Journal Smart Law

Efektifitas Mediasi Non Litigasi Dalam Upaya Penyelesaian Permasalahan Keluarga (Studi Kasus Pada Jamaah Tariqat Naqsabandiyah Babussalam Besilam)

2024-03-31T10:44:57+07:00

The problems found in the research location were: Mediation carried out by the people of Babussalam Besilam Village, which was carried out in a non-litigation manner, namely solving household problems by visiting Babussalam Besilam teachers and religious figures who were considered to have knowledge of family jurisprudence so that the mediation process was carried out in a friendly manner and not up to Court. The people of Babussalam Besilam Village carried out mediation by visiting the local Religious Affairs Office, asking for advice and carrying out a mediation process accompanied by BP4 officers, namely a marriage advisory body, as a means for the community to consult about household problems. Based on the problems mentioned above, the researcher proposed research using qualitative research methods through observation, interview and documentation data collection techniques. The results of this research are the effectiveness of problem solving used by mediators in mediating between disputing parties, especially the Tariqat Naqsabandiyah congregation who are experiencing household problems, so one of the effectiveness of the resolution is by taking an approach with the aim of getting results that are acceptable to the parties. who are in conflict, from the case they are facing. The problem solving strategy (Problem Solving) in the mediation carried out in Besilam Village went well and effectively, this was proven by the fact that only one family problem was decided by the court, the rest could be resolved well through non-litigation mediation with traditional leaders and kiyai or caliphs. as the mediator.

Hukum Perceraian Disebabkan Suami Perantau (Analisa Terhadap Kasus Perceraian Di Kecamatan Hinai)

2024-03-31T11:03:19+07:00

Divorce is part of marriage, because there is no divorce without marriage first. In Islam, divorce is something that is not prohibited, but is an act that is hated by Allah SWT. In the society of Hinai District, divorce has occurred a lot, especially among migrant workers, so that a divorce that occurs among the community is no longer an unusual thing, because there are many factors that trigger divorce in the household. The aim of this research is to analyze divorce laws caused by migrant husbands in Hinai District. This research method uses qualitative research methods (field research). The primary data source was obtained through observation and interviews with the community and the parties concerned who had clear knowledge of the divorce case. Based on the results of research conducted by the author, the author concludes that the divorce law is due to the fact that according to Islam a middleman husband is obligatory if the husband is unable to fulfill his wife's rights and fulfill his obligations as a husband. And it is haram if it harms the husband. This is due to the low level of understanding and knowledge of husband and wife about the meaning of marriage or marriage. As well as the loss of the sanctity of marriage for husband and wife.

Nasab Anak Hasil dari Perkawinan Wanita Hamil Pandangan Majelis Ulama Indonesia (MUI) Kabupaten Langkat

2024-03-31T11:11:49+07:00

This research discusses the opinion of the Indonesian Ulema Council (MUI) of Langkat Regency regarding the marriage of pregnant women, the birth status of children from marriages of pregnant women and the protection of these children. The research method used in this research is a descriptive qualitative research method with an empirical approach. The informants in this research were the Indonesian Ulema Council (MUI) Langkat Regency. Data collection uses observation, interviews and documentation. Data analysis by means of data reduction, triangulation and drawing conclusions. The results of the research explain that according to the view of the Indonesian Ulema Council (MUI) of Langkat Regency regarding the marriage of a pregnant woman is permissible, both with the man who impregnated her and with the man who did not impregnate her and the marriage is legal, adultery does not cause mushaharah to be prohibited. The view of the Indonesian Ulema Council (MUI) of Langkat Regency regarding the fate of children resulting from the marriage of pregnant women is that they state that the child is a child resulting from adultery and the treatment of them includes, among other things, children resulting from adultery who do not have a relationship between the child, marriage guardian, inheritance and support with the man who caused it. Apart from that, the birth of a child resulting from adultery only has a relationship of lineage, inheritance and support with the mother and her mother's family. Children resulting from adultery do not bear the sin of adultery committed by the person who gave birth to them. children from such marriages must receive the same treatment as other legitimate children, children of adultery have the right to live, have the right to education, have the right to be cared for by their parents, have the right to receive support from their biological father through a compulsory will and receive inheritance through their mother, by receiving treatment and (non-discrimination).

