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All Journal Al Fuadiy: Jurnal Hukum Keluarga Islam Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum Tadhkirah: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Nur Najwa
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Perubahan UU No.16/2019 Tentang Batasan Minimum Pernikahan Noor Izzati Amelia; Nur Najwa; Nor Harika
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 5 No. 1 (2023): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v5i1.451

Abstract

In general, there are many marriages in Indonesia with various kinds and ages. Many underage marriages also occur in Indonesia because there are still many people who do not understand the importance of the age of adulthood to enter into marriages, causing many impacts from underage marriages. The impact is that there are many divorces, death for the mother and child due to the age for the mother who is too young and does not have the physical and mental strength so that it can interfere with the child in her womb. Marriage which takes place among minors is one of the phenomena that is very common in social life which is very widespread everywhere, both in urban and rural areas. Because some of the people who still do not understand the impact that will arise as a result of underage marriages consider underage marriages to be normal. The purpose of writing this journal is to find out the changes to Law NO.16/2019 regarding the minimum limit for marriage. The research method used is normative juridical with a statute approach. The data used is secondary data which examines library materials originating from laws and regulations, government regulations, books, journals, and mass media which are arranged into sentences and grammar that are interrelated with legal research.
Tinjauan Yuridis terhadap Sengketa Wakaf dalam Praktik Peradilan Agama Noor Izzati Amelia; Nur Najwa; Noor Halimah; Nor Harika
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 2 No. 2 (2025): Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v2i2.1514

Abstract

Waqf is a significant instrument in Islamic teachings that functions not only as a form of worship but also plays a strategic role in enhancing the social and economic welfare of society. However, in practice, waqf often faces various legal challenges, such as the validity of the waqf declaration, the appointment of nazhir (waqf managers), and conflicts between heirs and beneficiaries. This study aims to provide a comprehensive understanding of the strategic position of waqf, analyze the root causes of legal issues that arise in its management, and evaluate the role of the Religious Courts in resolving waqf disputes fairly. The research method used is normative juridical, with a literature review approach focusing on Law Number 41 of 2004 concerning Waqf and various relevant legal sources. The findings reveal that waqf disputes commonly involve issues of legality, asset exchange or sale, and the annulment of waqf declarations. The study also identifies disparities in judicial decisions, influenced by differences in the judges’ educational backgrounds and legal approaches. Therefore, there is a need to strengthen national jurisprudence as a reference in waqf-related cases, provide training for nazhir to enhance professionalism, improve the capacity of judges in Religious Courts, and promote legal education among the public. These efforts are expected to create a more just, consistent, and effective dispute resolution system, thereby supporting the productive and sustainable management of waqf assets.
Pernikahan Beda Agama dalam Konteks Multikultural: Kajian Hukum Islam Berdasarkan Kaidah-Kaidah Qawaid Fiqhiyyah Al-Ammah Nur Najwa; Dina Safitri; Ahmad Arif Setiawan; Lisnawati Lisnawati
TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah Vol. 2 No. 2 (2025): TADHKIRAH : Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/tadhkirah.v2i2.123

Abstract

This study examines the application of Qawaid al-Fiqhiyyah al-Ammah in the legal framework of interfaith marriage within Indonesia’s multicultural society, characterized by religious and cultural diversity. The research background highlights the challenge of aligning sharia principles with the social dynamics of a multicultural context, particularly concerning the potential harm of interfaith marriages. The objective is to understand how fiqh principles, such as Ad-Dhararu Yuzal and Kullu Syarthin Mukhaalif Li Ushul al-Syari’ah Fa Huwa Baathil, serve as methodological tools to evaluate the law of interfaith marriage. A qualitative approach is employed, utilizing normative-juridical and descriptive-analytical methods. The normative-juridical analysis involves studying the Qur’an (Surah Al-Baqarah: 221 and Al-Maidah: 5) and fiqh principles, while the descriptive-analytical approach explores the perspectives of fiqh schools (Hanafi, Maliki, Shafi’i, Hanbali) and Indonesia’s social realities. Data were collected through a literature review, including classical fiqh texts, academic journals, and contemporary Islamic legal documents, analyzed deductively and inductively. The study provides a comprehensive understanding of the flexibility of fiqh principles in addressing interfaith marriage challenges while upholding sharia and minimizing social harm.
Perampokan Dalam Perspektif Hukum Pidana Islam Nur Najwa; Nabila Anggraini; Herlina Herlina; Surya Sukti
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 2 (2024): Juni : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v1i2.215

Abstract

. Robbery (hirâbah) in Islamic criminal law (fikih jinayah) is defined as the act of taking someone else's property forcibly and openly on a public road by using violence or the threat of violence. Hirâbah is classified as jarîmah hudud because the type and punishment are strictly determined by shara'. Proof of jarîmah hirâbah in Islamic criminal law is based on the perpetrator's confession (iqrâr), testimony (shahâdah), and strong clues/indications (qarînah) that lead to the occurrence of the jarîmah. Legal sanctions for the perpetrators of hirâbah have been stipulated in the Quran surah Al-Maidah verse 33, which consists of the death penalty, crucifixion, cross-cutting of hands and feet, and exile / imprisonment.
Co-Authors Ahmad Arif Setiawan Dina Safitri Herlina Herlina Lisnawati Lisnawati Nabila Anggraini Noor Halimah Noor Izzati Amelia Nor Harika Surya Sukti