Qiyas : Jurnal Hukum Islam dan Peradilan
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.
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<![CDATA[PENGUMPULAN ZAKAT MELALUI PAYROLL SYSTEM DITINJAU DARI PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Imron Rosyidi]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1314
<![CDATA[This research is conducted in order to answer the question how the review of Islamic law to the collection of zakat through payroll system? The purpose of this study is to investigate how the review of Islamic law to the collection of zakat through payroll system. This research is library research that is by way of tracing, collecting, clarifying and viewing data from various literatures related to the core problems in order to get the principles and concepts about the problems as the object of research. The approach used in this research is qualitative normative clinical normative Islamic research with fath adz-dzari’ah method. The results of this study show that the collection of zakat through payroll system is valid. Referring to the order of zakat collection to the ruler in Surat At-Taubah verse 103 that to maximize the collection of zakat is something that must be done by the ruler, therefore everything that becomes the means to maximize the collection must also be held, one of them is the method of collecting zakat through payroll system. Therefore the collection of zakat through payroll system according to fath adz-dzari’ah is valid. Collection of zakat through payroll system must intend once every year at the beginning of payment because it is a cicil system.]]>
<![CDATA[IMPLEMENTASI SERTIFIKASI HALAL PADA PRODUK PANGAN DI KOTA BENGKULU ]]>
<![CDATA[Debbi Nukeriana]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1310
<![CDATA[Halal certification is a process to obtain halal certificate in accordance with Islamic Shari’ah it, aims to provide legal certainty of the halalness of a product so that it can reassure the heart for those who consume it. This study is motivated by the number of food producers in Bengkulu City who do not do halal certification. This research raised the problem about the implementation of halal certification, supporting and inhibiting factors and the role of LPPOM MUI of Bengkulu Province in im- plementing halal certification on food products in Bengkulu City. The purpose of this research is to analyze the implementation of halal certification, identify the supporting and inhibiting factors and to explore and find the role of LPPOM MUI of Bengkulu Province in implementing halal certification on food products in Bengkulu City. This type of research is a field research using a sociological juridical approach that examines the applicable legal provisions and what happens on the ground. In collecting the data the research used interviews and document studies. The technique of data analysis is descriptive qualitative by way of interpretation, triangulation and content analysis. From the research result, it can be concluded that first, the implementation of halal certification on food products in Bengkulu City has been implemented although still a small part of the number of Small and Medium Industry (IKM) in Bengkulu City. Secondly, the supporting factor for the implementation of halal certification in food products in Bengkulu City is to provide a sense of comfort and confidence in a product, consumers of majority food are Muslim and increase income / turnover of food producers. As for the inhibiting factors are the Law on Halal Product Guarantee is still voluntary (voluntary), lack of information / knowledge about halal certification and constrained halal certification cost. Third, the Role of LPPOM MUI of Bengkulu Province in the implementation of halal certification on food products in Bengkulu City is to protect the public against illicit products. It also provides socialization of halal certification either through formal means such as training and socialization or unofficially such as to family, friends and friends]]>
<![CDATA[PENOLAKAN DISPENSASI KAWIN ANAK DI BAWAH UMUR (Studi Penetapan Pengadilan Agama Manna Nomor 0024/Pdt.P/2018/PA.Mna) ]]>
<![CDATA[Zulvayana Zulvayana]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1315
