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[PENGATURAN TALAK DAN ‘IDDAH (STUDI KOMPARATIF PRESPEKTIF FIKIH EMPAT MAZHAB DAN KOMPILASI HUKUM ISLAM (KHI)) ]]>
<![CDATA[Zakiyah Hayati]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 1 (2017): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v2i1.463
<![CDATA[A happy family is born and the inner desire of each partner and the individuals who are in a family. But do not rule out the cherished goal, covenants they make together experiencing the shock impacting on the creation of the marital discord, disagreement, each party still carries each ego respectively. Therefore the happy marriage which was originally going to be cracks or divorce. With the divorce, the consequences are ‘Iddah. In the case of divorce and ‘Iddah arrangement was stipulated in Islamic law either globally or specifically (the four schools of jurisprudence) and Islamic Law Compilation (KHI).The problems of this study was twofold: 1. How do the provisions of divorce and ‘Iddah according to the four schools of fiqh and Islamic Law Compilation (KHI)? 2. How Relevance provisions of divorce and ‘Iddah according to the four schools of fiqh and Islamic Law Compilation (KHI) In the era of modern society ?.The method used in this compiler is a comparative descriptive method that describes the view of the four schools of jurisprudence about the divorce arrangements and ‘Iddah then linked to Islamic Law Compilation (KHI) in Indonesia. Type of research is the research library (library research), whereas the approach used in this study is a normative approach. In analyzing the data compiler using the deductive method with deductive mindset is to analyze the problem of divorce and ‘Iddah in general and then withdrawn on dissent in the Four Schools of Jurisprudence about the divorce arrangements and ‘Iddah.From the analysis that has been done in this study setting divorce and ‘Iddah contained in Jurisprudence four schools and Islamic Law Compilation (KHI) do not have much difference, and with the relevance of Jurisprudence four schools and Islamic Law Compilation (KHI) portion of provisions divorce and ‘Iddah that has prevailed still be valid in the era of modern society]]>
<![CDATA[JUDGMENT KANTOR URUSAN AGAMA TERHADAP NIKAH USIA MUDA PERSPEKTIF MAQASID SYARI’AH (STUDI KASUS DI KUA KECAMATAN TELUK SEGARA KOTA BENGKULU) ]]>
<![CDATA[Sahmul Basil]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 1 (2017): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v2i1.459
<![CDATA[This study raises the issue of judgment KUA officials Segara bay towards young marriage and Maqasid Syariah perspective to judgment KUA officials against young marriage. The purpose of this research is to know. This type of research that is used in preparing this thesis is qualitative data collection techniques of observation, interviews and documentation, obtained through informant interviews at KUA officials and local community leaders. After the data obtained qualitatively analyzed by means of: data reduction (data reduction), presentation of data (data display), and draw conclusions (verification). The results showed that the Gulf KUA officials Segara judgment against young marriage that essentially passive KUA not pick up the ball means KUA only receives and selects the terms proposed by the prospective bridegroom and bride age if found lacking as has been required by the Act No. 1 In 1974, the Syariah perspective Maqasid Overview judgment KUA officials against young age of marriage is correct because Islam maintain the benefit of the family in particular and society in general. This is in accordance with the rules of fiqh “Maslahah Muarsalah” ie assuming that this law is just a tool that the end goal is to create a benefit for mankind. Given madaratnya arising from a young age marriage was a very big influence on domestic and social life, the government reserves the right to make the minimum marriage age limit requirement as stipulated in Law No. marriage 1 of 1974 Article 7 paragraph (1) and KHI Article 15 paragraph (1).]]>
<![CDATA[PENYELESAIAN SENGKETA RUMAH TANGGA PERSPEKTIF TAFSIR BUYA HAMKA TERHADAP SURAT AN-NISA AYAT 34 – 35 ]]>
<![CDATA[Tri Oktorinda]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 1 (2017): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v2i1.464
<![CDATA[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.]]>
<![CDATA[FAKTOR PENYEBAB KEENGGANAN ISTERI MENGAJUKAN GUGAT CERAI TERHADAP SUAMI YANG MELANGGAR SIGHAT TAKLIK TALAK DI KECAMATAN KAUR SELATAN KABUPATEN KAUR ]]>
<![CDATA[Sri Dian Harizon]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 1 (2017): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v2i1.460
<![CDATA[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]]>
