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Reforming of Marriage Law Through Constitutional Court Decision in Indonesia: Reformasi Undang-Undang Perkawinan Melalui Putusan Mahkamah Konstitusi di Indonesia Rosa, Melia; Huda, Yasrul; Danil, Muhammad; Maulidah, Chabibatul; Arlis, Arlis
Jurnal Konstitusi Vol. 21 No. 4 (2024)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2148

Abstract

The authority of the Constitutional Court to conduct judicial review against the 1945 Constitution often generates both support and criticism, particularly among those who feel disadvantaged by the existence of Law No. 1 of 1974. This study employs a qualitative research method with a normative juridical approach. The findings indicate that the Constitutional Court frequently engages in ijtihad (independent reasoning) when adjudicating cases. Additional considerations underlying these decisions include developments in science, technology, reform, and the renewal of Islamic thought, all of which influence the dynamic application of Islamic law in Indonesia. The implication of this study is that the Constitutional Court not only serves as an institution that tests statutory laws against the 1945 Constitution, but also plays an active role in legal interpretation (ijtihad), particularly concerning religious and matrimonial law. Consequently, the Court takes on a more prominent role in directing the development of Indonesian law in line with contemporary changes. Following the Court’s decisions, stricter oversight is necessary to ensure that legal amendments are effectively implemented in practice, so that the benefits of these reforms are truly felt by the public.
The Effectiveness of Istinsyaq and Istinsar as an Islamic-Based Approach in the Prevention and Treatment of Sinusitis: Integration of Spiritual Values and Modern Medical Perspectives Desi Widya Fitri; Ikhwan; Huda, Yasrul
NALAR FIQH: Jurnal Hukum Islam Vol. 15 No. 2 (2024): December 2024
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v15i2.1593

Abstract

The mouth and nose are organs that are vulnerable to exposure to bacteria, viruses and germs, which can trigger various diseases including sinusitis. In Islam, the practices of istinsyaq and istinsar, which are part of ablution, have significant potential in cleansing the nasal cavity and preventing infections. Previous studies have shown the benefits of istinsyaq on respiratory health, but not many have linked it in depth to the prevention and treatment of sinusitis. This research uses the literature study method by analyzing data from various scientific sources such as Mendeley, Google Scholar, and Science Direct to explore the effectiveness of istinsyaq and istinsar in a medical and Islamic context. The results showed that the practices of istinsyaq and istinsar, when performed routinely five times a day in ablution, are similar in effectiveness to modern nasal irrigation methods, clearing mucus, dirt and microorganisms that can cause infection. The findings also indicate a reduced risk of respiratory tract infections and improvement in sinusitis symptoms. This study makes an important contribution by showing that Islamic teachings not only serve as a spiritual act of worship but also offer relevant practical solutions in public health. This study recommends further research to explore the application of istinsyaq as part of public health protocols in the prevention of respiratory diseases.
Islamic Law Versus Adat: Debate about Inheritance Law and the Rise of Capitalism in Minangkabau Huda, Yasrul
Studia Islamika Vol. 15 No. 2 (2008): Studia Islamika
Publisher : Center for Study of Islam and Society (PPIM) Syarif Hidayatullah State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sdi.v15i2.531

Abstract

The study of traditional Minangkabau society has stimulated a considerable amount of work on the nature of social change in West Sumatra. In Minangkabau one of the central themes of its intellectual history is the search for the formulation of the relationship between adat and Islam. As a result, some scholarly debated has concentrated on how a matrilineal society, such as Minangkabau, can become one of the most thoroughly Islamized ethnic groups. The survival of adat is under the domination of Islam, although its rules are extremely different from adat, and the integration of Islam with adat.DOI: 10.15408/sdi.v15i2.531
Al-Sharī’ah al-Islāmīyah fī ‘Aṣr al-Amrikazīyah al-Iqlīmīyah bi Indūnīsīya Huda, Yasrul
Studia Islamika Vol. 13 No. 3 (2006): Studia Islamika
Publisher : Center for Study of Islam and Society (PPIM) Syarif Hidayatullah State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sdi.v13i3.560

Abstract

This article covers the efforts being made by two regions of Indonesia to implement Islamic law, that is, Aceh and West Sumatra. As one of the Special Autonomous Regions in Indonesia, Aceh has far greater freedom and authority to make its own rules and regulations, which includes the use of Islamic law as the rule of law in the area. In order to achieve this objective, the government of Aceh has introduced a regulation regarding the implementation of Islamic law and is quite extensive in that it covers aqidah (Islamic beliefs), ibadah (matters of worship), muamalah (dealings between people), akhlak (character), pendidikan (education), dakwah, baitul mal (the treasury), kemasyarakatan (social matters), syiar Islam (Islamic propogation), pembelaan Islam (defending Islam), peradilan (judicature), jinayat, munakahat (marriage) and waris (inheritance). This means that Islamic law should in theory govern almost all aspects of Islamic law and daily life.DOI: 10.15408/sdi.v13i3.560