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All Journal JURNAL MAGISTER HUKUM UDAYANA Jurnal Legalitas Pandecta Al-'Adalah Analisis: Jurnal Studi Keislaman Arena Hukum Mimbar Keadilan Jurnal Hukum IUS QUIA IUSTUM Jurnal Konstitusi SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Undang: Jurnal Hukum Jurnal Yuridis Veteran Law Review Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial Mulawarman Law Review Jurnal Konstitusi AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Smart Society: Community Service and Empowerment Journal Legal Protection for the Partnership Agreement Parties QANUN: Journal of Islamic Laws and Studies Journal of Constitutional Law Society (JCLS) Swadaya: Jurnal Pengabdian Masyarakat Indonesian Journal of Law and Syariah (IJLS)
M. Yasin Al Arif
Universitas Islam Negeri Raden Intan Lampung
Religion Agriculture, Biological Sciences & Forestry Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Fath al-Dzari'ah Solution for Determining the Status of Children from Secret Marriages Through the Constitutional Court Decision Nurjanah, Siti; Hermanto, Agus; Arif, M. Yasin al
JURNAL LEGALITAS Vol 17, No 1 (2024)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v17i1.24831

Abstract

Marriage in secret (nikah sirri), also known as clandestine marriage or unofficial marriage, will have implications on the status of the marriage, which is not considered valid according to the State. Meanwhile, an invalid marriage will also impact the illegitimacy of the child's status. In reality, the Constitutional Court changed this rule with a statement that the child still has biological lineage to the person who caused their birth, as long as it can be proven with advanced technology and DNA testing. The question is, what is the status of children born from such clandestine marriages, and how does the Religious Court respond to this decision? This research aims to interpret the Constitutional Court's Decision on the validity of a child's status as biological lineage to the person who caused their birth, as long as it can be proven with advanced technology and/or DNA testing. This research is a normative juridical study with a legal approach and case based on the Constitutional Court Decision regarding the status of children from clandestine marriages using the theory of fath al-dzari'ah. The research findings indicate that the Religious Court cannot reject trial requests regarding the status of children resulting from clandestine marriages, as long as it can be proven through advanced technology and/or attached DNA testing, even though the marriage status is considered invalid according to the State, as long as it is proven that the marriage is considered valid according to religion with evidence of a guardian and witnesses in the marriage.
The Contestation of Islamic Boarding School Womens's View of Wifes' Rights in Poligamy Nurnazli, Nurnazli; Ahmad, Hashm Omer; Firdawaty, Linda; al Arif, M. Yasin; Akmansyah, Muhammad
Al-Risalah Vol 24 No 1 (2024): June 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i1.1349

Abstract

This study examines the contention around Islamic boarding school women's view of wives' rights in polygamous marriages. It aims to answer academic questions, specifically how and why there is contention among Islamic boarding school women over the rights of wives in polygamy. Furthermore, it also aims to answer what consequences this contestation has for the practice of polygamy, which is common in Islamic boarding schools. This paper is an empirical research that takes a sociological perspective. The analysis is based on Pierre Bourdieu's Cultural Sociology theory. Data were gathered through an interview study with research subjects from five traditional Islamic boarding schools in Lampung Province. The findings of this study show that the contestation of wives' rights in polygamy is influenced by the level of understanding of religious texts and norms, social and economic realities, and the strength of the patriarchal traditions and systems that surround it. Most women are denied the opportunity to fight for their bodily and spiritual rights, both before and after polygamous marriage occurs. Women in Islamic boarding schools recognize that men's supremacy influences the neglect of women's rights in polygamy because their understanding of religious texts is conservative. Women have no bargaining power when their husbands seek to practice polygamy. Conservatives believe that polygamy is a fate and consequence that women who want to marry a caregiver or an Islamic boarding school leader (Kyai) must accept. A moderate perspective necessitates that polygamy be practiced with proportional rights between husband and wife. The repercussions of this contestation have resulted in a better appreciation of the importance of men's and women's rights being proportionate, as well as mutual protection.
Organizing the Formation of the Presidential Cabinet in Indonesia: A Comparative Analysis with the United States, the Philippines, Argentina, and South Africa M. Yasin al Arif; Elif Yaren Çalkacı
Indonesian Journal of Law and Syariah Vol. 1 No. 2 (2025): Indonesian Journal of Law and Syariah
Publisher : CV. FOUNDAE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58524/ijls.v1i2.45

Abstract

The formation of a cabinet is a central element in the presidential system for creating impactful governance that directly affects the effectiveness and efficiency of public policies. This study focuses on comparing the mechanisms and dynamics of cabinet formation in the United States, the Philippines, Argentina, and South Africa, as well as analysing its potential application in the Indonesian context. The research questions posed are: how are cabinets formed in the United States, the Philippines, Argentina, and South Africa, and how does this comparative analysis relate to the future structuring of the Indonesian cabinet? This study adopts a normative juridical research methodology. The approaches used include the statute approach, comparative approach, and conceptual approach, utilising secondary data comprising primary, secondary, and tertiary legal materials. The research findings conclude that various cabinet formation models in the United States, the Philippines, Argentina, and South Africa show significant variations in appointment mechanisms, accountability, transparency, and meritocracy. Despite differences in legal and political contexts, fundamental principles such as accountability and transparency are essentially the cornerstones of the cabinet formation systems of these nations. Through this study, suggestions for the future improvement of the Indonesian cabinet formation are proposed, such as the adoption of the American "Confirmation Hearing" model or the Philippine "Commission of Appointment", the South African Post-Appointment Oversight Mechanism, Maintaining Political Balance and Meritocracy, Making the Process More Participative, Strengthening Sustainability Policies, Coalition Transparency, and Periodic Audits and Evaluations.
Co-Authors Abdul Qodir Zaelani Agus Hermanto Ahmad, Hashm Omer Anggi Fitriani Anggun Malinda Anis Sofiana Ari Priyanto Ariyansyah Ariyansyah, Ariyansyah Barqi, Suha Yusbairoh Bayu Anshor Mursalin Dani Amran Hakim Ekha Nurfitriana Elif Yaren Çalkacı Erina Pane Fikri, Mhd Zakiul Frenki Gandhi Liyorba Indra Gandi Liyorba Indra Ghufron Hidayat Happy Sreshi Aska Kenda Harry Setya Nugraha Hasanuddin Muhammad Hendianysah, Hendianysah Ida Faridatul Hasanah Indra, Gandi Liyorba Irwantoni Irwantoni Jamaludin Ghofur Liky Faizal Linda Firdawaty Lisa Virliana M.Pd S.T. S.Pd. I Gde Wawan Sudatha . Muhammad Akmansyah Muhammad Aridan Muhammad Rizki Ramadhan Nurnazli Nurnazli Oktarini, Widya Panggih F. Paramadina Panggih Fadhilla Paramadina Paramadina, Panggih F. Paramadina, Panggih Fadhilla Prayoga, Dimas Putra, Alamsyah Nurrahman Reni Latifah Siti Nurjanah Susanto, Is Wibowo, Muhammad Farhan Witri Leviana Yuswanto Yuswanto Zahrani Amrina