Bilancia: Jurnal Studi Ilmu Syariah dan Hukum

Religious Court Judge’s Perception granting the Right to Livelihood in Judicial Divorce Cases Based on the Judge's Ex Officio Rights

Widya Mayang Yuninda — 2024-12-25

This study discusses the wife’s nafkah right in a judicial divorce. The purpose of this study is to determine the legal considerations of the judges of the Ternate Religius Court, Bulukumba Religius Court, and Singkil Sharia Court in deciding judicial divorce cases that are considered nusyuz but the wife get nafkah iddah. This research is a library research where the collected data are cases with the legal problem regarding nafkah iddah for wife who sues her husband for divorce. The approach to this research is the statuate approach. It is an approach used by examining the Law and its regulations regarding the legal issues raised. Beside, the researcher also uses the historical approach. This approach is used by analyzing the judge's decision to decide cases that are not yet legally certain in the Law. Next, the data is processed by a a descriptive data analysis technique then the conclusions written deductively. The results in this study indicate that not always the wife who files for a judicial divorce can be considered nusyuz because in fact, the wife is the aggrieved party such as being cheated on, not given nafkah during an argument and experienced physical violence by her husband. So that in this case the judge can give the nafkah right to the wife as long as she is not proven to be nusyuz by SEMA Number 3 of 2018 which accommodates PERMA Number 3 of 2017 as a regulation that binds litigated and ex officio judges in order to achieve justice.

Abu al-Ma'ali al-Juwaini's Contribution to Maqashid al-Shari'ah Thought in Kitab al-Burhan Fi Ushul al-Fiqh

Heru Susanto — 2024-12-28

This study examines al-Juwaini’s thought on maqashid al-shari'ah and its contribution to the development of the discipline of maqashid al-shari'ah. This study uses a type of qualitative literature research with content analysis. The results of the research are as follows: First, al-Juwaini contributed his thought in the field of maqashid al-shari'ah by formulating the formulation of ushul al-shari'ah. Al-Juwaini uses several terms that refer to the meaning of the shari'a objectives as follows: al-ma'ani, al-hikmah, murad al-shari', al-ghard and al-aghrad, al-mashalih, mahasin al-shari'ah, mathalib al-shari'ah, bughyah al-shari' and mabaghi al-shar', al-kulliyyat and kulliyyat al-shar', al-qa'idah al-kulliyyah and qawa'id al-shari'ah. Second, Al-Juwaini divides ushul al-shari'ah into 5 (five) categories, (1) Shari'ah of the primary category (amr daruriyy) and can be reasoned by aql (ma’qulah al-ma’na); (2) Shari'ah related to general needs (al-hajah al-'ammah); (3) Shari'ah of the tertiary category (makramah) and is not part of amr daruriyy or hajah 'ammah; (4) Shari'ah of encouragement category (mandub) and is not related to the primary (daruriyyah) and secondary (hajiyyah; (5) Shari'ah whose meaning is 'universally (kulli) can be known by ‘aql, but specifically (juz'i) cannot be reasoned. Third, the formulation then became the embryo and foundation for subsequent maqashid scholars such as al-Ghazali and al-Shatibi in the development of the maqashid al-shari'ah as it is known today, namely the concepts of daruriyyah, hajiyyah, and tahsiniyyah as well as the conception of al-daruriyyat al-khamsah. So it can be said that al-Juwaini was the initiator and the first scholar to carry out the conception of maqashid al-shari'ah.

Fiqh Siyasah Review of Social Welfare in Padang City: How is it Implemented

Afrikal Candra — 2024-12-29

This is driven by the ongoing prevalence of social welfare issues in the city of Padang. Among the social welfare issues are the problems of street children, homeless people, beggars, street musicians, and street vendors. Regional regulation number 1 of 2012 has addressed that issue. Among the efforts made in regional regulations are preventive efforts, repressive efforts, and rehabilitation efforts. Has that been implemented to the fullest in the city of Padang, and how is it being applied. This study examines the perspective of Fiqh Siyasah on regional regulation number 1 of 2012 and its implementation in the city of Padang. The author uses field research. The data source consists of the primary source, the Regional Regulation No. 1 of 2012, and the secondary data is derived from a variety of literature related to the discussion in this study. The collected data was then analyzed using a content analysis approach. The results of the implementation of Regional Regulation Number 1 of 2012 are still hindered by several obstacles. Among the challenges faced are: the limited facilities and infrastructure to provide guidance for street children, homeless individuals, beggars, street musicians, and street vendors. There is still minimal allocation of funds from the local government to carry out the construction. The development carried out by the Social Service of Padang City can only address the issue of street children and has not yet been implemented effectively, resulting in many individuals who have been rehabilitated being caught in raids again.

