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The Enforcement of Marriage Law (No 16 of 2019) Through The Ambassadors of Child Marriage Prevention in Tembarak District, Temanggung Regency Hidayatun Ulfa; Sholeh Kurniandini; Azim Miftachul Ihsan; Husna Nashihin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.2972

Abstract

The enforcement efforts of Law Number 16 of 2019 on marriage performed in Temanggung are designed to minimize the divorce rate in Temanggung through the empowerment of Sakinah family ambassadors through pre-marriage education to actualize family resilience. The practical benefit of this study is that it can give insight to the ambassadors about the age limit of marriage and the consequences of early marriage. The ambassadors are meant to use the insight to take action against early marriage so that the number of cases of early marriage in the Tembarak district continuously decreases or even reaches zero. This study employs a descriptive qualitative research approach to explain the enforcement efforts of Law Number 16 of 2019 on marriage in Temanggung. The implementation of Marriage Law Number 16 of 2019 is carried out through a number of Focus Group Discussions (FGD): youth guidance, and ambassadors coaching to prevent early marriage; mentoring; monitoring and evaluation; and outcome exposure. This research intends to lower the number of early marriages among Tembarak District school-age students (Junior and High school students: SMP/MTs and SMS/MA/SMK). The implementation of Law Number 16 of 2019 on marriage is carried out through intense socialization in school assemblies in Temanggung
THE NAHDLATUL ULAMA PARADIGM IN LEGAL FATWA ON NON-MUSLIM CITIZENSHIP Muhammad - Syakur; Husna Nashihin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5423

Abstract

The 2019 NU (Nahdlatul Ulama) National Conference/Consultation in Banjar, West Java, decided not to categorize non-Muslims in the public context as mu'āhad, musta'man, żimmy, or harbi. The status of non-Muslims in a nation-state is as citizens (muwathin) who have equal rights and obligations as other citizens. This decision has opened up new discourse on the legal decision-making methodology in NU, which needs to be studied. The research method uses two approaches: first, usul fiqh with the theory of fatwa change (at-taghayyur fī al-fatwa); second, a scientific approach with the theory of methodology of scientific research programs by Imre Lakatos. The NU paradigm of protecting the primary sources of Islam through the mechanism of fatwa change is a key finding of the researcher. The primary sources of Islam being protected are the universal values contained in the sacred texts (the Qur'an), which are manifested in the usūl al-khamsah (five fundamental principles): hifzh ad-dīn (preserving religion), hifzh al-nafs wa al-‘irdh (preserving life and honor), hifzh al-‘aql (preserving intellect), hifzh al-nasl (preserving lineage), and hifzh al-māl (preserving property).