are no problems that will arise in the future. to the government to vigorously socialize the benefits of marriage recording and the impact of siri marriage especially on wives and children.
Comparative Study of Sales Contracts in Law Mariana, Mariana; Amri, Amsanul; Kheriah, Kheriah; Izwany, Bonita; Kamaliah, Nurul
HEI EMA : Jurnal Riset Hukum, Ekonomi Islam, Ekonomi, Manajemen dan Akuntansi Vol. 4 No. 1 (2025): Januari
Publisher : Prodi Hukum Ekonomi Syariah, STI Syariah AL-Hilal SIgli

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/heiema.v4i1.280

Abstract

This study aims to analyze the differences between Islamic Law (Sharia) and Civil Law in the application of sales contracts, as well as the practical implementation of both legal systems in daily transactions. Islamic Law emphasizes moral and ethical aspects by ensuring transactions are free from prohibited elements such as riba, gharar, and maysir, while Civil Law focuses more on legality and the freedom of contract. This research employs a descriptive qualitative method with a normative juridical approach, examining legal provisions and the practice of sales contracts based on data from primary, secondary, and tertiary sources. The findings show that the rules and conditions of sales contracts in Islamic Law are stricter, prioritizing compliance with Islamic principles, while Civil Law is more flexible in agreements between parties. The application of contracts such as murabaha, salam, and istisna in Islamic finance institutions reflects a commitment to moral principles, whereas sales contracts in Civil Law are more common in markets and commercial activities. This study provides recommendations for harmonizing both legal systems to create transactions that are fair and in accordance with the social values upheld by society.
DISKRESI POLISI DALAM PENANGANAN TINDAK PIDANA PENCURIAN: Studi Kasus di Wilayah Hukum Polsek Pidie Izwany, Bonita; Diana, Ema
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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This study aims to find out about police discretion in handling theft crimes (case study in the jurisdiction of the Pidie Police). The research method used in compiling this thesis is a qualitative method to obtain data in the field, the author uses the Library research method (library research) and field research (field research), namely by using observation, interview, and documentation techniques. The results of the study indicate that the Police's efforts in the form of preventing theft crimes by providing protection to the public so as not to become victims of other thefts and the Mechanism taken by the police in resolving the problem of theft against reports received by the police is the first by visiting the Crime Scene (TKP), examining the victim and witnesses or the Examination Report (BAP). 2. The obstacles faced by the police chief in resolving the existing problems are inadequate facilities and infrastructure, disconnected information networks, lack of evidence and witnesses, apathetic society, inadequate supporting facilities at the crime scene. The role of the police in handling cases of minor theft is based on the memorandum of understanding between the court, the prosecutor's office and the police which normatively states that if the stolen amount is less than two million five hundred thousand rupiah, it will be resolved in the village or from the police chief's program, namely restorative justice, if more than two million five hundred thousand rupiah is taken, it must be resolved in court, and if someone reports this minor theft crime, we will still process it by calling the suspects and victims or giving customary sanctions.
STUDI KOMPARATIF DELIK PENISTAAN AGAMA DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM Izwany, Bonita; Firdaus, Firdaus
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 16 No. 2 (2022): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This study aims to explain the sanctions for religious blasphemy according to Islamic law and positive law. Indonesia is a country that guarantees freedom of religion for everyone as stated in Article 28 letter E of the 1945 Constitution of the Republic of Indonesia. In this case, the Qur'an prohibits everyone from insulting other people's religions, as contained in surah al-An'am verse 108. So this writing can provide an explanation of the sanctions for blasphemy in Islam and positive law. The results of the research show that the offense of blasphemy in jinayah fiqh has clearer legal regulations and stricter sanctions. Meanwhile, the offense of religious blasphemy in the Criminal Code has an unclear formulation and sanctions that do not have a deterrent effect on perpetrators of religious blasphemy. Jumhur Ulama agrees that if the perpetrator is a Muslim or infidel, then the law for that person is apostasy and is punishable by death. However, Ulama differ in their opinions regarding the law imposed if the perpetrator is a dhimmi infidel.
KHULU’; PENYEIMBANG OTORITAS (INISIASI) CERAI DALAM SURAH AL-BAQARAH AYAT 229 Aldin, Alfattiah; Izwany, Bonita
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v18i1.206

Abstract

The life of a husband and wife in a household can only be upright if there is calm, affection, good association and each party carries out their obligations properly. But sometimes it happens that the husband hates his wife or the wife hates her husband. This means that if the marriage relationship is continued, harm will occur. So that at a time like this, Islam allows the dissolution of marriage as the last step in efforts to continue the household. And if hatred is on the part of the husband, then divorce is in his hand, which is one of his rights, but if hatred is on the part of the wife, then Islam allows her to redeem herself in the khulu way, namely returning the dowry to her husband to end the bond as husband and wife. In terms of the form of divorce that occurs as a result of khulu', several scholars differ in opinion. The first opinion, one of the narrations from Imam Ahmad says that khulu' is fasakh while the opinion of other scholars says that khulu' is divorce so this difference of opinion brings legal consequences how many times it is permissible to do khulu'. Based on this, the author wants to try to analyze the opinion of Ibn Hanbal who said that khulu' is fasakh. The results of the author's analysis show that divorce by way of khulu' takes the form of talak because this is in accordance with the statement of Surah Al-Baqarah verse 229 which says that khulu' cannot be referred to except with a new marriage, besides that Ibn Hanbal's opinion about khulu' as fasakh is not in accordance with the KHI where the KHI is the guideline for judges at the Religious Courts in resolving marital or divorce issues, and this is in accordance with articles 161 and 155 of the KHI.
Co-Authors Aldin, Alfattiah Amri, Amsanul Diana, Ema Firdaus Firdaus Kamaliah, Nurul Kheriah, Kheriah Mariana Mariana Syahputra, Muhammad Herry