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Physical Handicap as a Reason for Divorce: Case Study at the Sharia Court, Banda Aceh, Indonesia Makinara, Ihdi Karim; Ungel, Jamhuri; Arrazi, Fitrah
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 2 (2023): El-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i2.7836

Abstract

In the city of Banda Aceh, Indonesia, divorce is permissible in some circumstances including physical infirmities, such as when a husband experiences an erectile dysfunction. Under the Islamic law, divorce is permissible and the woman has the right to initiate divorce proceedings and pursue legal action. This study aims to examine the perspectives of judges at the Banda Aceh Syari'iyah Court regarding divorce cases involving individuals with physical disabilities. This study scrutinizes the practical legal methods employed by analyzing them from the perspective of the Islamic family law principles. This article analyzes the practical legal methods employed by studying the perspectives of the Islamic family law. Conversely, the process of collecting data entails scrutinizing documents, such as legal judgments, pertinent literature, and scholarly papers. According to Hanafi and Malikischolars, divorce due to physical inability is classified as talak ba'in, as determined by this study. Conversely, the Shafi'i and Hanbali schools are seen solely as a means to breach the sacrificial pact (fasakh). If this divorce is determined to be valid, the husband will have two opportunities to legally execute the divorce in order to remarry this woman. According to this, the Banda Aceh Sharia Court concluded that a husband's inability to perform sexually might be considered a valid reason for his inability to fulfill his responsibilities. Testimony from witnesses confirmed this, providing evidence that the legal proceedings adhered to Islamic law. Consequently, this study concludes that divorce occurs when a husband's physical impairment hinders his ability to fulfill his obligations, leading to the breakdown of the marriage. However, the Sharia Court provides a remedy (dispensation) to address the medical condition (impotence) so that the judges might take it into account when seeking reconciliation between the two parties, if the condition is resolved.
ANALYSIS OF THE DETERMINATION OF CIVIL CASE FEES IN THE DISTRICT COURT OF BANDA ACEH CITY : A STUDY OF SUPREME COURT DECISION No 03 of 2012 Deva Sari, Putri; Rahmatillah, Syarifah; Jamhuri
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 1 (2024): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jurista.v8i1.117

Abstract

This study aims to evaluate the implementation of civil case fee provisions based on PERMA No. 03/2012 and identify factors that influence the high or low cost of case determination. The data collection method used was field research, which involved direct observation and interviews with relevant parties at the District Court of Banda Aceh City. In this study, it was found that the Banda Aceh City District Court has implemented the provisions of PERMA No. 03/2012 well. The management of case costs is conducted in a transparent and accountable manner, with clear details of costs provided to the parties. In addition, the mechanism for refunding costs for cases that were canceled or terminated was also applied in accordance with the provisions. The fee-setting process was conducted by taking into account various factors affecting the level of fees, including administrative and operational costs. The results of the study indicate that the costs of determining civil cases in the District Court of Banda Aceh City are in accordance with the provisions of PERMA, which supports the achievement of fair and transparent justice. This research confirms the importance of compliance with PERMA in ensuring that the fees charged are fair and in accordance with the applicable provisions, as well as providing the necessary protection for litigants.
PERJANJIAN KERJASAMA PADA PENGGARAPAN LAHAN KEBUN KOPI DAN SISTEM BAGI TANAH DALAM PERSPEKTIF AKAD MUGHARASAH : Studi Tentang Implementasi Bagi Due Tanoh di Kalangan Petani Kopi di Kecamatan Atu Lintang Jamhuri; Amalia Jihad, Azka; Safitri, Amalia
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 1 No. 2 (2020): Al-Mudharabah : Jurnal ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v2i2.1294

Abstract

PERAN SUAMI DAN ISTRI DI ERA MILENIAL DALAM PERSPEKTIF HUKUM KELUARGA ISLAM (Studi di Wilayah Kecamatan Lut Tawar ) Rizka Selvia Tarmulo; Soraya Devy; Jamhuri
AHKAMUL USRAH: Jurnal S2 Hukum Keluarga dan Peradilan Islam Vol. 4 No. 2 (2024): MARET 2024 -AGUSTUS 2024
Publisher : Prodi Magister Hukum Keluarga Pascasarjana UIN Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ahkamulusrah.v4i2.5451

