Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum

Kontribusi Mediator Nonhakim dalam Penyelesaian Konflik Rumah Tangga

Aldy Darmawan Darmawan, Elfia Elfia, Zulfan Zulfan — Sun, 10 Dec 2023 00:00:00 +0000

This paper discusses the contribution of non-judge mediators in resolving household conflicts. The purpose of this writing is to find out the contribution of non-judge mediators in resolving household conflicts in 2022 at the Padang Religious Court Class I A. The formulation of the problem in this writing is how the contribution of non-judge mediators in resolving household conflicts in the Padang Religious Court Class I A in 2022? The data collection technique in this paper is through interviews with 2 (two) judge mediators and 3 (three) non-judge mediators at the Padang Religious Court Class I A. The conclusion of this paper is that the success rate of mediation of divorce cases in 2021 and 2022 at the Padang Religious Court Class I A is still relatively low. However, there was an increase in the success rate of mediation from 2021 to 2022. Cases that were successfully mediated in 2021 were 35 cases or 9.59% and in 2022 there were 59 cases or 16.52%. The number of cases successfully mediated in 2022 increased by 24 cases. Thus, non-judge mediators make a positive contribution in resolving household conflicts at the Class I A Padang Religious Court.

Analisis Yuridis Putusan Hakim dalam Kasus Perceraian dengan Alasan Murtad

Nailur Rahmi — Thu, 14 Dec 2023 00:00:00 +0000

The compilation of Islamic law has already stipulated that apostasy can be one of the grounds for divorce. However, in 2012, the Supreme Court of the Republic of Indonesia affirmed the decision of the Semarang Religious Court, which granted a divorce to a married couple, one of whom had apostatized. This affirmation was based not solely on proving continuous irreconcilable disputes but also disregarded the fact of the wife's apostasy. This article aims to provide an analysis of the case, emphasizing that the Supreme Court's decision could serve as jurisprudence for subsequent judicial rulings. The research employs a judicial case study approach, utilizing data from the Semarang Religious Court's decision Number 1449/Pdt.G/2011/PA.Sm, the Semarang Religious High Court's decision Number 043/Pdt.G/2012/PTA.Smg, and the Supreme Court's decision Number 742 K/AG/2012. The study indicates that the Supreme Court's affirmation of the Religious Court's decision is not a contradiction to the norms outlined in the Compilation of Islamic Law or Islamic jurisprudence. Rather, it aims to ensure the fulfillment of women's rights during and after the divorce process, such as past livelihood, mut'ah, and iddah allowances.

Bersiul Sebagai Bentuk Kekerasan Seksual: Nalar Sadd al-Żarī’ah Dalam Hukum Positif di Indonesia

Muhammad Ikhsan Setiaji — Sat, 16 Dec 2023 00:00:00 +0000

Whistling, initially regarded as a harmless personal expression, has evolved over time to be considered a form of sexual violence in specific legal and interpretative contexts. Consequently, Indonesian law has incorporated this activity as one manifestation of sexual violence. This article aims to provide an analysis and elucidation of legislative regulations pertaining to sexual violence, which includes whistling as a form thereof, utilizing the sadd al-dzari’ah or preventive logic approach. Employing a document analysis methodology, the study focuses on Law Number 12 of 2022, Minister of Education and Culture Regulation Number 30 of 2021, and Minister of Religious Affairs Regulation Number 73 of 2022 as its study objects. The research reveals that the inclusion of whistling as a form of sexual violence in legislative regulations is substantiated not only by various social facts but also by the presence of preventive reasoning within sadd al-dzari’ah. This suggests that whistling is perceived to potentially lead to more serious offenses, both in terms of fostering a continuous inclination to engage in such behavior and escalating its frequency and intensity, as well as instigating a profound sense of intimidation and serious degradation for the victims.

Fiqh Siyasah Examination of the Dynamics of Implementation of Presidential Regulations on Covid-19 Vaccination in Pelalawan Regency, Riau

Ferdi Yufriadi, Fadilla Syahriani — Wed, 20 Dec 2023 00:00:00 +0000

The COVID-19 vaccination program in Indonesia experiences various dynamics depending on the socio-cultural conditions of each region, and within this context, dynamics in urban areas are crucial as they represent the acceptance, understanding, and implementation of vaccination within a diverse and multicultural society. This research aims to examine how beliefs, social and economic conditions, and the role of religious institutions influence the urban community's acceptance of the COVID-19 vaccination program scheduled by the central government and implemented by local authorities. This study is a field research conducted in Pangkalan Kerinci Sub-district, Pelalawan Regency, Riau, Indonesia. Data were collected through interviews, observations, and documentation. The study indicates that the implementation of vaccination by local authorities reflects a harmonization between religious principles, public policies, and the socio-economic conditions of the community. This highlights the importance of health policies being aligned with the ethical foundations and religious principles embraced by the local community, which can serve as a strategy to address common challenges encountered in vaccination efforts across various locations.

Poligami dalam Pemikiran K.H. Hussein Muhammad

Zulfikri Zulfikri, Ahmad Syawal Nurhidayatullah — Wed, 20 Dec 2023 00:00:00 +0000

When viewed from a historical perspective, marriage existed and was carried out before the arrival of Islam. However, it is known that marriages carried out before Islam tended to be more towards political reasons not based on love, impressed because of the power factor so that at that time men could have more than one wife, dozens or even unlimited. The culture of marriage for men who have more than one wife is known as polygamy. Historically, the culture of pre-Islamic polygamy was carried out by ancient civilizations so that the Arabian peninsula, especially the Middle East, was not the main propagator of the polygamous tradition, which is often embedded. Therefore, one of the prominent scholars, namely KH. Husain Muhammad described in his writings that the tradition of polygamy was not a tradition that originated in Islam. Formulation of the problem of how to analyze polygamy related to non-Islamic traditions according to KH. Husein Muhammad and why KH. Husein Muhammad is of the view that polygamy is not an Islamic tradition? The research method used is qualitative research of the type of literature study, the approach used is a historical approach related to Islamic studies, this research is descriptive-analytical with the object of research being polygamy not Islamic tradition. The research results conclude that the culture of polygamy didn’t originate from Islam, because pre-Islamic polygamy in practice seemed misogynistic and tended to dehumanize after Islam arrived. Polygamy improved this situation with the main principles of justice and prioritizing women's rights.