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Imam Yazid
Universitas Islam Negeri Sumatera Utara
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Implementation Of Default Judgment In Article 19 Letter C Of Government Regulation Number 9 Of 1975 At The Religious Court Of Lubuk Pakam Anshari, Muhd. Khumaidi El; Rokan, Mustapa Khamal; Yazid, Imam
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 7, No 2 (2023): JHSS (Journal of Humanities and Social Studies)
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v7i2.8820

Abstract

Each husband and wife has the right to file for divorce in the Religious Court in accordance with Government Regulation Number 9 Article 19 Letter C of 1975 and Compilation of Islamic Law Number 1 Article 116 of 1991 concerning the grounds for divorce. This is stated in the judgment of the Religious Court of Lubuk Pakam Number 2612/Pdt.G/2019/PA-Lpk. The plaintiff is NL residing in Deli Serdang Regency, and the defendant is MSHN residing in Class II B Lubuk Pakam Penitentiary. It is explained in the case summary that the plaintiff and the defendant entered into marriage on February 12, 2017, and were blessed with 2 (two) children. Initially, the plaintiff's and defendant's household was harmonious and peaceful, but on April 27, 2018, the defendant was detained by the police and sentenced to 9 (nine) years in prison for the crime of "Unauthorized mediation of the sale and purchase of Class I Narcotics in non-plant form" based on the verdict of the Lubuk Pakam District Court Number 1809/Pid.Sus/2018/PN-Lbp dated October 1, 2018, and is currently incarcerated in the Class II B Lubuk Pakam Penitentiary. In the Religious Court of Lubuk Pakam, the process of implementing the default judgment was carried out in a single session during the first hearing scheduled by the Religious Court. This one-session implementation of the default judgment was only known to the Religious Court and some of the lawyers, as the community and students considered the court process to involve at least two hearings. Therefore, this research has three main issues. The results of the research and analysis of judgment Number 2612/Pdt.G/2019/PA-Lpk, and direct interviews conducted with the activist judges at the Religious Court of Lubuk Pakam, lead the author to conclude that the process of implementing the default judgment in judgment Number 2612/Pdt.G/2019/PA-Lpk at the Religious Court of Lubuk Pakam
Mahar Broh in Acehnese Singkil Marriage: Perspectives on Customary Law and Islamic Law Siregar, Ali Muktar; ananda, Faisar; Yazid, Imam
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 8, No 1 (2024): JHSS (Journal of Humanities and Social Studies)
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v8i1.9635

Abstract

This study aims to find out the dowry law in fuqaha studies. Knowing the provisions of Mahar Broh in the marriage of the Acehnese Singkil community. As well as to know the law of dowry broh according to Islamic law. This research uses qualitative type research methods with an ethnographic approach, to try to reveal and study a phenomenon in the Aceh Singkil region. This study used observational data collection techniques, interviews and documentation. This research data analysis technique uses data reduction, data presentation and data verification / conclusions. The results of this study show that (1) Fuqaha has agreed that dowry is a condition of validity for marriage  and no consent should be made to abolish it, Islamic Law has stipulated that the giving of dowry from a husband to his wife is mandatory in marriage. The size of the dowry is not limited. The dowry can be one thousand or a billion, but it can also be one hundred or fifty thousand rupiah, it can even be with a ring made of iron as long as the prospective wife likes and sincerely accepts it. (2) The provision of dowry with a dowry in the form of a dowry in the form of goods (gold) for which payment is suspended, there must be a guarantee in the form of a piece of land equal to the agreed amount of dowry. And the male party must pay off the dowry before the specified time limit, when the dowry is not paid then automatically the broh becomes the full property of the wife. (3) The giving of dowry in the marriage of the Aceh Singkil community can be a legal basis through several things, the dowry must be repaid before the promised time passes, A piece of land that is broh as a guarantee for dowry must be equivalent to the amount of dowry mentioned when contracting, only in the area of Aceh Singkil Regency because the community continues to preserve this culture. and legally Islam is better off going back to the Qur'an and Hadith
Analysis of Sigli Syariah Court Judges' Opinion On Ex-Husband's Marriage During Their Ex-Wife's Iddah Period Sukiati, S; Yazid, Imam; Irfan, Muhammad
Alhurriyah Vol 9 No 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v9i1.7771

