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All Journal NOTARIUS Sakina: Journal of Family Studies Trunojoyo Law Review Warkat
Hidayat, Fitri
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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INTERPRETATION OF JUDGES TOWARD FASID AND BATIL MARRIAGE Hidayat, Fitri
TRUNOJOYO LAW REVIEW Vol 1, No 1 (2019): Februari
Publisher : Faculty of Law University of Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (159.58 KB) | DOI: 10.21107/tlr.v1i1.5259

Abstract

Legal marriage in Islam is in accordance with the pillars and conditions. The pillars and conditions are fulfilled, then a marriage is considered as legitimate. This research will look at several court stipulation and decisions relating to this matter. Stipulation of Religious  Court of Bangli Number 01/Pdt.P/2011/PA.Bgl, Decision of Religious Court of Denpasar Number 50/Pdt.G/2011/PT.Dps Stipulation of Religious  Court of Polewali Number 93/Pdt.P/2016/PA.Pwl, Stipulation of Religious  Court of Banjarbaru Number 80/Pdt.P/2017/PA.Bjb, Stipulation of Religious  Court of Banjarbaru Number 179/Pdt.P/2017/PA.Bjb, Stipulation of Religious  Court of Number 182/Pdt.P/2017/PA.Bjb, Decision of Religious Court of Pekanbaru Number 0042/Pdt.G/2017/PTA.Pbr. The stipulation and decision are different  in material requests and claims, but the focus is on the interpretation of judges about the legitimacy of marriage, which then discusses fasid marriage and batil marriage. A broken marriage because the pillars and conditions are not appropriate. The judge views the greatest importance, namely the interests of the child so that in his decision, even though the marriage is fasid  the child remains legitimate child. According to researchers in the stipulation and decision there are marriages that should be interpreted as batil, but interpreted as fasid. The judge interprets all illegitimate marriages as fasid marriages even though they are supposed to be batil. Because what is not fulfilled is the pillar. The judge uses the views of the Hanafi madzab to interpret. The judge does this because he emphasizes the best interests of the child so that no child is considered child out of marriage. The judge only thinks about the interests of the children civil rights  that are born in illegitimate marriage. The judge in deciding also put forward the sharia maqasid. Judges here use teleological interpretations as well as extensive interpretation by expanding the meaning of fasid marriage.
Sema No. 2 Tahun 2023: antara Kebebasan, Syariat, dan Pluralisme Hukum Hidayat, Fitri; Putrijanti, Aju
Notarius Vol 17, No 3 (2024): Notarius
Publisher : Program Studi Magister Kenotariatan, Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/nts.v17i3.68032

Abstract

ABSTRACTCircular Letter of the Supreme Court (SEMA) No. 2 of 2023 clarifies regulations related to interfaith marriage in Indonesia. This article analyzes the SEMA from the perspective of human rights in Islam about interfaith marriage. It also explores whether the regulation is in line with the principles of human rights in Islam. Using a legislative approach, a conceptual approach, and a systematic interpretation as well as teleology, it was concluded that SEMA Number 2 of 2023 concerning interfaith marriage is a step that tries to solve social problems in Indonesia, which are multicultural and multireligious. From the perspective of Islamic human rights, the freedom to choose a spouse remains recognized, but is limited by sharia principles aimed at protecting religion and heredity.Keywords: SEMA; Freedom; Islamic Law; Legal PluralismABSTRAKSurat Edaran Mahkamah Agung (SEMA) Nomor 2 Tahun 2023 memperjelas regulasi terkait perkawinan beda agama di Indonesia. Artikel ini menganalisis SEMA tersebut dalam perspektif hak asasi manusia, khususnya mengenai kebebasan untuk melakukan perkawinan dan kebebasan beragama dengan perspektif hukum Islam. Juga mengeksplorasi apakah regulasi tersebut selaras dengan prinsip-prinsip hak  asasi manusia dalam Islam. Menggunakan pendekatan perundang-undangan, pendekatan konsep, serta penafsiran sistematis juga teleologi,  disimpulkan bahwa SEMA Nomor 2 Tahun 2023 tentang perkawinan beda agama adalah langkah yang mencoba untuk menyelesaikan persoalan sosial di Indonesia, yang multikultural dan multiagama. Dari perspektif hak asasi manusia Islam, kebebasan untuk memilih pasangan tetap diakui, tetapi dibatasi oleh prinsip-prinsip syariat yang bertujuan untuk melindungi agama dan keturunan.Kata Kunci: SEMA; Kebebasan; Syariat; Pluralisme Hukum
Judge's Advice in the Decisions of Marriage Dispensation Cases: Analysis Based on PERMA No. 5 of 2019 Maharani, Tiara; Hidayat, Fitri; Suwardiyati, Rumi
Sakina: Journal of Family Studies Vol 9 No 1 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i1.14190

Abstract

The Qur'an and al-Sunnah as the main sources of Islamic law and guidelines for the lives of Muslims do not explain in detail and in depth the concept of husband's Nafkah to his wife. This requires the Mujtahids and their successors to perform Ijtihad in an effort to interpret the intentions of Shari'. One of the line of scholars who performed ijtihad so as to pour it into a work was Sheikh Zainuddin al-Malibari in his work Qurat al-'Ain which was further elaborated in more depth and detail by the Nusantara Syarh specialist Sheikh Nawawi al-Bantani in his work Nihayat al-Zein. Therefore, the purpose of this paper is to describe and explain the thoughts of Sheikh Nawawi on his in-depth elaboration of the Matn Qurrat al-'Ain. The approach used is Qualitative with the type of library research on the book of Nihayat al-Zain with the specification of text analysis. In order to get more comprehensive study results and to examine the relevance of Sheikh Nawawi's thoughts in the contemporary era, the Intertextual approach, the Reinterpretation approach and the Relevance approach are used. The result is the thought of Sheikh Nawawi on the concept of Nafkah, in some ways it is still relevant to be applied in the contemporary era and even requires an elitist life. But in some ways it is less relevant and even not applicable if confronted with the opinions of other figures.
The Urgency of Implementing the Ilahiah Principle in the Implementation of E-Commerce Djumikasih; Hidayat, Fitri; Nurhayati, Prawatya Ido; Puspitasari, Indri; Manap, Norhoneydayatie Abdul
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Electronic contracts, especially electronic commerce, are common today because they provide many conveniences for both sellers and buyers. For sellers, e-commerce opens up a much wider market and can reduce the selling price as low as possible because it can reduce distribution and promotion costs. For buyers, e-commerce provides a large selection of products without having to spend time, energy and costs to find products directly. However, these various conveniences also bring up various problems in their implementation, to the detriment of both sellers, buyers and couriers and expedition companies, there are many cases that show that. This because in making an electronic contract the parties do not meet directly, so that there are certain parties who feel innocent when they do not fulfill what they have agreed, because they feel that no one is watching because the opposite party to the agreement cannot see directly.  This research examines the urgency of applying the Ilahiah Principle in the implementation of e-commerce with the approach and conclusion that the Ilahiah Principle is urgent to apply because it moves the parties to remain in good faith in the implementation of the agreement even though they do not meet in person because they feel there is a God who is watching.
Co-Authors Aju Putrijanti Djumikasih Indri Puspitasari, Indri Manap, Norhoneydayatie Abdul Nurhayati, Prawatya Ido Rumi Suwardiyati Tiara Maharani, Tiara