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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Al-'Adalah Al-Ihkam: Jurnal Hukum dan Pranata Sosial Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Aqlam: Journal of Islam and Plurality El-Usrah: Jurnal Hukum Keluarga JUSTISI Al-Syakhsiyyah : Journal of Law and Family Studies Jurnal Darma Agung Kunuz: Journal of Islamic Banking and Finance SPECTRUM: Journal of Gender and Children Studies Makara Journal of Technology Indonesian Journal of Shariah and Justice Al-Istinbath: Jurnal Hukum Islam Antmind Review: Journal of Sharia and Legal Ethics
Nasruddin Yusuf, Nasruddin
Department of Mechanical Engineering, Universitas Indonesia, Depok 16424, Indonesia
Religion Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mechanical Engineering Social Sciences

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Feminism Analysis of Judges' Considerations for Post-Divorce Domestic Violence Victims in Medan and Banda Aceh Religious Courts Yusuf, Nasruddin; Azizah, Nur; Hasan, Faradila
al-'adalah Vol 20 No 2 (2023): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i2.16177

Abstract

Domestic violence (KDRT) often arises in a marriage, which then encourages the wife to sue her husband for divorce through the courts. In this case, the Compilation of Islamic Law (KHI) does not regulate the rights of a wife who sues her husband for divorce to obtain 'iddah, or mut'ah support. But the rules regarding this are in Book II of the Guidelines for Religious Courts and SEMA. This research is field research with a qualitative-comparative approach through a feminist perspective. The aim is to analyze the considerations of judges in deciding cases of divorce due to domestic violence in the Medan Religious Court and the Banda Aceh Sharia Court. The research found the fact that the considerations of judges in the Medan Religious Court when deciding cases of divorce due to domestic violence, do not consider the issue of 'iddah or mut'ah maintenance rights to the plaintiff (ex-wife) because this is not regulated in the KHI. This research concludes that, if analyzed from a feminist perspective, the decisions of the judges of the Medan Religious Court and the Banda Aceh Sharia Court tend to be unfair and discriminatory towards women. the principle of gender equality, where the law discriminates between the legal effects of divorce by the husband's will (talak) and divorce by the wife's will (divorce). Therefore, this research recommends that judges when deciding on a domestic violence case should not only adhere to one KHI but also consider other rules relevant to it.
The Significance of Ushul al-Fiqh and Maqashid Syari'ah Approaches in Reforming Islamic Law in Indonesia: A Critical Study of the Penal Code or Another Topic Yusuf, Nasruddin; Jamal, Ridwan; Makka, Misbahul Munir
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 58 No 2 (2024)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v58i2.1450

Abstract

The integration between Tasyri's Philosophy and Sharia Philosophy in the context of Islamic law reform in Indonesia is the main focus of this study, especially in understanding how Islamic legal values can be applied effectively in the modern legislation system. The urgency of reforming Islamic law to answer the challenges of the times and the importance of understanding the relationship between the principles of tasyri' – as the basis for the formation of law – and sharia as the entire Islamic legal system that governs the lives of Muslims, are emphasized in the introduction. This research uses a qualitative approach with normative analysis, combining literature studies, the study of classical legal texts, and the interpretation of the views of contemporary scholars in Indonesia. The data obtained were critically analyzed to identify how Tasyri and Sharia Philosophy principles can be adapted into legislation responsive to social changes and the Indonesian context. The study results show that integrating Tasyri' and Sharia Philosophy in the reform of Islamic law in Indonesia allows the application of Islamic law that is more relevant to the needs of the times and enriches the legislation process with a strong ethical and moral basis. The main challenge in this integration is ensuring harmony between classical texts and modern social realities in Indonesia so that Islamic law continues to function as a dynamic and adaptive system, as a representation of religious law. Integrasi antara Filsafat Tasyri' dan Filsafat Syariah dalam konteks reformasi hukum Islam di Indonesia menjadi fokus utama penelitian ini, terutama dalam memahami bagaimana nilai-nilai hukum Islam dapat diterapkan secara efektif dalam sistem legislasi modern. Urgensi reformasi hukum Islam untuk menjawab tantangan zaman dan pentingnya memahami hubungan antara prinsip-prinsip tasyri' – sebagai dasar pembentukan hukum – dan syariah sebagai sistem hukum Islam secara keseluruhan yang mengatur kehidupan umat Muslim, ditekankan dalam pengantar. Penelitian ini menggunakan pendekatan kualitatif dengan analisis normatif, menggabungkan studi literatur, studi teks hukum klasik, dan interpretasi pandangan ulama kontemporer di Indonesia. Data yang diperoleh dianalisis secara kritis untuk mengidentifikasi bagaimana prinsip-prinsip Tasyri' dan Filsafat Syariah dapat diadaptasi ke dalam legislasi yang responsif terhadap perubahan sosial dan konteks Indonesia. Hasil studi menunjukkan bahwa integrasi Tasyri' dan Filsafat Syariah dalam reformasi hukum Islam di Indonesia memungkinkan penerapan hukum Islam yang lebih relevan dengan kebutuhan zaman dan memperkaya proses legislasi dengan dasar etika dan moral yang kuat. Tantangan utama dalam integrasi ini adalah memastikan keselarasan antara teks-teks klasik dan realitas sosial modern di Indonesia sehingga hukum Islam tetap berfungsi sebagai sistem yang dinamis dan adaptif, sebagai representasi dari hukum agama.
The Psychological Impact of Divorce on Children in Manado City, North Sulawesi Ardianto, Ardianto; Gunawan, Edi; Yusuf, Nasruddin; Tubagus, Munir
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 6, No 2 (2023): Vol. 6, No. 2, April 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v6i2.30914