Abstract

This research aims to answer the analysis of the Sigli Syariah Court Judge's views on Circular Letter of BIMAS Ministry of Religious Affairs of Indonesia (Surat Edaran BIMAS Islam Kementerian Agama RI) on Marriage During the Wife's Iddah Period. In 2021, the Islamic Community Guidance of the Indonesian Ministry of Religion issued Circular Letter Number: P-005/DJ.III/Hk.00.7/10/2021 concerning Marriage During the Wife's Iddah Period. In the provisions of letter E number 3 of the Circular Letter, it is stipulated that a man's ex-husband can marry another woman after his ex-wife's iddah period has been completed because it is feared that covert polygamy will occur. Interestingly, in the statutory provisions, there are no provisions relating to the prohibition on a man's ex-husband marrying another woman while he is still in his ex-wife's iddah period. This research is empirical legal research with a qualitative approach, and data collection in this research uses observation, interview techniques, and then analysis. This research found that, in Islamic law, there is no provision for an iddah period for men, and a man does not have to wait for the end of his ex-wife's iddah period if he wants to marry another woman. Sigli Syariah Court Judge argued that the Circular Letter No. P-005/DJ.III/Hk.00.7/10/2021 is in line with the al-maslahah al-ammah theory because it contains beneficial values and aims to avoid hidden polygamy. The value of the benefits contained in the circular letter will be properly realized if formal laws are followed.
Penegakan Hukum Terhadap Judi Online di Aceh Tenggara: Kendala dan Strategi Pemberantasan Rif'at, Rif'at; Yazid, Imam
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 1 (2025): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v9i1.10778

Abstract

This study aims to analyze the law enforcement against online gambling players in Aceh Tenggara Regency, particularly in the implementation of Qanun Aceh Number 6 of 2014 concerning Jinayat Law. This research uses a case study approach with an empirical legal research method. Primary data is obtained through interviews and observations with law enforcement officers, offenders, and the public regarding online gambling, while secondary data is collected from document reviews, regulations, and related literature. The research findings indicate that law enforcement against online gambling offenders in Aceh Tenggara has been carried out by law enforcement agencies, but the results are still not optimal as online gambling practices continue to expand. The main challenges faced are the lack of public awareness, limited technological resources, and insufficient training and coordination among agencies, which require a more effective strategy to address these issues.
Food Security and Consumer Protection: An Analysis of Sanctions on the Sale of Expired Food Products from the Perspective of Islamic Criminal Law and Positive Law in Indonesia Prasetiyo, Yogi; Yazid, Imam
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i1.8374

Abstract

The Sale of Expired Food Products: A Serious Violation That Poses Risks to Consumers' Physical and Psychological Health. This study aims to analyze the sanctions on selling expired food products from the perspective of Islamic Criminal Law and Law No. 8 of 1999 on Consumer Protection. Using a normative research method and comparative analysis, the study finds that Islamic Criminal Law emphasizes the moral aspect, such as the prohibition against causing harm to others (la darbar wa la dinar), with penalties adjusted according to intent and the impact of the violation, such as visas, diyat, or ta'zir. On the other hand, Law No. 8 of 1999 emphasizes legal certainty through criminal sanctions to protect consumers. The study highlights the similarities between the two legal systems in consumer protection but also notes the differing approaches, with Islamic Criminal Law focusing more on moral responsibility. At the same time, positive law emphasizes a deterrent effect legally. This research is expected to contribute to improving consumer protection regulations that are more comprehensive and just
Prohibition of Sexual Marriage in Batak Toba Samosir Traditions Perspective of Islamic Law Erwansyah, Erwansyah; Adly, Muhammad Amar; Yazid, Imam
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 8 No 1 (2025): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v8i2.6509

Abstract

Regulations regarding mahram and the prohibition of intermarriage in Samosir Batak society are some of the important aspects that influence social life and marriage. The clan in the Samosir Batak tradition has a very central position, so the prohibition on intermarriage within the clan is regulated to maintain the purity of the lineage and social harmony. In Islamic law, the prohibition on intermarriage can be analogous to the prohibition against mahram, namely people who are forbidden to marry because of blood or marriage relations. This research aims to examine the relationship between mahram in Islamic law and the prohibition of intermarriage in Samosir Batak custom, as well as explore the similarities and differences between the two. The method used is descriptive qualitative with a normative approach. The research results show that there are similar goals between the two systems in protecting offspring and family honor. However, there are differences in determining which parties are considered mahram and semarga. This research suggests that there should be a deeper understanding of these two systems to create a balance between religious and customary law in Samosir Batak society. Even though there are differences in determining who is considered a mahram in Islamic law and who is considered a clan in Samosir Batak custom, these two systems have the same goals of maintaining family honor, protecting legitimate descendants, and preventing marriage within a close lineage. Socialization and Education require more intensive outreach efforts regarding the differences and similarities between mahram in Islamic law and the prohibition on intermarriage in Samosir Batak custom. This is important to provide a clear understanding to the community, especially the younger generation so that they can live their religious and traditional lives in harmony.
RESPONSE OF THE PEOPLE OF BATUBARA REGENCY TO THE MUI BATUBARA FATWA ON THE PROHIBITION OF MARRIAGE BY WALI MUHAKKAM Mirdiana Putri Ibsah; Sukiati; Imam Yazid
SANGKéP: Jurnal Kajian Sosial Keagamaan Vol. 7 No. 2 (2024): The Social and Cultural Impact of Technological Change, Education, and Traditio
Publisher : Prodi Sosiologi Agama dan Asosiasi Sosiologi Agama Indonesia (ASAGI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/sangkep.v7i2.11049

