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Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Published by Institut Agama Islam Negeri Zawiyah Cot Kala Langsa
ISSN : 23561637     EISSN : 25810103     DOI : 10.32505/10.32505/qadha.
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Qadha Journal focuses on the study of Law which is an article of research results and academic thought, this journal is a communication medium for academics, experts, and researchers who care about studying Islamic law and law. The scope of writing is determined in the al-Qadha journal; Jurisprudence of Islamic Family Law and Civil Law issues of legal dispute resolution
Arjuna Subject : Ilmu Sosial - Hukum
Articles 215 Documents
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The Role of Supreme Court Jurisprudence in Development of Islamic Family Law in Indonesia Arip Purkon; Ahmad Hidayat Buang; Mohd. Hafiz Jamaludin
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 9 No 2 (2022): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v9i2.4111

Abstract

The development of Islamic family law is carried out in all countries where the majority of the population is Muslim. New ideas in the field of Islamic family law are generally stated in the form of legislation. In Indonesia, the final court decision in the field of Islamic family law decided with the judges of Indonesian Supreme Court. The decision of Supreme Court judge will be jurisprudence. This study aims to examine the role of Supreme Court's jurisprudence in development of Islamic family law. The research conducted was library research. This study concluded: First, Judges of the Supreme Court in the Islamic civil field have a very important role in the development of Islamic family law in Indonesia. Judges can make breakthroughs or reform the thoughts of Islamic family law as outlined in the decisions they issued. Second, decisions of Supreme Court judges that have permanent legal, fixed and final will be used as jurisprudence or references by judges in the Religious Courts.
Bagian Warisan Anak Perempuan Pada Penetapan Nomor 18/pdt.p/2021/ms.lgs Dalam Perspektif Maqashid Syariah Zulham Wahyudani
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 9 No 2 (2022): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v9i2.4139

Abstract

This study tells about the decision of the Syari'yah Court of Langsa City Number 18/Pdt.P/2021/MS.Lgs. Based on the results of the decision, there was an asymmetry between the results of the decision and the provisions that apply to the fiqh of Mawaris, namely: veiling brothers and daughters. This study tries to harmonize the results of the decision with the sharia maqahid theory. Both maqashid amah, distinctive, khithab and law. This research is classified as literature research with a qualitative approach. The methodology in this article uses legal research methods. The results of the study concluded; the determination of the Langsa City Syariyyah Court Number 18/Pdt.P/2021/MS.Lgs does not violate the maqashid theory. One of the purposes of not giving inheritance to biological brothers is to replace part of his inheritance as a living that he must give to his biological children. This is in accordance with the objectives of the global sharia which aims to uphold justice and create a safe and sustainable life.
Upaya KUA Lhoksukon Aceh Utara Dalam Meminimalisir Problema Nikah Liar Dhiauddin Tanjung; Ramadhan Syahmedi Siregar; Teuku Islahuddin
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 9 No 2 (2022): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v9i2.4509

Abstract

Illegal marriage is a strange phenomenon that is still intense in the Acehnese community. In fact, Islam has very clearly forbade any form of marriage that is carried out in secret in order to produce a harmonious family and social community. The occurrence of illegal marriages when the condition of the bride still has a nasab guardian is a practice that is allegedly in bad faith, one of which is because the husband still has a legal wife who does not agree to polygamy. There are also those who do illegal marriages because they want to find an alternative to their work which prohibits polygamy status. This reality is a reality that can harm many parties, both for family members and society. In response to this, the Lhoksukon KUA has implemented various policies so that the problem of illegal marriages can be minimized. This article belongs to field research with a qualitative approach. The methodology used is a phenomenological study of the actions of KUA Lhoksukon North Aceh. The results of the study concluded that the KUA Lhoksukon North Aceh carried out various activities to prevent illegal marriage by way of socialization and guidance to the community regarding the negative impact of illegal marriage.
Islamic Law Thought T. Wildan T. Wildan
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 9 No 2 (2022): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v9i2.4985

