Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum

TINJAUAN HUKUM ISLAM DAN HUKUM POSITIF TERHADAP PENETAPAN DISPENSASI NIKAH

Sri Mauliyana, Sapruddin, Wahyuni, Nurinayah — Sun, 31 Dec 2023 00:00:00 +0000

This thesis focuses on how judges consider the class 1A religious court in Palu in determining the marriage dispensation and an analysis of Islamic and positive law regarding marriage dispensations in the Palu Class 1A Religious Court. This research uses qualitative research based on empirical law collected through interview studies, documentation studies, observation and data reduction, data presentation, verification and checking the validity of the data. The results of this research show that the judge's consideration in granting marriage dispensation looks at the legal facts, that there are indeed witnesses in the application for marriage dispensation. The judge will consider the application for marriage dispensation that has been submitted by the applicant based on the existing evidence. Looking at the benefits, the Panel of Judges in determining a case must have a legal basis for the case they are handling and grant the request if it is very urgent. Then, Islam does not regulate the age limit for marriage, the age limit for a person to marry only mentions signs of female maturity and men having wet dreams. The judge basically uses various considerations and legal bases, namely Law Number 1 of 1974, Compilation of Islamic Law (KHI), as well as fiqhiyah rules. However, the panel of judges prioritized the concept of maslahah because it was to prevent undesirable things. The principle is that the prospective bride and groom must mature their body and soul in order to realize the goal of marriage well without ending in divorce and to have good and healthy offspring. Therefore, underage marriages must be prevented, with this provision the age limit for marriage is set in the Marriage Law. rigid. This means that it does not provide an opportunity for anyone to do it.

MESOTERAPI (MESOLIPOLYSIS INJECTION) PERSPEKTIF HUKUM ISLAM

Andini Asmarini — Sun, 31 Dec 2023 00:00:00 +0000

Someone's appearance has become crucial in today's world due to various factors, including work and lifestyle. Mesotherapy is one type of facial and body treatment that is widely used today. Mesotherapy, also known as mesolipolysis injection technique, was initially developed for the treatment of diseases but is now widely employed for cellulite treatment, lipolysis or body contouring, and other cosmetic treatments. While beauty and aesthetics are encouraged, Islam provides guidelines for regulating them. Mesotherapy is permissible when done for the purpose of treatment, maintaining health, self-care as a form of gratitude to Allah, intending to look beautiful in front of one's husband, using permissible and non-impure substances, and without altering Allah's creation. However, mesotherapy becomes prohibited if it involves impure or forbidden elements, poses a health risk, or is intended to display beauty to non-mahram men.

IMPLEMENTASI HAK MILIK ATAS TANAH DALAM TINJAUAN HUKUM ISLAM DAN HUKUM AGRARIA

Sumarlin Suardi, M. Taufan B, Fadhliah Mubakkirah — Thu, 18 Jan 2024 11:47:46 +0000

This article discusses land ownership rights from the perspectives of Islamic law and agrarian law, using a case study in Sibowi Village, Tanambulava Subdistrict, Sigi Regency. The research method employed is a qualitative research approach, with the research location chosen in Sibowi Village, Tanambulava Subdistrict, Sigi Regency. Data sources include primary and secondary data relevant to the researched issues. The research findings indicate that the community of Sibowi Village, Tanambulava Subdistrict, Sigi Regency, had long been managing the land, which was formerly abandoned. In the context of Islamic law, ownership of the land by the community in Sibowi Village is recognized. This recognition is based on the Prophet's hadith regarding reviving barren land, along with the opinions of Syafi'i and Ahmad stating that abandoned lands are not owned by Bayt al-mal but are neutral property (mubah). According to Islamic law, the person who first cultivates (works on) the land is considered its owner. However, from the perspective of agrarian law, formal recognition of ownership rights over the land must comply with the prevailing legal provisions. The acknowledgment of land ownership rights in agrarian law is contingent on formal legality, involving the land registration process, which results in valid proof of ownership, such as a land certificate. Therefore, the land ownership of the Sibowi Village community does not meet the criteria for ownership according to agrarian law.

TINJAUAN HUKUM ISLAM TERHADAP HAK PEREMPUAN DALAM MEMILIH PASANGAN HIDUP

Rahmadani, Gani Jumat, Besse Tenriabeng Mursyid — Fri, 19 Jan 2024 06:06:18 +0000

Islam provides women with rights under the Prophet Muhammad SAW. With the changes, women have full freedom of ownership rights in all permitted ways and have full rights to express opinions when they are asked to express their opinions. This research uses sociological research methods on law using empirical data collected through techniques. observation, interviews and documentation, the data analysis techniques used are data reduction, data presentation and checking the validity of the data. From women's opinions regarding the implementation of women's rights in choosing a life partner, not all implementations of women's rights have been implemented because they are still held by those closest to them. Therefore, the importance of communication and education in determining life choices. As the Hanafi school of thought emphasizes that women have the right to choose. The Prophet also said "marry someone you like". However, the facts on the ground contradict the existing theory. The supporting factors for reviewing Islamic law towards women are socio-economic background, education, mature age and parents. Inhibiting factors are the will or choice of parents, lack of readiness of men chosen by women, men who are economically disadvantaged, women who are still in the process, social and family factors and others.

IMPLEMENTASI PEMBERIAN NAFKAH IDDAH DAN MUT’AH BERDASARKAN STRATA SOSIAL

Friska Amelia, Muhammad Syarif Hasyim, Besse Tenriabeng Mursyid — Fri, 19 Jan 2024 10:14:14 +0000

The provision of iddah and mut'ah maintenance is the maintenance given to the wife after the legal provisions regarding the consequences of breaking up a marriage due to divorce according to the provisions of the law, among other things, the court can oblige the ex-husband to provide living costs and/or determine certain obligations for the ex-wife. The costs of living and obligations referred to in these provisions are iddah and mut'ah living. In this regard, the description in this article discusses how the provision of Iddah and mut'ah support is implemented based on social strata in the Religious Courts and the inhibiting and supporting factors for the implementation of the provision of Iddah and mut'ah support based on social strata. This article uses sociological legal research using empirical data. Data obtained through interview techniques, documentation studies, observation and data reduction, data presentation, verification and checking the validity of the data. It shows that in determining the judge's decision regarding the provision of iddah and mut'ah living based on social strata, this is when the judge wants to impose a burden on the husband in paying iddah living to the wife, in this case it does not burden the husband and does not harm the wife, with the judge's basic reference being to look at the ability from the applicant. The provision of iddah and mut'ah maintenance is based on the appropriateness and propriety of a husband's income. When the panel of judges wants to decide on the iddah and mut'ah maintenance that will be given to the wife, there is no definite calculation because basically each judge usually has a different opinion on the amount of maintenance that will be charged to the ex-husband. The provision of mut'ah maintenance is a gift of mementos in the form of money or objects by a husband to his ex-wife, except for his ex-wife qobla al dukhul and does not mean the wife who is nusyuz for providing mut'ah maintenance, the judge looks at how long they have lived together as a married couple.