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All Journal Tafaqquh: Jurnal Penelitian Dan Kajian Keislaman
Ilman Huda, M. Al Amin
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Religion Arts Humanities Economics, Econometrics & Finance Education Social Sciences

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Pengangkatan Anak dan Akibat Hukumnya di Pengadilan Agama Jombang: (Analisis Penetapan Perkara Nomor 611 Pdt.P 2022 PA.Jbg.) Ilman Huda, M. Al Amin; Mashudi, Mashudi
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 11 No. 2 (2023): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/tafaqquh.v11i2.2073

Abstract

Adoption is taking other people's children to be their own children. The process of adopting a child must go through a court order. This determination is made by the prospective adoptive parents and the biological parents of the child who is adopted to submit a case for the application for adoption to the Religious Courts. The government issued a policy for the welfare and protection of adopted children so that they have legal force by passing Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 Article 49 letter (a) number (20) concerning the Religious Courts. This type of research is field research conducted at the Class IA Jombang Religious Court to obtain primary and secondary data. Primary data is used to obtain information about the judge's considerations in giving a determination of adoption and the court process for determining adoption. Obtained by interviewing Judges who have experience in determining cases of adoption. Secondary data is data related to this research in the form of copies of stipulations and books related to stipulations of child adoption. The results of this study are to discuss cases of stipulation of child adoption in the Jombang Religious Court in receiving, examining, adjudicating and deciding the case so that can generate determinations. The case discussed in this study is Case Number 611/Pdt.P/2022/PA.Jbg at the Jombang Religious Court, in this case the Panel of Judges granted and determined the case for determining the adoption of a child by the applicant by looking at various aspects and existing considerations. The Panel of Judges gave a stipulation in this case through considerations that support the granting of the request, these considerations are due to several reasons and facts that exist and deserve to be accepted and given a stipulation by the Panel of Judges on the basis of positive law and the basis of Islamic law which governs it, so that will strengthen the stipulation handed down by the Panel of Judges during the trial in giving the stipulation of child adoption to the applicant. In the trial for the determination of adoption there are no replic and duplic because in this case there is no dispute or opponent, so the stipulation is only stipulation (declaratoir). Therefore, the Government enacted Law Number 54 of 2007 concerning adoption which also plays a role in outreach to the community through activities: counseling, consultation, counselling, mentoring and training to help the community get information and understand the requirements, procedures and procedures method of adoption.
Perkembangan Hukum Keluarga Islam Pada Masa Kerajaan di Indonesia Ilman Huda, M. Al Amin; Holik, Abd.
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 11 No. 2 (2023): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/tafaqquh.v11i2.2151

Abstract

This article discusses three Islamic kingdoms in Indonesia, namely the Aceh Darussalam Kingdom (1496 AD – 1903), the Islamic Mataram Kingdom (1588-1681), and the Gowa-Tallo Kingdom (1591-1669). The main focus is on the government system, judiciary, and legal sources used by the three kingdoms. The Kingdom of Aceh Darussalam, located in Aceh, Sumatra, has an organized and efficient government system. They developed a military education system, fought European imperialism, and had a strong commitment to Islam. Sources of law include custom, law, qanun, reusam, and the book of fiqh, with the Sultan as the supreme law maker. The Islamic Mataram Kingdom, established in Java, combined Hindu-Islam through Islamization. The government system integrates Islamic law and Javanese customs. Sultan Agung implemented Islamic law in the judiciary, incorporating civil and criminal law, and appointed individuals with an understanding of Islam in the judiciary. The Kingdom of Gowa-Tallo in Sulawesi adopted Islam as its official religion in 1605 AD. The King of Gowa-Tallo appointed sharia officials equivalent to adek officials, established a level III court, and managed zakat and alms funds to support Islamic religious justice. These three kingdoms demonstrate the importance of Islam in the government, justice and legal systems of Indonesia's past, combining religious teachings with local traditions to create a system that functioned effectively.
Co-Authors Holik, Abd. Mashudi Mashudi