<![CDATA[This study aims to determine the legal considerations in rejecting the application of marriage dispensation in the Manna Religion Court and to find out the determination of the Manna Religion Court Number 0024 / Pdt.P / 2018 / PA.Mna in accordance with the elements of legal justice, legal certainty and legal benefits. Based on the results of the research, it is known that the legal consideration of the refusal of marriage dispensation applications because the Petitioners in the trial only submitted 1 (one) witness so that the applicants could not prove the argument of their petition and in court found a fact that the children of the applicant had been married before the application for marriage dispensation was tried . The cause of rejec- tion of marital dispensation of minors due to actions that are contrary to Article 7 of Act Number 1 of 1974. Determination of the Manna Religion Court Number 0024 / Pdt.P / 2018 / PA.Mna is in accordance with the elements of justice, certainty and legal benefit because in the Determination of the application for marriage dispensation is guided by Law Number 1 of 1974. The results of this study, are expected to be a deterrent effect for the community and the Office of Religious Affairs, so as not to violate Law Number 1 Year 1974 by marrying minors without the Religion Court dispensation. The rejection of the granting of marriage dispensation in substantial justice will be difficult to be felt by the applicants, but in order to enforce procedural justice, the stipulation of marital dispensation creates order in recording marriage]]>
<![CDATA[HUKUMAN PELAKU PERKOSAAN DIBARENGI PEMBUNUHAN OLEH ANAK DITINJAU DARI HUKUM POSITIF DAN HUKUM ISLAM (Study Analisis Keputusan Pengadilan Negeri Curup Nomor 7/Pid.Sus.Anak/2016/Pn.Crp) ]]>
<![CDATA[Heriansyah Heriansyah]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1306
<![CDATA[This research raises the issue of punishment imposed by the judges on Curup District Court Number 7 / Pid.Sus. Anak / 2016 / PN.Crp to the child as the perpetrator of rape accompanied by the murder of the child victim. The purpose of this research is to know the punishment and basic consideration of judges panel then reviewed from positive law and Islamic law. This research uses normative juridical legal method, with approach of Act, case approach and conceptual approach. The method of collecting legal material used is literature study and documentary study then analyzed by normative descriptive. From the results of research shows that the implementation of criminal punishment for perpetrators of rape coupled murder of children in terms of positive law can be implemented by the panel of judges by applying Article 81 paragraph (1) of Law RI.35 Year 2014 About Amendment to Law no. 23 of 2002 in conjunction with Article 76D of RI Law. 35 of 2014 on Amend- ment to Law No. RI. Article 55 Paragraph (1) and (2) of the Indonesian Criminal Code and Article 80 Paragraph (3) of RI Law No. 23 Year 2002 on Child Protection jo Article 55 Paragraph (1) of the Criminal Code jo Article 65 Paragraph (1) and (2)35 Year 2014 About Amendment to Law no. Law No. 23 Year 2002 on the Protection of Children in conjunction with Article65 Paragraph (1) and (2) of the Criminal Code are cumulative. Whereas in Islamic law the perpetrator may be subjected to a more severe crime (murder) which is the murder in which the perpetrator is assumed to have committed intentional murder with the punishment of the principal in the form of diat and kafarat, the substitution of ta’zir and the additional punishment of the inheritance and will. Based on the decision of the Curup District Court Number 7 / Pid.Sus.Anak / 2016 / PN.Crp that the perpetrators of rape are found to have proven legally and convincingly guilty of intercourse with him or with others and place, let, participate in violence against children who causing the child to die so that the imprisonment is imposed for 10 (ten) years and the training of each work for 6 (six) months. According to Islamic law the offender may be punished by paying diyat to the heirs of 100 (one hundred) camels or 200 (two hundred) cows or 2000 (two thousand) goats, freeing a slave or fasting two months in a row and ta’zir]]>
<![CDATA[PELAKSANAAN KEWAJIBAN ORANG TUA TERHADAP ANAK PECANDU GAME ON-LINE DI JALAN SALAK RAYA KOTA BENGKULU DALAM PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Julian Firdaus]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1311
