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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam DE JURE Al-Ahwal: Jurnal Hukum Keluarga Islam El-Mashlahah JURISDICTIE Jurnal Hukum dan Syariah Jurnal Ilmiah Hukum LEGALITY SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jambura Law Review Sakina: Journal of Family Studies Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Legal Protection for the Partnership Agreement Parties Al-Istinbath: Jurnal Hukum Islam JILS (Journal of Indonesian Legal Studies)
Ramadhita Ramadhita, Ramadhita
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Ilmiah Hukum LEGALITY

 1 
Examining the complexity of child marriage as sexual violence in digital era Sudirman, Sudirman; Ramadhita, Ramadhita; Bachri, Syabbul; Duran, Büşra Nur
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 2 (2023): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i2.28881

Abstract

Child marriage in the digital era is an interesting fact because this type of marriage is classified as sexual violence. However, child marriage is very common in Indonesia because of many factors. Child marriage in the digital era is known to have triggered many problems, such as reproductive health problems, domestic violence, and divorce. However, considering child marriage as a criminal offense of sexual violence (TPKS) as stated in Law Number 12 of 2022, is unwise. Departing from this issue, this research identifies three reasons why child marriage cannot be categorized as sexual violence in the digital era. The results of this paper show that child marriage in Indonesia is inevitable due to three main arguments: Islamic teachings permit child marriage, the high number of marriage dispensations, and the TPKS Law focuses more on protecting women, not the spouses of child marriage perpetrators. Another cause of child marriage is poor education in the digital era, coupled with poor understanding of the importance of self-protection from promiscuity in the digital era among community members. Education on gender equality and reproduction also has not been properly applied. Finally, marriage guidance for teenagers and prospective brides in the digital era has not been implemented yet.
The implementation of Maqashid Sharia: heterogeneity of scholars' fatwas towards Islamic banking contracts Arfan, Abbas; Arfan, Iklil Athroz; Alkoli, Abdulrahman; Ramadhita, Ramadhita
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 1 (2024): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i1.32170

Abstract

This study aims to analyze the differences in fatwas among scholars in the Middle East and South East Asia (Indonesia and Malaysia) towards various Islamic Banking Contracts products and assess the implementation of maqâshid al-sharia within the variety of fatwas mentioned. This study employed a qualitative approach and fatwas from the Middle East and South East Asia as the primary data, while the secondary data were obtained from books on Muaamalah Fiqh and Islamic Banking. The data were garnered based on a literature review with a content analysis technique. The descriptive-inductive method with a reflective way of thinking is used for data exposure, leading to the following findings: 1) There are differences in fatwas towards three Islamic Banking contracts: a) The determination of the deposit contract in the Middle East is stipulated in a qardh contract in a non-investment account; meanwhile, in South East Asia it is stipulated in a wadiah contract; b) in terms of Murâbahah contract, some of the Middle East scholars forbid it, while, some of South East Asian scholars and few scholars from Middle East allow it, and; c) in terms of the al-Ijarah al-muntahiyyah bi al-tamlik, most of Middle East Scholars forbid it, but South East Asian scholars allow it; 2) The implementation of maqâshid sharia within differences of fatwas among scholars has been appropriately implemented in accordance with Islamic law specified under contracts in Islamic banking products in Muslim countries.
Co-Authors Abbas Arfan Alkoli, Abdulrahman Arfan, Iklil Athroz Bachri, Syabbul Badruzzaman Badruzzaman Duran, Büşra Nur Duran, Büşra Nur Dwi Fidhayanti Dwi Hidayatul Firdaus, Dwi Hidayatul Dwi Septyanto, Mochamad Fikry Erfaniah Zuhriah Esha, Muhammad In'am Farahi, Ahmad Heni Pujiastuti Khoirul Anwar Khoirul Hidayah Kurniasih Bahagiati Mohd Noh, Mohd Shahid Moosa, Najma Mustafa Lutfi Noh, Mohd Shahid bin Mohd Nur, Asrul Ibrahim Samuri, Mohd Al Adib Sudirman Sudirman Sugeng, Santoso Supriyadi, Aditya Prastian Teguh Setyobudi Tutik Hamidah Wahda, Maziya Rahma Zaenul Mahmudi