3 research outputs found

    ANALISIS SENGKETA HARTA WARISAN MENURUT AL-QUR’AN DAN AS-SUNNAH (Studi Putusan Pengadilan Agama Kisaran Studi Kasus No.353/Pdt./2010/PA.Kis)

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    ABSTRACTFaraidh law if implemented honestly and correctly, then the fear of the negative impact of the influence of the property left behind by the dead can be minimized. Faraidh law, in addition to the right of inheritance can be returned properly to those who have the right, also very basic is to make the family concerned live peacefully as before. The purpose of this study is to determine the concept of inheritance according to the Qur'an and As-Sunnah, to find out the basic considerations of the judges of the Kisaran Religious Court in deciding cases and how to settle inheritance No.353/Pdt.G/2010/PA.Kis. The author's research method by collecting data through the existing literature is in accordance with this research study, that the research conducted is library research. Furthermore, the author uses qualitative methods and data analysis, meaning that the problem will be presented qualitatively and then analyzed and in this thesis the author analyzes the judge's decision. From the results of the study the authors found that the problem in this case is the inheritance dispute caused by the remaining assets (tirkah) and grants. In the case of mal waris inheritance, the judge must really consider whether the conditions specified in the Qur'an, the Sunnah, the Shari'a and the law are appropriate or not, the reasons that cause the mal heir inheritance dispute must also be considered. This can be done in the examination in the trial and also in the evidentiary process.Keywords: dispute, inheritance, al-qur'an and as-sunna

    Problematika Profesi Advokat Dalam Beracara di Lingkungan Pengadilan Agama

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    This study aims to determine the problem of the advocate professional problem in Religious Courts in Kota Kisaran. This study uses a qualitative approach. Data is collected using interview methods. The interviewee are advocates, clients and implementers of religious courts. The sample used is snowball sampling. It can be concluded that problem faced by advocates from their clients during the proceedings in the religious court includes; there are so many clients who are dishonest in giving information that is conveyed to lawyers has hampered process of proceedings before the court, the inconsistency of honorarium agreed in the initial agreement. Due to the absence of maximum or minimum advocate fees in the prevailing laws and regulations, lack of trust the community towards advocates, and the client's paradigm that is wrong to advocates who think that the problem delegated by the client to the attorney is believed will get the results as he wishes, namely the case will always be won, not to get the right solution that will get the benefit and get the verdict as fair as possible

    KEDUDUKAN DAN PERAN PEREMPUAN SEBAGAI KEPALA KELUARGA MENURUT HUKUM ISLAM (Studi terhadap Kelompok Pemberdayaan Perempuan Kepala Keluarga-PEKKA di Kabupaten Asahan)

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    Abstract: The role of women is increasingly widespread, one of them being the role of substitute as the backbone of the family or the head of the family. Some of the women who played this role received a negative response from the community because of taboo. This happens because the majority of people still understand that women can only play a role in domestic matters. Unlike in Asaha Regency there are groups of women as family heads (PEKKA). This role is in conflict with KHI and Law no. 1 year 74 states that "men as heads of families and women housewives" then from this paper the author tries to examine through the perspective of Islamic law in order to know the role of women as heads of families, the implementation of duties as female head of household and the success of women as family heads according to Islamic law perspective. This study is a field research (field research) conducted by a qualitative approach method. The nature of the research used in this thesis is descriptive analytic. The data source of this study consists of primary data and secondary data. Primary data was collected from research informants, by conducting interviews and observations, while secondary data is obtained through documentation studies. From the results of the study it can be concluded that the role of women as family heads in the Asahan PEKKA group is the main breadwinner to take decisions and policies for various reasons. As well as acting as a protector for the family and doing the work of the husband, helper, spouse.Keywords: Women, family heads, PEKKA, Asahan