<![CDATA[In this research there are several problems 1). How the rights and obligations of parents to children online game addicts. 2). How to review Islamic law against children online game addicts at Warnet BM Jalan Salak Raya, Bengkulu City. To answer the problem of research above conducted field research (field research) using qualitative descriptive approach method. The data collected by observation method, interview and documentation, from the source of the informant that the author set based on purposive sampling. The results of the study explain, first Rights and obligations of parents to the child has not been done due to various factors, among others, busy work so that the lack of attention to children who cause children abandoned. Second Every child should be good and obedient to the parents. The child is not justified in being abusive to both parents. Therefore, every child must have obligations and responsibilities to parents who have raised and nourished them from child- hood to adulthood. Children should keep the rights of parents, children should also maintain morals as stock in running Ikhsan against both parents]]>
<![CDATA[PUTUSAN CONTRA LEGEM SEBAGAI IMPLEMENTASI PENEMUAN HUKUM OLEH HAKIM DI PERADILAN AGAMA (Studi Kasus Putusan Kasasi Nomor 16 K/AG/2010 dan Putusan Kasasi Nomor 110 K/AG/2007) ]]>
<![CDATA[Rogaiyah Rogaiyah]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1316
<![CDATA[Keadilan harus ditegakkan. Tujuan hukum sejatinya adalah untuk mewujudkan keadilan, kepastian hukum dan kemanfaatan. Karena hukum lahir dari ketentuan yang hidup dalam masyarakat, maka hukum harus terus dibedah dan digali melalui upaya-upaya terobosan hukum untuk menggapai kemaslahatan demi tegaknya keadilan. Bagi hakim, yang menjadi dilema terkadang adalah pertentangan antara sisi keadilan dan sisi kepastian hukum. Hakim melalui penerapan penemuan hukum, berupaya mengedepankan keadilan dengan memutuskan suatu perkara menyelisihi dari apa yang telah ditentukan undang-undang. Penelitian ini bertujuan untuk mengetahui dan menjelaskan mengenai penemuan hukum oleh hakim dalam kewenangannya untuk memutus suatu perkara di luar dari apa yang telah ditentukan oleh undang-undang. Masalah yang dianalisis adalah mengenai penerapan contra legem dalam putusan kasasi Mahkamah agung yang memberikan hak waris melalui wasiat wajibah pada ahli waris non muslim dan pemberian hak hadhanah untuk ayah. Penelitian ini menggunakan metode penelitian kualitatif dengan pendekatan yuridis normative. Hasil penelitian menunjukkan bahwa putusan hakim yang bersifat contra legem sejatinya adalah upaya hakim melalui penemuan hukum untuk mengkontekstualisasikan hukum itu sendiri demi mewujudkan keadilan.]]>
<![CDATA[I’RADH SUAMI DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF ]]>
<![CDATA[Fakhriyah Annisa Afroo]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1307
<![CDATA[Husband’s i’radh In Islamic And Positive Law Perspective, i’radh is the husband who turns away, husband’s i’radh is the beginning of the cause of the emergence of nusyuz. In the positive law of Law No. 1 of 1974 concerning Marriage and compilation of Islamic Law does not mention the problem of the husband’s husband explicitly. However, according to the author, a husband can be considered as an iadrad if inside him contains the elements of the husband who violate taklik talak. differences and similarities in the views of husbands in the perspective of Islamic law and positive law, among others. In Islamic law, it is explicitly mentioned that i’radh in positive law does not explicitly mention i’radh or nusyuz husband. In Islamic law and positive law both use the path of peace, but when the peace that is done is unsuccessful, the wife can file a divorce. So that this husband could be the cause of the wife’s divorce case against the husband when he was already in the behavior, while when he was still within the boundary he could not be the reason for the divorce]]>
<![CDATA[PELAKSANAAN PERNIKAHAN DI BALAI NIKAH PASCA BERLAKUNYA PERATURAN PEMERINTAH NOMOR 19 TAHUN 2015 TENTANG PENERIMAAN NEGARA BUKAN PAJAK (Studi di Kantor Urusan Agama Kecamatan Ratu Agung Kota Bengkulu) ]]>
<![CDATA[Ali Warman]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1312
<![CDATA[This study discusses the implementation of the determination of Integrated Marriage of The formulation of this re- search are: Firstly, how is the society’s response to the enactment of Government Regulation No. 19 of 2015 on Non-Tax State Revenue in the Ministry of Religious Affairs? Second, what factors cause the community to carry out marriage in the Central Marriage on KUA Kecamatan Ratu Agung?The type of this research is descriptive research with sociological juridical approach. Data collection using interview technique, observation, documentation. This study concludes that: Firstly, the public welcomes a positive response to the enactment of Government Regulation No. 19 of 2015. The regulation is considered as the government’s new breakthrough to discipline the marriage cost so as to minimize illegal levies. In addition, people with limited economic abil- ity who want to get married is greatly helped