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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 46 Documents
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Prosesi Adat Sebelum Perkawinan Suku Rejang Di Kabupaten Rejang Lebong Dalam Perspektif Hadits Syah, Mabrur; Supian, Aan
Berasan: Journal of Islamic Civil Law Vol. 2 No. 1 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v2i1.6595

Abstract

The study aims to determine the traditional procession before the marriage of the Rejang tribe in  Rejang Lebong Regency in the perspective of hadith. The method used in this study  is qualitative research with library data sources using qualitative descriptive analysis techniques. The results of this study, first, the traditional procession before the marriage of the Rejang tribe began from mediak, bekulo, betunang, and sembeak sujud, majok sematen / bakea mengenyan, and deliberation in determining the place of residence after manikah and determining the status of congenital property.  The two traditional processions before the marriage of the Rejang tribe when viewed in the perspective of hadith t are in line with Islamic teachings, such as mediac  customs, namely the introduction of bachelors and girls to the Rejang tribe, such as ta'aruf whose implementation must pay attention to ethical norms in Islamic associations, bekulo and betunang customs are  identical to khitbah activities, the custom of prostration There is an element of learning ethics and manners in communicating for brides-to-be in everyday life  and the custom of determining the place of residence after manikah and determining the status of property is carried out by deliberation. The interaction of Islam with the Rejang culture at the ceremony before the wedding and the tools used in the ceremony have been acculturation, accomodation and integration. As the beginning of the activity begins  with the recitation of the basmalah and the ceremony ends with the recitation of the congratulatory prayer.
Konsep Akad dan Perjanjian Dalam Perspektif Hukum Islam Dan Hukum Perdata Arif, Muhammad; Sari, Widya
Berasan: Journal of Islamic Civil Law Vol. 1 No. 2 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v1i2.6054

Abstract

This paper aims to examine the concept of contract and agreement in the perspective of Islamic and Civil law. This is a literature review (library research). The data analysis method used is content analysis. The findings of this study reveal that both the provisions of Islamic law and the Civil Law related to contracts and agreements do not clearly describe the specific things that make a difference from the provisions of Islamic law and the provisions contained in the Civil Law. Based on this, of course at a glance it can be understood that contracts and agreements based on the provisions of Islamic law and the Civil Law are no different, because each requires the existence of a legal subject, legal object and legal substance itself which in real terms must be disclosed in the contract and agreement.
Hukum Keluarga Islam Di Indonesia Dalam Diskursus Ketidaksetaraan Gender Hayati, Ilda; Edyar, Busman; Sanjaya, Rhandi
Berasan: Journal of Islamic Civil Law Vol. 2 No. 2 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v2i2.8650

Abstract

This study aims to explain the concept of the Islamic family which is linked to the discourse of gender equality. The type of research is normative juridical with a fiqh approach and statute approach which is analyzed by means of prescriptive analysis. The results of the research found that Islamic family law (both in Islamic fiqh and the Compilation of Islamic Law) has a concept of gender relations that is different from the paradigm built by gender equality activists. This can be seen from the relationship between husband and wife and their respective rights and obligations (including polygamy), the existence of a marriage guardian for female brides (but not vice versa), the requirement of witnesses who count one man to two women, the provision of iddah for a woman whose marriage has ended, to the unequal share of inheritance between men and women where men get a share of two to one compared to daughters.
Prinsip Syariah dalam Kontrol Investasi Wakaf Kontemporer Dzar, Muhammad Abu
Berasan: Journal of Islamic Civil Law Vol. 2 No. 1 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v2i1.7216