Abstract

In Indonesia regulations, namely the Compilation of Islamic Law (KHI) that are recognized as guardians, there are only two, namely the guardian of the nasab and the guardian of the judge and there is no mention of the guardian of the muhakkam. However, the reality is that in the community it is known that there is a marriage by the wali muhakkam in Batubara district. Wali muhakkam is a person appointed by both prospective husband and wife to act as guardian in the marriage contract. The legalization is because there is an opinion of jurisprudence scholars who allow marriage by the wali muhakkam. This is where there is a gap between the regulations of the Compilation of Islamic Law (KHI) and what happens in the coal community what should happen. From here, the problem arises that there are those who complain and demand rights in terms of the child's birth certificate and the inheritance rights that they should get, because from the beginning the bride and wife were not officially registered by the Marriage Registration Committee (PPN), so the problem became a dilemma for ordinary people who did not understand the pillars of marriage in Islam in its entirety. The purpose of this study is to find out the marriage by the muhakkam guardian  in Batubara district, as well as to find out the community's response to the MUI Batubara Fatwa regarding the prohibition of marriage by the muhakkam guardian. The research method used in this study uses the type of empirical or field juridical research and is descriptive analytical. In this case, the source of research information was obtained from the Muslim Community of Batubara district who carried out the appointment of muhakkam guardians. The results of this study show that the wali muhakkam is not valid as long as the wali nasab and wali hakim are still there.
Religious and Customary Perspectives on the Transition Process of Guardians in Malojongkon Boru Marriage Practices Hasibuan, Ahmad Ridoan; Yazid, Imam; Firmansyah, Heri
Jurnal Fuaduna : Jurnal Kajian Keagamaan dan Kemasyarakatan Vol. 8 No. 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/fuaduna.v8i1.8530

Abstract

One of the most common issues in marriage is the marriage contract, which might take days to finalize. It happens when a guardian refuses to marry off his daughter because he disapproves of the marriage. Therefore, Malojongkon Boru is frequently practiced to get the approval of the woman's guardian or father. The subject of discussion for this study is the transition of the nasab guardian to the judge guardian in the practice of Malojongkon Boru. The focus of the problem in this study is the perspective of Indonesian Ulema Council (MUI) and Traditional Leaders on the transition of nasab guardian to the judge guardian in Malojongkon Boru marriage practice. This study is a field research with a qualitative approach. The data sources are classified into field data as primary data, including interviews and documentation, and literature data as secondary data. The findings indicate that MUI and Traditional Leaders view the transition of marriage guardians in the practice of Malojongkon Boru marriage as conducted in conformity with Islamic law.
Comparative Analysis of Looting Crimes: A Legal Perspective from Indonesia’s Positive Criminal Law and Islamic Criminal Law Reza Fauzan; Imam Yazid
Al-Risalah Vol 25 No 1 (2025): MAY (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.55815

Abstract

Looting is a serious criminal act that not only leads to material losses but also disrupts societal stability and security. This study aims to comparatively analyze the handling of looting crimes within Indonesia’s positive criminal law and Islamic criminal law to identify key differences and potential areas for legal integration. This research employs a qualitative approach with a normative juridical method, focusing on literature analysis, doctrinal studies, and relevant legal regulations. The study examines legal texts and interpretations to understand how looting is categorized and sanctioned within both legal frameworks. The findings indicate that under Indonesia’s positive criminal law, looting is classified as theft with violence under Article 365 of the Criminal Code (KUHP), with penalties in the form of imprisonment, adjusted based on the crime’s circumstances and impact. In contrast, Islamic criminal law categorizes looting as hirabah, a severe offense punishable by hudud sanctions, such as cross-amputation, to uphold maqasid shari’ah, ensuring the protection of religion, life, lineage, property, and intellect. The primary difference lies in the flexibility of sentencing in positive law versus the fixed and deterrent nature of Islamic law. This study provides a unique comparative perspective by analyzing both legal systems in the context of looting crimes. While existing research often examines these legal frameworks separately, this study explores their intersections and the potential for legal integration to enhance justice and crime prevention. The integration of Indonesia’s positive criminal law and Islamic criminal law could establish a more comprehensive, effective, and just legal framework for addressing looting crimes. By combining the proportional sentencing of positive law with the strong deterrence of Islamic law, policymakers may develop a more balanced approach to crime prevention and law enforcement.
RESPONSE OF THE PEOPLE OF BATUBARA REGENCY TO THE MUI BATUBARA FATWA ON THE PROHIBITION OF MARRIAGE BY WALI MUHAKKAM Ibsah, Mirdiana Putri; Sukiati; Imam Yazid
SANGKéP: Jurnal Kajian Sosial Keagamaan Vol. 7 No. 2 (2024): Social Change and Educational Dynamics in Contemporary Indonesia
Publisher : UIN Mataram dan Asosiasi Sosiologi Agama Indonesia (ASAGI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/sangkep.v7i2.11049

