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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 6 Documents
 1 
Search results for , issue "Vol. 3 No. 1 (2024)" : 6 Documents clear
Telaah Kajian Urf terhadap Kebiasaan Wanita Berhias Saat Menghadiri Pesta Pernikahan Di Kecamatan Kotapadang Perawati, Perawati; Yusefri, Yusefri; Nasution, Aida Rahmi
Berasan: Journal of Islamic Civil Law Vol. 3 No. 1 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v3i1.8413

Abstract

The purpose of this study is to answer the question of how to study urf on the habits of decorated women when attending weddings in Kotapadang District. Research methods used in empirical juridical research. Based on urf's review of the motivations of women's habits in decoration, it is seen from good motivation, one of which is to increase self-confidence, maintain the dignity of the husband, and appreciate the invitee, and see that the wedding party is a very special moment where many people gather, so in urf's view it is permissible because it provides good benefits and there is no prohibition to decorate as long as the decoration is in accordance with ekika the decoration of Islamic Shari'a. by not opening the aurat nor exaggerating and not showing the jewelry he wears other than what can be seen. The custom of decorated women while attending weddings is included in the Al-'urf al-'amali/fi'li.
Analisis Fenomena Dispensasi Kawin di Pengadilan Agama Lebong Sab, Waas
Berasan: Journal of Islamic Civil Law Vol. 3 No. 1 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v3i1.7500

Abstract

The main problem in this study is the increase in the number of marriage dispensation applications from 2019-2021 after the birth of Law No. 16 of 2019. The purpose of this study is to find out the causal factors and the basis of consideration used by the judge in granting the application for marriage dispensation at the Lebong Religious Court. This type of research research is field research. The sources of data for this research are: 1) primary data, the results of interviews with judges at the Lebong Religious Court, especially judges who handle marriage dispensation cases; 2) secondary data, including official documents, books, research results in the form of reports and so on, the secondary data source in this study is the case of the marriage dispensation application being granted. After the data is obtained, it is then processed and analyzed with steps in the form of data reduction, data presentation and verification or drawing conclusions. Based on the results of the research while at the Lebong Religious Court, there are 5 factors that cause the increase in the submission of marriage dispensation applications, namely: (1) Factors affecting the amendment of Law no. 16 of 2019, (2) pregnancy factors, (3) education factors, (4) economic factors, and (5) factors that desire children to get married at an early age. Then the basis of the judge's consideration in granting the application for marriage dispensation at the Lebong Religious Court is: (1) there is an urgent reason that is urgent in nature such as the bride-to-be is pregnant, (2) the intention of the applicants, the judge will see the intention of the applicant, which is not only from tahsiniyat but must be zero darruriyat, (3) the completeness of administrative requirements, (4) the statements of children and witnesses,  (5) the physical and mental maturity of the child and, (6) the two prospective brides do not have a relationship that prohibits them from marrying.
Sistem Pewarisan Adat Lampung Pepadun Ditinjau Dari Perspektif Keadilan Dalam Tafsir Al Mishbah Haris, Abdul; Amanda, Nuresa Divani
Berasan: Journal of Islamic Civil Law Vol. 3 No. 1 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v3i1.10432

Abstract

The indigenous people of Lampung Pepadun adhere to the majority inheritance system, namely the ownership of inheritance property that is given to only one heir, namely the eldest son or balancer. In addition to ownership rights, they are also charged with the obligation to guard, utilize, and preserve the property, as well as bear and meet the needs of their other siblings. The objectives of this study are: 1) To find out how the Lampung Pepadun customary inheritance system is, and 2) To find out how the inheritance system is reviewed from the concept of justice in Tafsir Al Mishbah by Quraish Shihab. This research is included in the type of empirical legal research because the data used are directly sourced from the results of observations and direct interviews with informants. The approach used is a sociological juridical approach used to analyze how a law affects society and how reactions and interactions occur when a norm works in society. The two conclusions that were drawn were First, in the Lampung Pepadun customary inheritance system, the inheritance is divided into a bodel given to the balancer and a sesan given to the daughter, while the other boys get a share of the benefits based on the approval of the balancer. Second, this inheritance system does not contradict the concept of justice according to Tafsir Al Mishbah, because the distribution of inheritance has taken into account the needs of each individual, all heirs also have the opportunity to enjoy the inheritance of the heirs.
Keabsahaan Talak Di Luar Pengadilan Agama Perspektif Hukum Islam Dan Hukum Positif Azhari, Doni Azhari; Asmuni, Asmuni
Berasan: Journal of Islamic Civil Law Vol. 3 No. 1 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v3i1.10482