Abstract

The division of roles between husband and wife occurs because of the marriage bond. Sometimes the division of roles between husband and wife is considered unequal between one party, which can cause several conflicts. So, in order to create a harmonious family, the division of roles between husband and wife is made by mutual agreement. This research was conducted in Lut Tawar District, Central Aceh Regency. The purpose of this research is to see how the roles of husband and wife are divided in millennial families in the district. Lut Tawar and looked at the perspective of Islamic family law in the division of roles of husband and wife in millennial families in the district. Lut Tawar. The research method uses empirical research, with a qualitative approach. The results are described in the form of descriptive analytical data. The results of the research state that there are two forms of division of roles between husband and wife in millennial families in Kec society. Lut Tawar, including divisions that adopt a fully egalitarian approach and divisions that adopt an egalitarian approach but are still shackled by understanding the patriarchal cultural system. In the perspective of Islamic family law, the division of roles of husband and wife in millennial families in the community of Kec. Lut Tawar continues to follow the principles contained in religious provisions, only adapted to the context of changing times. In millennial families, there is greater emphasis on equality and balance in husband and wife relationships, as well as emphasizing the importance of mutual respect, cooperation and sharing responsibilities between husband and wife in accordance with Islamic principles of justice and love in the household.
ANALYSIS OF THE 'URF CONCERNING THE PROHIBITION OF NGALOR NGULON MATRIMONY IN TUMPAKKEPUH VILLAGE, BAKUNG, BLITAR Winarno, Rivaniansyah Siacahyo; Saipul Nasution; Jamhuri; Iman Nur Hidayat; Meitria Cahyani
Sahaja: Journal Sharia and Humanities Vol. 4 No. 1 (2025): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v4i1.398

Abstract

This study examines the practice of preventing marriage known as "Ngalor Ngulon" in Tumpakkepuh Village, which is primarily Muslim. This custom forbids marriage if the prospective groom's residence is situated in the north-west direction relative to the prospective bride's residence, as it is considered to result in calamities such as discord, mortality, or financial hardships. This research employs a qualitative methodology utilizing a sociological-legal framework. Data were collected via interviews with village heads, traditional authorities, religious leaders, and community members, in addition to direct observation. Literary analyses pertaining to Islamic jurisprudence concerning 'urf and matrimony further substantiate this research. The study's findings indicate that the practice of "Ngalor Ngulon" is categorized as 'urf fasid due to its lack of foundation in Islamic law. Islam does not forbid marriage depending on the orientation of the residence; instead, it underscores the fundamental principles and prerequisites of marriage. This tradition is preserved as a cultural heritage. This study aims to enhance the community's comprehension of the Islamic notion of marriage and to illuminate scholars' perspectives on the interplay between local customs and sharia law.
Penerapan Media Kartu Domino dalam Pendampingan Pembelajaran Al-Qur’an Hadist di Mi Nurul Huda Sumberpitu Dwi Prebrianti; Khoirul Anwar; Jamhuri
Khidmatuna: Jurnal Pengabdian Kepada Masyarakat Vol. 1 No. 1 (2020): Khidmatuna (Jurnal Pengabdian Kepada Masyarakat)
Publisher : Institut Agama Islam Sunan Kalijogo Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Media card is a media-based print, which is in the form of thick pieces of paper, the media card here is a media card domino a game card. The domino card media is usually rectangular, yellow, and there are red spots. This research uses qualitative research method and descriptive research type. While the collection of data obtained through observation, interviews, and documentation. Data analysis technique is descriptive qualitative. And to check the validity of data by using triangulation and increasing persistence. From the results of research that has been done, it can be concluded that the domino card used MI Nurul Huda Sumberpitu. The steps of application of domino card media are as follows: a. At the beginning of the month the teacher greets and accepts students, b. The teacher explains the material to be learned by writing the title on the board, c. The teacher introduces to what media students are being brought, d. The teacher takes one domino card which has been covered with paper on one part and already in writing with the material of al-Qur'an Hadist, e. After which the teacher attaches it to the cardboard already attached to the board, f. After which the teacher takes one more card that reads the meaning of the verse or its followings and attaches it to the cardboard.
KEGIATAN ESTRAKULIKULER PENCAK SILAT PAGAR NUSA SATRIA AGUNG DALAM MEMBENTUK PENDIDIKAN AKHLAK SISWA SMK NEGERI 2 SUKOREJO Jamhuri
Mu'allim Vol 3 No 2 (2021): Juli 2021
Publisher : Fakultas Agama Islam Universitas Yudharta Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35891/muallim.v3i2.2654

