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[Perlindungan Terhadap Hak-Hak Anak Angkat Dalam Pembagian Harta Waris Perspektif Kitab Undang-Undang Hukum Perdata Dan Hukum Islam ]]>
<![CDATA[Muhammad Al-Ghazali]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 1, No 1 (2016): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v1i1.235
<![CDATA[Protection of the rights of adopted children in the matter of property inheritance in the perspective of book of civil law and Islamic law. Adoption in civil law is an act which equalized adopted children with birth children, both in terms of caring and inheritance (Articles 11,12,13 and 14 of Stb. 1917 No. 129). In Islamic law, adoption will not result in a blood relationship and do not become the basis and cause of inheritance, because the basic principle of the heir is a blood relation. This article examines: 1. What is the legal position of adopted child in the matter of property inheritance in the perspective of book of civil law and Islamic law? 2.Which of the two legal systems that provide adequate protection for adopted child? This type of research is library research, with qualitative methods, and normative juridical approach. The result is; the legal position of adopted child for the right of inheritance in the Book of Civil Law has the same status as the heirs for an inheritance. But according Stb. 1917 No. 129, this provision provides that the limitation of the adopted child only becomes heir on the part that are not mentioned in the wills. Being in Islamic law, the position of adopted children can not be equated with birth children, they can not receive inheritance from the adoptive parents, and vice versa, but the children may receive the will treasure. In between the legal system, Islamic law provides adequate protection to the adopted children, because it has a child care institution.]]>
<![CDATA[Penundaan Kehamilan Dengan Memakai Alat Kontrasepsi Bagi Pengantin Baru Dalam Tinjauan Hukum Islam (Studi Di Kecamatan Selebar Kota Bengkulu) ]]>
<![CDATA[Dasri Dasri]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 1, No 1 (2016): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v1i1.231
<![CDATA[Using of Contraception to Delay Pregnancy for Newlyweds in Islamic Law Review (Case Study in District of Selebar, Bengkulu City). This study raises the issue of the factors that cause the delay of pregnancy for newlyweds and legal substitute delay pregnancy for newlyweds in the district of Selebar, Bengkulu by using contraceptives according to maqasid sharia. The purpose of this study was to determine the factors that cause a delay of pregnancy for newlyweds and to determine the legal of delaying pregnancy for newlyweds in the district of Selebar, Bengkulu by using contraceptives according to maqasid Sharia. This study used qualitative methods, the data collection techniques used were observation, interviews and documentation, then after the data obtained were analyzed by deduction methodes, data presentation and conclusion. From the results of the study showed that the factors that cause delay pregnancy for a newlyweds in District of Selebar, Bengkulu city, are; economic factors, because the newlyweds cople still want to pursue a career, as well as a joint agreement between the husband and wife of not willing to have a children yet, while the use of contraceptives according to maqasid sharia to delay the pregnancy due to economic reasons and feared that the parents can not give education to the children, then it is permissible in Islam, but delaying the pregnancy by using contraception for reasons cople still want to pursue a career until his career reached the peak, then it is forbidden in Islam. However, Islam does not forbid totally the use of contraception but it has to be specific reasons, and acceptable.]]>
<![CDATA[Pertimbangan Hakim Dalam Isbat Nikah Di Pengadilan Agama Curup Ditinjau Dari Upaya Pembentukan Keluarga Sakinah ]]>
<![CDATA[Reno Juliando]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 1, No 1 (2016): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v1i1.236
<![CDATA[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.]]>
<![CDATA[Kajian Putusan Pada Perkara Hadhanah Ditinjau Dari Undang-Undang Tentang Perlindungan Anak ]]>
<![CDATA[Serli Herlintoni]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 1, No 1 (2016): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v1i1.232