Pinjaman Online Menurut Hukum Islam Analisa Penerapannya di Kecamatan Tanjung Pura Kabupaten Langkat

2024-03-31T11:19:04+07:00

This research aims to find out the law on online loans in Islamic law, find out the views of the people of Tanjung Pura sub-district towards online loans, and to find out the interest of the people of Tanjung Pura towards online loans. This research is descriptive qualitative research. The respondents in this research were STAIJM Tanjung Pura students. Data collection techniques by means of observation, interviews and documentation. Data analysis techniques are data reduction, data presentation and drawing conclusions. The results obtained from the research carried out include: In online loan contracts such as those found in the Akulaku Application, there is one of the rukun requirements that has not been fulfilled, namely the object of the contract where the loan transaction should not contain elements of usury. And in the contract transaction on the application there is an additional price when returning the loan, there is also a loan discount as an approval fee. So, if you look at the terms and conditions in the Akulaku application between muqrid and muqtarid, it does not fulfill the terms of the contract in Islamic law. Because there are pillars in the form of objects being transacted that have not been fulfilled, the loan transaction should be clear and the conditions are not met. According to the perspective of Islamic law, according to the theory used, this online loan is not valid because one of the conditions of harmony has not been fulfilled. The terms of this pillar are related to the object being transacted. Therefore, the additional or accompanying interest from the credit object in this case is categorized as part of usury. Because loan repayment transactions are accompanied by additional costs.

Hukum Membaca Al-Qur’an bagi Wanita Haid Perspektif Mazhab Hanafi dan Mazhab Maliki (Tinjauan Istihsan)

2024-03-31T11:24:22+07:00

The Qur'an is a special holy book and the word of Allah SWT, the One who created humans and the entire universe. The Qur'an was revealed as a guide that saves humans from the misery of this world and the hereafter. The Qur'an is a holy book from Allah as a guide to life for worshiping Allah Almighty, that gives good news and threats, a holy book that was revealed to the Prophet Muhammad SAW, a book that is holy and guarded, a book that is straight and noble, a guide to life. Teherefore Al-Qur’an should be read, studied and understood by Muslims. In Islamic teachings, there are rules that prohibit a woman who’s menstruating from reading or touching the Qur’an. There are differences of opinion between ‘Ulama regarding the law of reading the Qur’an for menstruating women, some forbid it and some allow it. In this case, there are two Mazhabs whose differences of opinion diverge, namely Mazhab Hanafi and Mazhab Maliki. The type of research used is library research or literature study where data is collected through the process of reading and reviewing primary data sources and other relevant literature. The results of this research show that the Hanafi Mazhab prohibits menstruating women from reading the Qur’an in its entirety, Mazhab Hanafi allows menstruating women to read the Qur’an provided that they only read vocabulary and read with the intention of not reading the Qur’an, such as praying, reciting dhikr and praise Allah. As for the Mazhab Maliki, it’s absolutely permissible for menstruating women to read the Qur’an whether they have previously been junub or not, whether they’re worried about forgetting to memorize it or not and with the intention of reading it or not. Based on istihsan with mashlahah and istihsan with rejection of difficulties and difficulties.

Pandangan Kantor Urusan Agama (KUA) Kecamatan Tanjung Pura Kabupaten Langkat tentang Hukum Mengqadha Sholat yang Ditinggalkan dengan Sengaja Karena Mengikuti Prosesi Adat Perkawinan (Studi Kasus Masyarakat Islam di Kecamatan Tanjung Pura Kabupaten Langka

