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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam JHCLS Proceeding International Seminar of Islamic Studies Journal of Islamic and Law Studies (JILS) Mazahib: Jurnal Pemikiran Hukum Islam
M. Fahmi Al Amruzi, M. Fahmi
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Religion Arts Humanities Astronomy Economics, Econometrics & Finance Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Mathematics Physics Social Sciences Other

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Legal Formulation for Forced Marriage Prevention through the Decision of Wali Mujbir in Religious Courts and its Relevance with Maqȧṣid Syari‘ah and Human Rights Halim, Ahmad Rasyidi; Al Amruzi, M. Fahmi; Jalaluddin, Jalaluddin
Mazahib Vol 23 No 1 (2024): VOLUME 23, ISSUE 1, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i1.6189

Abstract

Based on the Annual Report of the Indonesian Religious Court and Religious Court Decisions throughout Indonesia year 2020-2021, there were 5,080 divorces caused by forced marriages and 3446 divorces caused by arranged marriages without the basis of love. The number of cases shows that the practice of forced marriages and arranged marriages without love is still rife, which is the cause of divorce in society. Based on this background, this research probes efforts to prevent forced marriages through religious courts by proposing the wali mujbir prevention norm in the marriage law. Through this norm, children or parties under guardianship can file a case to the Religious Court to prevent forced marriages they are experiencing. This study shows that creating the wali mujbir prevention norm in the marriage law aims to accommodate the role of children actively, directly, and independently to prevent forced marriages against themselves by marriage guardians. If the marriage guardian is proven to have taken forced actions to marry off a child or person under his guardianship, then the marriage guardian is declared a wali mujbir, as stated in the ruling of the religious court. This proposal is one of the efforts to reduce the high number of divorces in society.
Proliferation of Halal Regulation and Enforcement in Indonesia and Malaysia Jalaluddin, Jalaluddin; Azhar, Alias; Muzainah, Gusti; Aseri, Muhsin; Al Amruzi, M. Fahmi
Journal of Human Rights, Culture and Legal System Vol. 4 No. 1 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i1.126

Abstract

As part of safeguarding human rights, Indonesia has issued regulations on halal products that encourage entrepreneurs to certify their products. To facilitate this effort, the country has implemented several policies. Adopting a human rights perspective, this article aims to elucidate the government's policies on halal products at the regulatory and implementation levels. To attain a more comprehensive understanding, this research employs a legal comparative approach, using Malaysia as a benchmark. The findings of this study indicate that normatively, Indonesia has generated a range of legal instruments serving as the foundation for halal products. These legal instruments are systematically implemented, from the central government down to the grassroots level. However, this implementation encounters challenges such as normative ambiguity and the expansive interpretation of products that require halal certification. This is in contrast to Malaysia, which regulates halal products in a more dynamic and flexible manner.
JUSTICE AND LEGAL SETTING ASIDE OF MARITAL PROPERTY: FULFILLMENT OF SUBSTANTIVE JUSTICE IN THE SETTLEMENT OF MARITAL PROPERTY DISPUTES THROUGH A PEACE AGREEMENT (AS-SULHU) Yusman, Muhammad; Al Amruzi, M. Fahmi; Wahidah, Wahidah
Proceeding International Seminar of Islamic Studies INSIS 6 (February 2024)
Publisher : Proceeding International Seminar of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This paper discusses efforts to fulfill substantive justice by setting aside the applicable marital property law. The focus of the research lies on the practice of resolving disputes over the division of marital property by related parties (spouses or ex-spouses, and judges) who set aside the applicable marital property law through a peace agreement (As-Sulhu). This research has important significance because it raises issues that are quite sensitive in society, especially couples or ex-husbands and wives who experience disputes related to marital property. Optimizing dispute resolution through As-Sulhu is a step by judges in realizing substantive justice when deciding marital property disputes. The socio-legal legal research method is applied by deeply analyzing legal materials and explaining the legal context. Empirical data needed for a holistic picture is obtained through observation, interviews, and other methods according to research needs. Qualitative analysis with theoretical and juridical interpretation techniques was used. The results showed that the applicable regulations related to the division of marital property have not met the criteria of substantive justice. Therefore, the practice involves related parties (spouses or ex-spouses and judges) resolving marital property disputes by overriding existing legal provisions, seeking alternatives through As-Sulhu, and strengthening them with court decisions.
Legal Harmonization in the Distribution of Inheritance in the Dayak Ngaju Community in Central Kalimantan, Indonesia Syaikhu, Syaikhu; Al Amruzi, M. Fahmi; Mujiburahman, Mujiburahman; Norwili, Norwili
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i1.12410