<![CDATA[Abstract: Decision On The Case Study Ofhadhanah Viewed From The Law On The Protection Of Children. Fiqh scholars agree that the laws of caring for and educating children is mandatory, because if it is not cared for and well educated, will reflect badly on themselves, can even lead to losing their lives. In the case ofhadhanah decision No.34 / Pdt.G / 2014 / PA.Crp and No. 16 / Pdt.G / 2015 / PA.Crp hadhanah has granted to the mother, but the basic of its legal consideration is vary. These Differences will be recorded, analyzed philosophically and normatively. This paper will examine how the consideration of judges in deciding cases ofhadhanah No. 34 / Pdt.G / 2014 / PA.Crp and No. 16 / Pdt.G / 2015 / PA.Crp terms of Act No. 23 of 2002 on Protection of Children and legal settings. This research is a normative legal research with qualitative methods in the form of literature studies. The approach used in this study isstatute approach and case approach. Data were analyzed using comparative analysis. The results of this study indicate that in case the decision ofhadhanah No. 34 / Pdt.G / 2014 / PA.Crp and case No. 16 / Pdt.G / 2015 / PA.Crp, judges tend to pay less attention to consideration of the regulations to the Act No. 23 of 2003 on Protection of Children Jo No. 35 of 2014 regarding Child Protection. Legal arrangements in the settlement of hadhanah isverzet, appeal, and need to be applied mediation and dwangson that the defendant is willing to fulfill his promise.]]>
<![CDATA[Sanksi Pidana Bagi Pelaku Kekerasan Pencabulan Terhadap Anak Menurut UU No. 23 Tahun 2002 dan Hukum Islam (Studi Putusan PN Bengkulu No. 185/PID.B/2013/PN.BKL) ]]>
<![CDATA[Arip Semboda]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 1, No 1 (2016): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v1i1.237
<![CDATA[Criminal Sanctions for Violator of Sexual Abuse Against Children by Act no. 23 years 2002 and Islamic law (Study of Bengkulu Court Decision no. 185 / pid.b / 2013 / PN.BKL). This study analyzes the Bengkulu District Court judge’s decision in a criminal case of sexual abuse against children Number: No. 185 / Pid.B / 2013 / PN.Bkl terms of the Act. 23 of 2002 and the law of Islam. Using qualitative research methods, types of legal normative juridical, with the approach of legislation, case approach and conceptual approach through the study of literature and documentary studies. The results showed that the execution of criminal sanctions against the perpetrators of sexual abuse of children, according to Law. 23 of 2002 as amended by Law No. 35 of 2014 on the protection of children can be carried out by a panel of judges to apply Article 82, if the defendant proved to meet the elements of objective and subjective elements, while the implementation of Islamic law can be applied ta’zir criminal sanction, namely the legal sanctions established by judges / legal government, Then the decision handed down by the judges on the Bengkulu District Court case number: 185 / Pid.B / 2012 / PN.Bkl, has been proven legally and convincingly guilty of committing the crime of sexual abuse of children as stated in Article 82 of Law No. 23 of 2002 to convict four years in prison and a fine of 60,000,000, - (sixty million rupiahs), while in Islamic law, perpetrators of abuse may be subjected to caning (jild) or more can create a deterrent effect and the pain is not too long with the purpose of providing education/ teaching (ta’dib) and prevention (zajr).]]>
<![CDATA[Pengucapan ‘Selamat Natal’ Oleh Umat Islam Kepada Umat Kristiani Perspektif Filsafat Hukum Islam ]]>
<![CDATA[Bobby Harianto]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 1, No 1 (2016): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v1i1.223
<![CDATA[Abstract: Greeting Of ‘Merry Christmas’ By Muslims To Christians In Islamic Perspective. The greeting of ‘Merry Christmas’ is usually pronounced when the Christian welcome the birth of Jesus. In Indonesia, there are still differences of opinion on whether or not allowed for Muslims to say ‘Merry Christmas’ to Christians as a form of respect and tolerance for the Christians. Some ulema are strictly prohibiting to greet Christian by saying ‘Merry Chirstmas’ because this act is a part of religious rituals, and others allow it with certain terms and conditions. To clarify the Islamic legal regarding the greeting of ‘Merry christmas’, this article will explore more deeply through a review of the philosophy of Islamic law. This study is a qualitative research approach. In general there are two approaches that will be used by the researchers, namely: a phenomenological approach and a juridical philosopy approach. In the mean time, the researcher also used the conceptual approach, case approach, as well as comparative approach. The research shows that greeting by saying ‘Merry Christmas’ to Christian is considered as haram li dzatihi (prohibited) because faith related issues. The prohibitation applies as long as not in the state of urgent or special needs.]]>