2024-03-28T15:12:47+07:00

This research discusses the opinion of the Tanjung Pura District Office of Religious Affairs (KUA) regarding the law regarding brides making up for prayers that were intentionally left behind because they were following a traditional wedding procession. The research method used in this research is a descriptive qualitative research method with an empirical approach. The informants in this research were the Tanjung Pura District Religious Affairs Office (KUA), the bridal couple who were making up for the prayer, traditional leaders and the community. The research results explain. The form of the traditional Malay wedding procession in Tanjung Pura District uses the traditional Malay wedding procession which consists of many activities including: escorting the bride and groom, reciprocating rhymes, offering dances, barzanji marhaban, plain flour, eating before and exchanging halls and giving gifts. Factors that cause brides and grooms to take part in the traditional wedding procession in Tanjung Pura District include because it has become a tradition, has become a family agreement, has become the bride's dream and so that the wedding party becomes more lively. The factors that cause the bride and groom to abandon their prayers are that the bride and groom are busy following a very long traditional procession, as well as knick-knacks that are difficult to remove and wear a second time for the reason of maintaining good manners when at the wedding they are not allowed to go anywhere. Ilat) to make up prayers. The opinion of the Tanjung Pura District Office of Religious Affairs (KUA) is that making up the prayer for the bride and groom who carry out the traditional Malay wedding procession is not legalized because carrying out the traditional marriage procession does not receive a rukhsah because the qadha prayer is a rukhsah, where the rukhsah is a relief or way. the exit that Allah gives someone in certain conditions such as sleeping, war, travel, illness and so on.

Batalnya Perkawinan Karena Tidak Adanya Izin Poligami (Analisis Putusan Pengadilan Agama Nomor 1859/PDT.G/2021/PA.STB.)

2024-03-28T15:23:25+07:00

Marriage has no time limit, marriage must be eternal, unless due to something outside the wishes of the parties. The causes of dissolution of marriage ties are: Life Divorce, Death Divorce, Marriage Cancellation. The research approach used by researchers in this research is normative theological and normative juridical. The method used in this research is a qualitative method. Research using qualitative methods is research that tries to understand phenomena in their natural settings and contexts (not in the laboratory) where the researcher does not attempt to manipulate the observed phenomena. This research was carried out by reading and analyzing various existing literature, in the form of the Al-Qur'an, hadith, statutory regulations and laws contained in the compilation of Islamic Law, as well as the results of previous research. This research concludes that a marriage is invalid and can be annulled if it does not meet the requirements of a marriage, in this case an annulment of the marriage can only be carried out. Cancellation of a marriage in Islamic law is called fasakh which means to destroy or annul. Fasakh according to the language means damaged, void. Void is the destruction of the law that has been established for a person's practice, because it does not meet the requirements and harmony. In the marriage annulment law, it is regulated in Law number 1 of 1974 concerning marriage, contained in articles 22 to 28. In decision number 1859/Pdt.G/2021/Pa.Stb. It was found that a second marriage where the husband did not have permission from the first wife obtained through a religious court was in accordance with statutory regulations that could apply for an annulment of the marriage if the marriage requirements were not met.

Dampak Penyalahgunaan Narkotika Terhadap Perceraian di Kabupaten Langkat (Studi Putusan Pengadilan Agama No. 1512/Pdt.G/2022/Pa.Stb)

2024-03-28T15:33:17+07:00

This research aims to find out the impact of narcotics abuse on divorce, especially in Langkat Regency. This type of research is Library Research, where this research is studied using library data in the form of books as the source. The method used in this research is a qualitative method, which emphasizes the quality and descriptive understanding of the decision. The author's approach is to use a juridical-normative approach by looking at legal objects related to laws. The legal materials used are primary legal materials and secondary legal materials. The management of legal materials is carried out in a deductive manner, namely drawing conclusions from a general problem to the concrete problems faced. The results of the research show that the main causes of divorce in the Stabat Religious Court are continuous disputes and quarrels that cannot be resolved amicably and the lack of harmony between husband and wife which is triggered by the influence of narcotics abuse which has an impact on the attitude, behavior and actions of a husband towards wife, children and family. This causes divorce.

