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All Journal AT-TURAS: Jurnal Studi Keislaman Syarah: Jurnal Hukum Islam dan Ekonomi
Q. Zaman
Institut Agama Islam Negeri Pontianak
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Regulatory Ambiguity in Iddah: The Intersection of Circular Letters and Sirri Marriage Practices in Pontianak City Q. Zaman; Vinna Lusiana; Ari Widyawati
JURNAL AT-TURAS Vol 12, No 3 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/at-turas.v12i3.12592

Abstract

This study investigates the critical issue of Regulatory Ambiguity surrounding the iddah period, specifically examining the friction between the Indonesian Circular Letter No. P-005/DJ.III/HK.00.7/10/2021 and the persistent, widespread practice of unregistered (sirri) marriage in Pontianak City. This intersection creates a crucial challenge to the coherence of Islamic Family Law, amplifying wider theoretical debates on Legal Dualism and the effectiveness of state intervention in personal status matters, ultimately jeopardizing women's rights and the legal protection of children. The primary purpose is to systematically identify the systemic causes of this discrepancy and analyze its profound impact on legal certainty and the state's authoritative capacity regarding matrimonial enforcement. Employing a combined juridical-normative and empirical approach, the research utilized legal document analysis alongside in-depth, strategic interviews with 10 key informants, comprising both officials from the Office of Religious Affairs (KUA) and citizens directly involved in sirri marriages, thus providing credible insights into the practical realities of legal pluralism. Findings reveal a profound administrative breakdown, exemplified by the critical statistic that 93% of KUA officials demonstrate a failure to distinguish accurately between iddah talak raj'i (revocable divorce) and iddah talak ba'in (irrevocable divorce). This lack of administrative competency directly translates into a systemic vulnerability, where legal loopholes are routinely exploited, leading to the disenfranchisement of wives and children in property and inheritance claims. This article contributes significantly to the discourse on Islamic Family Law Reform, providing an evidence-based framework for jurisprudential clarity that promotes judicial authority and ensures equitable enforcement of marital rights in the long term
Opportunities and Challenges of Implementing the Minister of Foreign Affairs Regulation in the Practice of Buying and Selling Used Clothes Kawakib Kawakib; Q. Zaman
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 14 No. 1 (2025): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Universitas Islam Negeri Sultanah Nahrasiyah Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v14i1.6066

Abstract

Although there is a ban on the import of used clothing as stipulated in the Regulation of the Minister of Trade Number 51/M-DAG/PER/7/2015. However, the practice of buying and selling imported used clothing in Central Market, Pontianak City is still quite rampant. This study aims to analyze the opportunities and challenges in the implementation of the Minister of Trade Regulation Number 51/M-DAG/PER/7/2015 in the context of the local economy. The research method used was a qualitative approach by conducting in-depth interviews with traders, suppliers, and government officials. The results show that the practice of selling used clothing continues due to high consumer demand for affordable and quality products. There is a gap between policy and reality on the ground, where traders continue to sell used clothing to meet market needs. Thus, there is a need for dialog between the government and business actors to formulate policies that are more inclusive and responsive to the needs of local market consumers, especially in Pontianak City.
Co-Authors Ari Widyawati Kawakib Kawakib Vinna Lusiana