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<![CDATA[I’RADH SUAMI DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF ]]>
<![CDATA[Fakhriyah Annisa Afroo]]>
<![CDATA[ QIYAS: JURNAL HUKUM ISLAM DAN PERADILAN Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[UIN Fatmawati Sukarno Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1307
<![CDATA[Husband’s i’radh In Islamic And Positive Law Perspective, i’radh is the husband who turns away, husband’s i’radh is the beginning of the cause of the emergence of nusyuz. In the positive law of Law No. 1 of 1974 concerning Marriage and compilation of Islamic Law does not mention the problem of the husband’s husband explicitly. However, according to the author, a husband can be considered as an iadrad if inside him contains the elements of the husband who violate taklik talak. differences and similarities in the views of husbands in the perspective of Islamic law and positive law, among others. In Islamic law, it is explicitly mentioned that i’radh in positive law does not explicitly mention i’radh or nusyuz husband. In Islamic law and positive law both use the path of peace, but when the peace that is done is unsuccessful, the wife can file a divorce. So that this husband could be the cause of the wife’s divorce case against the husband when he was already in the behavior, while when he was still within the boundary he could not be the reason for the divorce]]>
<![CDATA[PELAKSANAAN PERNIKAHAN DI BALAI NIKAH PASCA BERLAKUNYA PERATURAN PEMERINTAH NOMOR 19 TAHUN 2015 TENTANG PENERIMAAN NEGARA BUKAN PAJAK (Studi di Kantor Urusan Agama Kecamatan Ratu Agung Kota Bengkulu) ]]>
<![CDATA[Ali Warman]]>
<![CDATA[ QIYAS: JURNAL HUKUM ISLAM DAN PERADILAN Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[UIN Fatmawati Sukarno Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1312
<![CDATA[This study discusses the implementation of the determination of Integrated Marriage of The formulation of this re- search are: Firstly, how is the society’s response to the enactment of Government Regulation No. 19 of 2015 on Non-Tax State Revenue in the Ministry of Religious Affairs? Second, what factors cause the community to carry out marriage in the Central Marriage on KUA Kecamatan Ratu Agung?The type of this research is descriptive research with sociological juridical approach. Data collection using interview technique, observation, documentation. This study concludes that: Firstly, the public welcomes a positive response to the enactment of Government Regulation No. 19 of 2015. The regulation is considered as the government’s new breakthrough to discipline the marriage cost so as to minimize illegal levies. In addition, people with limited economic abil- ity who want to get married is greatly helped by the existence of this provision. If previously the cost of marriage is felt by them is quite high, with this provision they can perform the marriage for free with the condition must be implemented in the Office of Religious Affairs and at work hours. Of course this gets a positive response from the community, because it is very helpful espe- cially for the middle to lower society. Secondly, the factors that cause the community to carry out marriage in the marriage hall at the Office of Religious Affairs of Ratu Agung District are economic factors and work permits. In general, informants stated that getting married in the Office of Religious Affairs without cost so as to ease the financial burden. In addition, the informant was married in the Office of Religious Affairs of Ratu Agung Sub-district due to the reason of the work permit which was not long]]>
<![CDATA[TINJAUAN MAQASID SYARIAH TERHADAP ISBAT NIKAH ANALISIS PENETAPAN HAKIM PENGADILAN AGAMA ARGA MAKMUR NOMOR 0110/PDT.P/2016/PA.AGM DAN NOMOR 0128/PDT.P/2016/PA.AGM ]]>
<![CDATA[Armalina Armalina]]>
<![CDATA[ QIYAS: JURNAL HUKUM ISLAM DAN PERADILAN Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[UIN Fatmawati Sukarno Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1317
<![CDATA[Maqasid Syariah is the objective of recommendation for Islamic law, while Isbat marriage is the endorsement of marriages that have been held according to Islamic Shari’a, but not recorded by Religious Affairs Office (KUA) or the Marriage Registry Official (PPN) authorized. The compilation of Islamic Law which has the power of Inpres limits the permissible cases to be attributed. The formulation of this research problem is how the basis of judges’ consideration as well as how the analysis of maqasidsyariah to the determination of the case Number 0110 / Pdt.P / 2016 / PA.AGM and Number 0128 / Pdt.P / 2016/ PA.AGM about isbat marriage. The research method was used qualitative descriptive analysis that was the data processing obtained in the field study result which then combined with data obtained from literature study, in order to obtainthe accurate data. The approach was used the juridical approach. The location of the research was conducted in Arga Makmur Religious Court. Primary data sources obtained through interviews with Judges involved in the establishment of isbat marriage. Second- ary data sources was included the legislation and court decisions, coupled with literature relevant to marriageisbat issues. The result of the research was found that judge consideration in the determination of case Number 0110 / Pdt.P / 2016 / PA.AGM and Number 0128 / Pdt.P / 2016 / PA.AGM on marriage isbat based on juridical, philosophical and sociological considerations. The juridical isbat marriage regulated in the Compilation of Islamic Law through Presidential Instruction Number 1 of 1991. The determination of marriage isbat was supported by the evidence on the facts in the hearing. Maqasid sharia in the case of marriage isbat in Islamic law that is to realize and maintain mashlahat mankind on marital status and status of child in marriage.. The stipulation of marriage isbat provides legal certainty to the legality of marriage both religionally and legally]]>
