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Implementation of Solutions a Simple Claims of Sharia Economy in the Religious Court of Malang City and Religious Court of Malang District Zuhriah, Efaniah; Fuadi, Suud; Sukadi, Imam
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 1 (2022): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i1.4288

Abstract

The settlement of a simple lawsuit on Islamic economic matters in the Malang City Religious Court and Malang District Religious Court is in line with the principle of conducting a simple trial. The procedure is simpler because it is more concise, with no claims for provisions, exceptions, reconventions, interventions, replicas, duplicates or conclusions. The settlement time is also limited to a maximum of 25 days. Costs will also be cheaper because the process and time of settlement are simple. Constraints faced in the settlement of a simple lawsuit in sharia economic matters in Malang City Religious Court and Malang District Religious Court include the first, Jurisdictional Problems. Secondly, a simple suit cannot be effective if there is a resistance suit. Third, careful examination of case files by the Registrar.
Dimensions of The Islamic Law and Human Rights in The Protection of Children from Convicted Parents Zuhriah, Erfaniah; Fuadi, Suud; Sukadi, Imam; Ashari, Zahrah Salsabillah
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 2 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i2.25150

Abstract

Protection for children separated from their parents, particularly due to parental incarceration, is a pressing issue in Indonesia that demands serious attention. The absence of parental support and guidance places these children in vulnerable situations, negatively impacting their physical, emotional, and social well-being. This study examines the importance of legal and social protection for these children and explores the role of the state and government in providing adequate protection and welfare guarantees. Previous research reveals gaps in integrating Islamic legal principles with child protection policies that are contextual and relevant to contemporary social challenges. This article presents a review of key Islamic legal concepts related to child protection, such as maslahah mursalah, and integrates them with international human rights standards, such as the Convention on the Rights of the Child (CRC). Employing an empirical approach, the study investigates the implementation and practical outcomes of child protection laws. Primary data were gathered through interviews and observations involving key stakeholders, complemented by secondary data from books, journal articles, and legislative documents, including the Child Protection Act. The findings reveal that children separated from incarcerated parents often face neglect, discrimination, and social vulnerability. A case study of the Women’s Prison Class II A in Malang City highlights inadequate child protection measures due to insufficient government funding, which hampers the effective delivery of developmental and protective services for these children. To address these challenges, stronger regulatory frameworks and increased budgetary support are essential. Enhancing the role of the state in implementing robust policies will not only ensure the welfare of affected children but also set a standard for societal participation in fostering healthy, discrimination-free environments. Such measures are critical for safeguarding the rights and development of these vulnerable children.