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All Journal AL-MUQARANAH-Jurnal Program Studi Perbandingan Mazhab Al-Usrah : Jurnal Al-Ahwal As-Syakhsiyah AS-SÂIS (JURNAL HUKUM TATA NEGARA ISLAM/SIYASAH) Journal Equity of Law and Governance
Siti Nurheliza
Universitas Islam Negeri Sumatera Utara
Religion Education Law, Crime, Criminology & Criminal Justice

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Legal Review of Parents in Facilitating Children Playing Jaran Kepang in View of Islamic Law and Law Number 35 of 2014 concerning Child Protection (Case Study of Sei Rotan Village, Percut Sei Tuan District, Deli Serdang Regency) Siti Nurheliza; Iwan
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.4.2.10091.271-278

Abstract

This study aims to understand the portrayal of the Jaran Kepang game and the perspectives of Islamic law and positive law on parents who facilitate their children playing Jaran Kepang in Sei Rotan Village. The research method employed is empirical research, which examines applicable legal provisions and the realities in Sei Rotan Village, Percut Sei Tuan Subdistrict, Deli Serdang Regency. The primary data for this research consists of observations and interviews with children who play Jaran Kepang, parents of Jaran Kepang players, the community of Sei Rotan Village, Jaran Kepang experts, and leaders/members of the Indonesian Ulema Council (MUI) North Sumatra. Secondary data sources include primary legal materials such as Law Number 35 of 2014 concerning Child Protection, and secondary legal materials obtained from literature review comprising books, journals, articles, internet searches, and research findings. The results indicate that some parents in Sei Rotan Village facilitate their children playing Jaran Kepang, as evidenced by interviews with the community and observations. The legal consequences for parents facilitating their children playing Jaran Kepang, according to Islamic law, are considered haram due to the game's association with polytheism. Under Law Number 35 of 2014 concerning Child Protection, the legal consequence is the potential revocation of custody rights for parents who facilitate their children playing Jaran Kepang.
CHILD PROTECTION IN CUSTODY (HADHANAH) FOLLOWING PARENTAL DIVORCE Siti Nurheliza; Faisar Ananda
Al-Muqaranah : Jurnal Perbandingan Hukum dan Mazhab Vol 4, No 2 (2026): Al-Muqaranah Jurnal Perbandingan Hukum dan Mazhab
Publisher : Al-Muqaranah : Jurnal Perbandingan Hukum dan Mazhab

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Abstract

Divorce often raises various issues that impact the fulfillment of children's rights, particularly regarding care, maintenance, and legal protection. This study aims to analyze the concept of hadhanah in Islamic law, parental responsibilities towards children after divorce, and the legal consequences for parents who fail to fulfill their obligations. The method used is normative legal research with a statutory and conceptual approach. The research data was obtained through a literature review covering primary and secondary legal materials. The results indicate that hadhanah is an obligation to care for, educate, and protect children for the sake of their well-being. Divorce does not eliminate parental responsibility towards children, either in the form of care or provision. Islamic law and Indonesian positive law both place the best interests of the child as the primary basis for determining custody. Parents who neglect their obligations towards their children may be subject to legal consequences in accordance with applicable regulations. Child protection after divorce requires commitment and responsibility from both parents to ensure the optimal fulfillment of children's rights.
A LEGAL ANALYSIS OF THE COMMERCIALIZATION OF THE MAHAR DUE TO THE ABSENCE OF LIMITS ON THE MAHAR IN THE COMPILATION OF ISLAMIC LAW Siti Nurheliza; Muhammad Amar Adly
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 14, No 1 (2026): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH
Publisher : Universitas Islam Negeri Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/al-usrah.v14i1.30397

