ResearchOpen AccessMetadata saja
2026•Hasil Penelitian dan Pengabdian
<p>
1. Penelitian ini ingin menjelaskan tentang keberadaan saksi kunci dalam perkara Pidana di Indonesia</p>
<p>
2. Hukum Pidana Islam mengisyaratkan adanya keadilan terhadap kasus-kasus yang terjadi di Indonesia</p>
ArticleOpen AccessMetadata saja
2023•Artikel Penelitian dan Pengabdian
Witness examination is one of the trial procedures required to resolve
cases before the Religious Courts. According to the regulations, witnesses must
provide information directly related to their testimony that they actually have
seen, heard, or experienced the case. The issue is that some of the witnesses
introduced were unaware of the testimony they provided and only learned about
it from the litigants. How can the Religious Courts in the border area, which is the
Minang region, resolve the syiqāq case from a maṣlāhah perspective, and what
are the solutions that can be implemented to bring about a positive outcome in the
syiqāq case when the witness's closest family does not have knowledge about the
case in person? Comparing these two court products in terms of maṣlāhah is an
intriguing analysis. Using a comparative approach to the two cases, this study
conducted a fundamental analysis of the literature. The results demonstrated that
distinct assemblies evaluated the presence of these witnesses in relation to the
issued decisions. Some of the panels regarded the testimony in this case as
insufficient evidence, so they denied the requested divorce despite the family's
ongoing disputes (syiqāq). In petition cases with the same witness issue, however,
the tribunal deemed the evidence to be sufficient to grant the requests.
ArticleOpen AccessPDF tersedia
2023•Artikel Penelitian dan Pengabdian
Witness examination is one of the trial procedures required to resolve
cases before the Religious Courts. According to the regulations, witnesses must
provide information directly related to their testimony that they actually have
seen, heard, or experienced the case. The issue is that some of the witnesses
introduced were unaware of the testimony they provided and only learned about
it from the litigants. How can the Religious Courts in the border area, which is the
Minang region, resolve the syiqāq case from a maṣlāhah perspective, and what
are the solutions that can be implemented to bring about a positive outcome in the
syiqāq case when the witness's closest family does not have knowledge about the
case in person? Comparing these two court products in terms of maṣlāhah is an
intriguing analysis. Using a comparative approach to the two cases, this study
conducted a fundamental analysis of the literature. The results demonstrated that
distinct assemblies evaluated the presence of these witnesses in relation to the
issued decisions. Some of the panels regarded the testimony in this case as
insufficient evidence, so they denied the requested divorce despite the family's
ongoing disputes (syiqāq). In petition cases with the same witness issue, however,
the tribunal deemed the evidence to be sufficient to grant the requests.