Abstract

The purpose of this study is to find out what are the implementation of contemporary waqf investment models, then solve how Islamic law views the implementation of contemporary waqf investment and review in detail how the principles and signs of shari'ah for control of the implementation of contemporary waqf investment. This research is a descriptive-qualitative research. Data obtained through literature reading, analyzed and critically compromised for further narrative description.  The primary object of this study is the text, which in turn what is contained in the text will be reviewed in depth with the methodology of taking Islamic law. This research uses descriptive-qualitative analysis, data and information on matters related to this research are studied, reviewed, classified carefully, with the aim of finding legal provisions and principles of control over research problems. Based on data analysis, this study concludes that contemporary waqf investment law is permissible with various provisions according to the investment pattern applied. The sharia principle for contemporary investment control is that the form of investment must be in accordance with sharia and invested in lines that do not contradict the shari'a, should invest in various lines to reduce the possibility of losses that occur, written and officially written and insured with sharia insurance, investment must not conflict with the requirements of the waqf and not harmful to the benefit of the waqf itself.
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.
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.
Sharia Economic Dispute Settlement at the Bengkulu Religious Court Case Study Case Decision Number 0161/Pdt.G/2017/PA.Bn Sumanda, Ruly
Berasan: Journal of Islamic Civil Law Vol. 2 No. 1 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v2i1.7217

Abstract

The purpose of this study is to examine the answers to problems regarding the settlement of sharia economic disputes in the bengkulu religious court case study case decision number: 0161/Pdt.G/2017/PA.Bn. This research is motivated by the increase in sharia economic growth today so that many sharia institutions have been born in Indonesia. Along with the development of Islamic financial institutions in Indonesia, there will be a tangent point with the judicial world, especially religious courts. The tangent point is in terms of dispute resolution, namely when there is a dispute between a shari'ah financial institution and its customers. The type of research used in this study is sociological or empirical legal research. Sociological or empirical legal research is legal research that obtains primary data and secondary data. The researcher found that juridically the decision number: 0161/Pdt.G/2017/PA.BN was in accordance with the legal procedures (procedural law) applicable in a religious court. In this regard, this study found an example of a case between a shari'ah financial institution and its customers that was disputed at the Bengkulu Religious Court with Case Number: 0161/Pdt.G/2017/PA.Bn.
Pemahaman Masyarakat Muslim Tentang Kedudukan Wali Dalam Pernikahan Yarmunida, Miti
Berasan: Journal of Islamic Civil Law Vol. 1 No. 2 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v1i2.6041

Abstract

The purpose of this study is to describe the understanding of the muslim community about the position of guardians in Islam. The research method used is descriptive qualitative research. The data is extracted from primary data sources, namely the results of interviews with predetermined informants, secondary data sources are taken from references relevant to this research. The results showed that the majority of people did not understand the position of the guardian in marriage. Thus, the government in the field of Islamic religious education must make the content of the guardian position in Islam. This is very important for the validity of the marriage that will be carried out by both husband and wife and their offspring
Dinamika Pencatatan Pernikahan Di Indonesia dalam Kajian Maslahah Mursalah Yusmita, Yusmita
Berasan: Journal of Islamic Civil Law Vol. 2 No. 1 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v2i1.7218

Abstract

The purpose of this study is to answer how the application of mashlahah mursalah in marriage registration in Indonesia. The method in this study is a library method by reading books or magazines with other data sources in the library. In an axiological review, marriage registration is carried out to establish marriage order in society. It attempts to protect the dignity and sanctity of marriage, and more specifically women in domestic life. Through marriage registration as evidenced by a marriage certificate, each husband and wife get a copy. If in the future there are disputes and disputes between them, or one is not responsible, then the other can take legal remedies to defend or obtain their respective rights. This marriage registration brings great benefits to Muslims in Indonesia, especially women, especially wives. Jumhur fuqaha agreed that maslahat is acceptable in Islamic jurisprudence. All benefits must be taken as a source of law as long as they are not motivated by the impulse of lust not and do not contradict the nash and maqasid as-shari'. The mashalih mursalah is among the things discussed. One of the legal provisions based on maslahat mursalah is the necessity of marriage registration in KUA for Muslims in Indonesia
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.

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