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Qiyas : Jurnal Hukum Islam dan Peradilan

QIYAS
Website

Published by Institut Agama Islam Negeri Bengkulu

ISSN : 25033794 EISSN : 2686253X DOI : http://dx.doi.org/10.29300/qys

Core Subject : Religion, Humanities, Social,

Religion Humanities Law, Crime, Criminology & Criminal Justice

Qiyas Journal of Islamic Law and Justice is a scientific journal managed by a team of professionals and experts in their fields. The journal Qiyas Islamic Law and Justice posted various writings both from professionals, researchers, academics and the public. Every writing that apply to the management team will be selected first, if the writings proposed by the new author, it will be edited and published by the manager. Qiyas Islamic Law and Justice is published by IAIN Bengkulu Press, which is published 2 (two) times a year.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 13 Documents

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Search results for , issue "Vol 3, No 1 (2018): APRIL" : 13 Documents clear

UPAYA PEREMPUAN KARIER DALAM MEWUJUDKAN KELUARGA SAKINAH (Studi Kasus Hakim Perempuan Di Pengadilan Kota Bengkulu) Santi Susanti
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 1 (2018): APRIL
Publisher : IAIN Bengkulu

The purpose of this research is to know the efforts of female judges in realizing happy family. The research was conducted in Bengkulu City Court, March-June 2017. The research method used was survey method and data retrieval technique was done by observation and open interview. Data were analyzed descriptively qualitative. The results show that there are women’s judges to realize their family, including building effective communication, keeping commitments to put aside the suspicion, willingness to give up the right to receive income, paying household assistants to do housekeep- ing, increasing the intensity of romanticism in the household, controlling emotions, supporting the wife’s career, strength- ening religious knowledge in the family, equating perception

KEDEWASAAN MENIKAH PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA Azwandi Azwandi
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 1 (2018): APRIL
Publisher : IAIN Bengkulu

This study concludes that: 1) maturity according to Islamic law is marriage done within the boundary of a person has entered the baligh phase. Married adults are an attempt to minimize the problems that make the concept of sakinah, mawaddah and rahmah households will not be achieved. Households need to be built on the basis of maturity so as to cause psychological maturity of each partner either husband or wife. This maturity will generate thoughts, attitudes and behaviors that also mature in the household. Islamic Shari’a wants people who want to marry is really people who are ready mentally, physically and psy- chologically, mature and understand the meaning of a marriage that is part of worship. 2) married maturity according to Law No. 1 of 1974 is enacted in order to provide protection, justice and safeguard the human side of Indonesian society. Married maturity in Law No. 1 of 1974 aims to prevent the occurrence of marriage of children, so that young men who become hus- band and wife really have matured the soul of his body in forming a happy and eternal family. According to the Compilation of Islamic Law, the age limit of an independent or adult child is twenty-one years, as long as the child is not physically or mentally disabled or has never married

HIBAH ORANG TUA KEPADA ANAK MENURUT PERSFEKTIF HUKUM PERDATA DAN HUKUM ISLAM PADA MASYARAKAT DI KELURAHAN BETUNGAN KOTA BENGKULU Yuvita Yuvita
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 1 (2018): APRIL
Publisher : IAIN Bengkulu

This research raises the problem about the implementation of parent grants to children between justice and equity in urban village of Bengkulu. This research method using qualitative research method. The results of this study concluded that the implementation of parental grants to children in the perspective of civil law in the community in Betungan Village Bengkulu City has implemented a grant in accordance with article 1667 contained in the Book of Civil Law, an agreement, with which a grantee deliver a good Free of charge, without being able to withdraw it, for the benefit of a person who received the delivery of the merchandise. The law only recognizes grants among the living. (KUHPerd 170, 172ff., 179, 913, 1314, 1675, 1683, 1688.). Implementation of parent grants to children in the perspective of Islamic law in the community in Betungan Village Bengkulu City, Implementation of grants conducted by the community in Betungan Village has been implemented well, and follow the rules in accordance with the provisions. Being fair and equating giving to children is obligatory. Doing tafdhil (exaggeration) is forbidden, except when there are factors that allow it. It is permissible to treat others against fellow children if there are any exclusionary factors justified in the case of a disability that makes a person unable to work in search of a livelihood such as paralysis, blindness, inability to work, to seek knowledge and others

EFEKTIFITAS KEBIJAKAN KURSUS CALON PENGANTIN DALAM PENGUATAN KELUARGA MUDA (Studi Pada Kantor Urusan Agama Kecamatan Ratu Samban Kota Bengkulu) Rahmi Fitri
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 1 (2018): APRIL
Publisher : IAIN Bengkulu

