Jurnal Hukum Islam

Implementation of the Mobile Court Policy in Religious Courts On The Legal Political Perspective

Fri, 07 Jun 2024 00:00:00 +0700

The mobile court policy is a way in which the court can provide the best and equal service to justice seekers by the principles of simplicity, speed and low costs. This research discusses the mobile court policy and its implementation in religious courts from a legal-political perspective. The research method uses empirical juridical. Interviews were conducted with judges and litigants in mobile courts at three Religious Courts, i.e.: Tasikmalaya, Soreang and Subang. Document studies are used to search for regulations and related case documents. The research findings show that the problems with implementing mobile courts in the three religious courts are: the infrastructure for mobile courts is still inadequate because they are held outside the building and far from the Religious Courts; public education is still low, they do not even have an understanding of the law and the judicial process; the judge also acts as a mediator in the mobile court and; case settlement was only carried out twice. This condition is increasingly problematic because most cases are divorces, so the facts in the trial are less accurate and affect the quality of court decisions. An interesting finding is that the mobile court is an effort to provide access to justice for people in unreachable areas by the Religious Courts and as a solution to reduce the divorce rate. However, in fact it increases the divorce rate in the target area. People think that the mobile court makes it easier for them to decide on divorce.

Application of Very Urgent Criteria in The Marriage Dispensation Norms for the Protection of Children: Analysis of Jasser Auda's Theory

Asmuni, Rezha Nur Adikara — Fri, 07 Jun 2024 00:00:00 +0700

The renewal of marriage legal norms regarding the minimum age limit for marriage with the criteria of "very urgent" has given rise to disparities in the judges' consideration when applying decisions on marriage dispensation cases, at the same time increasing the number of child marriages in the religious courts. This research discusses two main patterns, i.e.: the application of the "very urgent" criteria in marriage dispensation cases in the Religious Courts and; the relevance of " very urgent" criteria toward protecting women and children. The theory of the maqāṣid syarī'ah system by Jasser Auda was used as an analytical tool from a contemporary jurisprudential perspective. This research uses a normative juridical approach with data collection techniques using library research. The results of the study show that the form of application of Jasser Auda's maqāṣid syarī'ah system theory in understanding the "very urgent" criteria can at least be analyzed from 4 (four) four conditions that may occur in children whom marriage dispensation is requested,i.e: pregnancy in the child, the potential for free sex, the potential for unregistered marriages, as well as the potential for continuity of education for children who apply for marriage dispensation. These conditions are linear with the six features of Jasser Auda's maqāṣid syarī'ah system,i.e.: the cognitive nature of the system, wholeness, openness, interrelated hierarchy, multi-dimensionality, and focus on goals. In addition, the "very urgent" criteria norm is linear with the objectives of regulations regarding child protection and the elimination of domestic violence.

Implementation of Halal Supply Chain in the Cooperative of Islamic Boarding School: Maqashid Syariah Perspective

Fri, 07 Jun 2024 00:00:00 +0700

Halal Supply Chain is an opportunity, especially for countries with a majority Muslim population, including Indonesia, to increase the competitiveness of national products in a global context. Islamic boarding schools as centers for the development of Islamic law, also have the opportunity to create and apply Halal Supply Chain principles in the business units they develop. This research examines the application of Halal Supply Chain principles in Islamic boarding school cooperative business units that are integrated with Maqashid Syariah principles and their impact on business sustainability. This qualitative research was conducted at the "La Tansa" Retail Business Unit of Pondok Modern Darussalam Gontor. Data collection techniques used observation, interviews and document study. The research results show that implementing the Halal Supply Chain involves several steps to ensure that products and processes comply with the principles of Islamic law, such as (1) understanding halal requirements; (2) supplier selection; (3) production process; (4) halal certification; (5) documentation and tracking; (6) staff training; (7) storage and transportation; (8) regular audits and inspections; (9) continuous improvement. Implementation of the Halal Supply Chain in the "La Tansa" Retail Business Unit has integrated Maqashid Syariah principles. The implementation of Halal Supply Chain principles integrated with Maqashid Syariah principles contributes positively to the development of sustainable business models; and strengthen consumer confidence in the products and services offered.

The Problems of Islamic Family Law in the Digital Era and Its Relevance to Renewal of the Compilation of Islamic Law

Ita Musarrofa , Husnul Muttaqin, Ridha Amaliyah — Mon, 03 Jun 2024 00:00:00 +0700

The digital era raises various problems and challenges in Family Law which is still conventional. For example, in terms of marriage contracts and administration, utilisation of assets from the digital economy and so on. This study discusses the problems of Indonesian Islamic family law in facing changes in the digital era and its relevance to the renewal of the Compilation of Islamic Law. This study uses a netnography method with a normative legal approach. The results show several realities that are problems in Indonesian Islamic family law in the digital era such as online marriage, digital marriage dowry, online sexual relations between husband and wife, online nusyuz and zina, online divorce and reconciliation and joint property based on cyberspace. This situation demands a renewal of Islamic family law in Indonesia, especially the Compilation of Islamic Law as material law in the Religious Courts. By using the feature of openness in the system theory of the maqasid shariah, the `urf of cyberspace is worthy of being used as a legal basis for the renewal of the Compilation of Islamic Law. Several articles in the Compilation of Islamic Law that need to be renewed are marriage witnesses, marriage contract, submission of dowry, husband's obligations, joint property of husband, reasons for divorce, examination of divorce lawsuits, procedures for reconciliation and procedures for implementing wills. This renewal is very important to achieve the objectives of the law, namely justice, certainty and legal benefits.

