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Qiyas : Jurnal Hukum Islam dan Peradilan

QIYAS
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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

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PENYELESAIAN SENGKETA PERKAWINAN MELALUI PERADILAN ADAT DI KECAMATAN TANJUNG KEMUNING Marpensory Marpensory
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 1 (2017): APRIL
Publisher : IAIN Bengkulu

Marriage disputing that led to send a letter of divorce to the wife, so traditional authorities do mediation session for the peace of process, traditional authorities seek to reconcile the husband and wife. When the peace can not be reached, so that the status of husband and wife officially divorced, then customs will hold treaty / agreement with a content that when the two sides will conduct a marriage with another person, a husband or wife will not demand to the authorities, the letter of the agreement signed on the stamp 6000 is known by the traditional authorities. There are three issues that must be studied in this thesis, namely: (1) How to solve the disputing processes conducted by the customary court ?, (2) How is the effectiveness of traditional justice in reducing the number of divorce? (3) How is the legality of the customary verdict against divorce case ?. The purpose of this study was to determine how to resolve the dispute marriages customary justice, determine the effectiveness of traditional justice in reducing the divorce rate and the legality of the decision Knowing customary in divorce cases in the district of TanjungKemuning. In this study, using field research, with a qualitative descriptive research. To collect the data studied using interviews, literature review and documentation. From these results it can be concluded that there were 40 cases of disputes that separated in villages in district of tanjungkemuning as many as 24 cases successfully reconciled by traditional authorities in the district of tanjungkemuning. The process is carried out emphasizes the nature of kinship, not entailing excessive cost so the effective result that households back in harmony. The legality of the decision of customs that promote the agreement of both sides of husband and wife to the dispute are legal standing when tested with the theory of legal certainty of the decision does not have binding legal force because according to Law No. 1 of 74 Article 39, paragraph 1 says “Divorce can only be done in courtroom after the court concerned to try and not managed to reconcile the two sides Similarly, the Islamic Law Compilation (KHI) article 155 it is said that” “Divorce can only be done in front of the Religious court after the Religious courts are tried and did not succeed to reconcile both sides.”

Sanksi Hukum Poligami Tanpa Izin Pengadilan Agama Dalam Kitab Undang-Undang Hukum Pidana Ditinjau Dari Hukum Islam Raflisman Raflisman
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 1, No 1 (2016): APRIL
Publisher : IAIN Bengkulu

Sanctions Against The Polygamist Without Permission Of Religious Courts In The Perspective Of Book Of Criminal Law Based On Islamic Law. This study raised the issue of people who marry without permission polygamist Islamic Court may be sanctioned in accordance with Article 55 of the Criminal Code and the Islamic legal review of legal sanctions those who marry without permission polygamist Islamic Court under Article 55 of the Criminal Code. The purpose of this study was to determine the polygamists who marry without the permission of the Religious Court may be sanctioned in accordance with Article 55 of the Criminal Code and to know the Islamic legal review of legal sanctions those who marry without permission polygamist Islamic Court under Article 55 of the Criminal Code. This research uses normative juridical method, with the primary law legal materials and secondary law, after law materials collected and then selected and refined by considerations of reliability (honesty) and validity (validity) and then analyzed by juridical qualitative deductive method. From the results of the study showed that people who marry without permission polygamist religious court essentially can not be subject to criminal sanctions under Article 55 of the Criminal Code before the polygamist gets criminal sanctions first. When polygamist has gained criminal sanctions, then the people who marry polygamist can be penalized inclusion as contained in Articles 55 and 57 of the Criminal Code. While the law sanctions those who marry without permission polygamist religious courts in the review of Islamic law no difference is no difference polygamists and people who marry polygamist gets the same punishment between direct actors and indirect actors, for he has done each of these makers including jarimah ta’zir and punishment also sentenced ta’zir. While Personality ‘jarimah ta’zir not separate between one and the other ta’zir jarimah.

