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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat Mazahib: Jurnal Pemikiran Hukum Islam
Halim, Ahmad Rasyidi
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Formulation for Forced Marriage Prevention through the Decision of Wali Mujbir in Religious Courts and its Relevance with Maqȧṣid Syari‘ah and Human Rights Halim, Ahmad Rasyidi; Al Amruzi, M. Fahmi; Jalaluddin, Jalaluddin
Mazahib Vol 23 No 1 (2024): VOLUME 23, ISSUE 1, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i1.6189

Abstract

Based on the Annual Report of the Indonesian Religious Court and Religious Court Decisions throughout Indonesia year 2020-2021, there were 5,080 divorces caused by forced marriages and 3446 divorces caused by arranged marriages without the basis of love. The number of cases shows that the practice of forced marriages and arranged marriages without love is still rife, which is the cause of divorce in society. Based on this background, this research probes efforts to prevent forced marriages through religious courts by proposing the wali mujbir prevention norm in the marriage law. Through this norm, children or parties under guardianship can file a case to the Religious Court to prevent forced marriages they are experiencing. This study shows that creating the wali mujbir prevention norm in the marriage law aims to accommodate the role of children actively, directly, and independently to prevent forced marriages against themselves by marriage guardians. If the marriage guardian is proven to have taken forced actions to marry off a child or person under his guardianship, then the marriage guardian is declared a wali mujbir, as stated in the ruling of the religious court. This proposal is one of the efforts to reduce the high number of divorces in society.
ISTIHSĀN, MENGAPA DITENTANG? (PRO-KONTRA KEHUJJAHAN ISTIHSĀN) Halim, Ahmad Rasyidi
Nurani Vol 17 No 2 (2017): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v17i2.1843

Abstract

During the time of Imam Hanafi, there was a spreading of false hadiths, so he was very careful about it, so that when there is a case that is not found in the Qur'an or shahih hadith, one of the methods used is istihsān, unlike Imam Syafi 'i which in its time is increasingly widespread of personal groups and groups that refused against sunnah, so people when it prefers to use the mind rather than the nash, the social influence makes Imam Shafi'i harder in terms of purifying the primary teachings of Islam namely the Qur'an and sunnah, thus limiting the use of reason and reason, including the good presumption in deciding a case on the basis of reason and lust. This is the background why Imam Hanafi accepted istihsān and on the contrary Imam Shafi'i refused.
Co-Authors Jalaluddin Jalaluddin M. Fahmi Al Amruzi, M. Fahmi