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Laras Shesa
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Pusat Penerbitan dan Publikasi Ilmiah Institut Agama Islam Negeri Curup Jl. Dr. Ak. Gani No. 01 Curup, Rejang Lebong Bengkulu - Indonesia
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Berasan: Journal of Islamic Civil Law
Published by Institut Agama Islam Negeri Curup
ISSN : 29632366     EISSN : 2963234X     DOI : 10.29240/berasan
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Berasan: Journal of Islamic Civil Law is published twice in a year, on June and December. This journal is published by the Institut Agama Islam Negeri Curup. This journal is projected as a media, sphere, and dessemination of scholars studies on islamic law issues. Indeed, Berasan invites all of participant—scholars and researchers to submit their best-papers, and publish it in Berasan: Journal of Islamic Civil Law Berasan: Islamic Civil Law Journal encompasses a broad range of research topics in Islamic law: Islamic Family Law, Islamic Civil Law, Legal Assistence in Islam, Religious Courts, Religious Courts Procedural Law, Islamic Civil Administration, Islamic Inheritance Law, Islam and Gender Discourse, Legal Drafting of Islamic Civil Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 1 No. 1 (2022)" : 5 Documents clear
Implementasi Hadhanah Pada Keluarga Pra Sejahtera (Di Kelurahan Talang Ulu Kabupaten Rejang Lebong) Ramayani, Mira; Yusefri, Yusefri; Hartini, Hartini
Berasan: Journal of Islamic Civil Law Vol. 1 No. 1 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v1i1.4706

Abstract

The role of hadhanah is very important in a family, especially underprivileged families who are in the spotlight of researchers. However, based on facts on the ground, it shows that pre-prosperous families have not implemented hadhanah properly. Therefore, further research is needed to find out how the understanding of underprivileged families in Talang Ulu Village, Rejang Lebong Regency about hadhanah, how to implement hadhanah in underprivileged families in Talang Ulu Village, Rejang Lebong Regency. This type of research is a qualitative field research. The data sources in this study are primary data sources, secondary data sources and tertiary data sources. The data collection techniques of this research were observation, interviews and documentation. The results showed that understanding of hadhanah by pre-prosperous families was quite good, as seen from the results of the study which showed that understanding ofhadhanah is an obligation of both parents, and if it is not implemented, it includes people who sin for wasting their children, will plunge the child on things that can damage the child's religion. The implementation of hadhanah in underprivileged families in Talang Ulu Village, Rejang Lebong Regency has not been implemented properly, it can be seen that parents let their children leave the house at sunset, let their children leave the five daily prayers on purpose, and do not supervise children's interactions which results in children who pregnant out of wedlock and must marry underage. Parents and families should set an example from themselves for their children, if parents do good things it will be an example and role model for children and become a good habit for the child.
Analisis Putusan MA Perkara No 916/Pdt.P/2022/PN.Sby Dalam Mengabulkan Permohonan Pencatatan Nikah Beda Agama Dalam Perspektif Undang-Undang Perkawinan No 1 Tahun 1974 Hakim, Anwar; Soderi, Ridhokimura
Berasan: Journal of Islamic Civil Law Vol. 1 No. 1 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v1i1.4736

Abstract

Abstract: Interfaith Marriage in the Perspective of Marriage Law No. 1 of 1974 (Review of Analysis of Article 2 of Law No. 1 of 1974 concerning Marriage). Indonesia is a country with a multi-religious society. The various religions and beliefs held by the Indonesian people open up the potential for interfaith marriages. Interfaith marriages often cause polemics in society, this is because in Indonesia interfaith marriage is something that is considered uncommon and contrary to religious beliefs held by the majority of Indonesian people. In Indonesia, the rules related to marriage are contained in Law No. 1 of 1974 concerning Marriage and the Compilation of Islamic Law. Article 2 of the Marriage Law No. 1 of 1974 states that "a marriage is said to be valid if it is carried out according to the laws of each religion and belief". Problems arise when marriages are carried out by different religions and different beliefs, and the article does not mention interfaith marriages. The purpose of writing this scientific article is to examine and analyze the meaning related to these rules and other rules related to marriage in the Indonesian legal system, in order to determine and confirm the position of interfaith marriages according to Indonesian laws and regulations. This research is a normative research using the approach of legislation in Indonesia. Based on the analysis of the legal material obtained, interfaith marriage according to the marriage law in Indonesia is not allowed.
Reformasi Hukum Keluarga Islam di Turki: Dari Tradisional ke Modern Hakim, Muhammad Lutfi
Berasan: Journal of Islamic Civil Law Vol. 1 No. 1 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v1i1.4741