The study concluded that: first, the policy taken by the head of the KUA Kecamatan Ratu Samban suscatin services was related to schedule the execution of suscatin, providing a free service to any of the participants suscatin, implement the suscatin for 2 hours with priority material pertaining to marriage and households only. Second, the implementation of suscatin in KUA Kecamatan Ratu Samban held as much as 2 times in a week, namely on Thursday. Participants who follow suscatin at KUA Kecamatan Ratu Samban average each week 2 – 3 couples or 8 – 12 pairs per month. The material provided among others the procedures for marriage, wedding, Fiqh rules on marriage and the family, the rights and obligations of husband and wife and family concepts of sakinah is given by using the method of lecture and question and answer. The bride gives a varied response associated with the Government’s policy to hold suscatin to every bride. Third, the evaluation of the implementation of the suscatin in the Subdistrict of Ratu Samban KUA is already well underway in accordance with the tasks and functions primarily in the service of marriage guidance to society. Implementation of the suscatin Sub-district office KUA Ratu Samban quite effective and successful in adding to the knowledge and insight of the bride that will foster household. Suscatin be a posi- tive effort in provide knowledge to the prospective bride and groom. This is an attempt to prevent early on things which can disrupt home life in order not to divorce occurs

IMPLEMENTASI DAN IMPLIKASI UU NO. 23 TAHUN 2011 TERHADAP PENGELOLAAN ZAKAT (Studi Pengelolaan Zakat Di BAZNAS Kabupaten Rejang Lebong) Hafizano Hafizano
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 1 (2018): APRIL
Publisher : IAIN Bengkulu

The study aims to answer the question of how the role of BAZNAS Rejang Lebong Regency in implementing Law no. 23 of 2011 on the collection and distribution of zakat. How is the impact of the implementation of Law no. 23 Year 2011 on the management of zakat ?. And What are the constraints and strategies facing BAZNAS Rejang Lebong Regency in implement- ing the Act on the management of zakat ?. This research is a qualitative research using research approach, phenomenological, sociological and historical approach. This research uses field research type (field research), that is a research conducted inten- sive, detailed and deeply to a certain object. Data Collection Techniques This research is primary data and secondary data. In accordance with the characteristics of empirical legal research using secondary data as the initial data obtained from primary and secondary legal materials, then continued with primary data or field data obtained from documents, interviews and observations. The results showed; First, that the implementation of Law no. 23 Year 2011 in the management of zakat has run optimally in accordance with the mandate of the Act. Second, the implications of the implementation of the Law on the management of zakat has given a positive effect. Proven with ZIS funds received in 2012-2016 there is an increase and ZIS funds have been distributed to mustahiq. Thirdly, the obstacles faced by BAZNAS Rejang Lebong Regency in implementing the Zakat Law are: (a) The absence of sanction for muzakki not paying zakat, (b) Some people consider BAZNAS Kab. Rejang Lebong is the same as a community organization, whereas BAZNAS is the official government institution regulated by law. (C) There are still many people who are less concerned about the obligations of zakat and the lack of zakat awareness through an institution. (D) Most Dhuafa ‘consider BAZNAS’s assistance as consumptive. The Strategy pursued by BAZNAS in the management of zakat are: First, BAZNAS cooperates with Rejang Lebong Regency Government so that it is issued Lo- cal Regulation and Regulation of Bupati. Secondly, BAZNAS’s effort in managing ZIS is by way of socialization and cooperation with religious leaders and community leaders. Thirdly, Mustahiq who is reluctant to return t he productive zakat funds then for the fund the continuation is not given anymore

ANALISIS TERHADAP PERTIMBANGAN HAKIM DALAM MEMUTUSKAN PERKARA PERCERAIAN KARENA NUSYUZ ISTERI (Studi Kasus pada Putusan Perkara Nomor 0391/Pdt.G/2014/PA.Bn dan 8/Pdt.G/2015/PTA Bn) Rosmawati Rosmawati
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 1 (2018): APRIL
Publisher : IAIN Bengkulu