<![CDATA[Larangan dan Sanksi Tindak Pidana Kekerasan Seksual Dalam Rumah Tangga (Studi Komparasi Hukum Islam dan Undang-undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Dalam Rumah Tangga) ]]>
<![CDATA[Ardiansyah Ardiansyah]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 1, No 1 (2016): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v1i1.233
<![CDATA[The prohibition and sanction criminal acts of sexual violence in the household, according to Law No. 23 of 2004 on the Elimination of Domestic Violence and Islamic law. This research is motivated by the issue of a deviant sexual towards his wife, where problems in the private sphere has been appointed to the public domain through which no detailed PKDRT Regulation explains the term forcing sexual intercourse as a form of violence. Approach legislation, conceptual, philosophical and juridical comparison is used to analyze the prohibition and sanction criminal acts of violence. Islamic law explains that sexual violence against wives are despicable acts and prohibited. Islam considers sexual violence than because the two sides (husband and wife). Meanwhile, the perpetrators of criminal sanctions can be sanctioned as jarimah ta’zir. Meanwhile, according to Law PKDRT that each act of sexual violence or similar coercive sexual relations are prohibited. The sanction is imprisonment or a fine. The second equation of the law is equally considers the act contains harm or evil. Meanwhile, the difference is that in Islamic law to first see the cause and effect of violence, both in terms of the condition of both husband and wife. Meanwhile, the Law PKDRT otherwise. Differences were also found in the penal provisions. In Islamic law, perpetrators can be sanctioned jarimah ta’zir where possible occurrence of sanctions mildest to the most severe. Meanwhile, in the Act PKDRT there is no a minimal set of sanctions so that it is possible for the victims of injustice.]]>
<![CDATA[Sanksi Hukum Poligami Tanpa Izin Pengadilan Agama Dalam Kitab Undang-Undang Hukum Pidana Ditinjau Dari Hukum Islam ]]>
<![CDATA[Raflisman Raflisman]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 1, No 1 (2016): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v1i1.238
<![CDATA[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.]]>
<![CDATA[Sanksi Bagi Pemberi Dan Penerima Gratifikasi Perspektif Hukum Pidana Islam ]]>
<![CDATA[Toha Andiko]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 1, No 1 (2016): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v1i1.224
<![CDATA[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). ]]>
<![CDATA[Pertimbangan Hakim Pengadilan Agama Curup Terhadap Izin Poligami Suami Yang Tidak Memenuhi Syarat Poligami Dalam Hukum Positif Di Indonesia ]]>
<![CDATA[Orin Oktasari]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 1, No 1 (2016): APRIL ]]>
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DOI: 10.29300/qys.v1i1.234
<![CDATA[Consideration Of Judge In Religious Court Of Curup On Permitting The Polygamy Of Husband Who Do Not Eligible For Polygamy In According To Indonesia’s Positive Law. Religious Court in its task of giving a decision on the application for polygamy, guided by the rules, namely Law No. 1 of 1974, Government Regulation No. 9 of 1975 and the Compilation of Islamic Law. Examples of cases that occurred in 2013 in case No. 142 / Pdt.G / 2013 / PA CRP.and Case Number: 542 / Pdt.G / 2013 / PA CRP. This paper is discussing a review of Islamic law against the decision of the permission for polygamy who do not eligible, consideration of the judge in deciding the permission of polygamy and the power of law permits polygamy who are not eligible. This type of research is normative empirical, and data analysis with qualitative methods. Collecting data using techniques of documentation, interviews and observation. The results of this study indicate first, in Islamic law, the decision on case number 142 / Pdt.G / 2013 / PA CRP and case number 542 / Pdt.G / 2013 / PA CRP were determined by a panel of judges have compatibility with the context of ijtihad, and the results of its legal can be carried out without shutting down the previous law. The result of this decision is a form to fill a legal vacuum. Then, the Religious Court judges of Curup perform legal breakthrough (contralegem), because it does not apply Article 4 (2) of Law No. 1 of 1974 in the examination of the case. So the legal reasoning used by the judge in deciding the case number 142 / Pdt.G / 2013 / PA CRP and case number 542 / Pdt.G / 2013 / PA CRP is weak because it does not correspond to the reasons for the permissibility of polygamy in the legislation.]]>