Abstract

Divorce is a complex life event that often has significant impacts, especially on the psychological well-being of children. This research aims to deeply explore the psychological impact of divorce on children in Manado City, North Sulawesi. Through a qualitative approach, we conducted in-depth interviews with 20 informants, including children, divorced parents, and judges from the Manado Religious Court. The results of the study indicate that divorce affects not only the physical and social aspects of children but also significantly impacts their emotional state. Children who are victims of their parents' divorce often experience deep feelings of loss, uncertainty about their family's future, and confusion about the causes of the divorce. Emotional conflicts also arise in children who are victims of divorce, such as feelings of guilt, anger, sadness, and prolonged anxiety. These psychological impacts are then reflected in various aspects of the child's life, including a decline in academic performance, lack of motivation to study, and deviant behaviors such as drug use or engaging in promiscuous activities. In facing these challenges, it is crucial for children to receive adequate social and psychological support. Therefore, the roles of family, government, schools, and the surrounding community in providing appropriate support and facilitating children's adaptation to their parents' divorce are very important. Support from various parties can help children who are victims of divorce in their psychological recovery.
Buying and Selling Cosmetics Not Labeled Halal in Bitung City Perspective of Muamalah Jurisprudence Yusuf, Nasruddin; Botutihe, Magfirah; Gonibala, Pedro Muhammad Arfi
JUSTISI Vol. 9 No. 3 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i3.2461

Abstract

Bitung City is a city located in North Sulawesi whose residents have a high interest in maintaining the performance of their appearance, both women and men. To get a good and beautiful performance and appearance, it is necessary to use beauty tools and cosmetics that support their appearance. The problem is that some cosmetics that are marketed do not have a halal label so they become safe and halal for use in the lens of Islamic law. Some respondents in Bitung City have different views regarding the law on the sale and purchase of cosmetics that are not labeled halal. From the results of the study, it was found that some Muslim users and sellers do not care about the halal label or not in cosmetic products, the most important thing for them is that it has been standardized safe for health issued by BPPOM RI, so in their view it is okay to buy and sell this kind of Some others view the provisions of halal law in products marketed as what causes buying and selling to be legal and halal according to Islamic law. Because the cosmetics marketed are not labeled halal, the cosmetics have the status of sunhat or doubt halalala. Therefore, buying and selling are also categorized as a syubhat buying and selling. Shubhat buying and selling is included in the category of buying and selling that is gharar or vague because of the uncertainty of the legal status of the contents contained in the cosmetics, whether halal or haram. Buying and selling gharar is buying and selling prohibited in the provisions of Islamic Sharia. Keywords: Cosmetics, Buying and Selling, and Review of Muamalah Jurisprudence
The Difficulty of Finding Halal Food for Muslim Minorities: Analysis of Maqashid Shariah Yusuf, Nasruddin; Sarib, Suprijati; Evra, Willya
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.8182

Abstract

This article explores the challenges of Manado's Muslim minorities in finding halal food from the perspective of maqashid Sharia. As a Muslim minority area, food vendors and production in Manado dominate with non-Muslim and non-halal food vendors. It is difficult for minority Muslim communities to practice religious principles, especially eating halal food. The method used in this study is qualitative with normative juridical and empirical approaches. Data obtained through in-depth interviews with research informants from 29 Muslim communities were analyzed inductively. The results found that minority Muslim communities in Manado face significant challenges in finding halal food, given the dominance of non-halal food in their neighborhood. However, personal decisions to choose halal food reflect their loyalty to religious teachings (hifdz al-din), concern for personal health (hifdz al-nafs), and wise asset management (hifdz al-mal). There is clear evidence that the principles of maqashid Sharia are essential in guiding individual actions in facing the challenges of daily life. In this context, religious beliefs are the primary guide for Manado's Muslim community in living their lives and maintaining the integrity of Islamic values in their decisions regarding food.
Dialectic Of Tasyri' and Sharia Philosophy: Affirming The Relevance Of Islamic Law Values In The Direction Of Islamic Law Reform In Indonesia yusuf, nasruddin; Willya , Evra; Yusuf, Aisyiyah Mumtazah N.; Ibrahim, Fathum
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 7 No. 2 (2025)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v7i2.11759

