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Journal : Pendas : Jurnah Ilmiah Pendidikan Dasar

PENGANGKATAN BAPAK ANGKAT BAGI CALON PENGANTIN LAKI-LAKI DALAM PERSPEKTIF HUKUM ISLAM (STUDI DI KECAMATAN BATHIN VIII) Rinaldi; Hermanto Harun; Robiatul Adawiyah
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 10 No. 01 (2025): Volume 10 Nomor 1, Maret 2025
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v10i01.22924

Abstract

This study aims: (1) To find out the practice of appointing adoptive fathers in the marriage procession in Bathin VIII Sub-district. (2) To determine the status of the position of the appointment of the adoptive father according to Islamic Law in Bathin VIII sub-district. (3) To find out the practice of adopting children according to Islamic Law in Bathin VIII Subdistrict. This research method is qualitative description with content analysis approach on juridical elmpiris. This approach can be explained as a legal research on how to apply and implement nullrmative legal regulations in real situations. The results of this study indicate that: (1) The process and practice of adopting a foster father in the customary society of Teluk Kecimbung emphasizes more on social and cultural functions, especially in maintaining good relations between the two families. This appointment is not related to the legal adoption of children in the context of Islamic law. (2) The status of the adoptive father according to Islamic law is not recognized as a guardian or a party with a certain legal position in the family. The role of the adoptive father in this custom is more in the nature of social relations in establishing good relations in the family and community. (3) The practice of appointing adoptive fathers according to Islamic law does not change a person's position in the Islamic family structure because this appointment is more symbolic in maintaining communication between families and solving social problems that arise, not as a legal family bond according to religion. The actualization of this custom is part of culture, custom, and the actualization of Islamic teachings through the tradition of appointing adoptive fathers, which has an important role for the community.
PENYELESAIAN ITSBAT NIKAH PASCA PEMBAHARUAN UNDANG-UNDANG PERKAWINAN DI PENGADILAN AGAMA MUARA SABAK Fitria Wahyu Ningrum; Hermanto Harun; Fuad Rahman
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 10 No. 02 (2025): Volume 10 No. 02 Juni 2025 In Press
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v10i02.24476

Abstract

The purpose of the study was to obtain empirical data on the completion of itsbat nikah before and after the reform of the Marriage Law. The research uses a mixed method that combines quantitative approaches based on numbers and statistics and qualitative approaches based on narrative and description. The approach used is legal sociology and saddu al-dzariyah with a utilitarianism paradigm. Primary data sources include the Chairperson, Registrar, Judges, Information Officer at the Muara Sabak Religious Court, KUA, and the community of East Tanjung Jabung Regency. Secondary data are scientific books, journals, decisions, case statistics, and annual reports. Data collection techniques were conducted through questionnaire surveys and analysis of case results with method triangulation techniques to test the validity of the data. The results showed that: (1) People in Muara Sabak have a positive view of marriage regulations and increasingly realize the importance of marriage registration. However, understanding of itsbat nikah still varies, influenced by educational factors and access to information. Marriage practices remain influenced by culture, tradition and socio-economic conditions affect the decision to marry. (2) The pre- and post-reform isbat nikah mechanisms show that although the basic mechanism has not changed significantly, there have been improvements in the requirements and stricter procedures to ensure the validity of marriages. The Constitutional Court's decision expanding the scope of isbat nikah has also had an effect on the recognition of the rights of children from unregistered marriages. (3) Regarding the space for judges in responding to isbat nikah applications, there is flexibility and adaptation in legal practice in the Religious Courts. After the reform of the Marriage Law, judges were given more room to exercise “ijtihad” in assessing applications for isbat nikah, including for marriages performed after the enactment of the law, thus reflecting the court's efforts to meet the community's need for legal certainty regarding marital status.