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All Journal El-Faqih : Jurnal Pemikiran dan Hukum Islam IBDA': Jurnal Kajian Islam dan Budaya Legitima : Jurnal Hukum Keluarga Islam
Dinda Difia Madina
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Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Perspektif Islam terhadap Program Bayi Tabung: Etika, Hukum, dan Hak Waris Ahmad Sofyan Fauzi; Dinda Difia Madina; M. Rosyid Irfan Alfani
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 1 (2024): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v10i1.1151

Abstract

Fertilization (IVF) program, especially in the context of ethics, law and inheritance rights. By exploring religious texts and the views of ulama, this research discusses ethical considerations related to the use of artificial reproductive technology in Islam as well as legal interpretations related to its implementation. Apart from that, this research also reviews how Islamic inheritance law regulates the position of children born through IVF. The research method used is the qualitative descriptive method which allows researchers to describe phenomena or research topics in depth, without requiring quantitative measurements. The results of this research show that several ulama' consider the IVF program to be controversial because it is considered to violate natural law or Sunnatullah and is associated with the practice of adultery. However, fatwas from the MUI and NU guide the halalness of the IVF procedure by taking into account religious values ​​and the needs of married couples. In Indonesia, the implementation of this program is regulated by Undang-Undang Nomor 36 Tahun 2009 concerning Health and the MUI fatwa which allows the use of sperm and ovum from legal husband and wife couples. The legal status of children resulting from IVF refers to the Civil Code and Law Number 1 of 1974, with legal recognition depending on the use of donor sperm and surrogate mother. Children born through IVF using the husband's sperm are considered legitimate children with inheritance rights, while inheritance laws for children using donor sperm and surrogate mothers require further consideration.
Acculturation of Islam and the Sinamot Tradition: Marriage Dynamics of the Angkola Batak Community 1980-2023 Padlan Padil Simamora; Nurul Hak; Dinda Difia Madina; Ahmad Rezy Meidina; Mega Puspita; Anwar Zein
IBDA` : Jurnal Kajian Islam dan Budaya Vol. 22 No. 1 (2024): IBDA': Jurnal Kajian Islam dan Budaya
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/ibda.v22i1.10610

Abstract

Islamisation in the Indonesian archipelago has been ongoing for centuries. Islam emerged as an influential force in the history of the archipelago. The entry of Islam into Indonesia, a country diverse in culture, led to culture and religion being closely linked. In the Angkola Batak tradition, ancestors' teachings remained embedded in everyday life until after the arrival of Islam, when acculturation and interrelationships took place between Islamic culture and religion. This study uses a qualitative research method, with a library research approach focusing on the acculturation of Sinamot (dowry) culture in the Batak Angkola community of South Tapanuli. The study findings cover three aspects of the topic. First, the social condition of the Angkola Batak community, which adheres to the dalihan na tolu social structure as a benchmark for communicating, acting, and resolving social problems. Second, the interrelationship between customs and Islam in the Sinamot tradition (one of the series in Angkola Batak marriages) in determining the amount of Sinamot is attended by the nuclear family from both parties to resolve the specified amount. Finally, it was discovered that there were changes in the banquets in the deliberation, such as abandoning forms prohibited in Islamic teachings, such as those involving the consumption of pork and palm wine, and also changes in the Sinamot tradition in the marriages of the Angkola Batak community due to several factors, including changes resulting from the move from traditional to modern times, and the wishes of the Batak Angkola community to familiarise themselves with and keep up with the times. The introduction of Islam provided a systematic and logical variation, allowing society to easily accept it at wedding ceremonies.
Integrating Islamic Family Law and Gender Equality: A Comparative Study of Legal Reform and Social Norms in Contemporary Indonesia and Morocco Ahmad Ash Shiddieqy; Akhmad Roja Badrus Zaman; Sumayyah Faqihah; Muhammad Nur Fathoni; Dinda Difia Madina
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v7i2.7101

Abstract

Purpose - This study analyzes how the reform of the Islamic family law framework in Indonesia and Morocco interprets and accommodates gender equality values in their respective socio-legal contexts. Method – This study uses qualitative methods and literature analysis. The main sources include the Indonesian Marriage Law No. 1 of 1974 and the Moroccan Family Code of 2004 (Mudawwanah al-Usrah). The data were analyzed thematically to identify similarities and differences in the rules and application of gender-inclusive legal norms in Indonesia and Morocco. Findings – Both legal systems are rooted in Islamic Sharia principles and provide formal protections for women and children, such as women's right to file for divorce and the priority of children's welfare in custody decisions, but they differ in the structure of gender relations. Morocco has adopted an egalitarian model that recognizes wives as legal partners equal to their husbands. Meanwhile, Indonesia maintains a hierarchical model in which the husband is placed as the head of the family, reflecting the patriarchal norms that still prevail. This difference highlights the interaction between legal reform and the dominant social and cultural logic. Research implications – This study offers critical insights into the capacity of Islamic family law to adapt to greater gender inclusivity. Originality/value – This study contributes to the discourse on Islamic legal reform by illustrating how gender equality can be negotiated within sharia-based legal systems.
Co-Authors Ahmad Ash Shiddieqy Ahmad Rezy Meidina Ahmad Sofyan Fauzi Akhmad Roja Badrus Zaman Anwar Zein M. Rosyid Irfan Alfani Mega Puspita Muhammad Nur Fathoni Nurul Hak Padlan Padil Simamora Sumayyah Faqihah