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All Journal Al-Ahkam Turast: Jurnal Penelitian dan Pengabdian Jurnal Kajian dan Pengembangan Umat Lentera:Indonesian Journal of Multidisciplinary Islamic Studies Jurnal Integrasi Ilmu Syariah (Jisrah) HUMANISMA : Journal of Gender Studies Al Hurriyah : Jurnal Hukum Islam Ihsanika : Jurnal Pendidikan Agama Islam Al-Zayn: Jurnal Ilmu Sosial & Hukum USRATY : Journal of Islamic Family Law Journal of Islamic Law and Wisdom ALFIHRIS: Jurnal Inspirasi Pendidikan
Endri Yenti
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Formal Validity of Children's Status Reviewed in Terms of Maslahah Mursalah Nabila Inita Zahra; Endri Yenti
USRATY : Journal of Islamic Family Law Vol. 2 No. 2 (2024): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i2.8781

Abstract

Children born from sirri marriages still have the right to receive state administrative services and be recognized as citizens without requiring verification of their parents' marital status, as stipulated in Article 4 paragraph (2) of the Ministry of Home Affairs Regulation Number 9 of 2016. Therefore, it is important to assess the validity of Article 4 paragraph (2) through the perspective of maslahah mursalah. This study aims to analyze the validity of this provision in light of the principles of maslahah mursalah in Islamic law, using a field study approach. The research was conducted in a specific region, involving key informants, including state administrative officials, couples in sirri marriages, and religious leaders. Data collection methods included in-depth interviews, observation, and documentation. The results show that the implementation of Article 4 paragraph (2) provides a real solution for couples unable to fulfill the requirements for isbat nikah. This policy not only facilitates administrative services for children born from sirri marriages but also aligns with Islamic law's goal of achieving maslahah, particularly in protecting the rights of children. This research contributes significantly by examining the legal validity of sirri marriages from the perspective of maslahah mursalah and offering recommendations for regulatory reform to accommodate the rights of children born from sirri marriages in a fair and just manner according to Islamic legal principles.
Legitimization of Power and Sexual Violence in Religious Educational Institutions as Violations of Islamic Legal Endri Yenti; Siska Mona Widia; Desi Asmaret; Syaflin Halim; Sofia Ridha
HUMANISMA : Journal of Gender Studies Vol. 9 No. 2 (2025): December 2025
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/humanisma.v9i2.9621

Abstract

Islamic boarding schools are Islamic educational institutions in the form of dormitories where students' activities are carried out under the guidance and supervision of mentors who are supposed to play an important role in instilling religious values so that students can comply with the legal norms that apply to them. However, behind the image of Islamic boarding schools as places of spiritual development, reports of sexual violence have raised public concern because they are committed by people who have the authority to educate and protect students. This occurs because the perpetrators wield power, making it easy for them to intimidate their victims. Sexual violence in religious educational environments is often hidden and goes unreported because it is committed by people with strong power structures. This issue is important and very complex because it can lead to violations of Islamic legal norms. Using a qualitative approach, this study analyzes the experiences of victims and the response of institutions to violations that have occurred. The results of the study show that unchecked power can create an environment that encourages sexual violence. This is evidenced by the fact that the perpetrators were immoral teachers and dormitory supervisors who held positions of power at the Islamic boarding school, making it impossible for the victims to avoid or even reject them. This study is expected to provide insights into the need for policy reform and increased awareness to protect victims, as well as the enforcement of existing legal norms
Co-Authors Aguswan Aguswan Annasaii bin Jamar Beni Firdaus Beni Rahmad Busyro, Busyro Desi Asmaret Fauzan Fauzan Firdaus Firdaus Fitri Annisa Gazali, Gazali Hanif Aidhil Alwana Ismail Januar Januar Jasmienti Jasmienti Mohd Nasran Mohamad Muhammad Afif Al fikri Muhiddinur Kamal Nabila Inita Zahra Putri Yana Rahmiati Rahmiati Rizka Nurhaliza Sidiq Siadio Siska Mona Widia Sofia Ridha Syaflin Halim Viona Ryanti