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

Sanksi Bagi Pemberi Dan Penerima Gratifikasi Perspektif Hukum Pidana Islam Toha Andiko
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 1, No 1 (2016): APRIL
Publisher : IAIN Bengkulu

Abstract: “Sanctions for Givers and Recipients of Gratification Based on Islamic Criminal Law.” In various Hadith literature, the status of gratification perpetrator has not been fully explained. This can be seen from differences among scholars whether it is included into bribery or a halal gift. On the other hand the status of bribes and giving prizes is clear enough, unlike the status of gratification which still in debate among scholars. Similarly, sanctions for the perpetrators of gratification are not mentioned explicitly. The sanctions are more dominated by moral aspect that still needs further interpretation. The results of this study conclude that gratification in the sense of giving prizes in the form of money, bonuses or other services that are lawful to officers or officials is essentially legal as long as there is no agreement in the beginning, not excessive, and not given in advance (before the affairs are completed). However, the sanctions for those perpetrators of gratification in the sense of giving the prizes promised at the initial term, or granted before the completion of the affairs, in Islamic criminal law those givers and the recipients may be subject to punishment or in Islam known as takzir (the form and size of the punishment shall be submitted to an official judge appointed by the legitimate government).

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

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

PENYIMPANGAN SEKSUAL DALAM HUBUNGAN SUAMI ISTRI PERSPEKTIF HUKUM ISLAM DAN UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG KEKERASAN DALAM RUMAH TANGGA (KDRT) Mawardi Mawardi
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 2 (2017): OKTOBER
Publisher : IAIN Bengkulu

This research raises the problem about sexual deviation in the relationship of husband and wife of Islamic law perspective and Law No. 23 of 2004 on Domestic Violence. Based on the analysis can be disipmulkan that form of sexual deviation husband to wife like: (1) sexual sadism which is one form of variation in relationship of husband and wife. The behavior of sexual sadism involves giving a stimulus to her partner in a sadistic way. This behavior is usually accompanied by the act of tying his partner, close his partner’s eyes, and silenced his partner’s mouth. (2) Fucking at the wife’s rectum because it can be likened to liwath (homo sex), because the rectum is a dangerous and dirty place. Analysis of Islamic law against sexual deviation (sexual sadism) also contains elements of persecution and danger. Which element of persecution and danger is prohibited by Islam. Because it can harm yourself and others, and not in accordance with the goals of Islam that brings grace to the universe that requires all human beings to live in a state of serenity and at the same time eliminate the danger to mankind. While in some verses, the Qur’an has hinted that Allah Almighty. Do not like people who like to do damage and persecution (kemafsadatan). Sexual lapses of husbands against wives according to Article 8 Letter A of Law no. 23 of 2004 includes violent acts defined as any act of coercion of sexual intercourse, coercion of sexual intercourse in an unnatural way and or disliked by a wife.

RESPON MASYARAKAT TERHADAP PELAYANAN PERNIKAHAN PASCA PEMBERLAKUAN PERATURAN PEMERINTAH NOMOR 48 TAHUN 2014 TENTANG BIAYA NIKAH (STUDI KASUS DI KUA KEC. SELEBAR KOTA BENGKULU) Yurda Heti
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 1 (2017): APRIL
Publisher : IAIN Bengkulu

This research raised problems response the public about free and marriage marriage paid at home in the kecamatan kua largest city bengkulu .The purpose of this study is to find response the public about free and marriage marriage paid at home in the kecamatan kua largest city bengkulu .This research use method juridical empirical , to technique data collection interview, chief and documentation, after data obtained were analysed according to miles and huberman in sugiyono to analyze qualitative may be done by means reduction the data reduction) , presentation of the data display) , conclusion (verification) , so that it can be drawn a conclusion to answer of any the existing problems. The research showed response the public about free marriage in the kecamatan kua largest city bengkulu who gives responnya through chief and interview known that the community kecamatan largest city bengkulu less responding well, this is proven than 100 % the results of the answer informants them do not know with the establishment of pp .48 2014 that marriage at the kua free then the community kecamatan largest city bengkulu does not agree with marriage at the kua although free this is proven from the answers of the informants 86 % does not agree with marriage at the kua and response the public about marriage paid at home welcome positive although must spend money which is not a little .This is proven from the answer chief informants said that they did not mind spent budget of rp .600,000,—when married at home of 94 %, then the community approve marriage outside the kua equal to 100 %

EKSISTENSI ALAT BUKTI DALAM PENGADILAN (STUDI KOMPARATIF MENURUT HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA) Syahrul Azwar
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 3, No 2 (2018): OKTOBER
Publisher : IAIN Bengkulu

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

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

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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