<![CDATA[IMPLEMENTASI HUKUM WARIS ISLAM PADA MASYARAKAT KECAMATAN KEPAHIANG KABUPATEN KEPAHIANG ]]>
<![CDATA[Eka Rahayu Purbenazir]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 1 (2017): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v2i1.465
<![CDATA[This study raises the issue of implementation inheritance practices in society Kepahiang District of Kepahiang. So the urgency to fix the system of inheritance which has become a tradition for generations was considered good by most people Kepahiang to return it to the Islamic inheritance in order to create a qualified Muslim community. The purpose of this study (1) To investigate the implementation of the community Kepahiang inheritance; (2) To identify the background on which to base the distribution of the next of kin; (3) To analyze the views of Islamic law on inheritance practices implementation in society Kepahiang and add related intellectual treasures of Islamic heritage. This study uses content analysis (content analysis), with a historical-normative approach. The results showed that (1) In general practice division of the estate made by the people Kepahiang is with individual bilateral inheritance system through the deliberation and peace, this is done to anticipate disputes among heirs and to the achievement of welfare. It is also a habit of going on and practiced repeatedly and well-regarded in the community, while the comparison section received between heirs male and female heirs depending on the results of consultation with emphasis on the principle of mutual benefit and willingly accept any portion thereof, more often equally or 1:1; (2) The basis for the implementation of the division of inheritance in Kepahiang society is based on its own traditions that have been embraced for generations. Although there are based on the Islamic inheritance, only when executing by way of inheritance Islam, then the disagreement / dispute they choose to implement with the tradition that has been handed down it; (3) The distribution of inheritance in the District Kepahiang society Kepahiang using a system of equal division is not in accordance with Islamic law, because the procedure of distribution carried out by dividing the average whole inheritance to the heir on the legal basis is very weak. But the practice of the division of the estate in the District Kepahiang society can be viewed as the result of social construction, but in this Islamic regards the division of inheritance practices such as ‘urf fasid because it is contrary to the text (Nash) of syariat. Especially if the grounds of gender equality that will bring destruction and not in line with the objectives of the estabilishment of syari’at.]]>
<![CDATA[EKSEKUSI HAK TANGGUNGAN DI BANK SYARIAH PASCA UNDANG-UNDANG NOMOR 3 TAHUN 2006 ]]>
<![CDATA[Suhaimi Suhaimi]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 1 (2017): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v2i1.461
<![CDATA[The implications of Law No. 3 of 2006 on religious courts, that the authority of the religious court expanded that includes Islamic economics were showcased in Article 49, that the logical consequence aspects of constitutional courts religion to be the only court with jurisdiction over issues that occur against Islamic economics , Writing in this thesis aims to know how the setting and execution of a security interest in the post of Islamic Banks law No. 3 of 2006. In terms of the types and nature, this research includes the study of normative law, because it is done from a juridical standpoint. The approach used in this research is descriptive analysis, the authors describe all the existing materials and then analyze the content analysis method. From the research found that setting the execution of Responsibility Rights in Islamic banks is through the religious court and use the settings general civil law and the execution of Responsibility Rights in Islamic banks initiated by filing a subpoena in a religious court so that the court religion did session aan maning form of reprimand against customer default to meet its obligations as an Islamic bank customers, and than if customers do not do it next Islamic banks apply for the execution of Responsibility Rights to the customer. Head of religious courts provide execution Responsibility Rights determination to further instruct the religious court bailiff accompanied by two witnesses to the execution of the seizure of the object. Then notified of the seizure to all agencies associated with the land and the buildings on it were confiscated]]>
<![CDATA[PENYELESAIAN SENGKETA PERKAWINAN MELALUI PERADILAN ADAT DI KECAMATAN TANJUNG KEMUNING ]]>
<![CDATA[Marpensory Marpensory]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 1 (2017): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v2i1.466