<![CDATA[EKSISTENSI ALAT BUKTI DALAM PENGADILAN (STUDI KOMPARATIF MENURUT HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA) ]]>
<![CDATA[Syahrul Azwar]]>
<![CDATA[ QIYAS: JURNAL HUKUM ISLAM DAN PERADILAN Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[UIN Fatmawati Sukarno Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1308
<![CDATA[The formulation of this research is: First, How is the existence of evidence in the judiciary according to Islamic law? Second What is the existence of evidence in court according to positive law in Indonesia? Third, how do you compare the existence of evidence according to Islamic law and criminal procedural law? This type of research is library research (library research). Data collection uses reading techniques, citing information. This study concludes that: First, according to Islamic law, evidence is anything that has something to do with an act, the evidence can be used as evidence to raise the confidence of the judge over the truth of a criminal act committed by the defendant. Second, the evidence according to positive law is witness testimony, expert testimony, letters, instructions and information from the defendant. Whereas the positive law stipulates that only legal evidence instruments can be used for verification. Third, the position of evidence in Islamic law and Positive Law is a tool to assist the process of verification in criminal proceedings and help the judge to obtain confidence in an alleged act. Islamic law and positive law have several similarities, namely the law governing actions that are related to the soul or members of the body, such as killing, injuring and so on]]>
<![CDATA[PELAKSANAAN SANKSI ADAT BAGI PELAKU ZINA DI KECAMATAN SELUMA UTARA KABUPATEN SELUMA PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Elon Suparlan]]>
<![CDATA[ QIYAS: JURNAL HUKUM ISLAM DAN PERADILAN Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[UIN Fatmawati Sukarno Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1313
<![CDATA[This study discusses the implementation of the determination of Integrated Marriage of The formulation of this research are: Firstly, how is the society’s response to the enactment of Government Regulation No. 19 of 2015 on Non-Tax State Revenue in the Ministry of Religious Affairs? Second, what factors cause the community to carry out marriage in the Central Marriage on KUA Kecamatan Ratu Agung?The type of this research is descriptive research with sociological juridical approach. Data collection using interview technique, observation, documentation. This study concludes that: Firstly, the public welcomes a positive response to the enactment of Government Regulation No. 19 of 2015. The regulation is considered as the government’s new breakthrough to discipline the marriage cost so as to minimize illegal levies. In addition, people with limited economic ability who want to get married is greatly helped by the existence of this provision. If previously the cost of marriage is felt by them is quite high, with this provision they can perform the marriage for free with the condition must be implemented in the Office of Religious Affairs and at work hours. Of course this gets a positive response from the community, because it is very helpful especially for the middle to lower society. Secondly, the factors that cause the community to carry out marriage in the marriage hall at the Office of Religious Affairs of Ratu Agung District are economic factors and work permits. In general, informants stated that getting married in the Office of Religious Affairs without cost so as to ease the financial burden. In ad- dition, the informant was married in the Office of Religious Affairs of Ratu Agung Sub-district due to the reason of the work permit which was not long]]>
<![CDATA[IMPLEMENTASI PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2015 TENTANG ITSBAT NIKAH TERPADU PERSPEKTIF MASLAHAH MURSALAH (Studi Pada Pengadilan Agama Kelas IIA. Manna) ]]>
<![CDATA[Aswadi Fajri]]>
<![CDATA[ QIYAS: JURNAL HUKUM ISLAM DAN PERADILAN Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[UIN Fatmawati Sukarno Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1309