The considerations of the Panel of Judges in the first instance of the courts (High Religious Court of Bengkulu) are: 1) Frequent quarrels and quarrels between husband and wife are not solely due to the mistakes of the wife, but also because there is no mutual understanding between the two parties. 2) The evidence submitted in the form of photographs and statements of witnesses is not sufficient to prove the behavior of nusyuz of the wife because it is not equipped with other supporting evidence.3) Criminal acts of corruption committed by the wife can not be used as the basis of the assessment that the concerned has acted and behave nusyuz, not directly related to the rights and duties between husband and wife in household affairs. 4) The wife likes to indebted to a third party without the knowledge of her husband can not necessarily be the legal basis that the concerned has acted nushyuz. Because there is only one evidence that explicitly indicates that the concerned has paid off the wife’s debts, while other evidence shows the wife who has paid off its own debts. 5) The occurrence of separation of residence between husband and wife is not because the wife has left the place of residence without the applicant’s / appealed permission, but the separation of the applicant’s / appellate residence has surrendered his wife to his parents in a kinship and good manner. 6) During the sepa- ration of the house because of repatriation to the home of her parents, the wife remains obedient to the wishes of the applicant/ comparable is to remain settled in the home of his parents. 7) The wife as the plaintiff of reconvention is not proven to act and behave nusyuz as the opinion of the court of first instance. So that he remains legally entitled to get the rights as a devout wife to the husband. 8) During the separation of the husband’s dwelling only performs the obligation as a father to his childre.that is transfer to the savings account of his children. Second, in terms of the jurisprudence

KONSEP ADIL POLIGAMI DALAM PANDANGAN M. QURAISH SHIHAB DAN SITI MUSDAH MULIA Liza Wahyuninto
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 1 (2018): APRIL
Publisher : IAIN Bengkulu

The purpose of this study is to first describe the views of Quraish Shihab and Siti Musdah gloriously looking at polygamy verses, the practice of polygamy of the Prophet and the fair terms of polygamy, secondly to describe a fair concept in polygamy according to Quraish Shihab and Siti Musdah Mulia, third to describe the legal arguments of Quraish Shihab and Siti Musdah His Majesty of fair concepts in polygamy. This research method is literature research using qualitative description research method. Based on the results of research and discussion can be drawn the following conclusions: First, in understand- ing the verses of polygamy, Quraish Shihab argues that based on the demands of fair treatment of orphans as an accentuation of this paragraph, the context of emphasis on the command to be fair and polygamy verses do not make regulations about po- lygamy, because it has been known and implemented by adherents of various shari’a religion and community traditions before the decline of this verse. Siti Musdah Mulia sees that of the whole verse of marriage, First, polygamy is contrary to the principle and purpose of marriage of Islam. Secondly, QS. An-Nisa verse 3 does not speak in the context of polygamous justification, but in the context of protection for orphans and women from injustice behavior. Second, M. Quraish Shihab gives insight into the practice of polygamy of the Prophet (s), nor can it be said that Rasulullah SAW marries more than one, and such marriages should be imitated, because not all what is done by the Prophet needs to be imitated.Sedangkan Siti Musdah Mulia, the as- sumption that polygamy Prophet is a sunnah that can be made hujjah. Thirdly, Justice of polygamy according to M. Quraish Shihab is fair in the field of immaterial (love). Siti Musdah Mulia gives the view that there are two main points in looking at the fair concept in polygamy. First, the just is meant not only in terms of material things such as livelihood but also in the immate- rial matter, namely the tendency of love and compassion. Second, fair criteria covering two aspects in it, impossible or hardly anyone can afford to fulfill the prophet SAW

UPAYA TOKOH AGAMA DALAM PELAKSANAAN WALIMATUL ‘URSY AGAR SESUAI DENGAN AJARAN ISLAM DI DESA TEBAT MONOK KECAMATAN KEPAHIANG KABUPATEN KEPAHIANG Ali Akbar
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 1 (2018): APRIL
Publisher : IAIN Bengkulu

The formulation of this study is: First, how the position of religious leaders in the community of Tebat Village Monok? Secondly, what is the efforts of religious leaders in the cultivation of religious values at the wedding party (Walimah al-’Ursy) in Tebat Monok village Kepahiang district? This type of research is descriptive research with sociological juridical ap- proach.Data collection uses interviews, observations and documentation. This research concludes that: First, the position of religious leaders in the Village Tebat Monok Kepahiang District is a leader of religious worship activities, train people in religious practice and become a community advisor.. Secondly, the efforts made by religious leaders in Tebat Monok Village are: Establish a da’wah approach by giving an enlightenment to the public on various occasions such as in a lecture or gather- ing of citizens on how to implement walimahan by paying close attention to the aspects of religious teaching, using a personal approach to Community by giving advice and feedback about how it should be done so that the party is not redundant, does not cause vice and benefit to the people but still has the meaning for those who wish