Abstract

This paper aims to strengthen the opinion or concept of the validity of a law relating to triple talaq out of court with the perspective of Islamic law and positive law. This paper is the result of qualitative research on a number of data sources (works); books and articles discussing and/or research results regarding the legal validity of triple talaq outside the religious courts. To see the role and/or function of writing, Teubner's theory of legal certainty is used, the law that can satisfy all parties is responsive law and responsive law is only born if there is democratization of legislation. Without democracy (community participation) in the legislative process the result will never give birth to an independent law. The interests of the community are neglected because the law is independent because its meanings refer to itself (justice, certainty, benefit). Law Number 1 of 1974, the pronouncement of divorce must be done in front of the court, otherwise the divorce is not recognized by state law. And the husband and wife are still bound by state law even though according to Islamic law they are no longer husband and wife.
Cerai Gugat Verstek di Pengadilan Agama Surabaya Perspektif Maslahah Daruriyah Midun, Ahmidi
Berasan: Journal of Islamic Civil Law Vol. 3 No. 1 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v3i1.9723

Abstract

The purpose of this study is to see how Islamic law is viewed if a wife wants to give up marriage for reasons that threaten her body and soul, which is reviewed from the perspective of Maslahah Daruriyah. Divorce is an attempt to release a marriage bond caused by disharmony in the household of both parties or husband and wife. One of the two types of divorce is a lawsuit divorce, in which the wife makes a claim for the right to the court to release the marriage bond. One of them happened in the decision of the Surabaya Religious Court, where one of the reasons for the objector was irresponsible husband, domestic violence and selfishness. The results of this study show that, the divorce that occurred in the Surabaya religious court if it is associated with the theory of Maslahah, then it is included in Maslahah Daruriyah, because if this divorce is not fulfilled or not carried out, it will result in damage and disability in the human being, so it is necessary to divorce as a way to meet the primary needs of human beings and achieve benefits. This research uses the normative juridical method, which is carried out to identify the concepts, principles and principles of sharia related to divorce lawsuits.
Pembatalan Perkawinan Akibat Pemalsuan Identitas Pengadilan Agama Bandung Kamelia, Kamelia; Husna, Veny Nisratul; Pranata, Ardian Ari; Hikmah, Lisda Jumatul; Armasito, Armasito
Berasan: Journal of Islamic Civil Law Vol. 3 No. 1 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v3i1.8999

Abstract

This study aims to analyze the factors that cause the annulment of marriage due to identity forgery, the evidentiary process at the Bandung Religious Court, and the legal consequences for related parties. This research is an empirical research. Empirical legal research aims to obtain data and information on the practice of marriage annulment due to identity forgery at the Bandung Religious Court. The data and information that can be collected in this study include court decisions related to the annulment of marriage due to identity forgery. The annulment of marriage is carried out after the marriage has been completed, but also by using the same reason as the reason for the prevention of marriage. Based on the results of the research, it was concluded that the annulment of marriage due to identity forgery at the Bandung Religious Court was caused by several factors, such as the desire to get benefits, dishonesty, and administrative errors. The evidentiary process in this marriage annulment case requires strict proof and is based on valid evidence. Legal consequences for parties who falsify identity can be in the form of annulment of marriage, return of property, and liability for wedding expenses.

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