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All Journal al-Afkar, Journal For Islamic Studies Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum
M. Waritsul Firdaus. F
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Leadership in the Family from the Perspective of Modern Family Jurisprudence M. Waritsul Firdaus. F; M. Shofwan Taufiq
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i1.1137

Abstract

The evolving view in society regarding the status and role of women is still divided into two opposite poles. On the one hand, it is generally argued that women should be in the home, serve their husbands and only have a domestic role. Meanwhile, on the other hand, there is also a growing notion that women should be free in accordance with their right to freedom. In this study, the authors used a type of library research. The primary data source in this study is progressive Muslim fiqh. The secondary data sources are books that support the author to supplement from the primary data source. The result of this study is Q.S. An-Nisa: 34 it is often mistaken that all men are female leaders, including in the family. The word ar-rijal in question is a man in particular, that is, a certain husband because of the consideration of the continuation of the verse because they provide for part of their property. So here is a continuation of the verse God has exaggerated some of them over others, which shows that the man in question is the one who has advantages in various respects from the female
Sasuku Marriage: A Cultural Instrument in National Legal Studies Nailatur Rahmadiah; M. Waritsul Firdaus. F
al-Afkar, Journal For Islamic Studies Vol. 7 No. 1 (2024)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v7i1.910

Abstract

Each tribe has a philosophical belief in life as a social identity. Like the Minangkabau culture, there is a prohibition on marriage which is called Sapayuang marriage (Marriage of the same tribe). The same tribe in Minangkabau is prohibited from marrying even if they are far apart in generations. This pluralism certainly gives rise to legal dualism that occurs among indigenous communities. Therefore, it is deemed necessary to carry out this research to see what actually happens in society regarding tribal marriages and respond to the legal dualism that occurs in tribal marriage practices. In this writing, the author uses a type of library research. The primary data source used in this research is marriage law. One example of secondary data is books that encourage authors to develop primary data. The results of this research are that there are no sanctions regarding the prohibition of tribal marriages in the law. As long as there is no prohibition on sasuku marriage according to the law, it is legal to do so, but if sasuku marriage is carried out by the Minangkabau indigenous people they will receive sanctions, sanctions in the form of slaughtering a buffalo, being ostracized from society and some also depend on each region which determines it.
Co-Authors M. Shofwan Taufiq Nailatur Rahmadiah