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Concept And Theory Of Legal Subjects In Islamic Law Ending Solehudin; Watni Marpaung
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 1 (2024): Vo.1 No.1 May 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i2.98

Abstract

This study explores the concept and theory of legal subjects (mukallaf) in Islamic law, focusing on individuals deemed responsible for carrying out legal obligations (taklif). A mukallaf is defined as a person who is mature, rational, and free from hindrances such as coercion or ignorance, ensuring they understand and accept the responsibilities and rights imposed upon them by Islamic law. The dynamic nature of the mukallaf, shaped by time and place, highlights the importance of aligning legal rulings with the conditions of legal subjects. The research employs a juridical-normative approach, analyzing primary sources of Islamic law, such as the Qur’an, Hadith, and classical legal texts. This method focuses on examining the normative aspects of legal subjects and their evolving role within the framework of Islamic jurisprudence. Secondary data from scholarly works on Islamic law are also utilized to deepen the analysis of the mukallaf's criteria and responsibilities. The findings reveal that the legal obligations imposed on mukallaf must take into account their rational capacity, which influences their ability to fulfill taklif. Changes in societal context necessitate the continuous adaptation of legal rulings to ensure fairness and relevance. The study underscores that reason (aql) plays a central role in determining legal accountability, with the presence or absence of reason dictating the nature of the obligations imposed. In conclusion, the concept of mukallaf reflects a balanced relationship between law and its subjects, where the application of Islamic law must remain responsive to the evolving conditions of individuals while adhering to the principles of Sharia.
Case Study of Alternative Dispute Resolution (Marriage Annulment Dispute Resolution) Zulkifli Ritonga; Watni Marpaung
Jurnal Cendikia ISNU SU Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i1.18

Abstract

This case study discusses alternative dispute resolution of annulment through a non-litigation approach, specifically through mediation. The background of this research is based on the increasing number of marriage annulment cases in Indonesia which often cause prolonged conflicts between the parties. The research method used is a normative juridical approach with case studies, which analyzes laws and regulations, legal doctrines, and out-of-court dispute resolution practices. Data was obtained through document studies and interviews with legal practitioners and parties involved in marriage annulment cases. The results of the study show that mediation as an alternative to dispute resolution in marriage annulment offers several advantages, including cost and time savings, as well as the maintenance of a better relationship between the parties. Mediation allows for a win-win solution, which is often not possible through litigation. The conclusion of this study is that mediation can be an effective method in resolving marriage annulment disputes, as it allows for a faster, cheaper, and peaceful resolution, as well as providing space for the parties to reach an agreement voluntarily. Therefore, the promotion and strengthening of mediation as an alternative to resolving marriage annulment disputes needs to be improved in the Indonesian legal system.
WOMEN, EDUCATION, AND EMPLOYMENT: CHALLENGES AND OPPORTUNITIES IN ISLAMIC HIGHER EDUCATION Sahliah Sahliah; Watni Marpaung
Journal of Gender and Social Inclusion in Muslim Societies Vol 3, No 2 (2022)
Publisher : Pusat Studi Gender dan Anak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jgsims.v3i2.23004

Abstract

The findings indicate that many alumni are employed in fields not directly related to their academic specialization. Contributing factors to this trend include limited job market opportunities that align with the program's focus and inadequate integration of practical training throughout their studies. Stakeholders recognize strengths among alumni, such as adaptability and commitment, but they also emphasize the necessity for curriculum enhancements aimed at improving job readiness. This research investigates the alumni tracking of the Muamalah Study Program within the Faculty of Sharia and Law at Universitas Islam Negeri Sumatera Utara. The primary objective is to analyze employment patterns among alumni and their correspondence with the academic outcomes of the program. Data were collected through in-depth interviews, observations, and content analysis of stakeholders' perceptions and alumni experiences. The results reveal a significant number of alumni securing employment outside their academic fields. Factors contributing to this situation include a scarcity of job market opportunities that align with the program's focus and insufficient practical training during their academic tenure. Stakeholders highlighted alumni strengths, including adaptability and commitment, while stressing the need for curriculum improvements to enhance job readiness. This study underscores the importance of strengthening the alumni network and establishing institutional partnerships to bridge the gap between academic training and employment opportunities. Based on our findings, we offer recommendations aimed at improving alumni outcomes and better aligning them with the objectives of the Muamalah Study Program
Reconstruction of the Restorative Justice Paradigm  in the Indonesian Criminal Justice System: A Standardized Formulation Based on Sharia Maqashid Abdul Rahman; Watni Marpaung; Arifuddin Muda Harahap
Lentera: Indonesian Journal of Multidisciplinary Islamic Studies Vol 8 No 2 (2026): Lentera: Indonesian Journal of Multidisciplinary Islamic Studies
Publisher : Program Pascasarjana IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/lentera.v8i2.15350

Abstract

The implementation of restorative justice within the Indonesian criminal justice system has developed significantly as a shift from a retributive approach toward a justice paradigm oriented toward recovery. However, its implementation still faces fundamental problems, including fragmented regulations, inconsistent standards among law enforcement institutions, and the absence of a comprehensive national framework that ensures legal certainty and uniform application. This study aims to analyze the problems of restorative justice implementation and formulate a reconstruction of restorative justice standardization within the Indonesian criminal justice system based on maqashid syariah. This research employs normative legal research using statutory, conceptual, and philosophical approaches. The findings demonstrate that restorative justice standardization is essential to integrate the principles of legal certainty, victim protection, offender accountability, and social restoration. The maqashid syariah perspective provides a philosophical foundation that restorative justice should be directed toward achieving public benefit (maslahah), preventing harm (mafsadah), and protecting fundamental human values. The contribution of this research lies in proposing a national restorative justice standardization model that integrates modern criminal justice objectives with substantive justice principles based on maqashid syariah as a direction for criminal justice reform in Indonesia. Theoretically, this model expands the conceptual foundation of restorative justice by integrating maqashid syariah with contemporary principles of criminal justice, particularly in balancing legal certainty, victim-oriented justice, accountability, and social restoration. Practically, the proposed standardization can serve as a reference for law enforcement institutions in developing consistent procedures and criteria for restorative justice implementation while strengthening victim protection and offender accountability. From a policy perspective, the findings support the development of an integrated national framework for restorative justice that harmonizes regulations and institutional practices across the Indonesian criminal justice system, thereby promoting greater consistency, legal certainty, and substantive justice.