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Underage Widows and Widowers before the Law: Problem, Contestation and Legal Certainty in Marriage Dispensation Muhammad Fauzinudin Faiz; Zezen Zainul Ali; Muhammad Taufiq
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i2.9097

Abstract

Increasing the minimum age for marriage has increased the community's efforts to obtain a marriage dispensation permit in court. Generally, this application is made by children who are not old enough and not yet married, but the facts on the ground state that there are widows and widowers under age who also apply for a marriage dispensation for the second time, this raises a new problem, namely legal uncertainty for the applicant. This study will explore the problems of an underage widow and widower in registering his second marriage and the contestation of authority in the marriage of underage widows and widowers. The study was conducted by looking at and analyzing several cases of application for dispensation for the marriage of underage widows and widowers in several Religious Courts (juridical normative) and mapping related documents (library research). Three important points are noted. First, when a widow and widower under the age of 19 applies for marriage registration at the Office of Religious Affairs but is refused and directed to apply for a dispensation to marry, while in the Religious Court, there are differences of opinion among judges in the application for dispensation to marry a second time, some reject, and some accept. Second, there is contestation between the Office of Religious Affairs and the Religious Courts in viewing dispensation for widow and widower marriage because of the different legal basis used. Third, despite the contestation between the two institutions, the Religious Courts, as justice-seeking agencies, must accept the application submitted to ensure legal certainty for its citizens, namely widows and widowers under age. Thus, this article recommends two actions: namely, the need for communication between the two executive and judicial institutions to discuss the issue of marriage dispensation for underage widows and widowers so as not to contradict each other and legal certainty for underage widows and widowers who want to marry is essential.
Perspektif Etis tentang Transplantasi Organ Tubuh: Telaah Kritis atas Pandangan Syekh Yusri Rusydi Sayyid Jabr al-Hasani Siti Khamidatus Sholikhah; Zezen Zainul Ali
Indonesian Journal of Humanities and Social Sciences Vol. 4 No. 2 (2023): Indonesian Journal of Humanities and Social Sciences, July, 2023
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/ijhass.v4i2.4280

Abstract

Organ transplantation is a medical procedure involving the transfer of organs, cells, or tissues from a donor to a recipient to address organ failure, damage, or dysfunction. This study delves into the legal and ethical aspects of organ transplantation, focusing on the perspective of Sheikh Yusri Rusydi Sayyid Jabr al-Hasani. Employing a qualitative literature review approach, primary sources such as books, journals, websites, and relevant materials were analyzed. The research reveals that Sheikh Yusri Rusydi Sayyid Jabr al-Hasani considers organ transplantation to be prohibited (haram) because it involves the removal and transplantation of organs entrusted to individuals by Allah SWT as a testament to human uniqueness. This act is seen as a departure from the natural order (fitrah) set by Allah SWT, potentially causing immune complications akin to the condition of AIDS patients. It is important to note that organ transplantation is not merely a means to extend life or evade mortality but rather a transformation of one's way of life, transitioning from a blood-dependent existence to a non-blood-dependent one. This study acknowledges limitations in terms of analysis and the applicability of its findings, primarily stemming from its reliance on a singular scholarly perspective. Therefore, it underscores the need for more comprehensive research, particularly in the context of organ donation and wills, to further enrich our understanding of this complex issue.
Evaluating Digital Zakat Platforms: Usability, Technical Performance, and Maṣlaḥah in Indonesia and Malaysia Toto Andri Puspito; Zezen Zainul Ali; Ali Akram Kadhim; Essa Lafi Hassan Al Smadi; Hamdan Ghunemat
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i1.261

Abstract

Digital transformation has reshaped public services, including website-based zakat services, which have contributed to increased public participation in zakat payments. This study aims to evaluate the usability and technical performance of two zakat portals: basnaz.go.id (Indonesia) and zakat.com.my (Malaysia). This study offers a cross-national comparative approach by integrating the perspectives of usability, the right to religious information (ḥaqq al-maʿlūmāt), and maṣlaḥah (public benefit). This study uses a mixed-methods approach combining quantitative and qualitative methods, including testing website technical performance with GTMetrix and evaluating system usability with the System Usability Scale (SUS) among 10 respondents. The findings show that both portals achieved a 100% task success rate, indicating strong learnability in completing basic zakat-related tasks. However, the SUS results reveal different levels of perceived usability: baznas.go.id obtained an average SUS score of 68.25, indicating acceptable usability, while zakat.com.my obtained a score of 61.75, indicating marginal usability. In terms of efficiency, zakat.com.my showed a slightly higher Time-Based Efficiency score, whereas baznas.go.id demonstrated stronger technical performance, as indicated by GTMetrix metrics, particularly the performance score, structure score, Largest Contentful Paint, and Total Blocking Time. These findings show that digital zakat service quality cannot be assessed only through task success but must also consider user satisfaction, technical responsiveness, accessibility, and public benefit. From the perspective of maqāṣid al-sharīʿah, the digitization of zakat contributes to the realization of public benefit by facilitating zakat payments, increasing transparency and accountability in zakat fund management, and expanding access to services. This study contributes to Islamic digital governance scholarship by integrating usability testing, website performance evaluation, and maqāṣid al-sharīʿah analysis to assess digital zakat services as instruments of transparency, ḥaqq al-maʿlūmāt, and maṣlaḥah-oriented public services.