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All Journal Marwah: Jurnal Perempuan, Agama dan Jender Dialog Al-Manhaj: Journal of Indonesian Islamic Family Law Akademika Indonesian Journal of Humanities and Social Sciences Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum IBDA': Jurnal Kajian Islam dan Budaya Jurnal Penelitian Agama JURIS (Jurnal Ilmiah Syariah) Akademika : Jurnal Pemikiran Islam Moderatio : Jurnal Moderasi Beragama Indonesian Journal of Humanities and Social Sciences
Zezen Zainul Ali
Sunan Kalijaga State Islamic University, Yogyakarta
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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.
Co-Authors Annisa Wulandari Arzam Cindera Permata Dian Furqoni Tenrilawa Elis Mila Rosa Mega Puspita Mega Puspita Mega Puspita Muhammad Fauzinudin Faiz Muhammad Iqbal Abdussalam Muhammad Iqbal Abdussalam Muhammad Taufiq Mursal Rizal Samsul Mutaqin Siti Khamidatus Sholikhah Zufriani