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All Journal JURIS (Jurnal Ilmiah Syariah) Alfuad: Jurnal Sosial Keagamaan
Muhammad Hizbi Islami
International Islamic University Malaysia
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Out-of-Court Assistance Based on the Principle of the Best Interests of the Child: Study on Examination Process of Marriage Dispensation Cases Ashabul Fadhli; Asasriwarni Asasriwarni; Elfia Elfia; Muhammad Hizbi Islami
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 1 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i1.10281

Abstract

This research aimed to elaborate the legal phenomenon of marriage postponement proposed by the applicant in the examination process of marriage dispensation cases at the Religious Courts of Bukittinggi. The decision is taken after the applicant receives out-of-court assistance in marriage dispensation cases by other institutions that has been explicitly regulated in the Supreme Court (PERMA) Number 5 of 2019. The purpose of the assistance is to ensure the children’s readiness in entering marriage and the follow up to limited amendment of Article 7 Marriage Law on age limit. This phenomenon is intriguing due to a sizeable finding on previous marriage dispensation cases where most applicants insisted on getting married soon. This field study is descriptive qualitative research applying the descriptive-analysis method. The empirical-juridical approach was employed, analyzing primary and secondary data sourced from interviews and documentations. The collected data were subjected to Creswell’s technique starting from data processing to data interpretation. The results showed that the assistance practice has successfully encourage many child applicants to make decisions based on their best interests, namely postponing the marriage that is facilitated through an integrated system that includes psychological examination, legal approach, and religious approach. Indeed, this system is non-existent in the previous examination process of marriage dispensation cases. Interpretation and realization of Article 15 of PERMA are perceived to have contributed to the decreasing number of marriage dispensation cases in the Religious Courts of Bukittinggi, and establishing PERMA Number 5 of 2019 as the law that guarantees the prevention of child marriage.
Women and Inequality: An Analysis of Social Structures in The Lives of Female Agricultural Laborers in Batipuah Baruah Village Siska Elasta Putri; Muhammad Hizbi Islami; Satri Widya Nengsih; Mami Nofrianti
Alfuad: Jurnal Sosial Keagamaan Vol. 9 No. 1 (2025)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jsk.v9i1.14856

Abstract

This study analyzes the relationship between social structure and women's decision to work as farm laborers in Batipuah Baruah Village. In rural communities that rely heavily on the agricultural sector, women often face complex challenges in choosing their professions. This research employs a qualitative approach with a descriptive design, involving in-depth interviews with women who work as farm laborers. The results indicate that although economic needs are the primary factor, women's decisions to enter the agricultural sector are also influenced by social structures, such as gender inequality, limited access to resources, social norms related to family roles, and geographical constraints that restrict employment opportunities. Additionally, women farm laborers in Batipuah Baruah Village demonstrate remarkable resilience and creativity in addressing various challenges, such as low wages and heavy workloads. This study concludes that social structures not only shape women's economic choices but also reinforce patterns of gender inequality in the workplace. Thus, changes in social structures are necessary to provide women with greater access to resources and equal employment opportunities.
Co-Authors Asasriwarni Asasriwarni Ashabul fadhli Elfia Elfia Mami Nofrianti Satri Widya Nengsih Siska Elasta Putri