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All Journal Kawanua International Journal of Multicultural Studies Mazahib: Jurnal Pemikiran Hukum Islam Journal of Law and Legal Reform
Chami, Yassine
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice

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Inclusion of Definitions in Legislative Drafting: A Necessity or a Luxury? Ezzerouali, Souad; Chami, Yassine
Mazahib Vol 22 No 1 (2023): VOLUME 22, ISSUE 1, 2023
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v22i1.5298

Abstract

Legislative drafting is a crucial element in the formation of legal norms. The success of these norms depends on the accuracy of the words used and the appropriateness of its tools, as it is subject to a set of rules and mechanisms that the legislator must follow, whether at the level of form or at the level of content. Our study will focus on the rule related to using definitions in the exact way to include them in the legislative drafting. It aims to standardize the terms used by the legislator in the legal text in order to avoid any confusion or ambiguity about these terms, and to distinguish it from other meanings that may come in other texts but in a different concepts. The research problem revolves around the extent to which legislation needs to include definitions in laws, is it a necessity or just a luxury? We will address this problem using the descriptive and comparative approach by dividing the study into two parts, the first part deal with the need to include definitions in laws, and the second part addresses the norms governing the use of definitions in legislative drafting. We conclude, that adding a legal definition to the legislative process, giving it legal meaning, would perpetuate the rigid, ossified concept of law. Contrast that with jurisprudential definitions, which sometimes change the true meaning of jurists' terms. However, each definition will be kept in line with the pace of legislation to keep up with the pace of social development, in case it becomes outdated or needs to be supplemented. Keywords: legal drafting, definitions, improvement of law, legal security.
Between Reconciliation and Rights: The Judge Role in Child Advocacy in Algeria and Indonesia Chami, Yassine; Benseghir, Mourad; Alshawabkeh, Mohammad Abdallah; Putri, Viorizza Suciani
Journal of Law and Legal Reform Vol. 6 No. 1 (2025): January, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i1.6901

Abstract

This research highlights the significant differences in how Algerian and Indonesian legal system approach reconciliation during the divorce process, particularly concerning the protection of children’s rights. Through an analysis of legal documents and relevant literature, this study evaluates the practical application of these legal provisions. The findings indicate that, although reconciliation efforts are required by law, failure to carry out such efforts does not impact the validity of the divorce decision. This underscores the notion that reconciliation should be pursued as a meaningful effort without altering the essence of divorce law. This research also highlights the need for a more integrated approach that combines legal security and child protection in the context of divorce.
The Absence of Judicial Review on Constitutional Amendments in Indonesia: Urgency and Legal Reform for Constitutional Safeguards Nggilu, Novendri M.; Zulkifli, Zulkifli; Chami, Yassine; Perwira, Indra; Abdurahman, Ali
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.20888

Abstract

The judicial review of constitutional amendments remains underexplored in Indonesia’s legal framework despite its recognition in global constitutional discourse. Several jurisdictions, including India, Germany, and Colombia, Turkey have established judicial safeguards to prevent amendments from undermining fundamental constitutional principles. This study aims to propose a judicial review model for constitutional amendments in Indonesia to ensure the protection of constitutional identity and democratic principles. Using a comparative legal approach, this study examines international judicial practices alongside a normative analysis of Indonesia’s constitutional framework. The findings highlight three key justifications for judicial review in Indonesia: historical, philosophical-juridical, and sociological. Historically, constitutional transitions have often violated procedural norms, as seen in the 1959 Presidential Decree, which reinstated the 1945 Constitution through executive action. Philosophically, Pancasila, as Indonesia’s foundational ideology, holds a supra-constitutional status and should serve as a benchmark for amendment review. Sociologically, the absence of review mechanisms exposes constitutional amendments to political manipulation, such as attempts to extend presidential term limits. This study advocates for an a posteriori judicial review model, granting the Constitutional Court the authority to assess amendments post-enactment. This model aligns with international practices and strengthens constitutional safeguards against politically motivated amendments. Implementing such a mechanism would uphold constitutional supremacy, democracy, and the rule of law in Indonesia.
Executing Hadhanah Decisions in Indonesia’s Religious Courts: Islamic Legal Principles, Child Welfare, and Multicultural Challenges Putri, Viorizza Suciani; Chami, Yassine
Kawanua International Journal of Multicultural Studies Vol 6 No 2 (2025)
Publisher : State Islamic Institute of Manado (IAIN) Manado, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/kijms.v6i2.1841

Abstract

This article examines the execution of hadhanah (child custody) decisions in Indonesia’s Religious Courts, focusing on the interaction between Islamic legal principles, child welfare considerations, and multicultural social realities. Using a normative-qualitative approach, the study analyzes statutory regulations, judicial decisions, and relevant Islamic legal doctrines to identify challenges in implementing hadhanah rulings after divorce. The findings reveal that although Religious Courts consistently prioritize the principle of the best interests of the child, the execution of custody decisions often encounters obstacles, including parental resistance, socio-cultural norms, and limited enforcement mechanisms. Multicultural contexts—such as differing religious interpretations, family structures, and local customs—further complicate the effective realization of judicial decisions. The study argues that the gap between normative legal ideals and practical enforcement undermines child protection and legal certainty. It proposes strengthening judicial discretion, enhancing mediation mechanisms, and integrating child-centered and culturally sensitive approaches into hadhanah execution. This article contributes to the discourse on Islamic family law by highlighting the need for a more responsive and welfare-oriented framework in implementing custody decisions within Indonesia’s plural legal and social landscape
Re-Evaluating Contractual Relativity: Third-Party Effects in Islamic and Positive Legal Frameworks Chami, Yassine; Khater, Maya
Mazahib Vol 24 No 2 (2025): VOLUME 24, ISSUE 2, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i2.11151

Abstract

This study compares the principle of contractual relativity and its exceptions regarding third-party effects in Islamic jurisprudence and positive law. Employing a doctrinal-comparative methodology, it identifies key convergences and divergences in how both systems treat general successors, special successors, and creditors. The research finds that while both systems uphold the core principle, they develop distinct mechanisms for third-party protection, rooted in different foundational philosophies (Sharia vs. autonomy of will). A key novelty lies in the critical analysis revealing that classical juristic tools (like waqf, wasiyya) serve functions analogous to, but conceptually distinct from, positive law exceptions (like stipulation pour autrui). The study concludes that technological advancements necessitate contextual application of the principle, not its abandonment, and offers targeted recommendations for legal harmonization and judicial training to enhance transactional justice and stability.
Co-Authors Abdurahman, Ali Alshawabkeh, Mohammad Abdallah Benseghir, Mourad Ezzerouali, Souad Indra Perwira, Indra Khater, Maya Novendri M Nggilu Putri, Viorizza Suciani Zulkifli Zulkifli