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All Journal Al-Usrah : Jurnal Al-Ahwal As-Syakhsiyah Journal of Humanities and Social Studies
Muhammad Amar Adly
Universitas Islam Negeri Sumatera Utara, Medan
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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The Law Of Exchanging Pulsa Into Money Using The Ibn Hazm Factors For Judges To Consider In Deciding To Cancel A Marriage In The Medan Religious Courts 2018-2022 Rahmad Fauzi; Muhammad Amar Adly; Heri Firmansyah
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 7, No 1 (2023): JHSS (Journal of Humanities and Social Studies)
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v7i1.8972

Abstract

Fasakh or annulment of marriage is one way to cancel a marriage if the marriage is found to have inconsistencies in terms and conditions, fraud and deception. Fasakh or marriage annulment is actually carried out by the Religious Courts to fulfill the elements of state justice. Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law itself has the same views as the views of the Syafi'i School so that it has the same factors regarding the annulment of the marriage. This research uses a type of normative research with a statutory approach, a case approach and a comparative approach. The research results show that the author found two main factors that caused judges to cancel marriages at the Medan Religious Court in 2018-2022. Firstly because of the falsification of data and secondly the factor of falsification of circumstances (having been pregnant before the contract with another person. Therefore, the judge's considerations are in accordance with Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law and the Syafi'i School of thought. So far the two things above This is a weakness in the administration of marriages. So many marriage annulment cases are found in the city of Medan. Therefore, there is a need to strengthen the legal administration of marriages. Indonesia should construct an independent layer of law, namely the Marriage Administration Law.
A LEGAL ANALYSIS OF THE COMMERCIALIZATION OF THE MAHAR DUE TO THE ABSENCE OF LIMITS ON THE MAHAR IN THE COMPILATION OF ISLAMIC LAW Siti Nurheliza; Muhammad Amar Adly
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 14, No 1 (2026): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH
Publisher : Universitas Islam Negeri Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/al-usrah.v14i1.30397

Abstract

Mahar is the right of a prospective wife that must be provided by the prospective husband as a consequence of the marriage contract. The Compilation of Islamic Law regulates the obligation to provide mahr but does not stipulate either a minimum or maximum limit for the amount of mahr that may be given in a marriage. The absence of such regulation grants the parties the freedom to determine the amount and form of mahr based on mutual agreement. On the other hand, this condition has the potential to encourage the phenomenon of mahr commercialization, shifting its meaning from a symbol of respect for women to a symbol of social status and economic interests. This study aims to analyze the juridical basis for the absence of mahr limitations in the Compilation of Islamic Law and its implications for the phenomenon of mahr commercialization in society. This research employs a normative legal research method with statutory, conceptual, and comparative approaches. Data were obtained through a literature study consisting of primary, secondary, and tertiary legal materials. The findings indicate that the absence of minimum and maximum limits on mahr in the Compilation of Islamic Law is based on the principles of flexibility in Islamic law, public benefit (maslahah), and respect for the diversity of customs and socio-economic conditions within Indonesian society. However, such freedom also has the potential to give rise to the commercialization of mahr, characterized by the determination of excessively high mahr as a symbol of prestige and social status. From the perspective of maqāṣid al-sharī‘ah, such practices are inconsistent with the objectives of Islamic law, which emphasize ease, public welfare, and the protection of wealth. Therefore, strengthening religious understanding and legal education is necessary to ensure that the determination of mahr remains oriented toward the values of simplicity and ease as taught in Islam.
Co-Authors Heri Firmansyah Rahmad Fauzi Siti Nurheliza