Pemberian Keterangan Oleh Saksi Non Muslim Dalam Persidangan Perceraian Berdasarkan Analisis Hukum Islam Di Pengadilan Agama (Studi Kasus Perkara Nomor: 1143/Pdt.g/2018/PA.PBR)

Oktavia, Nita (2020) Pemberian Keterangan Oleh Saksi Non Muslim Dalam Persidangan Perceraian Berdasarkan Analisis Hukum Islam Di Pengadilan Agama (Studi Kasus Perkara Nomor: 1143/Pdt.g/2018/PA.PBR). Other thesis, Universitas Islam Riau.

Text 161010345.pdf - Submitted Version Download (5MB)

Abstract

The Religious Court is an Islamic judicial institution intended for Muslims who want to seek justice. But along with the development of modern community life that causes all aspects of community life mixing. When disputes take place at the Religious Courts it is not uncommon to happen with the help of other parties (non-Muslims) such as proof with participants who are not Muslim. This causes the testimony of non-Muslims to be considered by judges in the Religious Courts, resulting in differences of opinion among the fuqaha. The main problem in this study is how the legal position for the parties who present non-Muslim witnesses in the Religious Court in the case of divorce and how the analysis of Islamic law against judges' considerations of non-Muslim witnesses in divorce cases in the decision No.1143/Pdt.G/2018/PA.Pbr. The research method used by the author is seen from its type, including normative research, namely by means of case studies of case court decisions No.1143/Pdt.G/2018/PA.Pbr. When viewed from its trait that is descriptive. The results of the author's research about providing information by non- Muslim witnesses in divorce proceedings in the Religious Courts (case studies No.1143/Pdt.G/2018/PA.Pbr) can be concluded that the position of non-Muslim witnesses in divorce trials in the Religious Courts is viewed from the perspective of Islamic law is unacceptable because it contradicts the Qur'an and the opinion of jurisprudence experts in the application of material law, especially in matters of marriage. The judge's consideration of accepting non-Muslim witnesses that the witness had fulfilled the formal and material requirements as witness evidence and his testimony was reliable and the judge concluded that the plaintiff's household had no hope of reconciliation.

Actions (login required)

View Item