KOMPETENSI PERADILAN AGAMA DALAM INTERPRETASI HUKUM KELUARGA ISLAM DI INDONESIA

Abstract

Restrictions study area in this article, the starting point of three
scholarly foundation, the foundation of ontology related to the object of study,
epistemological ground with regard to the method used in the study and
axiology berkaiatan foundation with the purpose or significance of the study.
The object of study in this article is the competence of the Religious Court in
the interpretation of Islamic family law in Indonesia, covering permasalahn
Interpretation of Family Law Islamic Religious Courts Indonesia, procedures
Interpretation of Family Law Islamic Religious Courts Indonesia, Judgment
of Religious Courts in Indonesia there Interpretation Law and competent in
the interpretation of Islamic Family Law in Indonesian Religious Courts.
The method used, the study included a kind of normative legal studies
approach to the blade, then the method of analysis, there are three, namely;
(1) political approach; (2) statue approach; (3) analytical approach. The data
source materials normative, ie competence Religious Court of Indonesia and
all sources of Islamic family law that is set in the regulations and legislation
arranged in hierarchical. Data collection techniques to study the document.
This study, including qualitative assessment of normative, the analytical
descriptive analysis (explanatory). Theoretical framework used,, ie at the level
of grand theory using the theory of ijtihad, the middle level of theory using the
theory of law and society and on the plains applied theory using the theory of
Islamic Sharia judicial system. While the significance of this study is to find
the source of the law, the legal function and purpose of law. The results in this
study, which was to find the nature of legal interpretation, legal interpretation
procedures, problems that are interpreted in the Religious and who are
competent to interpret the Islamic family law in Indonesian Religious Courts.