Tanggung Jawab Ayah Terhadap Nafkah Anak Setelah Perceraian dalam Tinjauan Hukum Islam dan Undang-undang Nomor 35 Tahun 2014 tentang Perlindungan Anak (Studi Kasus di Kelurahan Cengkeh Turi Kecamatan Binjai Utara)

2024-03-28T15:38:05+07:00

This study aims to determine the implementation of fulfilling child support after parental divorce in Cengkeh Turi Village, North Binjai District. The formulation of the problem proposed in this study is: What is the father's responsibility for providing for his child after a divorce occurs in Cengkeh Turi Village, North Binjai District. What legal measures can be taken by the mother (father) to carry out his responsibility in providing support for his child after this occurs divorce in Cengkeh Turi Village, North Binjai District. What is the impact on fathers who do not provide for their children after divorce in Cengkeh Turi Village, North Binjai District in terms of Law Number 35 of 2014 concerning Child Protection and the Compilation of Islamic Law. This research is empirical legal research, with data collection through literature study and interviews with respondents who are the custodians of the child. To analyze the research results, a statutory regulation approach and a sociological approach are used based on what actually happens in people's lives. The results of this study show that the implementation of fulfilling child support after parental divorce in Klaten Regency has not been fully implemented well. This is caused by the family's economic factors and this factor is the cause of a large number of divorces. In fact, in terms of providing maintenance, it is the father's responsibility, even after a divorce, because this has been stated in the Court Decision and must be implemented; and if the Court Decision is not implemented, then efforts can be made in the form of submitting a request for implementation of the decision to the Religious Court and providing a warning letter to the party who does not implement it. This research provides suggestions, namely the need to disseminate information to the public regarding the efforts made to fulfill their rights in Court Decisions, because there are still many people who do not know this, and this results in their rights not being fulfilled.

Pemberian Nafkah Suami kepada Istri Perspektif Hukum Islam dan Hukum Positif

2024-03-28T15:45:10+07:00

This research discusses the provision of husbands to wives according to the perspective of Islamic law and positive law and then examines the similarities and differences. This research is library research, namely research carried out using literature, reading and taking notes and processing research materials in the form of books, notes, journals and the internet. The research results explain the position of alimony according to Islamic law, namely that alimony is the husband's priority in meeting the family's primary needs. The legal basis for livelihood is found in the Al-Qur'an, Hadith and Ijma'. The husband's obligation to provide for his wife's needs according to Islamic law is to fulfill household needs in terms of clothing, food and shelter. Positive law explains that living is provided on the basis of rights and obligations that have been fulfilled. The positive legal basis in Law no. 1 of 1974 concerning marriage and the Compilation of Islamic Law. explains the husband's obligation to support his wife, which explains the obligation to provide support both physically and mentally and provide adequate housing for his family and according to their abilities. The similarity in giving a husband a living to his wife according to Islamic law and positive law is that the living is borne by the husband even though the wife has an income. The difference is that according to Islamic law the level of living has been determined and positive law does not explain the level.

Metode Al-‘Urf Dalam Menyimpulkan Hukum Islam

2024-06-23T09:27:14+07:00

This research discusses al-'urf which is one of the bases for making laws in the Islamic religion. Al-'urfini takes the law from something that is familiar to society, which has become a habit and is integrated into their lives, whether in the form of actions or words. Of course, without violating the basic teachings of Islam contained in the Koran and al-Sunnah. The method used is qualitative research with a liberal research approach. Researchers conducted literature searches through various sources such as scientific journals, books, articles and other related publications. The results of the research show that the al-'urf method of Islamic law can be familiar, grounded and accepted in the midst of a pluralistic society, without having to abandon its basic principles. An examination of this concept is also an answer for contemporary Muslim thinkers who often push for reform of Islamic law through the mechanism of deconstructing Islamic law and adapting it to the principles of human rights.

Ayat-Ayat Makkiyah Dan Madaniyah Dalam Al Quran

2024-06-23T09:30:27+07:00

Makkiyah and madaniyah Qur'an verses are one of the objects of study in Al-Qur'an science. Because understanding and studying the asbabun nuzul verse is very important to understand in order to know the purpose or intent of the verse revealed by Allah SWT. This study is also very influential and is a requirement to be able to become an interpreter of the Koran in order to be able to understand the context of the verses. The method used is qualitative research with a liberal research approach. Researchers conducted literature searches through various sources such as scientific journals, books, articles and other related publications. The results of the research show that there are three opinions from ulama regarding makkiyah and madaniyah, namely first, based on the place where a verse was revealed. The second is based on the exclamation or mukhotob of the verse. Third, based on the time of descent. By understanding the place or event where a verse was revealed, we can increase our belief in Allah SWT. that the Koran is the word of Allah.