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All Journal FIKRI : Jurnal Kajian Agama, Sosial dan Budaya Yurisprudentia: Jurnal Hukum Ekonomi
Mahmud Dongoran
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Religion Humanities Economics, Econometrics & Finance Social Sciences

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PERLINDUNGAN HUKUM TERHADAP HAK-HAK PEREMPUAN DI PENGADILAN AGAMA Mahmud Dongoran
Yurisprudentia: Jurnal Hukum Ekonomi Vol 2, No 2 (2016)
Publisher : Institut agama islam negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (247.939 KB) | DOI: 10.24952/yurisprudentia.v2i2.671

Abstract

In the Book of the Criminal Law Act, domestic violence is regulated in acts of persecution, morality, as well as neglect of people who should be living. However violence stipulated in Law No. 23 Year 2004 concerning the Elimination of Domestic Violence has a specific nature sehinggapersoalan domestic violence become public. The legal protection can be obtained victims of domestic violence are becoming more complex. 
Mahmud Dongoran Mahmud Dongoran
Yurisprudentia: Jurnal Hukum Ekonomi Vol 1, No 2 (2015)
Publisher : Institut agama islam negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (409.555 KB) | DOI: 10.24952/yurisprudentia.v1i2.647

Abstract

Maqasid syari’ah concept is the main discussion within Islamic law philosophy study. It says that public’s benefit and welfare are applied through Islamic law. There were Islamic clergies like Imam al-Haramain al-Juwaini (Usul al-fiqh expert), al-Gazali, and Muhammad Sa'id Ramadan al-Buti agreed about it.  Moreover, there was then Islamic principle like where there is a benefit and welfare there is Allah’s law. In conclusion, the concept mainly proposes public’s goodness and against badness, public’s benefit and welfare, and against disadvantages. All of them are cores of Islamic law.
Legal Choice and Inheritance Negotiation in a Plural Legal Order: Typologies and Determinants in Padang Sidempuan, Indonesia Mahmud Dongoran; Syamruddin Nasution; Peri Pirmansyah
Fikri : Jurnal Kajian Agama, Sosial dan Budaya Vol. 11 No. 1 (2026): Fikri: Jurnal Kajian Agama, Sosial dan Budaya
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jf.v11i1.7476

Abstract

This study addresses the problem of legal choice in inheritance distribution within Indonesia’s plural legal system, where Islamic inheritance law (farā’iḍ) and customary law coexist but often operate in tension. Focusing on Padang Sidempuan, a predominantly Muslim society characterized by a strong Batak Angkola patrilineal structure, this research aims to analyze how inheritance decisions are determined and negotiated in practice. Using a qualitative socio-legal approach, the study examines six inheritance cases (2023–2024) through in-depth interviews with 18 informants, analysis of Religious Court decisions, and relevant documentary evidence. The data were analyzed thematically to identify patterns of legal choice and dispute resolution. The findings reveal three distinct typologies of inheritance settlement: first, full application of Islamic inheritance law, second, dominance of customary law, and third, a negotiated hybrid model combining elements of both systems. The study further demonstrates that legal choice is shaped by the interaction of six key factors: religious literacy, patrilineal kinship structure, social authority, institutional access, economic value of assets, and gender awareness. Rather than reflecting rigid normative conflict, inheritance practices operate through dynamic processes of social negotiation that produce context-specific outcomes. Theoretically, this study contributes to the discourse on legal pluralism by conceptualizing inheritance decisions as negotiated and adaptive processes. Empirically, it provides a structured model for understanding legal choice in inheritance practices within patrilineal Muslim societies.
Co-Authors Peri Pirmansyah Syamruddin Nasution