by the existence of this provision. If previously the cost of marriage is felt by them is quite high, with this provision they can perform the marriage for free with the condition must be implemented in the Office of Religious Affairs and at work hours. Of course this gets a positive response from the community, because it is very helpful espe- cially for the middle to lower society. Secondly, the factors that cause the community to carry out marriage in the marriage hall at the Office of Religious Affairs of Ratu Agung District are economic factors and work permits. In general, informants stated that getting married in the Office of Religious Affairs without cost so as to ease the financial burden. In addition, the informant was married in the Office of Religious Affairs of Ratu Agung Sub-district due to the reason of the work permit which was not long]]>
<![CDATA[TINJAUAN MAQASID SYARIAH TERHADAP ISBAT NIKAH ANALISIS PENETAPAN HAKIM PENGADILAN AGAMA ARGA MAKMUR NOMOR 0110/PDT.P/2016/PA.AGM DAN NOMOR 0128/PDT.P/2016/PA.AGM ]]>
<![CDATA[Armalina Armalina]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1317
<![CDATA[Maqasid Syariah is the objective of recommendation for Islamic law, while Isbat marriage is the endorsement of marriages that have been held according to Islamic Shari’a, but not recorded by Religious Affairs Office (KUA) or the Marriage Registry Official (PPN) authorized. The compilation of Islamic Law which has the power of Inpres limits the permissible cases to be attributed. The formulation of this research problem is how the basis of judges’ consideration as well as how the analysis of maqasidsyariah to the determination of the case Number 0110 / Pdt.P / 2016 / PA.AGM and Number 0128 / Pdt.P / 2016/ PA.AGM about isbat marriage. The research method was used qualitative descriptive analysis that was the data processing obtained in the field study result which then combined with data obtained from literature study, in order to obtainthe accurate data. The approach was used the juridical approach. The location of the research was conducted in Arga Makmur Religious Court. Primary data sources obtained through interviews with Judges involved in the establishment of isbat marriage. Second- ary data sources was included the legislation and court decisions, coupled with literature relevant to marriageisbat issues. The result of the research was found that judge consideration in the determination of case Number 0110 / Pdt.P / 2016 / PA.AGM and Number 0128 / Pdt.P / 2016 / PA.AGM on marriage isbat based on juridical, philosophical and sociological considerations. The juridical isbat marriage regulated in the Compilation of Islamic Law through Presidential Instruction Number 1 of 1991. The determination of marriage isbat was supported by the evidence on the facts in the hearing. Maqasid sharia in the case of marriage isbat in Islamic law that is to realize and maintain mashlahat mankind on marital status and status of child in marriage.. The stipulation of marriage isbat provides legal certainty to the legality of marriage both religionally and legally]]>
<![CDATA[EKSISTENSI ALAT BUKTI DALAM PENGADILAN (STUDI KOMPARATIF MENURUT HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA) ]]>
<![CDATA[Syahrul Azwar]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1308
<![CDATA[The formulation of this research is: First, How is the existence of evidence in the judiciary according to Islamic law? Second What is the existence of evidence in court according to positive law in Indonesia? Third, how do you compare the existence of evidence according to Islamic law and criminal procedural law? This type of research is library research (library research). Data collection uses reading techniques, citing information. This study concludes that: First, according to Islamic law, evidence is anything that has something to do with an act, the evidence can be used as evidence to raise the confidence of the judge over the truth of a criminal act committed by the defendant. Second, the evidence according to positive law is witness testimony, expert testimony, letters, instructions and information from the defendant. Whereas the positive law stipulates that only legal evidence instruments can be used for verification. Third, the position of evidence in Islamic law and Positive Law is a tool to assist the process of verification in criminal proceedings and help the judge to obtain confidence in an alleged act. Islamic law and positive law have several similarities, namely the law governing actions that are related to the soul or members of the body, such as killing, injuring and so on]]>