Abstract

This study aims to describe the views of the Syafi'iyah clerics on the concept of kafāah; this is important to discuss because so far, in the opinion of the general public and especially Aceh, kafāah is only limited to equivalence in the field of religion. In contrast, in other fields, its existence is ignored. This research methodology uses normative juridical with a literature review; then, the descriptive analysis is used to describe the collected data that has been reduced; the primary data in this study are the works of Syafi'iyyah scholars. As for the findings of the study; the conception of kafāah in Acehnese society only focuses on conformity in terms of religion because this is the most basic right of a marriage, without having to fulfil other fields of kafāah, while in the view of Syafi'iyah scholars, religion is the main requirement of kafāah, but other aspects of kafāah must also be considered and are as important as the religious side, such as; heredity, occupation and no defects experienced by the prospective husband which can occur faskh, and all the standardization of kafaah become a condition for the validity of the marriage under certain conditions
Studi Legalitas Saksi Syahadah Al-Istifadah Dalam Pembuktian Perkara Itsbat Nikah: Pendekatan Maqashid Syari’ah Syafruddin Syam; Rizki Muhammad Haris; Fachruddin Zakarya
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 9 No 2 (2022): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v9i2.5005

Abstract

The prolonged conflict situation and the tsunami natural disaster in Aceh, resulted in the need for more progressive and philosophical legal reasoning to answer existing legal needs. Formal rules that apply legally are not sufficient conditions to explore legal justice. This is a juridical issue at the Syar'iyah Court. There needs to be legal findings in the midst of a society that is all squeezed and difficult. Among the legal issues that must be answered is how the marriage status was determined during the conflict, which was generally not recorded, plus the number of key witnesses who died during natural disasters. This is a challenge at the Meulaboh Syar'iyah Court in the case of itsbat marriage by imposing a witness known as Syahadah al-Istifadah or in customary legal nomenclature called Testimonium de Auditu. This article is a field research approach to civil law laws, civil law books, and Islamic books, especially focused on Islamic fiqh which discusses "Shahadah Al-Istifadhah". The conclusion results state that the Meulaboh Syar'iyah Court Judge is in consideration of accepting the testimony of the witness Syahadah al-Istifadah for the sake of creating a determination that creates certainty, justice for the benefit of the law for the parties, so that the desired benefits in life can be fulfilled.
Penerapan Undang-Undang Batas Minimal Usia Perkawinan Dan Dampaknya Dalam Masyarakat Abdur Rohman; Ita Rahmania Kusumawati
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 9 No 2 (2022): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v9i2.5059

Abstract

The marriage law regarding the minimum age for marriage has been updated to 19 years to prevent early marriage, protect children's rights, and reduce the divorce rate. In the Jombang District Religious Court, the increase in the minimum age for marriage has resulted in an increase in the number of dispensations for marriage. This study discusses how the latest law regarding the minimum age limit for marriage is implemented and the impact of this law. This research is an empirical research with a qualitative approach and the primary data collection method is through interviews with judges at the Religious Court of Jombang Regency. The results of this study found that the application of Law Number 16 of 2019 in the Jombang Regency Religious Court was not optimal. Evidenced by the significant increase in cases after the passing of the law. This is caused by factors of education and public awareness that is still low. This law is an attempt by the government to reduce the number of early marriages that have occurred recently. However, the implementation of the Law on limiting the age for marriage is constrained by the low level of public education and the economic level of some people who are still below average. As a recommendation, a concrete step is needed so that the implementation of the law on limiting the age of marriage becomes optimal, including the empowerment of regional officials, religious leaders and community leaders.
Reinterpretasi Ayat Pernikahan Beda Agama Muhammad Roni; Muhammad Nasir
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 9 No 2 (2022): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v9i2.4636

