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All Journal DE JURE Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam El-Usrah: Jurnal Hukum Keluarga Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial Takammul : Jurnal Studi Gender dan Islam Serta Perlindungan Anak MAQASIDI Millah: Journal of Religious Studies El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law Al-Rasikh : Jurnal Hukum Islam JURISTA : Jurnal Hukum dan Keadilan Quru’: Journal of Family Law and Culture Al-Mudharabah Fundamental : Jurnal Ilmiah Hukum
Husnul, Muhammad
Universitas Islam Negeri Ar-Raniry, Banda Aceh
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : El-Usrah: Jurnal Hukum Keluarga

 1 
The Granting of Family Card for Siri Marriage in Banda City: Perspective of Islamic Family Law Daniela, Nadya Pratiwi; Hanapi, Agustin; Husnul, Muhammad; Fahri, Marjana
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 1 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i1.23317

Abstract

Law No. 1 of 1974, as does the Compilation of Islamic Law, concerning marriage mandates the registration of every marriage to obtain legal validity such as a marriage certificate, which later becomes a requirement for making a family card. A family card is obtained if a marriage is registered in accordance with applicable laws and regulations. Siri (i.e., unregistered) marriage previously had various consequences, including children not having birth certificates, not having family cards, and, not being able to obtain their rights as husband and wife in the event of marital disputes. Therefore, marriage must be officially registered in order to obtain all the documents needed to create a family card. This will minimize the prevalence of siri marriage. However, the issuance of Minister of Home Affairs Regulation (PERMENDAGRI) No. 108 of 2019, which adds the status of unregistered marriage and unregistered divorce to the provision of family card, has allowed the registration of a family card without attaching a marriage certificate and accommodated providing family cards for unregistered marriages. On the one hand, having family cards is deemed necessary; yet, on the other hand, it is contrary to Law No. 1 of 1974 on Marriage. From a sociological point of view, it can have a negative impact on the increase of siri marriage as it no longer has any consequence at all. Thus, it is important to review the application of PERMENDAGRI No. 108 of 2019 sociologically from the perspective of Islamic family law using the theory of maslahah (benefit). This empirical study used the descriptive qualitative approach, which took place in Banda Aceh City. The study collected legal materials through document study. Sociologically, many negative effects have occurred on the issuance of family cards from the perspective of Islamic family law as well as the consequences of the implementation of PERMENDAGRI No. 108 of 2019 for women and children.
The Ijtihad of Female Judges in Aceh’s Sharia Courts: Disparity in Sentencing for Child Sexual Abuse Fauziati, Fauziati; Abbas, Syahrizal; Devy, Soraya; Husnul, Muhammad; Suarni, Suarni
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/zr002d09

Abstract

This study examines the ijtihad (independent reasoning) undertaken by female judges in the Sharia Court when imposing sentences on perpetrators of child sexual abuse. It highlights the variations in the judges’ verdicts, which include punishments such as caning and imprisonment, as well as sentences that differ—either higher or lower—from the demands of the Public Prosecutor. This study utilized an empirical juridical method, combining statutory analysis with the maqashid al-sharia (objectives of Islamic law) approach. Data were gathered through interviews with female judges and a review of judicial decisions, journal articles, books, research reports, and legal regulations. The findings reveal that female judges’ ijtihad in sentencing child sexual abusers has been driven by trial evidence and the best interests of the child. The judges typically approve of imprisonment as a means of limiting contact between the perpetrator and the victim, in order to safeguard the child from further trauma. Within the framework of maqashid al-sharia, the verdicts of these female judges have been in line with the principles of protecting the interests and security of the child, as the main objective of Islamic law.  This study suggests that courts review the caning rules in the Qanun Jinayat and consistently prioritize the child’s best interests while imposing penalties.
Co-Authors Agustin Hanafi Agustin Hanapi Aini, Sarina Asmuni Asmuni Bukhari Ali Daniela, Nadya Pratiwi Edi Yuhermansyah Fahri, Marjana Fauziati Fauziati, Fauziati Herawati Iskandar Usman Jannah, Khairatul Junanah Junanah Khairul Badri, Khairul Lubis, Asmuliadi Maghfirah Maghfirah Maulina, Nurul Muntoha Muntoha Muqaddas, Abe Yafi Mursyid Djawas Natasya Solin, Siti Dian Reza, T. Surya Riski, M. Romi Shabarullah, Shabarullah Siti Jum’ah Solin, Siti Dian Natasya Soraya Devy Soraya, Wiranda Suarni Suarni Syahrizal Abbas Wahyuni, Yenny Sri Yusdani Yusdani