<![CDATA[This study discusses the implementation of the determination of Integrated Marriage of Religious Court Class IIA Manna in District Kedurang South Bengkulu Regency. the establishment of marriage is a provision of marriage proven by a religious court. The legal basis of marriage isbat is the Compilation of Islamic Law contained in Article 7 paragraph (1) Com- pilation of Islamic Law affirms that marriage can only be proved by the Marriage Certificate made by the Officer of Marriage Recorders. This indicates that marriages that do not have proof of registration can be submitted to the establishment of mar- riage in religious courts accompanied by certain requirements. The purpose of the isbat marriage is to get a new marriage book through the establishment of ratification in accordance with the Law No. 1 of 1974 without doing aqad marriage again. Among the reasons for implementing the establishment of Integrated Marriage is to provide solutions for couples whose marriages are not recorded. The purpose of this study is to know the rule of law issued by the Supreme Court relating to the establishment of Integrated Marriage and the application of Supreme Court Regulation No. 1 Year 2015 By Manna Religious Court. This type of research is a type of field research using qualitative descriptive approach. The research data is taken directly from the research location and the data is obtained by using interview method, observation and documentation method. After the data collected to analyze the data collected in this study used analytical descriptive-analytic technique, which describes all the things that focus in this research. The results of this study indicate that the Regulation of the determination of Integrated Marriage contained in Perma No 1 Year 2015 which regulates the mechanism of implementation of an integrated determination session. As for the rule of law remains based on existing rules. Meanwhile, the establishment of integrated marriage is conducted by Manna Religious Court in Kedurang sub-district in accordance with Perma No 1 year 2015. Legal basis of the determination of Marriage Regula- tion Terhadi namely KHI Article 7 paragraph (1). While the judge’s consideration in deciding the determination of Integrated Marriage is a problem. With the establishment of marriage, the protection of the rights of each partner because of their marriage has obtained legal recognition and provide assurance of life, property and descent which is the principle that must be kept in Islam (Ushulul Khomsah]]>
<![CDATA[PENGUMPULAN ZAKAT MELALUI PAYROLL SYSTEM DITINJAU DARI PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Imron Rosyidi]]>
<![CDATA[ QIYAS: JURNAL HUKUM ISLAM DAN PERADILAN Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[UIN Fatmawati Sukarno Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1314
<![CDATA[This research is conducted in order to answer the question how the review of Islamic law to the collection of zakat through payroll system? The purpose of this study is to investigate how the review of Islamic law to the collection of zakat through payroll system. This research is library research that is by way of tracing, collecting, clarifying and viewing data from various literatures related to the core problems in order to get the principles and concepts about the problems as the object of research. The approach used in this research is qualitative normative clinical normative Islamic research with fath adz-dzari’ah method. The results of this study show that the collection of zakat through payroll system is valid. Referring to the order of zakat collection to the ruler in Surat At-Taubah verse 103 that to maximize the collection of zakat is something that must be done by the ruler, therefore everything that becomes the means to maximize the collection must also be held, one of them is the method of collecting zakat through payroll system. Therefore the collection of zakat through payroll system according to fath adz-dzari’ah is valid. Collection of zakat through payroll system must intend once every year at the beginning of payment because it is a cicil system.]]>
<![CDATA[IMPLEMENTASI SERTIFIKASI HALAL PADA PRODUK PANGAN DI KOTA BENGKULU ]]>
<![CDATA[Debbi Nukeriana]]>
<![CDATA[ QIYAS: JURNAL HUKUM ISLAM DAN PERADILAN Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[UIN Fatmawati Sukarno Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1310
<![CDATA[Halal certification is a process to obtain halal certificate in accordance with Islamic Shari’ah it, aims to provide legal certainty of the halalness of a product so that it can reassure the heart for those who consume it. This study is motivated by the number of food producers in Bengkulu City who do not do halal certification. This research raised the problem about the implementation of halal certification, supporting and inhibiting factors and the role of LPPOM MUI of Bengkulu Province in im- plementing halal certification on food products in Bengkulu City. The purpose of this research is to analyze the implementation of halal certification, identify the supporting and inhibiting factors and to explore and find the role of LPPOM MUI of Bengkulu Province in implementing halal certification on food products in Bengkulu City. This type of research is a field research using a sociological juridical approach that examines the applicable legal provisions and what happens on the ground. In collecting the data the research used interviews and document studies. The technique of data analysis is descriptive qualitative by way of interpretation, triangulation and content analysis. From the research result, it can be concluded that first, the implementation of halal certification on food products in Bengkulu City has been implemented although still a small part of the number of Small and Medium Industry (IKM) in Bengkulu City. Secondly, the supporting factor for the implementation of halal certification in food products in Bengkulu City is to provide a sense of comfort and confidence in a product, consumers of majority food are Muslim and increase income / turnover of food producers. As for the inhibiting factors are the Law on Halal Product Guarantee is still voluntary (voluntary), lack of information / knowledge about halal certification and constrained halal certification cost. Third, the Role of LPPOM MUI of Bengkulu Province in the implementation of halal certification on food products in Bengkulu City is to protect the public against illicit products. It also provides socialization of halal certification either through formal means such as training and socialization or unofficially such as to family, friends and friends]]>