Abstract

The study aims to seek customary law in the Dayak Ngaju community to become a solution to settlement of inheritance law. Customary law in the Indonesian legal system is one of the doors to the eclecticism of inheritance law which can be developed as part of the construction of national inheritance law, so that there is a process of harmonization and integration of the inheritance law. This research is emperical juridical research using statutory and legal pluralism approaches. The legal pluralism approach aims to examine the harmonization and integration of various legal systems applied in society. The data analyzed came from scientific documents and in-depth interviews with traditional leaders. The results of the research show that there is competition for norms, encounters or conflicts between various legal systems. Some of the reasons that can be put forward are. First, customary law as a sub-system of the customs of the Dayak Ngaju community is an unwritten law that has long existed and has become part of the legal awareness of the Dayak community itself, both in personal, family, group and community life in every activity. Second, the Dayak Ngaju customary inheritance legal system is not a system that stands alone. If the inheritance law system changes, the change will disrupt social cohesion that has been built for a long time. Efforts towards the unification and condification of inheritance laws that apply nationally should be started, in addition to avoiding family conflicts, providing legal certainty, as well as reforming things that are considered unfair in the inheritance law system. It is also a part of legal pluralism which recognizes and provides space for the development of various laws that live in society.
Islamic Law in the Marriage Tradition Banjar Community Al Amruzi, M. Fahmi
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17804

Abstract

This paper was written to study the marriage traditions that exist in Banjar society, then to photograph and study them with Islamic law, especially in the field of marriage law. The results of the study show the existence of marriage traditions in the Banjar community which begin with finding and determining prospective brides and grooms with basasuluh and continued with badatang. Then continued with the tradition of bapayuan and bapatut Jujuran in determining the marriage and then bapatut Jujuran is carried out in determining what and how much the marriage dowry is. After that it is continued with maantar Jujuran and the marriage contract which was previously started with the tradition of manurunakan and maarak the groom to the place of the marriage contract and wedding reception and continued with the tradition of the bridegroom Batatai. These traditions are very much in accordance with the concept of Islamic law; the tradition of basasuluh is in accordance with the concept of ta'aruf, badatang with the concept of khitbah, the tradition of bapayuan and bapatut Jujuran is very much in line with the concept of easy and cheap dowry so as not to hinder marriage. The tradition of maantar Jujuran and the marriage contract is to ensure the existence of a dowry and the amount of dowry given and stated in the marriage contract, while the tradition of manurunakan and maarak the groom and the tradition of the bride and groom are in order to ensure the validity of the marriage that can be witnessed and assessed by the wider community that the bride and groom are not included among those who are hindered and prohibited from marriage.
Legal Implications of Interfaith Marriage on Inheritance Rights and Child Status in the Perspective of Islamic Law and Civil Law Shalihah , Shalihah; Karima , Nadia Rif’atul; Al Amruzi, M. Fahmi
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17816

Abstract

Interfaith marriage remains a controversial issue within Indonesia's pluralistic legal system, which recognizes both religious and civil legal frameworks. This paper examines the legal implications of interfaith marriage concerning inheritance rights and the legal status of children from the perspectives of Islamic law and civil law. Employing a normative legal research method and a literature-based approach, the study analyzes statutory regulations, judicial decisions, and legal doctrines relevant to the rights of interfaith families. The findings reveal that in Islamic law, religious differences serve as a barrier to inheritance and affect the legitimacy of the child’s legal status. In contrast, civil law provides broader protection, recognizing inheritance rights and child status without religious discrimination. Although legal reconciliation efforts—such as the doctrine of wasiat wajibah (compulsory bequest) and recognition of biological paternity—offer partial solutions, the lack of regulatory harmony continues to produce uncertainty and legal challenges. Therefore, harmonizing existing regulations is essential to ensure justice and legal certainty for interfaith families in Indonesia.
Dynamics of Mixed Marriages: Analysis of Legal Choices, Divorce Recognition, and Implications For Children's Status in Indonesia Maulida, Noor Sipa; Al Amruzi, M. Fahmi; Hafidzi, Anwar
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17819

Abstract

Cross-border marriages are increasingly common in the era of globalization, yet they introduce legal complexities, particularly concerning choice of law, recognition of divorce, and the status of children. Key issues that frequently arise include differences in legal systems between countries, inconsistencies in determining applicable law, challenges in recognizing foreign divorce decrees in Indonesia, and legal complications related to citizenship and child custody. This research aims to analyze the principles of choice of law, the mechanisms for divorce recognition, and their implications for the legal status of children post-divorce in cross-border marriages. This study employs a normative legal method with a statutory and conceptual approach. Primary data is sourced from Law Number 1 of 1974 concerning Marriage, Law Number 12 of 2006 concerning Citizenship, Law Number 7 of 1989 concerning Religious Courts, and Algemene Bepalingen (AB). Secondary data includes references from International Private Law, journals, and articles. Data was collected through literature review and analyzed descriptively-analytically. The research findings indicate that Indonesia adopts the principles of lex loci celebrationis, lex domicilii, and lex patriae in the choice of law for cross-border marriages, with an emphasis on Article 56 of the Marriage Law and the obligation of registration. The recognition of foreign divorces is not automatically valid in Indonesia; therefore, divorces generally must be settled through Indonesian courts based on Article 73 paragraph (3) of the Religious Courts Law and Article 18 AB. The legal status of children is highly complex due to legal vacuums in the Marriage Law regarding mixed marriages, as well as the application of the ius sanguinis principle which potentially causes children to lose Indonesian citizenship or face legalization difficulties, in addition to custody and administrative issues. Therefore, more adaptive and comprehensive legislation is urgently needed to protect the best interests of children in cross-border marriages.
Comparison of Principles of Gender Equality in Burgerlijk Wetboek and Marriage Law Regarding the Rights and Obligations of Husband Wife Yoandini, Elitta; Sarah, Siti; Al Amruzi, M. Fahmi
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17822

