Child marriage is a complex and multidimensional social issue occurring in various parts of the world, including Indonesia. This phenomenon is influenced by diverse cultural norms, social pressures, and economic conditions. The practice of early marriage is often regarded as a deep-rooted tradition, where marrying off young girls is seen as a way to protect family honor and...
The death penalty in Islamic law holds significant importance as a form of justice for serious crimes such as intentional murder, adultery by a married person, robbery, apostasy, and rebellion. From the perspective of Islamic law, the death penalty is not only intended to serve as a deterrent but also as a means to uphold justice for the victim, the victim’s family, and society...
Surah At-Thalaq verse 4 explains the iddah period for divorced women. However, the conception of the iddah period for menopausal women still prevails among the society. This research is focused on understanding the community's understanding of the conception of the iddah period for menopausal women in Surah At-Thalaq verse 4. Interviews are the primary means of data gathering in...
This research examines the concept of mu'āsyarah bi al-ma'rūf according to KH. Hussein Muhammad. Aims to determine the urgency of the concept of mu'āsyarah bi al-ma'rūf in building a Muslim family. This research uses a qualitative approach, with secondary data sourced from literature, such as books, books, journals from the figures being researched. Data analysis uses qualitative...
This article examines Article 209 KHI in Indonesia, regarding the regulation of the share of assets for adopted children and/or adoptive parents. This research aims to explain the differences in giving inheritance or legacy assets intended for adopted children and adoptive parents in Islamic Jurisprudence and KHI in Indonesia. This research is normative research with qualitative...
This article examines the factors causing the increase in child marriage in Majene Regency, West Sulawesi Province from 2018 to 2022. Apart from aiming to determine the factors causing child marriage, another aim of this research is to determine the impact of child marriage in Majene Regency. The type of research used was qualitative, which was carried out in Majene Regency, West...
This article discusses the issue of legal inheritance for illegitimate children in inheritance law, where there are differences in the national legal system in Indonesia. According to customary law, it is permissible to give equal rights to adopted children, Islamic law allows obligatory wills, and civil law allows inheritance through gifts. The concept of legitime portie, or...
This research examines the problem of domestic violence within the Sinjai Police Department. The aim of the research is to reveal the views of Islamic law on the mechanism for resolving domestic violence using the theory of restorative justice within the Sinjai Police Department. Qualitative research method with a normative and empirical approach, supported by primary data...
This article discusses the optimization of Posyandu Remaja which is a Jepara Regency Regional Government program. This research aims to analyze the role of Posyandu Remaja in improving adolescent life skills and its potential in delaying child marriage using Giddens' structuration theory approach. This research uses qualitative methods with a sociological approach, located in...
This research discusses the concept of Eugenics, the factors that encourage the application of Eugenics as a reason for abortion, the impact of the application of Eugenics, as well as the view of Islamic law towards the application of eugenics as a reason for abortion. The research method used is qualitative using a normative and sociological approach. The data used in the...
This article examines the issue of forms of legal protection for the rights of wives of domestic violence victims based on the values of justice. This is because victims of domestic violence are increasing from year to year, even though there is a Law on the Elimination of Domestic Violence, this phenomenon still continues. Therefore, this issue is important to study in order to...
The study was intended to analyze the existence of criminal sanctions against premarital sex in a legal perspective on qanun in aceh and Indonesia's positive laws. Premarital sex is sexual behavior outside the bonds of marriage that conflict with religious values and social norms. Premarital sex offenders can be punished on the basis of qanun's laws in aceh and Indonesia's...
This research aims to reveal the Al-Qur'an's views on solutions to poverty alleviation in Muslim families and communities, by identifying and classifying Al-Qur'an verses that discuss poverty and solutions to its alleviation in the contemporary era. The research method used is a literature study with secondary data sourced from verses of the Al-Qur'an and their interpretations...
This article examines the position of the Shahada theory and the theory of the existence of Islamic law and their implications in the process of Islamic law legislation in Indonesia. This article uses a qualitative-normative approach with descriptive analysis techniques, the data in the article comes from processed secondary data, in the form of a literature review from various...
This article examines maṣlahah mulgah as an alternative method of establishing progressive law, in resolving contemporary legal cases in Indonesia. The problem is that maṣlahah mulgah has so far been underestimated in the ushul fiqh method. The research approach used is qualitative, with a literature study on the application of maslahah mulgah, rules or norms in Islamic law...
This study aimed to discuss the enforcement of essential justice and the resilience of family, women and children in Gus Dur's parenting perspective. The method used in this research is descriptive analytical with a qualitative approach and data collection techniques through literature studies and articles and the results of parenting seminars while the data analysis technique...
The high rate of divorce that occurs in society is caused by several factors, including; due to disharmony, no responsibility, and economic problems. Among divorce cases, the most filed for divorce are from the wife. There are several reasons for divorce regulated by Islamic Law, Marriage Law Number 1 of 1974 in conjunction with Law Number 9 of 1975, and the Compilation of...
This article discusses the problem of implementing marriage guidance for people with disabilities at the KUA Talang District, Tegal Regency. At the research location, 5 cases were found from 2003 to 2019. The research approach used was a case study, with data collection techniques using interviews, observation and documentation methods. The data analysis technique uses...
Istihsan, as one of the methods of legal interpretation in usul fiqh, has long been a focus of attention in the study of Islamic law. This research aims to compare the concept of istihsan across various sources of usul fiqh through the methodology of literature review. The results of this research is that the understanding of istihsan in different sources of usul fiqh exhibits...
This article discusses the differences between the concepts of Fardhu and wâjib in ahkamul khamsah, by analyzing the opinions of madhhab scholars. This study uses a normative method with a literature review sourced from the books of fiqh scholars. The results of the analysis show that the majority of fuqaha equate wâjib and fardhu at the term and application level even though...
This study aims to examine the considerations of religious court judges in examining and deciding grant cancellation disputes. This study will analyze the decision of the Religious Court regarding the cancellation of grants in terms of maslahah. This study uses qualitative normative legal research. While the approach used is statutory and conceptual approach. The data sources...
The background idea for this article arises from the complexity of the Baduy inheritance system which includes elements of custom, tradition and religion in the dynamics of inheritance. Therefore, this article aims to understand how Baduy inheritance law interacts with Islamic law, as well as how changes and adaptations occur in this system. This research methodology uses...
This study examines the issue of same-sex marriage within the realms of Islamic law, positive law, and human rights. Existing literature reveals that both Islamic and positive laws tend to prohibit same-sex marriage or any form of LGBT relationships. However, human rights perspectives present a contrasting viewpoint. While Indonesia explicitly rejects same-sex marriage based on...
Splitting a case file is defined as the act of creating a new case file with more than one defendant. The purpose of the research is to find out the rationale for splitting cases, the legal basis, the impact and challenges in the implementation of splitting cases. The method used in this research is descriptive normative legal research with data collection techniques through...
Wife's permission for polygamy is not a requirement in classical fiqh. The Compilation of Islamic Law and the Marriage Law in Indonesia makes a previous wife's permission a condition for polygamy. Therefore, the wife's permission requirement is a condition resulting from the ijtihad process of Indonesian scholars which is adapted to the social and cultural structure in Indonesia...