Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

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 192 Documents

1 2 3 4 5

IMPLEMENTASI SERTIFIKASI HALAL PADA PRODUK PANGAN DI KOTA BENGKULU Debbi Nukeriana
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 2 (2018): OKTOBER
Publisher : IAIN Bengkulu

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

PENYELESAIAN SENGKETA RUMAH TANGGA PERSPEKTIF TAFSIR BUYA HAMKA TERHADAP SURAT AN-NISA AYAT 34 – 35 Tri Oktorinda
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 1 (2017): APRIL
Publisher : IAIN Bengkulu

This research raises the problem of Household Dispute Resolution Perspective Tafsir Buya Hamka Against Surat An Nisa Verse 34 - 35. The purpose of this study to describe the Settlement of Household Dispute Perspective Tafsir Buya Hamka Against Surat An Nisa Verse 34 - 35. The method used in research Library research. The results of this study that by overcoming the wickedness of the wife by giving advice and guidance, separating the bed or silent in bed, and a resuscitate punch. In the case of husband nusyuz, Islam offers peace, could with the initiative of the wife of both parties introspection each other. In order to maintain a home network, being mutually legowo to give the best for the couple is a recommendation. If indeed both parties are no longer able to be reconciled, you should take a way by using a good 3rd party is willing to solve the problem.

Pertimbangan Hakim Dalam Isbat Nikah Di Pengadilan Agama Curup Ditinjau Dari Upaya Pembentukan Keluarga Sakinah Reno Juliando
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 1, No 1 (2016): APRIL
Publisher : IAIN Bengkulu

Consideration Of The Judge On Isbat Nikah In Religious Court Of Curup Viewed From The Effort Of Establishing Harmonious Family. Marriage is one of the instinctive needs of man. To ensure the sanctity and holiness of marriage is maintained, then the state is in this case the government took over to set it up in order to achieve the purpose of marriage is essential to the necessity of recording the wedding on the authorities. But the fact in the community turned out there were people who did not record the wedding and marriage to the authorities. To resolve these problems, the state set by specifying the possibility of isbat nikah application efforts through the Religious Courts. This research is a field research in the form of case studies, using qualitative method, through a normative juridical approach. The results showed that in the case isbat nikah, a lot of consideration of the judge who did not institute the legal basis regulating this matter which is a compilation of Islamic law article 7, so a lot of determination or decision in isbat wedlock is not appropriate because it does not contain elements of fairness / philosophical certainty legal / normative or juridical and benefits / sociological. Consequently, there is underestimation on the institution of marriage by not registering the marriage, lax morality of premarital promiscuity, and leads to the difficulties materialize harmonious family.

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

RELEVANSI HUKUM ISLAM DAN HUKUM POSITIF TENTANG USIA DEWASA DALAM PERKAWINAN Lukman Lukman
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 4, No 1 (2019): APRIL
Publisher : IAIN Bengkulu

Rumusan penelitian ini adalah : Pertama, bagaimana batas usia dewasa dalam perkawinan perspektif hukum Islam? Kedua, bagaimana batas usia dewasa dalam perkawinan perspektif hukum positif? Ketiga, Bagaimana relevansi antara kedewasaan terhadap perkawinan dalam perspektif Hukum Islam dan Hukum Positif? Jenis penelitian ini adalah penelitian kepustakaan. Penelitian ini menyimpulkan bahwa : Pertama, kedewasaan menurut hukum Islam adalah pernikahan dilakukan dalam batasan seseorang sudah memasuki fase baligh. Syariat Islam menghendaki orang yang hendak menikah adalah benar-benar orang yang sudah siap mental, fisik dan psikis, dewasa dan paham arti sebuah pernikahan yang merupakan bagian dari ibadah. Kedua, kedewasaan menikah menurut Hukum Positif : Kedewasaan menikah dalam Undang-undang Nomor 1 tahun 1974 bertujuan untuk mencegah terjadinya perkawinan anak-anak, agar pemuda pemudi yang menjadi suami isteri benar-benar telah matang jiwa raganya dalam membentuk keluarga yang bahagia dan kekal.

PERNIKAHAN DI USIA MUDA KARENA PERMINTAAN ORANG TUA DI KECAMATAN MUARA BANGKAHULU Jaudi Hartono
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 2 (2017): OKTOBER
Publisher : IAIN Bengkulu

The existence of marriage at a young age caused by the request of parents in the district of Muara Bangkahulu into a phenomenon that wanted to be examined by the author. What is the underlying cause of underage marriage due to parents’ requests in Muara Bangkahulu Subdistrict and how Islamic law’s view of marriage at a young age caused by parental demand is a matter of concentration. This research is field research using descriptive analytic method. The results of this study indicate that the cause of marriage at a young age caused by the demand of parents in Muara Bangkahulu District is due to economic factors, socio-cultural and parents’ concerns about the negative impact of globalization. While the view of Islamic law against marriage at a young age because the request of parents is to allow parents to ask their children to marry even though still at a young age as long as there is a clear reason and not harm the child.