Abstract

Mahar is the right of a prospective wife that must be provided by the prospective husband as a consequence of the marriage contract. The Compilation of Islamic Law regulates the obligation to provide mahr but does not stipulate either a minimum or maximum limit for the amount of mahr that may be given in a marriage. The absence of such regulation grants the parties the freedom to determine the amount and form of mahr based on mutual agreement. On the other hand, this condition has the potential to encourage the phenomenon of mahr commercialization, shifting its meaning from a symbol of respect for women to a symbol of social status and economic interests. This study aims to analyze the juridical basis for the absence of mahr limitations in the Compilation of Islamic Law and its implications for the phenomenon of mahr commercialization in society. This research employs a normative legal research method with statutory, conceptual, and comparative approaches. Data were obtained through a literature study consisting of primary, secondary, and tertiary legal materials. The findings indicate that the absence of minimum and maximum limits on mahr in the Compilation of Islamic Law is based on the principles of flexibility in Islamic law, public benefit (maslahah), and respect for the diversity of customs and socio-economic conditions within Indonesian society. However, such freedom also has the potential to give rise to the commercialization of mahr, characterized by the determination of excessively high mahr as a symbol of prestige and social status. From the perspective of maqāṣid al-sharī‘ah, such practices are inconsistent with the objectives of Islamic law, which emphasize ease, public welfare, and the protection of wealth. Therefore, strengthening religious understanding and legal education is necessary to ensure that the determination of mahr remains oriented toward the values of simplicity and ease as taught in Islam.
THE IDDAH PERIOD IN ISLAMIC JURISPRUDENCE AND STATUTORY LAW IN INDONESIA AND SINGAPORE Siti Nurheliza; Sukiati Sukiati; Iwan Iwan
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 10, No 2 (2026): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v11i2.30068

Abstract

Iddah is a mandatory waiting time that Muslim women must observe after the dissolution of marriage, whether by divorce or the death of a spouse, prior to being allowed to remarry. This research seeks to examine the notion of iddah through the lens of Islamic jurisprudence (fiqh) and to contrast its regulation under the legal frameworks of Indonesia and Singapore. This study utilizes a normative legal research methodology, including statutory, conceptual, and comparative methods via the examination of Islamic legal sources, statutory regulations, and diverse literature pertaining to Islamic family law. The results demonstrate that the idea of iddah in classical fiqh has a robust normative basis derived from the Qur’an, Hadith, and academic ijtihad, with the objectives of safeguarding lineage, protecting women's rights, and sustaining familial order. Indonesia and Singapore both use classical fiqh principles, namely the Shafi’i school, as the normative foundation for controlling iddah; nevertheless, they diverge in their institutional frameworks, implementation methods, and the incorporation of Islamic law into their legal systems. In Indonesia, the regulation of iddah is integrated into the national legal system through the Compilation of Islamic Law and the Religious Court system, while in Singapore it is implemented through the Administration of Muslim Law Act (AMLA) and the Syariah Court within a dual legal system framework. This study demonstrates that the transformation of fiqh into positive law does not alter the fundamental substance of iddah but rather affects its implementation mechanisms and institutional legal structures in each country.Keyword: Iddah, Islamic jurisprudence, positive law, Indonesia, Singapore.
THE PHENOMENON OF MARRIAGE DELAY IN THE MODERN ERA FROM AN ISLAMIC LAW PERSPECTIVE (CASE STUDY OF MASTER'S STUDENTS IN FAMILY LAW AT THE STATE ISLAMIC UNIVERSITY OF NORTH SUMATRA) Siti Nurheliza; Muhammad Amar Adly
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 10, No 1 (2026): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v10i1.28203

Abstract

This study aims to analyze the phenomenon of delayed marriage among Master of Family Law students at the State Islamic University of North Sumatra and review it from an Islamic law perspective. This study uses a qualitative method with a legal-normative and sociological approach, through literature study and in-depth interviews with students who have delayed marriage. The results of the study show that the main factors for postponing marriage include economic and financial pressures, the priority of completing education, and mental and emotional unpreparedness. From an Islamic law perspective, marriage is a highly recommended sunnah of the Prophet, but the law on postponing marriage is contextual and can change according to individual circumstances. Postponing marriage with a valid excuse, such as economic limitations, focus on studying, and efforts to prepare oneself, is considered permissible and justifiable based on the principle of maqasid al-syar'i, especially in maintaining safety of life, continuity of reason, preservation of offspring, and security of property. The implications of postponing marriage have two sides, namely positive impacts in the form of increased focus on education, career, and self-development, as well as negative impacts such as emotional pressure, loneliness, difficulty controlling sexual desire, and social pressure. This study concludes that postponing marriage among students can be understood as an effort to achieve long-term benefits as long as it is done proportionally, responsibly, and based on Islamic values.Keywords: Postponement of Marriage, Modern Era, Islamic Law
Co-Authors Faisar Ananda Iwan Iwan Iwan Muhammad Amar Adly Muhammad Amar Adly Sukiati Sukiati