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All Journal International Journal of Social Service and Research Kawanua International Journal of Multicultural Studies
Maripah, Emma
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Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection of Minority Groups within Patriarchal Structures: The Rights of Women and Children Post-Divorce Alim, Firmansyah Pratama; Maripah, Emma; Kolopita, Abdul Fajri
Kawanua International Journal of Multicultural Studies Vol 6 No 1 (2025)
Publisher : State Islamic Institute of Manado (IAIN) Manado, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/kijms.v6i1.1336

Abstract

Divorce produces significant impacts on women and children as minority groups within patriarchal structures, particularly within Indonesia's plural legal system that integrates Islamic law, national law, and social practices. This research aims to analyze legal protection mechanisms for women and children as minority groups post-divorce in the Muslim community of Manado City, identify structural patriarchal factors that hinder the fulfillment of rights, analyze the intersectionality of oppression within the plural legal system, and evaluate the effectiveness of existing protection mechanisms. Using a descriptive qualitative approach, this empirical juridical research integrates a framework for minority studies and structural patriarchal analysis. Primary data were obtained from 106 talaq divorce cases at Manado Religious Court in 2021, focusing on 15 reconvention cases and 46 complaint cases at the UPTD for Women and Child Protection. Data collection through document study, observation, and in-depth interviews was analyzed using thematic analysis. As many as 85.8% of cases were decided in absentia without the wife's presence, reflecting systemic marginalization. Hindering factors include limited legal knowledge, economic dependency, masculinity construction that avoids responsibility, and institutional monitoring vacuums. The reconvention mechanism shows 66.7% success, but is limited by unequal accessibility. Legal protection for women and children requires systemic transformation, integrating minority rights perspectives through strengthening integrated databases, rights-based legal aid, Family Court Monitoring Units, and intersectionality-based capacity building for law enforcement.
Legal Construction of Home Ownership Financing According to Sharia Principles Maripah, Emma; Zainusyukur, Zainusyukur
International Journal of Social Service and Research Vol. 5 No. 7 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i8.1290

Abstract

Sharia Home Ownership Financing (PPR Syariah) is an urgent need for the Indonesian Muslim community in obtaining housing according to Islamic principles. This study aims to analyze the juridical construction of PPR Syariah that is ideal for Indonesia through a normative juridical approach with descriptive-prescriptive analysis. Secondary data were collected through a literature study and reinforced primary data from stakeholder interviews. The findings show that Sharia PPR in Indonesia faces complex problems: Islamic bank mortgages are still under criticism related to sharia compliance, while non-bank sharia PPRs are weak in regulation even though they are considered more sharia by the community. The realization of Sharia mortgages has only reached 15.9% of total housing financing, far from the potential of the Muslim market of Rp. 720 trillion. The housing backlog of 12.75 million units requires financing solutions that accommodate the religiosity of the community. The ideal juridical construction requires a holistic system approach based on Maqasid Syariah by considering aspects of sharia (sharia conformity) and qonunan (positive law). The construction model must involve community participation (legal culture) in the formation of policies (legal policy) towards a comprehensive Sharia PPR Law. The study recommends the establishment of special regulations that accommodate both Islamic bank mortgages and non-bank Islamic PPRs with adequate supervision.
Co-Authors Alim, Firmansyah Pratama Kolopita, Abdul Fajri Zainusyukur, Zainusyukur