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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam International Journal of Sustainable Law
Yulia Rahman, Hendra
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Legal Considerations of Domestic Violence in Divorce (Case study at the Merauke Religious Court No. 254 / Pdt.G / 2022 / PA. Mrk) Suwarno, Suwarno; Yulia Rahman, Hendra; Al Abza, M.Thohar
International Journal of Sustainable Law Vol. 1 No. 2 (2024)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/w889z485

Abstract

Violence in Rmah Tangga (KDRT) is one of the reasons that is often used as the basis for divorce applications in court. This study aims to analyze the legal considerations desired by the judges of the Merauke Religious Court in deciding divorce cases on the basis of domestic violence in decision Number 254/Pdt.G/2022/PA.M. This research uses qualitative research methods. By using an empirical study or case study approach. The data collection is sourced from the results of the decision of case Number 254/Pdt.G/2022/PA. Mrk and interview. The results of the study indicated that case Number 254/Pdt.G/2022/PA. The reason that makes the plaintiff in this case the wife filed for divorce from the defendant who is none other than her husband is the first physical violence. The plaintiff said that this physical violence was in the form of beating and kicking the plaintiff which had an impact on bruises on his body. The second reason for the plaintiff is the existence of Psychological Violence, namely the defendant always says rude words that cause fear and threats to the plaintiff. The subsequent finding is that case Number 254/Pdt.G/2022/PA. Mrk mentioned that the judge in considering the filing of divorce on the grounds of Syiqaq or the existence of continuous quarrels and disputes. These legal considerations certainly obscure the reasons put forward by the plaintiff under the pretext of domestic violence, namely the existence of physical and psychological violence. In general, of course, the judge in considering the law in the decision has been fair, that is, the judge is based on benefits. Which if this case is not granted, it will cause great benefits or harm to one of the parties.
Mappaenre Doi dalam Perspektif Fikih Munakahat (Studi Kasus Adat Pernikahan Suku Bugis di Lampu Satu Samkai Merauke): Mappaenre Doi in Fiqh of Munākaḥāt Perspective (Case Study of Bugis Tribe Wedding Traditions in Lampu Satu Samkai Merauke) Nurdiah, Nurdiah; Yulia Rahman, Hendra; Al Abza, M. Thohar
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 5 No. 3 (2024): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v5i3.1506

Abstract

Mappaenre Doi is a tradition in the Bugis tribe that is carried out before the wedding ceremony. Perspectives on the Mappanri Doi tradition in the Bugis community and among the scholars have differences. This study aims to analyze the process of Mappaenre Doi of Bugis custom in Merauke and to analyze the implications of Mappaenre Doi in the perspective of fikih munakahat. This type of research is qualitative. The data collection technique used is the exploratory method through observation, interviews, and documentation conducted in Lampu Satu Samkai Village, Merauke Regency, for three months starting from March 2023 to June 2023. The data obtained was tested for validity using credibility and triangulation tests, and then analyzed descriptively. The results showed that: 1) Mappaenre Doi process, namely: a) the male family negotiates with the female party to discuss the nominal amount of Mappaenre Doi money until reaching an agreement; b) determine when the male family will meet to submit the agreed Mappaenre Doi; c) the male party visits the female party's house to submit Mappaenre Doi; and d) determine the time of marriage when Mappaenre Doi has been submitted. 2) The implication of Mappanrae Doi in the perspective of fikih munakahat is the process of negotiating the provision of dowry to the prospective wife, and it is recommended to the woman not to ask for excessive dowry, as long as it does not violate sharia principles. The study of this research shows that the Mappaenre Doi process in the Bugis traditional marriage tradition in Merauke Regency is determined through negotiations between the families of the male and female parties, and the Mappaenre Doi tradition is valid according to Islamic law.
Co-Authors Al Abza, M.Thohar M. Thohar Al-Abza Nurdiah, Nurdiah Suwarno Suwarno