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All Journal FITRAH:Jurnal Kajian Ilmu-ilmu Keislaman Misykat al-Anwar Jurnal Kajian Islam dan Masyarakat
Bariyah, Oneng Nurul
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Religion Education Social Sciences Other

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Judicial Discretion and Joint Property Interpretation at Banten PTA: Analyzing Justice, Contribution, and Legal Adaptation karmawan, Karmawan; Bariyah, Oneng Nurul; Niwae, Yahaya; Pertaminawati, Hendra
FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman Vol 11, No 2 (2025): 10 Articles, Pages 157-370
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/fitrah.v11i2.17265

Abstract

This study aims to analyze the role of judicial discretion in interpreting the division of joint property (gono-gini) in the Banten High Religious Court (PTA), with a focus on factors of fairness and contribution. Formal norms such as Article 97 of the Compilation of Islamic Law (KHI), which stipulates a 50:50 division, are often inadequate when faced with unequal economic and non-economic contributions, bad faith, and the socio-economic vulnerability of the weaker party. This study uses a content analysis method on appeal decisions from 2021-2025, supplemented by a review of Islamic law literature and Maqasid al-shari'ah. The results of the study indicate that judges use discretion to adjust the distribution proportion based on actual contributions, the child's best interests, and the principle of benefit. The maqāṣid al-sharī‘ah framework serves as a normative basis that binds deviations to remain proportional and oriented towards substantive justice. The findings also emphasize the need for interpretive guidelines, gender-friendly evidentiary standards, and strengthening mediation and prenuptial education to reduce disparities in decisions. This study concludes that judicial discretion is not merely a technical freedom, but a teleological instrument for realizing adaptive and inclusive justice in the Indonesian religious court system.
Implications of the Ketapang Religious Court Decision on Marriage Registration: Case Study at KUA Marau District Bariyah, Oneng Nurul; Priyono, M. Rozi
MISYKAT AL-ANWAR JURNAL KAJIAN ISLAM DAN MASYARAKAT Vol 9 No 1 (2026)
Publisher : Faculty of Islamic Studies, University of Muhammadiyah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24853/ma.9.1.151-160

Abstract

The background to this study relates to Case No. 6/Pdt.P/2020/PA.Ktp, concerning the judge‟s decision on the status of a guardian who married a woman in her capacity as guardian outside the provisions of the law. The purpose of this study is to analyse the implications of the Ketapang Religious Court‟s decision on the marriage validation of Case No.6/Pdt.P/2020/PA. Ktp on marriage registration. This study is a literature and field study. The approach taken by the author is descriptive qualitative. The data sources consist of primary and secondary data. Primary data was obtained through interviews with the Head of the Marau Subdistrict KUA and the panel of judges as well as the Chief Justice of the Ketapang Religious Court. Secondary data consists of the Ketapang Class IIB Religious Court Decision Directory, recordings and other documentation. The research concluded that, according to Islamic jurisprudence and the Compilation of Islamic Law, a non-Muslim guardian is invalid.
Co-Authors karmawan karmawan Niwae, Yahaya Pertaminawati, Hendra Priyono, M. Rozi