Medical Transformation on the Legality of Inheritance Rights of Passive Eutanasia Applicants

Dzulkifli Al-amin — 2024-12-30

This research discusses ethical and legal dilemmas related to euthanasia in the perspective of Islamic law, especially regarding inheritance rights for passive euthanasia applicants. This research uses a normative juridical method with a conceptual approach to explore how Islamic law regulates inheritance rights in cases of passive euthanasia carried out on the basis of compassion. Euthanasia, both active and passive, remains a controversial issue. Legally in Indonesia, euthanasia is very close to Article 344 on murder as well as Article 304 of the Criminal Code and Article 173 of KHI on the causes of the loss of inheritance rights, but even so the implementation and interpretation are still debatable. From an Islamic perspective, murder can prevent inheritance rights, but there are differences of opinion among scholars regarding the type of murder in question. The results of this study show that the legal illat from the hadith and Islamic legal literature to conclude that the act of passive euthanasia, if done with good intentions and not aimed at accelerating the acquisition of inheritance, does not hinder inheritance rights.

The Legal Position of Nikah Siri Against Positive Law After the Decision of the Constitutional Court Number 46/PUU-VIII/2010

Edwin Yulanda — 2024-12-30

The purpose of this study is to examine the legal application of siri marriage after the Constitutional Court Decision Number 46/PUU-VIII/2010. This research is qualitative research, the type of research is library research. The data collection method used is literature study. The results showed that; The legal application of siri marriage after the decision of the Constitutional Court Number 46/PUU-VII/2010 has been regulated in Government Regulation of the Republic of Indonesia Number 9 of 1975. This is a positive law that must be followed by all Indonesian citizens. The application of this law is in line with religious values in the context of the Indonesian nation, in accordance with the Pancasila. The impact of this decision also changes people's attitudes towards siri marriage, because children born from siri marriages still have rights recognized by the state. The message conveyed in this decision encourages people to understand the importance of legal recognition and marriage registration to protect the rights of children born from siri marriages.

Effectiveness of Sub-district KUAs in Premarital Guidance for Adolescents as an Effort to Prevent Underage Marriage in North Sulawesi Province

Suprijati Sarib — 2024-12-31

The purpose of this research is to examine the effectiveness of KUA guidance for premarital age adolescents in North Sulawesi and the differences in understanding of adolescents who get Premarital guidance from KUA in North Sulawesi. This research is qualitative research, the type of research is field research. The data collection methods used are observation, interview, and documentation. The results showed that in terms of guidance for adolescents related to pre-marital knowledge, before guidance showed a percentage of 51.02% less understanding and after guidance showed a percentage of 57.14% understanding from a total of 98 adolescents. This shows that so far the guidance for adolescents related to pre-marital knowledge carried out by the Head of the KUA has been quite effective. Although the guidance has not been optimal, with the percentage difference from the teenagers who understand after the guidance is carried out.

The Construction of the Authority of the DPRD Honorary Body in Ethics Enforcement

Hisbullah — 2024-12-31

The core issue of this research is how the Honorary Body at the Regional People's Representative Council (DPRD) of Makassar City constructs the enforcement of the code of ethics. This study is a field research employing an empirical juridical approach and normative theological approach (syar'i). The data were obtained from primary sources such as legislation and other secondary sources. Data collection methods included interviews and documentation. Data analysis was conducted through stages of data presentation, reduction, editing, data analysis, and drawing conclusions. The results of this study indicate that: 1) The Honorary Body of the DPRD of Makassar City was established based on legislation and functions as an enforcer of the code of ethics; 2) The Honorary Body of the DPRD of Makassar City performs its duties based on the autonomous regional agreement under DPRD Regulation No. 1 of 2018 concerning Rules of Procedure; 3) The issue of code of ethics enforcement in the DPRD of Makassar City is the formal enforcement factor, which can only be reported by the leadership, resulting in an ineffective check and balance. It is recommended that the DPRD of Makassar City grants freedom to the public and involves community elements in monitoring the code of ethics for members of the DPRD of Makassar City.