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All Journal DE JURE Tribakti: Jurnal Pemikiran Keislaman
Rabiatul Adawiyah
Institut Agama Islam Negeri Palangka Raya
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Cumulative Versus Alternative Conditions: A Study of Polygyny Permits in Indonesia From the Perspective of the Legal Certainty Principle Abdul Helim; Aris Sunandar Suradilaga; Wafit Syuja' Vennovary Benevolent; Rabiatul Adawiyah
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i1.15384

Abstract

This paper aims to examine the conflict of authority between the alternative and the cumulative conditions stipulated in Law Number 1 of 1974 concerning Marriage, especially under the polygyny permit section. In this normative study, the problem is focused on the alternative conditions that determine the cumulative conditions and the analysis took into account the critical legal studies and adz-Dzari’ah theories, revealing that the alternative conditions are not appropriate to be determinant that allows polygyny to take place. Instead, these conditions are supposed to be additional or optional. Conversely, the more appropriate condition as the polygyny permit determinant is cumulative. Similarly, in the analysis of the adz-Dzari’ah theory, when the alternative condition is the determinant, it will bring harm instead, meaning that it is included in the category sadd adz-Dzari’ah (prohibited or even forbidden). It is advisable to make the cumulative conditions the determinant of polygyny permits because it carries more benefits that allow for easier polygyny as it is included in the category fath adz-Dzari'ah. If there are requirements, they are still within reasonable limits that can be pursued. In addition, polygynous marriage can be performed before the Marriage Registrar witnessed by the first wife.
Sharia-Based Digital Economic Policies: A Maqasid Shariah Approach to Achieving Sustainable Development Erry Fitrya Primadhany; Tekun Suttikornpadee; Maimunah; Muhammad Amin; Rabiatul Adawiyah
Tribakti: Jurnal Pemikiran Keislaman Vol. 36 No. 1 (2025): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v36i1.5485

Abstract

The emergence of the digital economy as a form of technological advancement has created opportunities to support sustainable development. To achieve sustainable development and reduce economic disparities, guidance through economic policies becomes essential. This study aims to explore the potential of Sharia-based digital economic policies in supporting sustainable development by addressing economic inequality. Using a normative jurisprudence approach, this research examines Islamic norms, principles, and evolving doctrines within the digital economy context. The research method applied is normative legal analysis with a conceptual approach. Digital economic policies grounded in Maqasid Shariah are expected to positively impact sustainable development, as they emphasize principles of justice, balance, and collective welfare. Therefore, implementing Sharia-based digital economic policies should be a primary focus within sustainable development efforts. Such policies should encompass the five dimensions of Maqasid Shariah—preserving religion, life, intellect, lineage, and property—and include essential aspects such as digital infrastructure development, comprehensive quality enhancement, strengthening Sharia-based financial systems, and adherence to good governance principles. Thus, Sharia-based digital economic policies hold significant potential to contribute to achieving sustainable development goals.
Co-Authors Abdul Helim Aris Sunandar Suradilaga Erry Fitrya Primadhany Maimunah Muhammad Amin Tekun Suttikornpadee Wafit Syuja' Vennovary Benevolent