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All Journal Mazahib JURIS (Jurnal Ilmiah Syariah) Jurnal Integrasi Ilmu Syariah (Jisrah) Al Ushuliy
Afrian Raus, Afrian
Institut Agama Islam Negeri (IAIN) Batusangkar
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Al Ushuliy

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Traditional Leadership Meets Islamic Constitutionalism: The Status of Tungku Tigo Sajarangan in Nagari Administration Zarista, Hasbi Azhari; pertiwi, dian; Raus, Afrian; Aris, Sarmen
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 4, No 1 (2025)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v4i1.15512

Abstract

The purpose of this research is to find out the position of the Tigo Sarangangan stove in the nagari government system according to constitutional law and the perspective of Islamic constitutional law. The type of research applied in this research is normative legal research with a qualitative approach, which is generally known as library research. Normative legal research is a scientific research process that aims to find the truth based on scientific logic and normative aspects. The data source used is a secondary data source. Sourced from books, articles, rules, websites. The data collection technique used is by browsing materials from books, articles, websites related to research. The data analysis technique used in this research is descriptive technique. Based on the results of research conducted by the author, it can be concluded that the Tigo Sarangan stove consists of Niniak Mamak, Alim Ulama and Cadiak Pandai. In the nagari government system, the Tigo Sarangan stove has a position as a member of the nagari customary density institution (KAN), whose elements are from the niniak mamak, the nagari ulama council institution whose elements are from the ulama and the nagari government and the nagari deliberative body whose elements are from the cadiak clever. These three institutions work together and coordinate with each other in building a nagari. In Islamic constitutional law, the Tigo Sarangan furnace can be thought of as an ahlul halli wal aqdi institution, which means a deliberative institution. In carrying out their duties, these institutions both prioritize the principles of deliberation and the general principles of Allah SWT's law in carrying out their powers and duties and conveying the aspirations of the community in government.
Reconceptualizing Mandatory Bequests for Children of Unregistered Marriages: Islamic Family Law Responses to Supreme Court Circular Letter No. 3 of 2023 Riskanda, Yilda; Zulkifli; Putri, Dewi; Raus, Afrian; Effendi, Amri
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 4 No. 2 (2025): Vol 4 No 2
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v4i2.16369

Abstract

This study examines the application of the mandatory will (wasiat wajibah) as regulated in Supreme Court Circular Letter (SEMA) No. 3 of 2023, particularly in relation to children born from valid but legally unregistered marriages. The research aims to analyze the legal construction and implications of SEMA No. 3 of 2023 concerning inheritance rights through mandatory wills within the framework of Islamic inheritance law in Indonesia. This research adopts a library-based methodology using a normative juridical approach, focusing on statutory analysis of SEMA No. 3 of 2023 as the primary legal source. Secondary data are derived from books, scholarly articles, and relevant scientific works. Data analysis is conducted through deductive reasoning, while data validity is ensured through source triangulation.The findings indicate that wasiat wajibah under SEMA No. 3 of 2023 serves as an alternative legal instrument to provide inheritance shares to children who are not formally recognized as heirs under classical Islamic inheritance law. This provision extends the earlier application of mandatory wills, previously limited to adopted children under Article 209 of the Compilation of Islamic Law. Although the inheritance portion through wasiat wajibah is limited to one-third of the estate, this policy reflects the principle of maṣlaḥah and the best interests of the child by ensuring minimum economic protection and legal certainty for children born from unregistered marriages.
Co-Authors Arfa, Laila Dewi Putri Dian Pertiwi Effendi, Amri Mauliddin, Mauliddin Riskanda, Yilda Rizal, Deri Sarmen Aris Yustiloviani, Yustiloviani Zainuddin, Zainuddin Zarista, Hasbi Azhari Zulkifli