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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Elfia Elfia
Universitas Islam Negeri Imam Bonjol Padang, Indonesia
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Respon Ulama dan Dokter terhadap Hukuman Kebiri Kimia Bagi Pelaku Pedofilia Ali Minanto; Elfia Elfia
Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Vol. 20 No. 2 (2022): 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.v20i2.2291

Abstract

This study is intended to see the response of moslim scholar and doctors to the article on chemical castration in The Child Protection Law in Indonesia. Muslim scholars and doctors are considered to represent the two main groups responding to that law. In this case, moslim scholar responds from the legal side, while the doctor responds from the application side. This study uses a socio-legal approach in looking at the urgency of the chemical castration and the community's response to it. Data was collected through interviews, observation and document study. This study shows that the article on chemical castration had indeed received a rejection response from various groups, including religious scholars and doctors. This study shows that the moslim scholar basically do not reject, but just state that this type of chemical castration is not found in Islamic legal literature. However, scholars still agree with the implementation of this punishment because it can be categorized as ta'zir. As for the response from doctors, it is hoped that the executors of this punishment will not be from them, because it would be contrary to the doctor's code of ethics, but from those usually assigned by the state for this purpose. Hence, the response from the clergy and doctors who were previously considered to be opposed could be compromised and lead to the common maslahah.
Inheritance Development Patterns in Multiethnic Societies in Indonesia: Between Custom, Religion, and State Elfia Elfia; Nurus Shalihin Nurus; Surwati Surwati; Yan fajri Yan; Siti Mardiyah Mardiyah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 1 (2026): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v10.i1.32673

Abstract

This study aims to analyze the patterns for developing inherited assets in multiethnic communities in Pasaman and Dharmasraya (West Sumatra) and Mandailing Natal and Panyabungan (North Sumatra). The research focuses on the interaction between customary, religious, and state laws in inheritance practices and their implications for social relations, family cohesion, and economic orientation. Using a qualitative comparative case study approach, data were collected through in-depth interviews, participatory observation, and document analysis with inter-ethnic families. The research findings reveal three distinct patterns of heritage development. The collective-conservative pattern in Pasaman emphasizes family solidarity and asset preservation, while also reflecting internal power relations and potential conflicts of interest in decision-making. The customary-conservative pattern in Dharmasraya highlights the dominance of customary norms in heritage management, oriented toward social stability and cultural preservation, yet it can also reinforce traditional authority structures and symbolic subordination. Meanwhile, the individualistic-commercial pattern in Mandailing Natal prioritizes maximizing economic value and enhancing family economic mobility, but it may generate social differentiation and economic inequality among family members. These findings indicate that heritage development patterns are shaped not only by economic considerations but also by “ethnic logic” rooted in kinship structures, customary norms, and social relations. Across most locations, customary law remains the dominant framework, religious law provides moral legitimacy and distribution guidance, and state law is applied selectively. In conclusion, this study demonstrates that legal pluralism in Indonesia’s multi-ethnic context is not merely a normative reality, but also a socially chosen strategy. 
Co-Authors Ali Minanto Nurus Shalihin Nurus Siti Mardiyah Mardiyah Surwati Surwati Yan fajri Yan