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Compilation of Islamic Law as Judge's Consideration at a Religious Court in North Sulawesi, Indonesia Bilalu, Naskur; Jamal, Ridwan; Harun, Nurlaila; Subeitan, Syahrul Mubarak
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 2 (2022): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v6i2.12441

Abstract

This study examines the Compilation of Islamic Law (KHI) as a consideration for Religious Court Judges in North Sulawesi in resolving legal cases. This paper is empirical legal research using the sociology of law approach based on facts related to the considerations of judges and decisions of the religious courts in North Sulawesi as the application of the Compilation of Islamic Law. The data collection technique is based on literature review, especially court decisions and in-depth interviews with judges. The findings show that there are four forms of application of KHI, namely: First, KHI is the main reference with considerations: 1) if there is no basis for legal considerations in Laws and Government Regulations; 2) KHI is the agreement of the ulema and is a series of written laws; 3) KHI is jurisprudence, Second, KHI is a reinforcement reference to Government Laws and Regulations with the following considerations: 1) KHI is a reaffirmation of Government Laws and Regulations; 2) KHI provides Islamic characteristics and values; 3) KHI is a special provision for Muslims; 4) KHI realizes marriages must be carried out based on the provisions of the law of religion and belief. Third, KHI is a special reference with the considerations: 1) KHI regulates specifically, while it is not found in laws and Government Regulations; 2) KHI is a special reference for Religious Courts; 3) KHI has regulated while the laws and regulations have not regulated, and Fourth, KHI is not a reference at all with the consideration that no legal basis is found.
Psikoedukasi Mengenai Peran Dzikir Dalam Kesejahtraan Psikologis Individu Di SMAN 1 Banda Baro Anastasya, Yara Andita; Harun, Nurlaila; Nisaq, Saidatun; Salsabila, Hanisa; Chairunnisa, Aura; Nur, Alia; Ayunda, Dira
Jurnal Psikologi Terapan Vol 7 No 2 (2024)
Publisher : Program Studi Psikologi Fakultas Kedokteran Universitas Malikussaleh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29103/jpt.v7i2.19692

Abstract

Early adulthood is a complex and crucial developmental phase, marked by significant changes in physical, cognitive, emotional and social aspects. In this phase, mental health becomes an important issue with a fairly high prevalence of disorders such as anxiety, depression and stress. This research explores the role of dhikr (remembering Allah) in improving individual well-being in early adulthood. Dhikr, as a spiritual practice in Islam, has psychological benefits such as calming the soul, reducing stress and anxiety, increasing spiritual closeness, concentration, mental health, gratitude, and strengthening social relationships. Through psychoeducation, students are enthusiastic and motivated to implement dhikr in their daily lives in order to achieve better mental and mental well-being. The research results show that dhikr has great potential in facilitating positive development and mental health in individuals in early adulthood.
Muslim Society's Response to the New Rule of Marriage Age Bukido, Rosdalina; Harun, Nurlaila; Alwi, Muhammad; Kamaru, Fahri Fijrin
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.5521

Abstract

This study aims to describe the response of the Muslim community to the new marriage age regulation. The existence of this new provision reaps pros and cons because the community and the government understand the age of marriage, especially Muslim people, who basically consider the age limit for marriage to be when they have reached puberty. This research was conducted in North Sulawesi with a qualitative-descriptive research type and a sociological approach. Data was collected through interviews with informants starting from the community level, religious leaders and community leaders and then analyzed in a descriptive way. The results obtained are that there is a strong religious doctrine and public ignorance of the issuance of Law no. 16 of 2019. With this rule in place, they hinder many couples who are ready to get married. Most people show an attitude of disapproval of the 19-year age limit for marriage. For society, the law does not look good, especially for those who are not yet 19 years old. The community’s understanding is that both partners have reached puberty, as explained in Islamic teachings. Even so, for religious figures to show the opposite attitude, the 19-year marriage penalty rule is very necessary because it involves emotional and economic stability in living a household life. Actually, the implementation of Law No. 16 of 2019 could be more effective if Perma No. 15 of 2019 was also socialized because they related it to the purpose and reasons for the intended marriage age limit. There is a lack of public understanding of the 19-year age limit for marriage because Law No. 16 of 2019, which is socialized, is only a prohibition which prohibits it. Perma No. 15 of 2019 is the answer to the regulatory age limit for marriage at 19 years, which is always questioned in society.
Integration of Islamic Law Principles in Overcoming Failure: Mediate Family Cases in The North Sulawesi Religious Court Harun, Nurlaila; Yusuf, Nasruddin; Fernando, Henky; Larasati, Yuniar Galuh
El-Usrah: Jurnal Hukum Keluarga Vol. 9 No. 1 (2026): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v9i1.34080