Formulation of Criminal Policy on Sexual Violence Rehabilitation Based on Family Therapy with the Maqasid al-Sharia Principles

Iqbal Kamalludin, Bhanu Prakash Nunna — Sat, 15 Jun 2024 00:00:00 +0700

Conventional rehabilitation of victims of sexual violence, which only focuses on physical and psychological recovery has failed to handle the complexity of trauma experienced by victims. Therefore, this study discusses a new approach to the rehabilitation of sexual violence through Family Therapy integrated with the principles of Maqāsid al-Sharī'a. The research method uses normative with a philosophical, conceptual, and statute approaches, which analyzes various legal regulations, doctrines, and principles of Islamic law related to sexual violence and victim rehabilitation. The main data sources include laws, government regulations, fatwas, and court decisions, supported by literature reviews from legal journals, books, and scientific articles. The research findings show that the integration of Family Therapy with the principles of Maqāsid al-Sharī'a is a holistic rehabilitation model, which not only focuses on victim recovery but also pays attention to the roles and dynamics of the family in the rehabilitation process. This model also shows the relevance and practical application of the principles of Maqāsid al-Sharī’a in the recovery efforts of victims of sexual violence, as well as providing important contributions to criminal law policy and practice in the field of mental health and social. This study offers a new inclusive perspective based on humanitarian and religious values in handling victims of sexual violence.

Legal Discovery Method for Non-Muslim Heirs as Recipients of Wasiat Wajibah

Ramdan Fawzi, Encep Abdul Rojak, Ilham Mujahid, Mualimin Mochammad Sahid — Sat, 15 Jun 2024 00:00:00 +0700

The Islamic inheritance system has not fully accommodated the problem of inheritance distribution in the reality of society, especially the rights of non-Muslim heirs. Therefore, in several of its decisions, the Supreme Court of the Republic of Indonesia grants rights to non-Muslim heirs through wasiat wajibah. This study discusses wasiat wajibah in Islamic Law and Positive Law and the method of finding law used by Supreme Court judges in rulings on non-Muslim heirs. The research method uses normative juridical with a legislative, conceptual and case approach. The results of the study show that Islamic law (Quran, Hadith and Fiqh) has expressly regulated the provisions for the settlement of inheritance between heirs, the procedure for the division and transfer of the heir's property to the heirs, as well as the reasons for obtaining a share of the inheritance as well as the reasons that hinder the heirs. The method of legal discovery used by the Supreme Court Judges in the decision of non-Muslim heirs uses an extensive interpretation with a deepening of the Compilation of Islamic Law concerning wasiat wajibah for adopted children and adoptive parents. Wasiat Wajibah are a way out to get a share for non-Muslim heirs, because the recipients are not hindered due to religious differences. This decision is an extension of the Compilation of Islamic Law on wasiat wajibah . The Supreme Court's decision can be used as a reference for the Religious Court in deciding the same case.

Implications of Ar-Radha'ah in Determining the Mahram of Adopted Children: A Case Study in the Syariah Court of Brunei Darussalam

Rabiahtul Shahnazirah Binti Mohd. Shahrenidzam, Cecep Soleh Kurniawan — Sat, 08 Jun 2024 00:00:00 +0700

The adoption model in society in Brunei Darussalam is adoption that follows legal procedures and adoption based on mutual agreement or without going through legal procedures. This study discusses the implications of providing breast milk to adopted children and the importance of testimony (syahadat) in proving the implementation of ar-radha'ah in the Sharia Court of Brunei Darussalam. The research approach uses qualitative. The primary data source is the officers at the Sharia Court. Data collection techniques use document studies and interviews. The results indicate that Islamic law regulates adopted children who do not have a mahram relationship with their adoptive parents, even though they have been raised since childhood. So, when the child is older, they must maintain boundaries such as aurat with their adoptive family. However, if the child is breastfed by their adoptive mother through Breast Milk can change the status of an adopted child who is not a mahram to a mahram. When a woman breastfeeds her adopted child and fulfills the ar-radha'ah requirements stipulated in Islamic law, the child will become a mahram child for her and her family. Testimony to prove the existence of ar-radha'ah between the adoptive mother and the adopted child is important because it will prove that the adoptive mother can be declared fit by the judge as an adoptive parent. The Syariah Court in Brunei Darussalam refers to the Syafi'i school of thought as the main reference based on the 1959 Constitution of Brunei Darussalam.

Supreme Court's Decision Regarding the Prohibition of Interfaith Marriage and Its Relevance of Maqaṣid Al-Shari'ah

Abdul Aziz, Iqbal Subhan Nugraha, Sugeng Aminudin, Lukman Hakim — Fri, 04 Oct 2024 00:00:00 +0700

Interfaith marriage is still a debate, especially after the issuance of the Circular of the Supreme Court of the Republic of Indonesia concerning the prohibition of registration of interfaith marriages, which is considered to injure Human Rights. This research discusses the relevance of the Supreme Court's Decision on interfaith marriage with the principles of maqāṣid al-sharī'ah and its implications for the right to freedom of choice of partner. This normative legal research uses a legislative, conceptual, philosophical and case approach. The sources of legal materials are the Circular of the Supreme Court and several Supreme Court decisions related to interfaith marriages in the last three years. The results show that the ratio legis of the Circular of the Supreme Court of the Republic of Indonesia concerning interfaith marriage is to protect Human Rights in line with the principles of maqāṣid al-sharī‘ah such as protection of religion and descent, but on the other hand, it creates conflict with the principles of Human Rights which are also part of the principles of maqāṣid al-sharī‘ah. The researcher argues that the principle of maqāṣid al-sharī'ah should be able to balance religious values and Human Rights in interfaith marriages, by being used as the legal basis and policies related to interfaith marriages. This research can be used as a consideration for policy reform to realize balance and justice for the parties in line with the principle of maqāṣid al-sharī‘ah.