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All Journal Jurnal Kajian Islam dan Sosial Keagamaan Rechtsvinding
Alwi Saparizhan
Institut Syekh Abdul Halim Hasan Binjai
Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Divorce Outside the Court from the Perspective of Islamic Legal Philosophy Regarding Legal Certainty and Protection of Women's and Children's Rights Allysa Dhini Rizalde; Budi Abdullah; Munaf Andri Revanda Sembiring; M. Rama Dhanu Jupri; Alwi Saparizhan; M. Habib Al-Muqtadir; Syerli Klara Larasati Boru Manalu
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1628

Abstract

This study examines out-of-court divorce from the perspective of Islamic legal philosophy, focusing on legal certainty and the protection of women’s and children’s rights. Out-of-court divorce remains common in Indonesian society and is often conducted solely through the husband’s declaration without a judicial process in the Religious Court. This practice creates legal problems concerning the status and rights of women and children after divorce. This research aims to analyze divorce in Islamic family law and Indonesian positive law and to examine the impact of out-of-court divorce on justice and legal protection. The study uses a qualitative method with a library research approach. Data were collected from the Qur’an, Hadith, laws and regulations, the Compilation of Islamic Law, books, journals, and related literature. Data analysis employed a qualitative descriptive method using the perspective of Islamic legal philosophy. The findings reveal that Islamic family law permits divorce only as a last resort and requires responsibility toward women’s and children’s rights. Indonesian positive law also stipulates that divorce is legally valid only through court proceedings to ensure legal certainty and legal protection. Out-of-court divorce often results in the loss of legal certainty, neglect of maintenance rights, uncertainty in child custody, and social and psychological impacts on women and children. From the perspective of Islamic legal philosophy, court-based divorce procedures support justice, legal certainty, and public benefit.
Integrasi Zakat Dan Pajak Di Kota Binjai : Studi Kualitatif Tentang Persepsi Dan Impementasi Pada Wajib Pajak Muslim Alwi Saparizhan; Muhammad Ramadhanu Jupri; Muhammad Nur Iqbal
Jurnal Kajian Islam dan Sosial Keagamaan Vol. 3 No. 4 (2026): April - Juni
Publisher : CV. ITTC INDONESIA

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Abstract

This study aims to analyze the relationship between zakat and taxation and to examine zakat management, public understanding, and challenges in the implementation of zakat as a tax deduction at the National Zakat Agency (BAZNAS) of Binjai City. Zakat and taxes are important instruments in promoting social welfare and supporting national development. Although they are based on different legal foundations, both serve a similar purpose, namely collecting funds for public benefit. In Indonesia, the relationship between zakat and taxation is reflected in policies allowing zakat paid through BAZNAS or government-authorized zakat institutions to be deducted from Taxable Income. This research employed a qualitative method with a descriptive approach. Data were collected through interviews, documentation, and literature studies related to zakat and taxation. The data were analyzed descriptively to provide a comprehensive understanding of the implementation of zakat as a tax deduction at BAZNAS Binjai City. The findings show that zakat management at BAZNAS Binjai City has supported the tax deduction policy through proper administrative systems, issuance of zakat payment receipts, and public awareness programs. Public understanding of the policy is relatively good; however, its utilization remains limited. The main challenges include insufficient public awareness, the practice of distributing zakat directly to beneficiaries, and limited socialization regarding the integration of zakat and taxation. Therefore, stronger educational efforts and institutional coordination are needed to enhance the effectiveness of the relationship between zakat and taxation and to maximize its benefits for society.
Co-Authors Allysa Dhini Rizalde Budi Abdullah M. Habib Al-Muqtadir M. Rama Dhanu Jupri Muhammad Nur Iqbal Muhammad Ramadhanu Jupri Munaf Andri Revanda Sembiring Syerli Klara Larasati Boru Manalu