Abstract

This study examines the failure of mediation in family cases at the North Sulawesi Religious Court and emphasizes the importance of integrating Islamic legal principles to address these issues. Although many studies have addressed mediation failures, this study offers a more in-depth perspective by highlighting how the dominance of legal formalities often ignores the substance of peaceful dispute resolution. Through a qualitative approach, in-depth interviews are conducted with judges, mediators, and parties involved in the mediation process. Thematic analysis is then used to identify patterns and themes from the collected data. The study results show that one of the leading causes of mediation failure is the lack of application of Islamic legal principles, such as the activeness of mediator judges in promoting peace. In addition, local wisdom ('urf) that is supposed to strengthen mediation is often overlooked, which reduces the effectiveness of the mediation process. The success of mediation, if it occurs, is more often determined by external pressures, such as family pressures, than by the mediation itself. Therefore, this study emphasizes the need for stronger integration between Islamic legal principles and mediation approaches in Religious Courts to achieve fairer, more peaceful dispute resolution for all parties.
Cultural Distortion in Marriage Taaruf Through Matchmaking Applications from the Perspective of Islamic Law Saleh, Muhammad; Harun, Nurlaila; Yusnita, Eti; Hendriyanto, Hendriyanto; Siregar, Sheyra Silvia
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5913

Abstract

The advancement of technology has transformed the way individuals seek life partners, including among Muslims. One emerging phenomenon is the use of matchmaking applications as a medium for taaruf in preparation for marriage. This study aims to analyze the use of matchmaking applications as a taaruf medium from the perspective of Islamic law. The research employs a qualitative method with a literature study approach, examining various sources related to Islamic family law, the concept of taaruf, and the use of technology in partner-seeking. The findings indicate that Islam does not prohibit the use of technology in finding a spouse, provided that Sharia principles are upheld, such as maintaining interaction boundaries, involving a guardian (wali), and prioritizing the right intentions. Several applications offer features that support Islamic taaruf, such as identity verification, filtering potential partners based on Islamic values, and guardian supervision in communication. However, challenges such as the risk of identity misuse and potential deviations from Islamic norms must be considered. Therefore, regulations and user education are necessary to ensure that these applications are used wisely and remain within the framework of Islamic law. With the right approach, matchmaking applications can serve as a modern solution for realizing Islamic marriages characterized by sakinah, mawaddah, and rahmah.
Legal Protection of Children After Divorce: A Comparative Study of Islamic Law and the Child Protection Act Syafiq, Muhammad; Fitriyanti, Vivit; Harun, Nurlaila; Abidin, Kurniati; Haikal Tunisi, Muhammad; Stanislaus, Surip
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6674

Abstract

This article examines the legal protection of children after divorce through a comparative approach between Islamic law and the Indonesian Child Protection Act. Divorce often has negative consequences for children—psychologically, socially, and economically. Therefore, a legal framework is needed that can guarantee the comprehensive fulfillment of children’s rights, even after the termination of parental marital relations. From the perspective of Islamic law, the principle of child protection is rooted in the objectives of sharia (maqāṣid al-sharī‘ah), particularly in preserving life (ḥifẓ al-nafs), lineage (ḥifẓ al-nasl), and intellect (ḥifẓ al-‘aql). The concepts of ḥaḍānah (custody), the obligation of financial support, and the continuity of emotional roles of parents indicate that Islam places the welfare of the child as a top priority. Meanwhile, Law No. 35 of 2014 guarantees the rights of children after divorce through the principle of the best interest of the child, although its implementation still faces challenges such as weak legal enforcement and lack of supervision in the fulfillment of custody and child support. This article employs a normative-comparative research method and a maqāṣid-based analysis. The findings show the urgency of harmonizing the regulations between the two legal systems to realize a child protection framework that is just, comprehensive, and contextually relevant. The integration of maqāṣid principles into national policy is key to strengthening the child protection system in Indonesia.