Analysis of Judicial Conditions in Case Discussion: Case Study about Description of Witness in Divorce in Medan Religious Court
Journal Title: IOSR Journal of Humanities and Social Science - Year 2018, Vol 23, Issue 1
Abstract
According to the provisions of the Religious Courts and the General Courts that the witness is the person who gives testimony in front of the court related to the event experienced, heard and viewed by the witness himself. This provision is explained in the Civil Procedure Code that the witness explained was only what he saw, heard or felt (Article 171 HIR / 308 Rbg). In the case number 597 / Pdt.G / 2015 / PA.Mdn, the witness presented by the plaintiff before the trial did not see, did not hear and did not know that the plaintiff and the defendant had quarreled. Therefore, the witness's testimony is not in accordance with the applicable provisions, however the judge keeps deciding his case based on the witness's statement. The research method used in this research is the theory of Maqasid as-Shariah namely; maintaining Religion, Soul, Intellect, Descendant and Treasure. The results can be concluded that the judge believes in the truth of witness testimony even though he does not see, know and feel the events experienced by the plaintiff and the defendant. Judge Consideration is the testimony of witnesses in line with the statement of the plaintiff and the defendant. Witnesses were aware of the plaintiff's situation and the defendant from the plaintiff's immediate family who claimed that the plaintiff and the defendant had long separated the bed and there was no tranquility in the household. The judge's decision in accepting witness statements is justified according to law, as to maintain the mental health that is part of the Maqasid Shariah. If the testimony of witnesses who do not see, not knowing, and not feel the Judge is not accepted, is strongly suspected to interfere with the plaintiff's soul and the defendant. They will feel good and even impossible, there will be violence in the household that is feasible.
Authors and Affiliations
Prof. Dr. H. Asmuni MA
Keywords
Related Articles
- EP ID EP417008
- DOI 10.9790/0837-2301056166
- Views 85
- Downloads 0
The Implementation of the Formulation of RPJMDes of 2015- 2020 of Olung Hanangan Village of Tanah Siang Selatan Subdistrict of Murung Raya District
ABIKSON, D2B114014, The Implementation of the Formulation of RPJMDes of 2015-2020 of Olung Hanangan Village of Tanah Siang Selatan Subdistrict of Murung Raya District. The study aimed at understanding the model of the im...
A Comparative Study of the Self-Concept of Inmates and the Normals (Non-Inmates) In Nigeria
This study examines the comparative study of self- concept of the inmates and normal in Ado Ekiti, Southwest Nigeria as a way of understanding how the duo perceived themselves, and what the society perceived of them. Sym...
Effectiveness of Motivational Interviewing (MI) and Differentiated Instruction (DI) Teaching Modeson the Academic Performance of Public Secondary School Students in Niger State, Nigeria
Creative thinking skills are essential for success in learning and success in life. In Nigeria, traditional method of teaching is a teacher centered approach. What promotes creativity is a questioning classroom, where te...
cipline, Power and Resistance: A Foucauldian Analysis of Lalithambika Antharjanam’s Novel Agnisakshi
The objective of this paper is to explore and analyse the novel Agnisakshi written by LalithambikaAntharjanam in the light of Foucauldian concept of discipline, power and resistance. When we apply these theories in the c...
Mandela and Mugabe: Service vsPower
It is quite a commonplace truth to assert that one of the prominent characters who have impacted the social and political sphere of the African continent in the late century is the now departed South African leader, Nels...