<![CDATA[PENOLAKAN DISPENSASI KAWIN ANAK DI BAWAH UMUR (Studi Penetapan Pengadilan Agama Manna Nomor 0024/Pdt.P/2018/PA.Mna) ]]>
<![CDATA[Zulvayana Zulvayana]]>
<![CDATA[ QIYAS: JURNAL HUKUM ISLAM DAN PERADILAN Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[UIN Fatmawati Sukarno Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1315
<![CDATA[This study aims to determine the legal considerations in rejecting the application of marriage dispensation in the Manna Religion Court and to find out the determination of the Manna Religion Court Number 0024 / Pdt.P / 2018 / PA.Mna in accordance with the elements of legal justice, legal certainty and legal benefits. Based on the results of the research, it is known that the legal consideration of the refusal of marriage dispensation applications because the Petitioners in the trial only submitted 1 (one) witness so that the applicants could not prove the argument of their petition and in court found a fact that the children of the applicant had been married before the application for marriage dispensation was tried . The cause of rejec- tion of marital dispensation of minors due to actions that are contrary to Article 7 of Act Number 1 of 1974. Determination of the Manna Religion Court Number 0024 / Pdt.P / 2018 / PA.Mna is in accordance with the elements of justice, certainty and legal benefit because in the Determination of the application for marriage dispensation is guided by Law Number 1 of 1974. The results of this study, are expected to be a deterrent effect for the community and the Office of Religious Affairs, so as not to violate Law Number 1 Year 1974 by marrying minors without the Religion Court dispensation. The rejection of the granting of marriage dispensation in substantial justice will be difficult to be felt by the applicants, but in order to enforce procedural justice, the stipulation of marital dispensation creates order in recording marriage]]>
<![CDATA[HUKUMAN PELAKU PERKOSAAN DIBARENGI PEMBUNUHAN OLEH ANAK DITINJAU DARI HUKUM POSITIF DAN HUKUM ISLAM (Study Analisis Keputusan Pengadilan Negeri Curup Nomor 7/Pid.Sus.Anak/2016/Pn.Crp) ]]>
<![CDATA[Heriansyah Heriansyah]]>
<![CDATA[ QIYAS: JURNAL HUKUM ISLAM DAN PERADILAN Vol 3, No 2 (2018): OKTOBER ]]>
Publisher : <![CDATA[UIN Fatmawati Sukarno Bengkulu ]]>
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DOI: 10.29300/qys.v3i2.1306
<![CDATA[This research raises the issue of punishment imposed by the judges on Curup District Court Number 7 / Pid.Sus. Anak / 2016 / PN.Crp to the child as the perpetrator of rape accompanied by the murder of the child victim. The purpose of this research is to know the punishment and basic consideration of judges panel then reviewed from positive law and Islamic law. This research uses normative juridical legal method, with approach of Act, case approach and conceptual approach. The method of collecting legal material used is literature study and documentary study then analyzed by normative descriptive. From the results of research shows that the implementation of criminal punishment for perpetrators of rape coupled murder of children in terms of positive law can be implemented by the panel of judges by applying Article 81 paragraph (1) of Law RI.35 Year 2014 About Amendment to Law no. 23 of 2002 in conjunction with Article 76D of RI Law. 35 of 2014 on Amend- ment to Law No. RI. Article 55 Paragraph (1) and (2) of the Indonesian Criminal Code and Article 80 Paragraph (3) of RI Law No. 23 Year 2002 on Child Protection jo Article 55 Paragraph (1) of the Criminal Code jo Article 65 Paragraph (1) and (2)35 Year 2014 About Amendment to Law no. Law No. 23 Year 2002 on the Protection of Children in conjunction with Article65 Paragraph (1) and (2) of the Criminal Code are cumulative. Whereas in Islamic law the perpetrator may be subjected to a more severe crime (murder) which is the murder in which the perpetrator is assumed to have committed intentional murder with the punishment of the principal in the form of diat and kafarat, the substitution of ta’zir and the additional punishment of the inheritance and will. Based on the decision of the Curup District Court Number 7 / Pid.Sus.Anak / 2016 / PN.Crp that the perpetrators of rape are found to have proven legally and convincingly guilty of intercourse with him or with others and place, let, participate in violence against children who causing the child to die so that the imprisonment is imposed for 10 (ten) years and the training of each work for 6 (six) months. According to Islamic law the offender may be punished by paying diyat to the heirs of 100 (one hundred) camels or 200 (two hundred) cows or 2000 (two thousand) goats, freeing a slave or fasting two months in a row and ta’zir]]>
