cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Laras Shesa
Contact Email
larasshesa@iaincurup.ac.id
Phone
+6282375625253
Journal Mail Official
larasshesa@iaincurup.ac.id
Editorial Address
Pusat Penerbitan dan Publikasi Ilmiah Institut Agama Islam Negeri Curup Jl. Dr. Ak. Gani No. 01 Curup, Rejang Lebong Bengkulu - Indonesia
Location
Kab. rejang lebong,
Bengkulu
INDONESIA
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 40 Documents
 1   2   3   4 
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.
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.
Metode Talfik Di Sudan Sebagai Wujud Perkembangan Hukum Keluarga Islam Elkhairati, Elkhairati
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.v2i2.9165

Abstract

The reform of Islamic family law should involve a process of consultation, dialogue, and participation involving scholars, Islamic jurists, religious leaders, and the Muslim community at large. The aim is to strike a balance between maintaining the tenets of the Islamic religion and meeting the needs and aspirations of modern Muslim societies. In this study, the highlight is the renewal of Islamic family law in Sudan. The method used in this study is a qualitative approach and is a type of library research. Library research method, also known as literature research or literature research, is a research approach that involves the use of library and library resources as the main source of information. This method relies on the analysis of previously published relevant literature, such as books, journals, articles, reports, and other documents. The birth of legal products in Sudan, full of dynamics and colors. Starting from the formalistic Islamization of law carried out by Numeiri, until the end, Sudan is now divided into two states. In the context of Islamic family law in Sudan and Indonesia, there are prominent and almost identical differences. A very prominent difference is seen in terms of legislation. In Sudan, all forms of statutory decisions are given full rights to Judges. In Sudan, judges are acquitted of their legal rulings. Sudan's talfic method of formalizing the law became commonplace and not foreign or taboo.
Dualisme Sistem Pewarisan Menurut Hukum Perdata dan Hukum Adat Muko-Muko Lestari, Dewi; Jaya, Dwi Putra
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.v1i2.6040

Abstract

 Abstract: The purpose of this study is to answer the problem of the Dualism of the Inheritance System According to Civil Law and Mukomuko Customary Law.  This research uses an empirical approach that aims to understand that the law is not solely a set of laws and regulations. Based on the results of research and discussion on the division of patrilinial inheritance, the author can conclude as follows: The people of mukomuko district still use the customary law system in the division of inheritance law so that the lack of knowledge of the community about civil law and society in general therefore the community is only guided by the family way related to the transfer of inheritance rights. The inheritance system according to civil law and customary law mukomuko Transfer of inheritance rights regarding the skills and acting authority of those who will transfer and accept the transfer of rights to the Inheritance. The obstacles that occur in the implementation of the transfer of property rights due to inheritance are caused by the community being reluctant to use the national legal system, namely civil law.
Analisis Hukum Perdata Islam mengenai Wasiat Terhadap Putusan Mahkamah Agung Nomor: 379 K/AG/2009 Rahman, Lingga Abi; Ermia, Vivin
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.v2i2.9216

Abstract

The purpose of this study is to answer the question of how the analysis of Islamic Civil law regarding wills in the Supreme Court Decision Number: 379 K/AG/2009. A will is made with the aim that the heirs cannot know whether the inheritance left by the testator will be inherited by his heirs or whether it will be inherited by another party who is not at all |heirs until the time comes to read the will. In particular, testamentary items must not exceed 1/3 of the assets of the testator, if this is the case then it could be considered not in accordance with the will rules. The results of this analysis found that the will does not have an absolute position to be carried out/executed. This can happen if the execution of the will is obstructed by the owner of the object of the will. Therefore, it can be said that a will made as a last will is not necessarily a last will, because it can be canceled or annulled by law. Cancellation is carried out if the disputing party submits the matter to the court, then the position of the will becomes not absolute to be implemented if the will is an nulled or an nulled by law incourt. The importance of a will in estate planning lies not only in the distribution of assets, but also in the arrangement of issues such as dependents and obligations. Thus, a will becomes a vital legal instrument in protecting a person’s interests and wishes after death.
Analisis Sosiologi Hukum atas Polemik dan Dampak Meningkatnya Permohonan Dispensasi Perkawinan di Jawa Timur tahun 2022 Khaidarulloh, Khaidarulloh
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.v2i1.6797

Abstract

Marriage is an important institution in human social life, both in terms of religion, culture, and law. However, in some cases, there are situations where couples who want to marry must request dispensation from the applicable law, as was the case in East Java in 2022, where there was an increase in the number of applications for marriage dispensation. This study aims to analyze social and legal factors with a sociological-jurisprudence approach. The research method used is a qualitative approach using literature study techniques and relevant skunder data related to the dynamics of the marriage dispensation. The results showed that factors influencing the decision to apply for marriage dispensation include economic, cultural, religious factors, also influenced by social changes and policies related to the minimum age of marriage. The polemic regarding the marriage dispensation needs to get deeper attention, so that the judiciary and the government can determine the right policy to deal with the phenomenon.
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.
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.
Revitalisasi Nilai Islam dalam Adat Perkawinan pada Tradisi Piti Rambang Yuniardi, Harry
Berasan: Journal of Islamic Civil Law Vol. 3 No. 2 (2024): Desember 2024
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v3i2.11753

Abstract

This study aims to analyze the practice of Piti Rambang in the perspective of Islamic civil law, as well as how the revitalization of Islamic values can be applied to harmonize customs with the principles of justice and protection of women's rights. This study uses an analytical descriptive method with a normative-empirical approach. The normative approach is carried out through the study of Islamic law, the Marriage Law, and human rights law in Indonesia. Meanwhile, an empirical approach is carried out through secondary data analysis related to Piti Rambang's practices, interviews with traditional leaders, academics, and women activists in Sumba. The results of the study show that the practice of Piti Rambang is contrary to the basic principles of marriage in Islam, which emphasizes the willingness of both parties (ridha) and gender justice. In national law, this practice violates the provisions of Article 6 of Law Number 1 of 1974 concerning Marriage, which requires the consent of both prospective brides. In addition, Piti Rambang can also be categorized as a violation of human rights and kidnapping based on Articles 328 and 333 of the Criminal Code. As an effort to revitalize Islamic values in marriage customs, it is necessary to carry out a reconstruction of customary law that is more oriented towards the values of sakinah, mawaddah, wa rahmah, as well as education to the public about women's rights in marriage. Local governments, religious leaders, and women's protection institutions must play an active role in conducting socialization and advocacy to ensure that Islamic customs and laws can run in harmony without harming certain parties, especially women.

Page 3 of 4 | Total Record : 40

 1   2   3   4 

Filter by Year

2022 2025


Reset
Filter By Issues
All Issue Vol. 4 No. 1 (2025) Vol. 3 No. 2 (2024): Desember 2024 Vol. 3 No. 1 (2024) Vol. 2 No. 2 (2023) Vol. 2 No. 1 (2023) Vol. 1 No. 2 (2022) Vol. 1 No. 1 (2022)