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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Al-Mujtahid: Journal of Islamic Family Law
Mursyid, Salma
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Navigating Custody: The Impact of Religious Court Judges on Interfaith Family Dynamics Mursyid, Salma; Bilalu, Naskur; Subeitan, Syahrul Mubarak
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i1.3039

Abstract

This study examines the critical role of Religious Court judges in deciding child custody in families with parents of different religions in Indonesia. Religious Court judges face unique challenges in balancing Islamic legal principles with children's best interests in a complex and diverse social context. This study aims to identify factors that affect judges' decisions, including legal foundations, moral considerations, and social impacts. Using a qualitative approach, data were obtained through in-depth interviews with judges, case analysis, and literature reviews. The study results show that judges consider not only formal law but also social values and the interests of children. Factors such as the child's psychological condition, emotional stability, and a healthy growth and development environment are the primary considerations in decision-making. In addition, the study found that the diversity of interpretations of Islamic law among judges influenced their final decisions. This study found that Religious Court judges consider not only formal law but also social values and the best interests of children in making decisions on child custody in families of different religions. In addition, the diversity of interpretations of Islamic law among judges also influences the final decision, with factors such as the child's psychological condition and emotional stability being the primary considerations.
Changes in Marriage Age Limits and Marriage Dispensations: A Study of Causes and Impacts on the Religious Courts in North Sulawesi Mursyid, Salma; Yusuf, Nasruddin
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.v6i2.12439

Abstract

This study aimed to analyze the impact of the enactment of Law Number 16 of 2019, the causes of the application for marriage dispensations, and the judge’s reasons for the marriage dispensation grant. This research was necessary due to the establishment of Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 regarding Marriage—which aims for equality in the minimum age limit in marriage, namely 19 for both men and women—that increases the number of applications for marriage dispensations in Religious Courts. This study is empirical legal research with a phenomenological approach. The study found that the law’s enactment brought some positive impacts, such as protection of the rights of minors, assurance of physically and mentally healthy offspring (as a result of maturely married couples), reduction of women’s vulnerability to domestic violence, and suppression of marital problems. On the other hand, however, this law caused an increase in the application for marriage dispensations at all Religious Courts in North Sulawesi. Meanwhile, reasons for marriage dispensation requests included pregnancy out of wedlock, the influence of local customs/traditions, economic concerns, parents’ will for child marriage, parents’ effort in preventing their children from acts contrary to religious norms, uncontrolled socializing, and elderly parents’ property bequeathment. Regarding the judge’s judgment in granting marriage dispensations, considerations were made on a case-by-case basis. In conclusion, the law distinguishing the minimum age of marriage between men and women should be non-existent because it will only hinder the fundamental rights or constitutional rights of every citizen, as guaranteed in Article 28B paragraphs (1) and (2) of the Indonesian Constitution. 
Navigating Custody: The Impact of Religious Court Judges on Interfaith Family Dynamics Mursyid, Salma; Bilalu, Naskur; Subeitan, Syahrul Mubarak
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i1.3039

Abstract

This study examines the critical role of Religious Court judges in deciding child custody in families with parents of different religions in Indonesia. Religious Court judges face unique challenges in balancing Islamic legal principles with children's best interests in a complex and diverse social context. This study aims to identify factors that affect judges' decisions, including legal foundations, moral considerations, and social impacts. Using a qualitative approach, data were obtained through in-depth interviews with judges, case analysis, and literature reviews. The study results show that judges consider not only formal law but also social values and the interests of children. Factors such as the child's psychological condition, emotional stability, and a healthy growth and development environment are the primary considerations in decision-making. In addition, the study found that the diversity of interpretations of Islamic law among judges influenced their final decisions. This study found that Religious Court judges consider not only formal law but also social values and the best interests of children in making decisions on child custody in families of different religions. In addition, the diversity of interpretations of Islamic law among judges also influences the final decision, with factors such as the child's psychological condition and emotional stability being the primary considerations.
Co-Authors Bilalu, Naskur Nasruddin Yusuf, Nasruddin Subeitan, Syahrul Mubarak