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All Journal Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Jurnal Integrasi Ilmu Syariah (Jisrah)
Mhd Yazid
Universitas Islam Negeri Imam Bonjol Padang
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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THE AMBIGUITY OF INDONESIAN CONSTITUTIONAL COURT DECISIONS CONCERNING ISLAMIC FAMILY LAW CASES Mhd Yazid
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 3, No 3 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v3i3.9147

Abstract

This article examines the decision of the Constitutional Court on polygamy and interfaith marriage in Indonesia and its relationship to the human rights principles adopted in the 1945 Constitution. After the collapse of the New Order, the state was faced with the possibility of various interpretations of Islamic law. The reform opens opportunities for the emergence of new interpretations of Islamic law legislated in Indonesia, especially after adopting human rights principles in the state constitution. This interpretation is indicated in several judicial review cases to the Constitutional Court regarding the material of Law No. 1 No. 1974. This article argues with the Islamic legal philosophy approach that the interpretation of fiqh and the interpretation of human rights principles are always debated and negotiated in Indonesia. In the case of polygamy and interfaith marriage, human rights are acceptable as long as they do not conflict with the established fiqh interpretation for the sake of state stability.
Conservatism of Islamic Legal Arguments in Granting Marriage Dispensation at the Indonesian Religious Courts Mhd Yazid
Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Vol. 21 No. 1 (2023): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32694/qst.v21i1.2489

Abstract

This article discusses additional legal arguments used by judges in granting proposals for marriage dispensation at the Religious Courts. The article is based on the fact that many of these cases were granted by judges at the Religious Courts in the midst of child protection initiated by the state through Law no. 16 of 2019. This research discusses additional arguments used by judges in several Religious Courts in Indonesia in considering the best interest for children in marriage dispensation decisions. The data in this article was collected from judges' decisions regarding marriage dispensation in 2022. Using a legal philosophy approach, this article finds that additional arguments are a very decisive part for judges in granting marriage dispensation. In other words, the judge cannot grant a marriage dispensation without additional arguments. Among these arguments are the principles of fiqh, the Qur'an or interpretation, hadith, fiqh, and social conditions.
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