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Case Study of Alternative Joint Property Dispute Resolution Through Mediation Siti Arifahsyam; Mohammad Amir Bin Wan Harun
Jurnal Cendikia ISNU SU Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i1.19

The resolution of joint property disputes is often a source of conflict in divorce, which requires alternative approaches such as mediation to achieve a fair and satisfactory outcome for both parties. This study uses a normative juridical approach with a case study method, examining a number of cases of joint property disputes resolved through mediation in several religious courts. The results of the study show that mediation is able to reduce tensions between the parties and speed up the dispute resolution process, compared to the litigation process. In addition, mediation offers a more flexible and customizable solution to each party's needs, which is often not achievable through the courts. The conclusion of this study is that mediation is an effective alternative in resolving joint property disputes, especially in the context of divorce. It is recommended that religious courts further promote the use of mediation and provide additional training for mediators to improve the quality of dispute resolution through this means. These findings are expected to contribute to the development of a more responsive and inclusive legal system.

Case Study of Alternative Joint Property Dispute Resolution Through Mediation Siti Arifahsyam; Mohammad Amir Bin Wan Harun
Jurnal Cendikia ISNU SU Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i1.19

The resolution of joint property disputes is often a source of conflict in divorce, which requires alternative approaches such as mediation to achieve a fair and satisfactory outcome for both parties. This study uses a normative juridical approach with a case study method, examining a number of cases of joint property disputes resolved through mediation in several religious courts. The results of the study show that mediation is able to reduce tensions between the parties and speed up the dispute resolution process, compared to the litigation process. In addition, mediation offers a more flexible and customizable solution to each party's needs, which is often not achievable through the courts. The conclusion of this study is that mediation is an effective alternative in resolving joint property disputes, especially in the context of divorce. It is recommended that religious courts further promote the use of mediation and provide additional training for mediators to improve the quality of dispute resolution through this means. These findings are expected to contribute to the development of a more responsive and inclusive legal system.

Shipping Opinions Through Demostrations Which Cause Road Mohammad Amir Bin Wan Harun; Putri Syakilah
AT-TAFAHUM: Journal of Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i2.29167

Expressing opinions in public is an act that is permitted and legally protected by law. In general, everyone has the right to freedom of opinion, assembly, and expression as regulated in Article 28E Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Furthermore, these rights are also regulated under Law Number 9 of 1998 concerning Freedom of Expression in Public and Law Number 2 of 2002 concerning the Indonesian National Police. Freedom of expression is a fundamental human right owned by every citizen and serves as an important element in the implementation of democracy in Indonesia. However, in practice, the exercise of expressing opinions through demonstrations often creates problems that may undermine democratic values themselves. Demonstrations occasionally develop into anarchic actions, including acts of violence, destruction of public facilities, disruption of public order, and traffic congestion that negatively affect surrounding communities. Such conditions may cause material and immaterial losses and create social unrest. This study aims to analyze the legal regulations governing demonstrations in Indonesia and examine law enforcement efforts against demonstrators who engage in anarchic behavior. The research uses a normative legal research method with statutory and conceptual approaches by analyzing relevant laws and legal literature. The findings indicate that although freedom of expression is constitutionally guaranteed, its implementation must remain within the limits established by law and respect public order, security, morality, and the rights of others. Therefore, effective law enforcement and increased public legal awareness are necessary to ensure that demonstrations remain peaceful, orderly, and consistent with democratic principles and the rule of law.

Muhammad Syahrur's Theory of Limitations as an Effort to Reform Islamic Law Mohammad Amir Bin Wan Harun; Sahdia Tanjung
AT-TAFAHUM: Journal of Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v9i1.29125

