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Nazifah Hanafiah
Universitas Islam Negeri (UIN) Antasari Banjarmasin, Kalimantan Selatan, Indonesia

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Relevansi Maqashid Syariah dalam Kebijakan Perlindungan Perempuan dan Anak pada Hukum Keluarga di Indonesia Nazifah Hanafiah
Integrated Education Journal Vol. 1 No. 2: Integrated Education Journal (July-Des)2024
Publisher : PT Barkah Ilmi Fiddunya

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This research explores the relevance of maqashid sharia the law policy for women and children in Indonesian law. As the main principle of Islamic law, maqashid sharia aims to protect five fundamental aspects of humans, namely religion (hifz ad-din), mental (hifz an-nafs), intelligence (hifz al-aql), offspring (hifz an-nasl), and property (hifz al-mal). In the context of family law, the implementation of maqashid sharia can strengthen the protection of women and children, especially on the issues of custody, domestic violence, and discrimination. This research uses a qualitative approach based on literature review to analyze and connected the positive laws, such as Marriage Law No. 1 of 1974 and the Compilation of Islamic Law (KHI), with Islamic values. The results show that the application of maqashid sharia allowing family law to reform being fair and responsive to what community needs, especially children and women’s groups that have high risk with what we mention above Maqashid sharia-based policies also have the potential to overcome social challenges such as patriarchal norms, and create a balance between legal and moral aspects. Thus, the application of these principles not only supports family justice and welfare, but also strengthens a legal system that is inclusive and relevant to the Indonesian context.
Aspek-Aspek Hukum Adat Banjar dalam Kehidupan Bermasyarakat: Relevansi dan Penerapan Nazifah Hanafiah
Integrated Education Journal Vol. 1 No. 2: Integrated Education Journal (July-Des)2024
Publisher : PT Barkah Ilmi Fiddunya

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Abstract

This journal examines aspects of banjar customary law in social life, which is an integral part of the legal system in Indonesia, especially in South Kalimantan. Unwritten Banjar customary law reflects cultural values and traditions of the local community, and is rooted in social norms and Islamic teachings. Social norms and Islamic teachings. This research aims to explore the application of Banjar customary law in various aspects of life, including marriage, inheritance and conflict resolution. Through a qualitative research method that relies on literature sources, it is found that Banjar customary law is still relevant and respected in the modern context despite facing challenges from modernization and integration with state law. The results research shows that Banjar customary law functions as a moral and social guidelines that maintain harmony in society. Aspects such as marriage procedures that involve family deliberation, inheritance distribution that pays attention to sharia principles, as well as dispute resolution through customary mediation. sharia principles, as well as dispute resolution through customary mediation, reflect the values of justice and togetherness. However, challenges such as erosion of local culture and the influence of modernization threaten the sustainability of customary law. Therefore, it is important to understand the dynamics of Banjar customary law in the context of social change in order to maintain the cultural identity of the Banjar community in the midst of globalization.
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