TALAK TIGA DI LUAR PENGADILAN PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF BAGI PEGAWAI NEGERI SIPIL (Studi Analisis Putusan Pengadilan Agama ArgamakmurNomor 0207/Pdt.G/2015/PA.AGM) Hepi Duri Jayanti
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 1 (2018): APRIL
Publisher : IAIN Bengkulu

In the case number 0207 / Pdt.G / 2015 / PA.AGM, it is known that a husband who has a government employees status has directly uttered Talak 3 to his wife, after that, he applied for divorce to the religious court Argamakmur without attach- ing permission of divorce from superiors. Furthermore, reading the verdict of the judges of the Argamakmur Religious Court who granted the petition for divorce of the Petitioner, but did not include the fact that the Petitioner had dropped Talak 3 to his wife before the husband applied for divorce to the Religious Court and did not attach the divorce permit from his superior. While it is clear that there is a legal difference between the Talak 1 and the Talak 3. In addition, the absence of a divorce permit from the competent authority will result in the Petitioner being punished with severe discipline based on the discipline regula- tions of civil servants. Based on the above background, this research reveals two issues, namely first how is the legal power of Talak 3 appellation according to Islamic law and positive law. Second, what is the benefit of divorce certificate for government employees who filed for divorce in Religious Court? This type of research is normative juridical research or library research which is then described descriptively. The results of this study conclude that the legal power of Talak 3 appellation outside the courts according to Islamic law is valid. Because in Islamic law (the Qur’an and hadith) no one arranges if divorce should be pronounced in court. Even Talak does not need a witness when the husband said it; Talak also can be spoken by husband and firmly or with satire language. But the cancellation of divorce cannot be done as well as Talak 3 without going through Talak1 and Talak 2. Whereas according to Law Number 1 Year 1974, the appellation of divorce must be done in front of the court, otherwise the divorce is not legally recognized by the state. And among the husband and wife are still legally bound state even though according to Islamic law is not husband and wife anymore. While divorce permits from government employees superi- ors only can be used by the government employees who seek divorce to a religious court. The benefit of the divorce permits for the government employees is to avoid disciplinary punishment in accordance with applicable provisions. Then if the divorce request has not been submitted to a religious court, then the government employees concerned may be strived for peace by the team or direct superior, so the process of divorce proceedings is not necessary, this means saving time and money. If the divorce proceedings continue, the divorce papers can be useful as a basis for judicial consideration in the judgment, as the divorce papers are the result of a team’s recommendation that examines the reasons for divorce to obtain a divorce certificate for the government employees

TINJAUAN HUKUM ISLAM TERHADAP NIKAH FASID DAN DAMPAKNYA (Studi Terhadap Putusan Hakim di Pengadilan Agama Bengkulu Feity Meiryana
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 1 (2018): APRIL
Publisher : IAIN Bengkulu

The purpose of the research is to know the judge’s consideration, the impact of the judge’s decision and the review of Islamic law against the marriage of the fakid in the Religious Court of Bengkulu. Research type is normative. The research approach is the case approach. Data collection techniques used are literature techniques from primary legal materials and secondary legal materials. The analysis used is qualitative analysis. The result of the research is that the judge in deciding the case of marriage cancellation has been in accordance with the Laws Regulation, because the judge in this case is guided by the Compilation of Islamic Law and Positive Law. In addition, the impact of the decision of the cancellation of marriage is; since the issuance of the Decision of the Religious Courts that the marital relationship is abolished and is considered never to carry out the contract of marriage, while the child who has been born to the marriage remains guardian to his father and for the needs of his life is still the responsibility of his parents, especially the father. The inheritance of the cancellation of the marriage remains joint property. While fasid marriage in view of Islamic law is a marriage that must be canceled because of the terms or pillars of marriage is not met and violate the rules set by sharia law

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Irsal

Contact Email bengkuluirsal@gmail.com

Phone +6285381305810

Journal Mail Official -

Editorial Address Jl. Raden Fatah Pagar Dewa Kecamatan Selebar kota Bengkulu Provinsi Bengkulu

Location Kota bengkulu, Bengkulu INDONESIA

Abstract

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Abstract

Abstract

Abstract

Contact Name
Irsal

Contact Email
bengkuluirsal@gmail.com

Phone
+6285381305810

Journal Mail Official
-

Editorial Address
Jl. Raden Fatah Pagar Dewa Kecamatan Selebar kota Bengkulu Provinsi Bengkulu

Location
Kota bengkulu,

Bengkulu

INDONESIA