Abstract

Sebagai pionir pembaharuan hukum keluarga Islam, Turki merupakan negara sekuler. Menariknya, materi-materi pembaharuan hukum keluarga tersebut dipengaruhi oleh perjumpaan Turki dengan ide-ide Barat. Dengan menggunakan pendekatan sejarah, artikel ini menemukan bahwa runtuhnya Kerajaan Turki Utsmani dan kemajuan yang telah dicapai negara Eropa Barat sedikit banyaknya berpengaruh terhadap pembaharuan hukum keluarga di Turki. Dengan menggunakan beberapa metode, Turki telah mereformasi hukum keluargnya pada bidang perkawinan Islam (fiqh munakahat) dan bidang hukum kewarisan Islam (fiqh mawaris). Materi-materi hukum keluarga tersebut bertentangan dengan hukum keluarga Islam tradisional. Hal ini dipengaruhi oleh ide-ide baru Barat yang diadopsi oleh Turki seperti rasionalisme, nasionalisme, demokrasi dan sebagainya.
Kesaksian Non Muslim Sebagai Alat Bukti Dalam Perkara Perceraian Menurut Hukum Islam (Studi Kasus di Pengadilan Agama Curup) Fuadi, Ahmad
Berasan: Journal of Islamic Civil Law Vol. 1 No. 1 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v1i1.4770

Abstract

In the examination of the case in the Religious Court, the persons who file the lawsuit must bring in evidence, one of which is the evidence of witnesses. So important is the role of proof with testimony, almost in every process of examining cases there is always testimony. However, there is a case filed by the plaintiff before the trial in which the witness presented by the plaintiff is a witness who is not Muslim (Non Muslim), while in Islamic law the majority of scholars absolutely do not allow non-Muslim testimony to be heard. The issue raised in this study is "Non-Muslim Testimony as Evidence of Divorce", so that researchers know whether the reasons and legal basis of the judges in accepting non-Muslim testimony as evidence in divorce cases at the Curup Religious Court and whether the acceptance of non-Muslim witnesses as evidence for divorce cases is in accordance with Islamic Law. This research uses field research methodology (field reasearch) and library research (library reasearch) which is descriptive which uses a qualitative approach. To obtain data, the author uses observation methods, interviews, and documentation and literature studies, namely by studying books on the concept of testimony and then analyzed based on facts that occur in the field. The results of the study: The reasons and legal basis of the judges in accepting non-Muslim testimony as evidence in divorce cases are witnesses not as legal requirements, witnesses as evidence related to formal requirements related to qadlaan, witnesses meet formal and material requirements as witnesses regulated by articles 171, 172, 175, 308 paragraphs (1) and Article 309 R.Bg, that in testimony the most important thing is that the witness must give testimony as seen. This is evidenced by the oath according to the religion of witnesses, both Muslims and non-Muslims, not violating the provisions of the applicable laws and regulations. The legal basis used is Article 54 of Law Number 7 of 1989, Article 49 paragraph (1) of Law Number 3 of 2006, concerning Religious Justice, and Article 19 of Law of the Republic of Indonesia Number 48 of 2009 concerning Judicial Power. Meanwhile, the acceptance of non-Muslim witnesses as evidence for divorce cases is not in accordance with the rules of Islamic law.
Peran Perbankan Syariah Dengan Prinsip Prinsip Syariah Konvergensi Septiana, Evy
Berasan: Journal of Islamic Civil Law Vol. 1 No. 1 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v1i1.4735

Abstract

This research is entitled The Role of Islamic Banking with Convergent Sharia Principles on Indonesia's Socio-Economic Construction. This study aims to determine whether sharia banking and sharia principles in Indonesia are in accordance with Islamic law and to find out how the convergence of sharia principles to the socio-economic construction of Indonesia. The research method used is a normative juridical approach with the data used are secondary data, and the data is analyzed juridically and quantitatively which is then interpreted from the results of data analysis in the form of deductive conclusions. Islamic banks are banks whose activities refer to Islam and in their activities do not charge interest or pay interest to customers. Islamic bank rewards received or paid to the bank, the agreement (contract) contained in Islamic banking must be subject to the terms and pillars of the contract as stipulated in Islamic law. Basically, Islamic banking in Indonesia has not been running in accordance with the rules of sharia law, therefore the Sharia Supervisory Board does not yet have clarity regarding the scientific capacity and capability of its interest in Indonesian economic issues, especially sharia banking. For this reason, there needs to be transparency from the MUI towards Islamic banks regarding the recommended DPS candidates, even if it is necessary there must be a fit and proper test mechanism for DPS candidates, especially those not from academia.

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