文章基本信息

标题：Juridical Analysis on Provisions of the Number of Witnesses in Sharia Deed by a Notary
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作者：Rico Aldiano ; Abdul Rachmad Budiono ; Endang Sri Kawuryan 等
期刊名称：International Journal of Multicultural and Multireligious Understanding
电子版ISSN：2364-5369
出版年度：2021
卷号：8
期号：2
页码：59-70
DOI：10.18415/ijmmu.v8i2.2312
出版社：International journal of multicultural and multireligious understanding
摘要：This study aims to analyze and formulate the provisions on witnesses in Law Number 30 of 2004 on notary position jo Law Number 2 of 2014 on Amendment to Law Number 30 of 2004 on notary position in the making of sharia notarial deed. This research is a normative legal research which utilizes stаtute аpproаch and conceptual аpproаch. The provision regarding the number of witnesses in making a sharia deed by a Notary is that if the witness consists of 1 (one) man, then it has to be followed by 1 (one) man. The absence of 1 (one) man can be replaced by 2 (two) women in accordance with the provisions of Islamic law based on Al-Qur’an Surah Al Baqarah [2:282]. Since the sharia deed is a deed that accommodates the provisions of Islamic law that are not contained in a conventional deed, according to the researcher, the sharia deed should be following the Islamic Law. For this reason, the provisions of the reading of sharia deeds by a notary before witnesses must provide an explanation that woman have the power of proof of ½ (half) of man in the reading of sharia deeds or a new rule that accommodates these provisions.