PENOLAKAN DISPENSASI KAWIN ANAK DI BAWAH UMUR (Studi Penetapan Pengadilan Agama Manna Nomor 0024/Pdt.P/2018/PA.Mna) Zulvayana Zulvayana
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 2 (2018): OKTOBER
Publisher : IAIN Bengkulu

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

PENERAPAN DISPENSASI PERKAWINAN ANAK DI BAWAH UMUR MENURUT HUKUM POSITIF DI INDONESIA (STUDI ANALISIS PENETAPAN PENGADILAN AGAMA BENGKULU NOMOR 0051/PDT.P/2016/PA.BN) Humam Iskandar
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 2 (2017): OKTOBER
Publisher : IAIN Bengkulu

Humans need to carry out marriage in order to legalize the relationship between the prospective husband or wife. Given the importance of marriage to human life, it is appropriate for marriage rules to be regulated in such a way that it can minimize the occurrence of problems in the field of marriage. One important thing to realize orderly in the field of marriage is the existence of legal certainty in the field of marriage, especially on marriage dispensation in prospective husband / future wife whose age has not been eligible by law. The law governing marriage is Law no. 1 of 1974 and the Compilation of Islamic Law. One of the issues discussed in the Act and KHI is the minimum age limit for marriage. Therefore it must be prevented the existence of underage marriage. The type of research used is qualitative research, which produces descriptive data in the form of words or oral from people and observed behavior. Based on the formulation of problems and research objectives, the approach method used is the sociological juridical approach. Means that this study could include research on legal principles, legal systematics, legal synchronization, legal history, and comparative law. While the sociological means this research consists of research on legal identification (not written) and research on the effectiveness of the law. Research location in Religious Court of Bengkulu City. The data used in this study consist of primary data and secondary data. Data obtained from both the literature and the interview will be analyzed by using qualitative analysis method, a research procedure that produces analytical descriptive data. In this analysis, the authors conclude that the determination of the dispensation has been juridically appropriate. While the sociological reasons proposed by the applicant is not in an ideal position. This lack of ideals is due to the fact that the applicant does not have a plan to mature marriage, the status of the applicant who is still a student, and has not / does not have a job or income to support the family.

FAKTOR PENYEBAB KEENGGANAN ISTERI MENGAJUKAN GUGAT CERAI TERHADAP SUAMI YANG MELANGGAR SIGHAT TAKLIK TALAK DI KECAMATAN KAUR SELATAN KABUPATEN KAUR Sri Dian Harizon
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 1 (2017): APRIL
Publisher : IAIN Bengkulu

This study raises the issue of the causes of the reluctance wife filed a divorce against her husband who violate sighat taklik divorce and understanding with their wives taklik divorce in marriage as well as the legal implications of the breach taklik divorce for a marriage. The purpose of this study was to determine the factors causing reluctance wife filed a divorce against her husband who violate sighat taklik divorce and understanding wives District of South Kaur Kaur District with their taklik divorce in marriage as well as to know the legal implications of the breach taklik divorce for a marriage. This study uses empirical juridical law starts from the primary data / basic data is data obtained directly from informants selected are six wives whose husbands abuse sighat taklik divorce in the district South Kaur Kaur regency. The data collection techniques used were observation, interview and secondary data collection. When the data to do the data analysis by descriptive normative. The results showed that the wives of the District Kaur Southern District Kaur assume that sighat taklik divorce in a marriage is only limited pledge of marriage and does not quite understand that sighat taklik divorce is guaranteed protection of self-wives while factors causing reluctance wife filed a divorce against husband sighat abuse taklik divorce in the district of South Kaur Kaur District is because of shame to the neighbors and the psychological impact of small children, not understanding the process of the divorce to the religious courts, and embarrassed by the title of a widow who still put it negatively as a widow in society

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) Heriansyah Heriansyah
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 2 (2018): OKTOBER
Publisher : IAIN Bengkulu

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

Page 2 of 20 | Total Record : 192

1 2 3 4 5

Filter by Year

2016 2023

Filter By Issues

All Issue Vol 8, No 2 (2023): OKTOBER Vol 8, No 1 (2023): APRIL Vol 7, No 2 (2022): OKTOBER Vol 7, No 1 (2022): APRIL Vol 6, No 2 (2021): OKTOBER Vol 6, No 1 (2021): APRIL Vol 5, No 2 (2020): OKTOBER Vol 5, No 1 (2020): APRIL Vol 4, No 2 (2019): OKTOBER Vol 4, No 1 (2019): APRIL Vol 3, No 2 (2018): OKTOBER Vol 3, No 1 (2018): APRIL Vol 2, No 2 (2017): OKTOBER Vol 2, No 1 (2017): APRIL Vol 1, No 1 (2016): APRIL More Issue

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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