Abstract

This study offers a novel contribution by examining the integration of Tasyri’ and Sharia philosophy within the framework of Islamic law reform in Indonesia. The originality of this research lies in its emphasis on how philosophical integration can reinforce the foundations of contemporary Islamic legislation in a pluralistic context. The primary focus is to explore how the fundamental values of Islamic law can be effectively applied within a modern legislative system that responds to the nation’s social dynamics and constitutional demands. This integration is crucial for bridging the principles of tasyri’—as the normative basis for legal formation—with sharia as a comprehensive legal system that governs human life. This study employs a normative qualitative method, analyzing primary legal sources, positive law, and contemporary literature, with a focus on maqasid al-shariah and comparative analysis across legal schools. The results demonstrate that integrating Tasyri’ and Sharia philosophy as both conceptual and normative foundations in Islamic law-making provides a comprehensive framework that bridges transcendent legal sources with the sociological realities of the ummah. This integration enables the application of Islamic law, which remains relevant to contemporary needs, while enriching national legislation with strong ethical and moral underpinnings. The main challenge lies in harmonizing classical texts with modern social realities to maintain the dynamism, adaptability, and contextual responsiveness of Islamic law. Therefore, the integration of Tasyri’ and Sharia philosophy is not merely theoretical but also practical, supporting the development of national legislation rooted in Islamic values and responsive to the complexity of Indonesia’s pluralistic society.
Integration of Islamic Law Principles in Overcoming Failure: Mediate Family Cases in The North Sulawesi Religious Court Harun, Nurlaila; Yusuf, Nasruddin; Fernando, Henky; Larasati, Yuniar Galuh
El-Usrah: Jurnal Hukum Keluarga Vol. 9 No. 1 (2026): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v9i1.34080

Abstract

This study examines the failure of mediation in family cases at the North Sulawesi Religious Court and emphasizes the importance of integrating Islamic legal principles to address these issues. Although many studies have addressed mediation failures, this study offers a more in-depth perspective by highlighting how the dominance of legal formalities often ignores the substance of peaceful dispute resolution. Through a qualitative approach, in-depth interviews are conducted with judges, mediators, and parties involved in the mediation process. Thematic analysis is then used to identify patterns and themes from the collected data. The study results show that one of the leading causes of mediation failure is the lack of application of Islamic legal principles, such as the activeness of mediator judges in promoting peace. In addition, local wisdom ('urf) that is supposed to strengthen mediation is often overlooked, which reduces the effectiveness of the mediation process. The success of mediation, if it occurs, is more often determined by external pressures, such as family pressures, than by the mediation itself. Therefore, this study emphasizes the need for stronger integration between Islamic legal principles and mediation approaches in Religious Courts to achieve fairer, more peaceful dispute resolution for all parties.
Co-Authors Ahmad Rajafi Ardianto Ardianto Bilalu, Naskur Botutihe, Magfirah Djabli, Irfan Edi Gunawan Engkos Kosasih Entuu, Rayen Riski P Evra Willya Evra, Willya Fernando, Henky Gonibala, Pedro Muhammad Arfi harun, nurlaila Hasan, Faradila Ibrahim, Fathum Ilahude, Ridwan Indra Mahlia, Indra Jamal, Ridwan Kartoredjo, Ireniza Kosasih, Engkos Ahmad Larasati, Yuniar Galuh Lontoh, Fawzy Moro Mahlia, Indra Teuku Meurah Makka, Misbahul Munir Mamonto, Feraningsih Mash'ud, Imam Masrur, Masrur Muhamad Yulianto Muhammad Alhamid, Muhammad Muhammad Idrus Alhamid, Muhammad Idrus Muhammad Saleh Mursyid, Salma Nur Azizah Nurlaila Isima Olii, Nurul Fauziah Rio Ricardi, Rio Sarib, Suprijati Subeitan, Syahrul Mubarak Tadore, Nurulhimnin Tubagus, Munir Tumiwa, Anisa Jihan Usup, Djamila Willya , Evra Yasin, Yasin Yusuf, Aisyiyah Mumtazah N.