This study examines Muhammad Syahrur's Theory of Limitations (Naẓariyyah al Ḥudūd) as a contemporary approach to Islamic legal reform. Syahrur argues that the Qur'an establishes minimum and maximum legal boundaries rather than rigid and immutable legal rules, thereby allowing room for ijtihad to respond to changing social realities while remaining within the framework of divine revelation. This research aims to analyze the epistemological foundation of the Theory of Limitations and evaluate its relevance to the development of contemporary Islamic law. The study employs a qualitative library research method using both primary and secondary sources, including Syahrur's original works, scholarly books, and academic journal articles. Data were collected through documentation techniques and analyzed using descriptive analytical and normative approaches. The findings reveal that Syahrur's theory offers a flexible and contextual understanding of Islamic law by integrating textual interpretation with rational, linguistic, and scientific approaches. Through the concepts of al-ḥadd al-adnā (minimum limit) and al-ḥadd al-aʿlā (maximum limit), the theory provides a framework for legal adaptation to contemporary issues such as social justice, gender equality, and human rights without departing from the essential principles of the Qur'an. Although the theory has been criticized for its liberal interpretation and departure from classical jurisprudential methods, it represents a significant contribution to contemporary Islamic legal thought by promoting a dynamic, contextual, and adaptive model of Islamic law.

Islamic Economic Dispute Resolution Mohammad Amir Bin Wan Harun; Nazwa Sabrina Naslim
AT-TAFAHUM: Journal of Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v6i1.29071

The rapid development of Islamic economics and finance in Indonesia has increased the potential for disputes due to differing understandings of contracts, breaches of contract, and inconsistencies in practices with Islamic principles. This situation demands a dispute resolution mechanism that can guarantee legal certainty while remaining grounded in Islamic values. This study aims to examine the definition and causes of Islamic economic disputes, the principles for their resolution, available mechanisms, and the authorized institutions in Indonesia. The method used is a normative juridical approach with an analysis of Islamic legal sources and relevant legislation. The study results show that, from an Islamic legal perspective, dispute resolution emphasizes the principles of justice (al-'adl), public interest (al-maslahah), and balance (tawazun) through deliberation (shura), reconciliation (sulh), and arbitration (tahkim). Meanwhile, under Indonesian positive law, dispute resolution is conducted through litigation in Religious Courts and non-litigation methods such as mediation and arbitration through BASYARNAS. These two approaches complement each other by ensuring legal certainty, efficiency, and compliance with sharia principles. Thus, the resolution of Islamic economic disputes in Indonesia is an integration of Islamic law and positive law that not only aims to resolve conflicts, but also maintains the values of justice, ethics, and sustainability of the Islamic economy.

The Inheritance Of A Wife Who Has Been Rejected And The Expiration Of Her Iddah Perspective Of Madhhab Imam Syafi'i (Case Study on the Mining Community of Mandailing Natal Regency) Mohammad Amir Bin Wan Harun; Paijal Usrin Siregar
Jurnal Sahabat ISNU SU Vol. 1 No. 3 (2024): ISNU Sahabat Desember 2024
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v1i1.21

This study examines the inheritance rights of divorced wives whose iddah period has expired in the Tambangan Jae community, Mandailing Natal Regency, and analyzes the practice from the perspective of Imam Shafi'i's legal opinion. According to Imam Shafi'i, the expiration of the iddah period terminates the marital bond (al-zawjiyyah), thereby eliminating the reciprocal right of inheritance between former spouses. However, the customary practices of the Tambangan Jae community recognize inheritance rights for divorced wives even after the expiration of the iddah period. This research employs an empirical legal approach through field research using interviews with religious leaders, community leaders, and local residents. The collected data were analyzed using a qualitative descriptive method with a deductive approach. The findings reveal that the community continues to grant inheritance rights to former wives based on several considerations, including customary traditions, protection of women and children, recognition of the wife's contribution to acquiring family assets, and the need to ensure the welfare and education of the children. These practices differ significantly from Imam Shafi'i's opinion, which strictly limits inheritance rights to spouses whose marital relationship still legally exists. The study concludes that the community's practice is rooted primarily in social justice and local customary values rather than classical Islamic inheritance doctrine. Therefore, the protection intended for former wives and children would be more appropriately realized through the distribution of jointly acquired marital property rather than inheritance, a solution that is more consistent with Imam Shafi'i's legal reasoning as well as Indonesian positive law.

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