Abstract

Today many people are faced with probelematics, especially in the reduction of behavior or attitudes that deviate far from good character. The decline in deviant behavior is triggered by the influence of globalization and promiscuity. Globalization touches various aspects of human life such as economic activities, trade, and culture that are able to shape the character of world civilization that is different from before. The current moral crisis has devastated the values ​​of religious and cultural law and customs. Morals are very important for humans. The urgency of this morality is not only felt by humans in individual life, but also felt in family and community life, even it is also felt in the life of the nation or state. The purpose of this study is to: 1) To find out the implementation of the martial arts fence of the nusa satria agung fence in forming moral education in State Public School 2 Sukorejo. 2) To find out the values ​​of the education of pencak silat fence nusa satria in shaping the moral education in Smk Negeri 2 Sukorejo. 3) To find out what are the strengths and weaknesses of pencak silat in shaping the moral education in Smk Negeri 2 Sukorejo. This research was conducted with a qualitative method through a descriptive approach, because the focus of his research was the implementation of the martial arts fence of the nusa satria agung in shaping the moral education at SMK 2 Sukorejo. The data collection procedure performed is to use the method of observation, documentation and interviews. To analyze the data, researchers used data reduction analysis, data presentation, verification, checking the validity of the data, and triangulation. The results of this study indicate that: 1) the implementation of pencak silat fence nusa satria agung in shaping the moral education is carried out there are six stages including; (a) Opening and praying (b) Greeting fences nusa, (c) Warming up, (d) Material, (e) Art and sparring, (f) closing and praying. 2) The values ​​of pencak silat in the fence of nusa satria in forming moral education (a) Come early and get in the habit of saying greetings (b) discipline and never giving up, (c) relief activities. 3) What are the strengths and weaknesses of pencak silat in shaping moral education including: a) a vehicle for moral education, martial arts, a place for learning organizations. b) lack of competition performance, facilities and infrastructure, lack of concentration of learning.
PEMBIASAAN HABITUASI KEGIATAN RELIGIUS DALAM PEMBENTUKAN KECERDASAN SPIRITUAL SISWA DI MI MIFTAHUL ULUM SUMBERREJO Maisaroh, Siti; Jamhuri
Mu'allim Vol 4 No 1 (2022): Januari 2022
Publisher : Fakultas Agama Islam Universitas Yudharta Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35891/muallim.v4i1.2886

Abstract

Education is a conscious effort by the government, through guidance, teaching and training activities, which take place at school and outside of school for life, to prepare students to be able to play a role in a variety of environments precisely in the future. Various problems such as social change that is so large affect the attitude and behavior of a person. So that often seen damage to human behavior that occurs at this time in social and social life, such as lack of courtesy and good behavior in the family and community. For this reason, MI Miftahul Ulum Sumberrejo organizes religious activities that aim to make students familiar with religious activities and have good morals and behavior towards others. This study aims to describe the habituation of religious activities and habituation of religious activities in the formation of student intelligence at MI Miftahul Ulum Sumberrejo. This study uses a qualitative approach in this study, data collection techniques used are observation, interviews, and documentation. Data analysis techniques used in this study are data reduction, data presentation, drawing conclusions or verification. The results of this study indicate that: 1) religious activities in MI Miftahul Ulum Sumberrejo include; perform duha prayer, perform dzuhur prayers in congregation and read short letters, 2) Habituation of religious activities in the formation of students' spiritual intelligence, namely the teacher starts by saying good words, wearing polite clothes and teaching his students to always have a good personality, always be thankful for what you have, have an honest attitude. The formation of spiritual intelligence through religious activities, the school seeks to increase the potential of students to the maximum and also the level of spirituality of students can be embedded in students. While the method used in this activity is the habituation method.