Berasan: Journal of Islamic Civil Law
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
Articles
40 Documents
<![CDATA[Prosesi Adat Sebelum Perkawinan Suku Rejang Di Kabupaten Rejang Lebong Dalam Perspektif Hadits ]]>
<![CDATA[Syah, Mabrur]]>;
<![CDATA[Supian, Aan]]>
<![CDATA[ Berasan: Journal of Islamic Civil Law Vol. 2 No. 1 (2023) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Curup ]]>
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DOI: 10.29240/berasan.v2i1.6595
<![CDATA[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.]]>
<![CDATA[Konsep Akad dan Perjanjian Dalam Perspektif Hukum Islam Dan Hukum Perdata ]]>
<![CDATA[Arif, Muhammad]]>;
<![CDATA[Sari, Widya]]>
<![CDATA[ Berasan: Journal of Islamic Civil Law Vol. 1 No. 2 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Curup ]]>
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DOI: 10.29240/berasan.v1i2.6054
<![CDATA[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.]]>
<![CDATA[Hukum Keluarga Islam Di Indonesia Dalam Diskursus Ketidaksetaraan Gender ]]>
<![CDATA[Hayati, Ilda]]>;
<![CDATA[Edyar, Busman]]>;
<![CDATA[Sanjaya, Rhandi]]>
<![CDATA[ Berasan: Journal of Islamic Civil Law Vol. 2 No. 2 (2023) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Curup ]]>
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DOI: 10.29240/berasan.v2i2.8650
<![CDATA[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.]]>
<![CDATA[Prinsip Syariah dalam Kontrol Investasi Wakaf Kontemporer ]]>
<![CDATA[Dzar, Muhammad Abu]]>
<![CDATA[ Berasan: Journal of Islamic Civil Law Vol. 2 No. 1 (2023) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Curup ]]>
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DOI: 10.29240/berasan.v2i1.7216
<![CDATA[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.]]>
<![CDATA[Reformasi Hukum Keluarga Islam di Turki: Dari Tradisional ke Modern ]]>
<![CDATA[Hakim, Muhammad Lutfi]]>
<![CDATA[ Berasan: Journal of Islamic Civil Law Vol. 1 No. 1 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Curup ]]>
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DOI: 10.29240/berasan.v1i1.4741
<![CDATA[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.]]>
<![CDATA[Sistem Pewarisan Adat Lampung Pepadun Ditinjau Dari Perspektif Keadilan Dalam Tafsir Al Mishbah ]]>
<![CDATA[Haris, Abdul]]>;
<![CDATA[Amanda, Nuresa Divani]]>
<![CDATA[ Berasan: Journal of Islamic Civil Law Vol. 3 No. 1 (2024) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Curup ]]>
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DOI: 10.29240/berasan.v3i1.10432
<![CDATA[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.]]>
<![CDATA[Sharia Economic Dispute Settlement at the Bengkulu Religious Court Case Study Case Decision Number 0161/Pdt.G/2017/PA.Bn ]]>
<![CDATA[Sumanda, Ruly]]>
<![CDATA[ Berasan: Journal of Islamic Civil Law Vol. 2 No. 1 (2023) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Curup ]]>
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DOI: 10.29240/berasan.v2i1.7217
<![CDATA[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.]]>
<![CDATA[Pemahaman Masyarakat Muslim Tentang Kedudukan Wali Dalam Pernikahan ]]>
<![CDATA[Yarmunida, Miti]]>
<![CDATA[ Berasan: Journal of Islamic Civil Law Vol. 1 No. 2 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Curup ]]>
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DOI: 10.29240/berasan.v1i2.6041
<![CDATA[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]]>
<![CDATA[Upaya Mantan Istri Dalam Menuntut Nafkah Anak Pasca Perceraian ]]>
<![CDATA[Sitorus, Iwan Romadhan]]>
<![CDATA[ Berasan: Journal of Islamic Civil Law Vol. 2 No. 2 (2023) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Curup ]]>
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DOI: 10.29240/berasan.v2i2.9177
<![CDATA[The purpose of this study is to answer how ex-wives' efforts in demanding child support after divorce. The research method used is empirical normative with deductive approach analysis. The results of the study stated that, if related to the problems in this paper that concern efforts that can be made to force the male parent (father) to fulfill the contents of the decision of the Religious Court that punishes him to provide for the child, then the mother can request the execution of payment of living expenses to the Religious Court to force the male parent (father) to provide for the child's bread. The mother can apply for execution against the male parent (father) who neglects the obligation to provide for the child, of course, it can only be done if the male parent (father) has property that can be executed. The issue of living costs cannot also be overcome through legal remedies if it turns out that the property of his parents does not exist, so even if he asks for execution it will be in vain. Furthermore, if from the beginning, the cost of living is not requested by the mother at the time of examination of the divorce dispute and then it turns out that the male parent (father) did not provide the child's bread, then the mother can file a claim for child support against the male parent (father) to the Religious Court which is separate from the previous divorce dispute.]]>
<![CDATA[Dinamika Pencatatan Pernikahan Di Indonesia dalam Kajian Maslahah Mursalah ]]>
<![CDATA[Yusmita, Yusmita]]>
<![CDATA[ Berasan: Journal of Islamic Civil Law Vol. 2 No. 1 (2023) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Curup ]]>
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DOI: 10.29240/berasan.v2i1.7218
<![CDATA[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]]>
