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All Journal Jurnal Integrasi Ilmu Syariah (Jisrah) Hakamain: Journal of Sharia and Law Studies
Annisa Wahid
Universitas Islam Negeri Sunan Gunung Djati Bandung
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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HUKUM ADAT MINANGKABAU SEBAGAI BASIS DAN PERSPEKTIF DALAM PEMBENTUKAN SISTEM HUKUM NASIONAL Annisa Wahid
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 4, No 2 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v4i2.10154

Abstract

Minangkabau Customary Law is a traditional legal system that has been developed and passed down through generations within the Minangkabau community in West Sumatra, Indonesia. Rooted in local customs and culture, Minangkabau Customary Law has significant potential to serve as a basis and important perspective in the formation of an inclusive and sustainable national legal system. This research aims to explore the role of Minangkabau Customary Law in the formation of the national legal system and its potential contributions in creating social justice, preserving cultural diversity, and strengthening local autonomy. The research methodology employed is literature analysis, drawing on relevant primary and secondary sources including legal documents, academic writings, and practical experiences in the application of Minangkabau Customary Law. The findings of this research indicate that Minangkabau Customary Law encompasses interconnected principles such as musyawarah-mufakat (consensus-building), gotong royong (community cooperation), and restorative justice. These principles hold universal values that can be adapted and integrated into a broader national legal system. In the context of forming the national legal system, Minangkabau Customary Law can serve as a source of inspiration to develop legislation that aligns with societal interests, protects individual and group rights, and maintains a balance between national and local interests. Furthermore, Minangkabau Customary Law has the potential to preserve cultural diversity in Indonesia. In an era of globalization that often promotes cultural homogenization, the implementation of Minangkabau Customary Law can serve as a strong foundation to promote and safeguard cultural diversity at the national level. Through an approach that respects and acknowledges cultural differences, the national legal system can become an instrument that strengthens cultural identities and ensures the continuity of valuable cultural heritage.
Determination of Nasab of Children Outside of Marriage in the Islamic Legal System: The Role and Decisions of Religious Courts in Indonesia Syukriya Husni; Fadilla Syahriani; Alfi Husni; Annisa Wahid; Valensius Ngardi
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 1 (2024): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i1.332

Abstract

The determination of nasab for children born outside of marriage is a multifaceted legal and social issue, especially within the context of family law in Indonesia. This study delves into the critical role and decisions of Religious Courts in Indonesia concerning the nasab of such children, exploring how these courts balance national legal frameworks with the principles of Islamic law. Through a comprehensive analysis, the study highlights the legal factors, justifications, and ratio decidendi that underpin the decisions of the Religious Courts. It is imperative to understand the methodologies these courts employ in interpreting legal precedents, applying Islamic jurisprudence, and considering the broader social implications of their rulings. The investigation also looks into the procedural aspects of these cases, including the presentation of evidence, the involvement of legal and religious experts, and the impact of societal norms and pressures on judicial outcomes. It explores how the rulings influence public perceptions of legitimacy, inheritance rights, and social status, as well as their impact on the lives of children born outside of marriage and their families. The findings of this study underscore the dynamic interplay between religious norms and legal requirements in Indonesia, highlighting the challenges and opportunities in harmonizing these two systems. The study concludes by emphasizing the necessity for ongoing research to evaluate the long-term effects of these rulings on children's rights, social cohesion, and the development of a more inclusive and just legal framework.
Co-Authors Alfi Husni Fadilla Syahriani Syukriya Husni Valensius Ngardi