STUDI TENTANG PUTUSAN PUTUSAN PENGADILAN AGAMA SEBAGAI PRODUK PEMIKIRAN HUKUM ISLAM : KASUS WILAYAH PENGADILAN TINGGI AGAMA PADANG 1989-1997

ASASRIWARNI, NIM. 96311 / S3 (2008) STUDI TENTANG PUTUSAN PUTUSAN PENGADILAN AGAMA SEBAGAI PRODUK PEMIKIRAN HUKUM ISLAM : KASUS WILAYAH PENGADILAN TINGGI AGAMA PADANG 1989-1997. Doctoral thesis, UIN SUNAN KALIJAGA.

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Abstract

The title of study is "study on Verdicts of Court For Religious Affairs as Product of Islamic Law Thoughts (Regional Case of Padang Court for Religious affairs, 1989-1997)". This study attampts to reveal how the characteristics and atmsophere of renewing as well as verdicts made by the judges of court for religious affairs of Padang from 1989-1997 are This study is a normative law study using library research. The approach is descriptive and the site chosen is courtss for religious affairs od Padang, Bukittinggi, Batu Sangkar and Payakumbuh. The verdicts are obtained from field data with written docummentationn and other materials needed that are gathered through an interview with related parties and through a literature review. Data analysis uses content analysis and comperative analysis, both vertical and horizontal. Vertical analysis is used when the verdicts are analysis by seeing how far the verdicts made still refer to nashs and books of fiqh or on the contrary. Horizontal analysis is used the when the verdicts are analyzed by comparing how far the existing verdicts refer or do not refer to the Indonesian or other Moslem countries' law and regulations. The findings of the study are that verdicts of the courts for religious affairs have become a product of Islamic laws that are important to be analyzed. This product ties all parties who have problems. Until certain levels, it also dynamic because it is considered as the judges' efforts to answer and to solve problems proposed to the court in certain time. There are tree characteristics of verdicts made by judges of courts for religious affairs in Padang. The first characteristics of the verdicts is that the judges in the courts for religious affairs of Padang play a vital role in applying regulations for they are actually the speaker or the regulation themselves. They have attempted to do ijtihad tatbhiqy, which is implementing matters regulated by the existing regulations, namely marriage regulation and Islamic law compilation. The verdicts included in characteristic are permit to commit polygamy, a verdicts of life support, talaq divorce, using of divorce, and inheritance and waqaf. The second characteristic is that the judges in the courts for religious affairs of Padang have left matters regulated by the regulations to fiqh rukes. The example of this characteristic is the minimal age fo someone to get married. In fiqh, there is no certain limitation on the age for someone who waants to get married, but, in the other hand, it is regulated in the married ragulation and Islamic law compilation. The third characteristic is that the judges involve their aspiration on the custom law applied in Minangkabau in strengthening the verdicts they make. They try to make urf and custom as the supports of their verdicts. This can seen in two cases namely marriage dispensation and the replacement of heir. The next finding is that most of verdicts in courts for religious affairs of Padang are based on imam mazhab's opinions by making them as the regulation, in terms of marriage regulation ans Islamic law compilation as the basis in deciding a case. Besides, among the cases handled by judges, trere are some methods of fiqhiyah that still become the main basis supported by al-Qur'an, hadist, and local custom of Minagkabau.

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