Abstract

God created human beings in pairs to complement each other between men and women. Marriage is the sunnah of the Prophet, and so much benefit occurs from a marriage bond. Furthermore, marriage is how it is said to be valid in Islam. Whether interfaith marriage is also part of a muslim's personal treasure. In order to answer this, the author uses the tahsis motto in expressing the opinion of Rasyid Ridha in his interpretation, and is also a supporter of several related articles. The results showed that interfaith marriage is an act that cannot be said to be valid even if there are texts (both books and scholarly thoughts), as for the reason because interfaith marriage is irrelevant to the dynamics of current life, especially in the frame of nation and state.
Examining Malay Customary Marriage Law in the Malay Countries: An 'Urf Perspective Asrizal Saiin; Mohamad Azmi Karuok; Moh. Zaidi Hajazi; Anwar M. Radiamoda
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 1 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i1.4725

Abstract

The purpose of this paper is to find out more clearly about the position of customary law for the Malay community, which can be said to be all Muslim, by analyzing it through the study of ‘urf in Islamic law. This research is categorized as qualitative research. Qualitative research intends to understand the phenomenon of what is experienced by the research subject, for example, behavior, perception, motivation, action, and others, thoroughly and descriptively in a special natural context by utilizing the scientific method. The findings in this paper are that Malay customary marriage law, which has been practiced so far in Malay countries, is in accordance with Islamic law. The Malay customary marriage law that may be applied is a law that does not conflict with Islamic values, or 'urf al-sahih. Meanwhile, Malay customary marriage law that cannot be applied is a law that is contrary to Islamic values, or 'urf al-fasid, because it can damage the purpose of the shari'a to be passed down (maqashid shari'ah).
State, Islam, and Gender : Dynamics of Marital Rape Law in Indonesia Pitrotussaadah Pitrotussaadah; Eva Fadhilah
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 1 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i1.4805

Abstract

Marital rape, which is an act of sexual violence in marriage, is often debated among the public because it is considered an act that is impossible to happen. There is debate about responding to acts of marital rape among the community, which is the background for writing this article in a review of positive law, Islamic law, and gender justice. The purpose of this research is to understand and analyze the dynamics of rape marital law in Indonesia according to positive law, Islamic law, and gender. Using a qualitative method with a normative legal approach, this paper describes and analyzes the laws, books, and articles related to this research. The results found from this study are that marital rape is included in the crime of sexual violence, although it is not explained in detail regarding the criminal sanctions for the perpetrators. This shows that Indonesia's positive law has not touched on marital rape in detail. Marital rape is not justified in Islamic law; this can be seen from the verses of the Quran, which emphasize a good relationship between husband and wife. Based on gender justice, it is the wife who becomes the victim of marital rape because the husband thinks that he is at a higher level, so the wife must obey her husband's orders because it is an obligation, while the husband ignores the wife's rights.
Marriage and Divorce Practices in the Society of Bandung: Contestation of Islamic and State Law Diana Farid; Muhammad Husni Abdulah Pakarti; Iffah Fathiah; Hendriana Hendriana; Mohamad Hilal Nu'man
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 1 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i1.5673

Abstract

Differences in marriage and divorce law in Islamic and state law One of the triggers for the initial causes of the disorderly implementation of marriage and divorce in the Sukajadi Bandung community was an understanding regarding the separation of religion and state law as well as social welfare factors related to law enforcement. This study analyzes the legal consequences, factors, and legal remedies that can be taken in unregistered marriages and divorces. The method used in this study is empirical-juridical with a qualitative approach. This approach is carried out to obtain information in the Sukajadi Bandung community regarding unregistered marriages and divorces. The results of the study show that the factors behind the rampant practice of unregistered marriages and divorces are not recorded because people's understandings of the dichotomy between Islamic law and that of the state are different. There is a link between the legal awareness of the community and its understanding of religion and welfare. In addition, unregistered marriages and divorces have an impact on the absence of marriage, inheritance, custody, and maintenance, which are detrimental to children and wives. Several efforts need to be made to minimize the occurrence of unrecorded marriages and divorces, including counseling, legal assistance for divorce victims, mediation, and consultation. This effort does not only involve the government and law enforcers but also preachers, lectors, and social organizations.

Page 11 of 22 | Total Record : 215

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