Hukum keluarga dan hukum kewarisan Islam adalah dua sub sistem hukum yang merupakan bagian dari hukum Islam yang bersifat komprehensif. Orang yang ingin menjadi ahli dalam hukum Islam tidak mungkin mengabaikan hukum keluarga dan kewarisan Islam, yang boleh dikatakan sebagai “central core” dalam hukum Islam itu. Kedua macam sub sistem hukum Islam itu secara langsung mengatur hak-hak individu agar terwujud suatu kehidupan masyarakat yang mapan (stabil), sejahtera dan tenteram. Meskipun usianya sudah lebih dari empat belas abad, namun baik hukum keluarga Islam maupun hukum kewarisan Islam tetap dinamis, dalam makna pengembangan pemikiran melalui ijtihad terhadap berbagai macam permasalahan atau kasus dalam kedua macam sub sistem hukum Islam itu selalu dapat dilakukan, sepanjang hal itu tidak bertentangan dengan Alquran dan Sunnah Rasul. Misalnya, dalam hukum keluarga, Undang-undang No. 1 Tahun 1974 mengakui eksistensi harta bersama dalam perkawinan, yang tidak diatur, baik dalam Alquran maupun melalui Sunnah Rasul. Apabila pewarisnya meninggal dunia, tentunya harta tersebut menjadi kewajiban para ahli waris untuk membaginya sesuai dengan ketentuan yang berlaku.Kata Kunci: Hukum, Keluarga, Kewarisan, Islam, Masyarakat, Modern, Indoneia
One of the sources of non-tax state revenues from the District Office of Religious Affairs comes from the marriage fees that are carried out outside the District Office of Religious Affairs, as stipulated in the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 12 Year 2016. This Regulation of the Minister of Religious Affairs is applied in all District Offices of Religious Affairs in every City or Regency in Indonesia. The formulations of the problem investigated in this study were: (1) How was the Implementation of the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 12 of 2016 concerning the Management of Non-Tax State Revenues on Marriage Fees or Reconciliation Outside the District Office of Religious Affairs in the District Offices of Religious Affairs in Bengkulu City?; (2) Was the marriage cost outside the District Office of Religious Affairs paid by the bride and groom outside the provisions of the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 12 year 2016 concerning the Management of Non-Tax State Revenues on Marriage Fees or Reconciliation Outside the District Office of Religious Affairs can be classified as gratification acts y as regulated in Law of the Republic of Indonesia Number 20 year 2001 concerning Corruption Crimes?. The research method used to address these problems was the empirical juridical research method. The results of this study indicated that: (1) The regulation of the Minister of Religious Affairs Number 12 year 2016 concerning the Management of Non-Tax State Revenues on Marriage Fee and/or Reconciliation Outside the District Office of Religious Affairs, has been implemented at the District Offices of Religious Affairs of Bengkulu City, namely, in terms of the provisions for marriage fees, deposits and receipts, disbursements, uses and reporting. (2) Marriage Fees or Reconciliation Outside the District Office of Religious Affairs, especially in the case of the Headman, or the Head of the District Office of Religious Affairs, or Officers who received money when carrying out services for the implementation of marriage contract counseling outside the District Office of Religious Affairs, cannot be classified as gratification acts as regulated in the Law of the Republic of Indonesia Number 20 Year 2001 regarding Corruption Crime.
Homosexual crime behavior on children in Bengkulu province experiences increase every year. Viewed from various religions officially recognized by the state, homosexual behavior categorized as acts that are in contrast to religious values, and Islam condemns such acts. From this background, the problems to be investigated can be formulated as follow: (1) what were the factors causing the occurrence of homosexual crimes on children in Bengkulu province?; (2) what were the criminal sanctions that can be imposed on the subjects of homosexual crimes against children in terms of Islamic law?. To answer these problems, it was used empirical juridical research method. The type of this research was descriptive. Data sources used were primary and secondary data. Data processing was done by editing method, then a qualitative analysis was performed by using the inductive-deductive method. The results showed that (1) the occurrence of homosexual crime on children was caused by factors of: social environment, pornography, and lack of family communication. (2) there were three opinions of fiqh scholars in determining criminal sanctions that can be imposed on homosexual offenders: the first opinion statesthat homosexual offenders shall be sentenced to death; the second opinionstipulates that homosexual offenders are sentenced as adultery. If he is a bikr (unmarried man) then his sentence is to be flogged and exiled from his country.While those who are muhsan (had been married), then he is punished by stoning. The thirdopinion stipulates that homosexual perpetrators must be given legal sanctions in the form ofta'zir, that is a kind of punishment which is aimed at educative and preventive in which theseverity is determined by the judge. This Islamic criminal sanctions are heavier than positivelaw, so they can create a deterrent effect, and reduce the number of sexual crimes on children.
In Bengkulu city, there is a marriage phenomenon done by the cultural law but not legally acknowledged in the data of ministry of religious office. Such a particular situation results in the absence of legal standing in terms of data. This being the case, spouses then ask for official marriage decisions or itsbat Nikah to the office of ministry of religious so that they would receive marriage letter. To answer the problems, the method used is empirical law research method. Data are obtained through observation and interviews to informant judges, clerks and seekers of justice who apply for marriage. Furthermore, it is analyzed by qualitative juridical with deductive and inductive method, thus it can be drawn a conclusion to answer from every existing problem. The results of this study indicate that: 1) many spouses do not have a marriage document since they avoid sin due to adultery, and feel not ready materially and socially, become pregnant out of marriage, and are overwhelmed with the assumption that whether having marriage documents or not will be the same, 2) the legal consequences of marriage without a marriage certificate are considered invalid because such a marriage is illegal under the law No. 1/1974 stating that the wife also has no right to the livelihood and inheritance of the husband if he dies and is not entitled to, (3) the religious courts of Bengkulu states that it is important to issue the-so-called itsbat Nikah or official documents to the spouses who have yet to legally declare their marriage as stated in the decree No.1/1974 for the betterment of the society.
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