Abstract

This study examines and compares the principle of gender equality in the regulation of spousal rights and obligations as stipulated in the Burgerlijk Wetboek (Indonesian Civil Code) and Law Number 1 of 1974 on Marriage. The research applies a normative legal method with qualitative analysis. The findings indicate that the Civil Code reflects a patriarchal legal construction that places the husband as the dominant head of the family, while the wife occupies a subordinate position. In contrast, the Marriage Law embodies the spirit of family law reform in Indonesia by recognizing equal rights and status between husband and wife, although it still contains elements of traditional gender role bias. The amendment through Law Number 16 of 2019, which equalizes the minimum age for marriage, serves as an indicator of progress toward achieving gender justice. However, the implementation of these equality norms continues to face challenges from entrenched patriarchal cultural values in society. This study concludes that more substantive legal reform and social transformation are essential to realize a just and equal marital relationship.
Same-Sex Marriage: A Comparative Study of Indonesian, Netherlands, And American Legal Regulations and Their Socio-Legal Implications Rahman, Muhammad Ridho; Rizani, Muhammad; Al Amruzi, M. Fahmi
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17826

Abstract

This research originates from the increasing global attention and public debate regarding same-sex marriage, which has sparked widespread controversy across various societies. The study seeks to provide a comparative analysis of the legal regulations on same-sex marriage in Indonesia, the Netherlands, and the United States, examining both their legal frameworks and the broader social implications that arise from them. Utilizing normative, comparative, and conceptual methodologies, the research investigates how each country approaches the issue based on its cultural norms, religious values, and constitutional commitments. In Indonesia, same-sex marriage remains unrecognized and is firmly rejected. The prevailing cultural and moral narratives in Indonesia reinforce the perception that marriage must be between a man and a woman, in accordance with religious teachings and traditional family structures. On the other hand, both the Netherlands and the United States have embraced stance by legalizing same-sex marriage. These countries view the issue through the lens of individual rights, equality before the law, and the protection of civil liberties. Their legal systems recognize same-sex unions as a fundamental expression of human dignity and freedom, aligning with broader commitments to human rights. The contrast between these legal approaches underscores how legal systems are profoundly shaped by a country's social context, ideology, and historical development. Therefore, the study highlights the importance of cultural relativism in law, emphasizing that legal interpretations and norms must be understood within the specific cultural and ideological contexts in which they exist.
Recognition of Foreign Divorce Decisions in Indonesia: A Comparative Study of the Principles of Lex Loci Celebrationis and Lex Fori (A Study of How Foreign Divorce Decisions Can Be Recognized in Indonesia and the Legal Obstacles) Wahid, Luvia; Faiz, Muhammad Jamaludin; Al Amruzi, M. Fahmi
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17828

Abstract

As more and more individuals enter into marriages with foreign nationals, various legal issues arise, especially when a divorce occurs abroad. In Indonesia, divorce decisions made by foreign courts do not take effect immediately. There are provisions that require the decision to be recognized first by the courts in Indonesia through a process called execution. This article discusses the steps for a foreign divorce decree to be recognized in Indonesia by comparing two legal principles, namely lex loci celebrationis  (the law of the place where the marriage took place) and lex fori (the law of the country where the court is located). From the analysis conducted, it appears that Indonesia mostly refers to the lex fori principle, which makes Indonesian law the main reference. However, there are several obstacles faced, such as the lack of legal cooperation between countries, differences in regulations, and conditions that may be difficult to fulfill by foreign judgments. This research recommends that Indonesia establish stricter regulations and strengthen international legal cooperation to provide legal certainty for those who experience cross-border divorce.  
Co-Authors Abdul Basit Abdurahman . Alias Azhar, Alias Faiz, Muhammad Jamaludin Firdaus, Muhammad Adhitya Gusti Muzainah Hafidzi, Anwar Halim, Ahmad Rasyidi Jalaluddin Jalaluddin Karima , Nadia Rif’atul Maulida, Noor Sipa Muhammad Yusman Muhsin Aseri, Muhsin Mujiburahman, Mujiburahman Norwili, Norwili Rahman, Muhammad Ridho Rizani, Muhammad Shalihah , Shalihah Siti Sarah, Siti Syaikhu Syaikhu, Syaikhu Wahid, Luvia Wahidah Wahidah Yoandini, Elitta Zuhdi Irfandi, Muhammad Sholeh