<![CDATA[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.”]]>
<![CDATA[RESPON MASYARAKAT TERHADAP PELAYANAN PERNIKAHAN PASCA PEMBERLAKUAN PERATURAN PEMERINTAH NOMOR 48 TAHUN 2014 TENTANG BIAYA NIKAH (STUDI KASUS DI KUA KEC. SELEBAR KOTA BENGKULU) ]]>
<![CDATA[Yurda Heti]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 1 (2017): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v2i1.462
<![CDATA[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 %]]>
<![CDATA[PERKAWINAN BELEKET MENURUT ADAT REJANG DI REJANG LEBONG DITINJAU DARI HUKUM ISLAM ]]>
<![CDATA[Sanuri Majana]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 1 (2017): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v2i1.467
<![CDATA[The custom is the code of conduct in life that includes real aspect that has been set as custom wedding, this research is the study of shapes of marriage beleket (mating honest) Rejang Rejang Lebong in customs. In this study researchers using this type of research libraries (Library Research). I.e. using techniques of data collection undertaken by way of reading and reviewing some literature or books as well as legislation relating to problems in thorough, as for activities conducted in the analysis of the data, namely: 1. Looking for books to find understanding and laws regulating marriage beleket (mating honest) custom Rejang. 2. Choose the verses of Qur’an and Hadith about marriage as well as books of Fiqh related. 3. create a systematic verses of Qur’an and Hadith and Fiqh books. 4. The Data obtained in the analysis of inductive qualitative basis.The results of this research indicate that: 1. marriage beleket/honest is a form of marriage in the family requires the Rejang, bid pay money to be honest or to the girl leket and in mating beleket/jujurnya big money this honest and much more cakkercik (besides money). honest marriage is a form of marriage eksogami, children then enter klen or bloodlines father, because marriage is a marriage that ensured beleket bloodlines patrlineal.2. in the the purpose of Marriage beleket is equal to marriage in accordance with the concept of marriage in Islam i.e. marriage must be Sekufu described in the Qur’an in Sura An Nur, verse 26 An Nur, verse 3 and Al Hujurat verse 13. In the procession of honest marriage/marriage beleket Rejang Rejang Lebong in customs were in accordance with the marriage in Islam and not against syari ‘, but with a result of beleket in the form of marriage gitie tikea (replace the mat) should be abandoned because it is in the form of the larger tikea gitie mafsadahnya from on maslahah obtained, according to the word of God Saw in Qur’an Sura Al-Baqarah verse and Hadith the Messenger of Almighty, 234. In fostering domestic life forms indigenous beleket Rejang marriage greater mafsadahnya of maslahah in accordance with the Quran, Hadith, Fiqh rules, so that the form of the marriage custom of the Rejang beleket called ‘urf fasid is incompatible with the Islamic Sharia’. The law it is al muharram li Dzatihi]]>
<![CDATA[EFEKTIVITAS MEDIASI DALAM PENCEGAHAN PERCERAIAN DI PENGADILAN AGAMA KELAS 1A KOTA BENGKULU ]]>
<![CDATA[Agung Supra Wijaya]]>
<![CDATA[ Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 1 (2017): APRIL ]]>
Publisher : <![CDATA[IAIN Bengkulu ]]>
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DOI: 10.29300/qys.v2i1.458
<![CDATA[Researcher discusses the problems effectiveness of mediation in Class 1A Religious Court of Bengkulu. In the first study that has been conducted by researchers at the Class 1A Religious Court of Bengkulu City found information about the low success of the mediation conducted by a judge mediator and the sheer number divorce cases in Class 1A Religious Court of Bengkulu. Based on the description above, the formulation of the problem: How is the effectiveness of mediation in preventing divorce conducted by the Religious Court of Bengkulu City Class 1A. And the factors that become supporting and inhibiting the success of mediation in Class 1A Religious Court of Bengkulu City . In this thesis the author uses the method used in the study of this law is the juridical sociological. Results from this study is the author concluded that the mediation is conducted in the Religious Court of Bengkulu City Class 1A by following the reference of PERMA No.01 of 2008 has not been effective although there are successful but still very low, many factors are the cause of which is the level of compliance in the community through the process of mediation is still very low, culture of people who argue that divorce is not a disgrace to individuals and families and the quality of the judges appointed as a mediator is still uneven and there are only four (6) judges who have attended mediation training organized by the Supreme Court Republic of Indonesia.]]>