Abstract

In Indonesia regulations, namely the Compilation of Islamic Law (KHI) that are recognized as guardians, there are only two, namely the guardian of the nasab and the guardian of the judge and there is no mention of the guardian of the muhakkam. However, the reality is that in the community it is known that there is a marriage by the wali muhakkam in Batubara district. Wali muhakkam is a person appointed by both prospective husband and wife to act as guardian in the marriage contract. The legalization is because there is an opinion of jurisprudence scholars who allow marriage by the wali muhakkam. This is where there is a gap between the regulations of the Compilation of Islamic Law (KHI) and what happens in the coal community what should happen. From here, the problem arises that there are those who complain and demand rights in terms of the child's birth certificate and the inheritance rights that they should get, because from the beginning the bride and wife were not officially registered by the Marriage Registration Committee (PPN), so the problem became a dilemma for ordinary people who did not understand the pillars of marriage in Islam in its entirety. The purpose of this study is to find out the marriage by the muhakkam guardian  in Batubara district, as well as to find out the community's response to the MUI Batubara Fatwa regarding the prohibition of marriage by the muhakkam guardian. The research method used in this study uses the type of empirical or field juridical research and is descriptive analytical. In this case, the source of research information was obtained from the Muslim Community of Batubara district who carried out the appointment of muhakkam guardians. The results of this study show that the wali muhakkam is not valid as long as the wali nasab and wali hakim are still there.
Co-Authors Adilla Putri Putri Adly, M. Amar Ahmad Tamami Amin, Ade Ulfa Ananda, Faisar Anisah Nasution Annisa Silitonga Anshari, Muhd. Khumaidi El Apriansyah, Adit ARDIANSYAH ARDIANSYAH Aryani, Winda Intan Bagus Ramadi Batubara, Alvi Mawaddah Damanik, Dian Farindah Dea Amalia Putri Delti Hidayati Erwansyah, Erwansyah Fachrul Dhamanhuri Herman Fatimah Zahara Fatimah Zahara Fikri Al Muhaddits Fitri Suryani Sihombing Fitria, Chici Fri Yosmen Haniyah Haniyah Harahap, Khairuddin Soleh Harahap, Puspa Indriani Hasanuddin Hasanuddin Hasibuan, Ahmad Ridoan Heri Firmansyah Ibsah, Mirdiana Putri Ilmi Aulia Ismail Iwan Iwan Jannah, Nurul Miftahul Kartika, Chairany Khotimah, Dinda Nurul M Amar Adly Makky, Ahmad Marwah Amelia Sari Harahap Mhd. Eko Nanda Siregar Mhd. Fadli Al Hadi Mirdiana Putri Ibsah Muhammad Ali Akbar, Muhammad Ali Muhammad Amar Adly Muhammad Amar Adly, Muhammad Amar Muhammad Fadhil Muhammad Faisal Hamdani Muhammad Irfan Muhammad Syukri Albani Muhammad Syukri Albani Nasution Muhammad Zulfikar Mustapa  Khamal  Rokan Muzakir Nainggolan, Miftah Al Azrin Nasution, Muhammad Roihan Nasution, Saphira Husna Nisya Rahmaini Marpaung Nur Halimah Assa’diah Nurcahaya Nurcahaya Nurcahaya, Nurcahaya Nurlaini Milo Siregar Nurul Huda Prasetiyo, Yogi Pryambudi, Muhammad Qorib, Ahmad Rahmi Lestari Hutagalung Reza Fauzan Rif'at, Rif'at Ririn Oktaviani Salsabila Nailul Muna Lubis Sholak, Desmawan Sholeh Kamil Sihombing, Fitri Suryani Siregar, Ali Muktar Siti Wahyuni Panjaitan Solahuddin Nasution Sri Suci Ayu Sundari Sukiati Sukiati Sukiati Sukiati Sukiati, S Syafiq, Syafiq Aljani Siagian Syafruddin Syam Syahputra, Akmaluddin Tetty Marlina Tarigan Turnip, Devi Cantika Wandasari, Opi Wulan Dari, Wulan Zulkarnain Zulkarnain Zulkarnain Zulkarnain