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All Journal al-Afkar, Journal For Islamic Studies ASA Educare : Jurnal Ilmu Pendidikan Journal of Islamic Education Counseling e_Jurnal Ilmiah Riset Akuntansi Jurnal Online Baradha JEBD SIYAR (Social Issues by Academic Researhers) Journal Millatuna: Jurnal Studi Islam Jurnal Ilmiah Kesehatan Mandira Cendikia Classroom: Journal of Islamic Education Cleanliness: Journal of Health Sciences and Medical Research
Fatimatuz Zahro
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Religion Arts Humanities Dentistry Economics, Econometrics & Finance Education Engineering Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Neuroscience Nursing Public Health Social Sciences Other

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PEMBAHARUAN HUKUM KELUARGA DI ALJAZAIR Fatimatuz Zahro; Alfiah
ASA Vol 7 No 2 (2025): AGUSTUS
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v7i2.151

Abstract

This article discusses the dynamics of family law reform in Algeria as a reflection of the complex interaction between Islamic tradition, the French colonial legacy, and the demands of modernity. After gaining independence in 1962, Algeria sought to build a national legal system that integrated the principles of Islamic Sharia, particularly the Maliki school, into the Family Law of 1984. Further reforms took place in 2005 in response to demands for gender equality and the protection of women’s rights, which included adjustments to the legal age of marriage, strengthening women’s rights to divorce, and restricting polygamy. The article also highlights the socio-cultural challenges in implementing the law, including resistance from conservative groups, gender inequality, and patriarchal influences. Using a descriptive-analytical approach, the article concludes that although the reforms have brought significant progress in protecting family rights, their implementation still requires structural and cultural support in order to be effectively applied within society. Keywords: Algeria, family law, reform, gender equality, Maliki school
KARAKTER PRODUK HUKUM DALAM PEMBENTUKAN UU NO 16 TAHUN 2019 Fatimatuz Zahro; Dzurrotul Muniroh Ahdaniah
ASA Vol 7 No 2 (2025): AGUSTUS
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v7i2.153

Abstract

The formation of legal products in Indonesia, particularly in the field of family law, is inseparable from the dynamics of legal politics, which are marked by ideological, social, and cultural contestations. Law No. 16 of 2019 concerning the Amendment to Law No. 1 of 1974 on Marriage serves as a concrete example of how legal politics shape regulations through compromise. The amendment raising the minimum marriage age for women from 16 to 19 years reflects a responsive legal character, as it was influenced by the Constitutional Court’s ruling and strong advocacy from civil society groups emphasizing child protection and gender equality. This demonstrates the characteristics of responsive law, as theorized by Nonet and Selznick, which underscores the law’s openness to societal aspirations. However, the provision under Article 7 paragraph (2), which still allows for marriage dispensation through the courts, reveals a conservative tendency within the legislation. This provision creates a normative contradiction: on the one hand, the state seeks to prevent child marriage; on the other hand, it legitimizes such practices under certain urgent circumstances. This phenomenon illustrates that family law in Indonesia is not neutral but rather a result of complex political negotiations involving the state, judiciary, religious organizations, and civil society actors. Consequently, Indonesian family law exhibits a dualistic character—responsive in its legislative process, yet conservative in the substance of its provisions. This study highlights the importance of understanding legal politics in evaluating whether family law reforms can genuinely promote substantive justice, human rights protection, and gender equality within society
Co-Authors Alfiah Amin, Moh. Saiful Bakhril Asmuji Dzurrotul Muniroh Ahdaniah Gefi Melyana saputri Hesti Eka Denata Iskandar Yusuf Ismi Tartila M. Cholid Mawardi melani albar Muhammad Ifan Muhammad Ijal Khoiron Nafolion Nur Rahmat Nanik Ulfa Novera Luthfiani Nur 'Azah Nur Hamim Nur Hasan Busri Putri Catur Ayu Lestari Rahmawati Rahmawati Ronny Malavia Mardani Susi Wahyuning Asih Tahta Alfina Nada Besari