PENERAPAN SAKSI TESTIMONIUM DE AUDITU DALAM PERKARA ITSBAT NIKAH DI MAHKAMAH SYAR'IYAH BIREUEN

Yulia, Yulia (2019) PENERAPAN SAKSI TESTIMONIUM DE AUDITU DALAM PERKARA ITSBAT NIKAH DI MAHKAMAH SYAR'IYAH BIREUEN. Jurnal Suloh, 7 (1). pp. 1-28. ISSN 1693-7074

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Abstract

This research is motivated by the testimony of testimonium de auditu or istifadhah in the Syar'iyah Bireuen Court, whereas in witness regulations which do not see directly are not justified in civil procedural law, but in the Syar'iyah Bireuen Court it is permissible and uses the witness testimony as a basis for establishing a decision. Based on this description, this study aims to explain the procedure of proving witness testimonium de auditu in the Syar'iyah Bireuen Court in itsbat marriage case and examining the application of witness testimonium de auditu in the marriage itsbat case in the Syar'iyah Bireuen Court. The procedure for evidence of witness testimonium de auditu in the case of marriage law in the Syar'iyah Bireuen Court is the same as the examination of other witnesses. The Syar'iyah Bireuen Court will examine the formal and material requirements to make whether the application is accepted or not. The panel of judges or the presiding judge asks witnesses about their identities which include names, ages, occupations, residences, witness relations with the parties, and whether there is a family, marriage or work relationship, after that everything is checked as usual from the witness oath to witness statements were confirmed in advance to the parties. The application of witness testimonium de auditu in the case of itsbat marriage in the Syar'iyah Bireuen Court is not automatically rejected so that it has no value at all, because it can be accepted as evidence by analyzing the exceptional basis for acceptance by considering the extent to which the quality and value of the strength of the evidence attached to it the de Auditu witness statement, the basis of his acceptance by taking over several sources of law used by the judges in examining and making decisions both in civil law and Islamic law.

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