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All Journal FITRAH:Jurnal Kajian Ilmu-ilmu Keislaman Mumtaz: Jurnal Studi Al-Quran dan Keislaman Mizan: Journal of Islamic Law
Karmawan Karmawan
Universitas Islam Negeri Syarif Hidayatullah Jakarta
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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PROFESIONALISME HAKIM DALAM PENYELESAIAN PERKARA PERDATA ISLAM DI PENGADILAN AGAMA PROVINSI BANTEN Karmawan Karmawan
Mumtaz: Jurnal Studi Al-Quran dan Keislaman Vol 3, No 2 (2019): Mumtaz: Jurnal Studi Al-Quran dan Keislaman
Publisher : Institut PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (319.82 KB) | DOI: 10.36671/mumtaz.v3i2.43

Abstract

This study aims to analyze the professionalism of judges in religious courts in Banten province. Then this study also examines judges' decisions in accordance with the 1945 constitution based on Pancasila to realize a prosperous, safe, peaceful and orderly life order in the life of the people. In order to realize such a way of life and guarantee equality of citizens' position in the law, efforts are needed to uphold justice, truth, and legal certainty that are able to protect the community. In the context of upholding the law and justice of Islamic civil cases in the Banten provincial court, professionalism of judges is needed as a condition for judges to implement decisions in accordance with the values of truth and responsibility as fair judges. Professional judges can provide guidance for many people depending on the professionalism of the judge. For this reason, Islamic Shari'ah has placed the position of judge as a very noble position, to which he is given the freedom to do jihad in enforcing law and justice.
Judicial Discretion and Joint Property Interpretation at Banten PTA: Analyzing Justice, Contribution, and Legal Adaptation Karmawan karmawan; Oneng Nurul Bariyah; Yahaya Niwae; Hendra Pertaminawati
FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman Vol 11, No 2 (2025): 10 Articles, Pages 157-370
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/fitrah.v11i2.17265

Abstract

This study aims to analyze the role of judicial discretion in interpreting the division of joint property (gono-gini) in the Banten High Religious Court (PTA), with a focus on factors of fairness and contribution. Formal norms such as Article 97 of the Compilation of Islamic Law (KHI), which stipulates a 50:50 division, are often inadequate when faced with unequal economic and non-economic contributions, bad faith, and the socio-economic vulnerability of the weaker party. This study uses a content analysis method on appeal decisions from 2021-2025, supplemented by a review of Islamic law literature and Maqasid al-shari'ah. The results of the study indicate that judges use discretion to adjust the distribution proportion based on actual contributions, the child's best interests, and the principle of benefit. The maqāṣid al-sharī‘ah framework serves as a normative basis that binds deviations to remain proportional and oriented towards substantive justice. The findings also emphasize the need for interpretive guidelines, gender-friendly evidentiary standards, and strengthening mediation and prenuptial education to reduce disparities in decisions. This study concludes that judicial discretion is not merely a technical freedom, but a teleological instrument for realizing adaptive and inclusive justice in the Indonesian religious court system.
Legal Politics of Codification of Islamic Marriage Law: A Study of Legal Philosophy and Taqnin Practice in Muslim Countries Karmawan Karmawan; Abbas Sofwan Matlail Fajar; Nur Rohim Yunus
JURNAL ILMU SYARIAH Vol 9 No 1 (2025): JUNI
Publisher : Universitas Ibn Khaldun

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Abstract

Enshrining Islamic law in writing, particularly in the context of marriage, is a crucial step in transforming fiqh law into positive law in Muslim countries. This codification process reveals not only formal legal efforts but also the evolving nature of legal politics, the direction of state philosophy, and how the state responds to social demands. Islamic marriage law can be codified in various ways, including textual-normative, contextual, and progressive approaches. These differences are due to the ideological, legal, and social conditions of each country. The goal of this study is to examine the connection between legal politics and the codification of Islamic marriage law, investigate the philosophical basis for the practice of taqnin, and compare the methods of codification employed in Muslim countries such as Indonesia, Morocco, Tunisia, and Egypt. This study uses a qualitative, normative, and comparative legal approach, as well as a conceptual, historical, and comparative legal approach. The primary sources of data are official legal documents, including the Compilation of Islamic Law (KHI), Mudawwanah al-Usrah, the Code du Statut Personnel, and the Egyptian Family Law. Secondary sources include books, academic journals, and studies of Islamic legal philosophy. The study's results indicate that legal politics plays a significant role in determining how to codify Islamic marriage law. The state's legal philosophy—whether it is conservative-textual, moderate-contextual, or progressive-normative—has a substantial impact on how it handles taqnin. The principles of maqashid al-shari'ah, such as justice, protection of life, property, and honour, as well as the ability to address the challenges of social pluralism, gender equality, and the legal needs of modern society, are what make codification successful. The results suggest that the future of Islamic law should incorporate a blend of legal philosophy, inter-school dialogue, and interdisciplinary studies. Keywords: Legal Politics; Legal Codification; Islamic Marriage; Muslim State
Co-Authors Hendra Pertaminawati Nur Rohim Yunus Oneng Nurul Bariyah Sofwan, Abbas Yahaya Niwae