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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Al Fuadiy: Jurnal Hukum Keluarga Islam Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Politika Progresif : Jurnal Hukum, Politik dan Humaniora Tadhkirah: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Nor Harika
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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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.
Hakikat dan Tujuan Sanksi Pidana Islam Nor Harika; Dina Safitri; Nina Nirmalasari; Surya Sukti
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 2 (2024): Juni : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i2.247

Abstract

Islamic criminal or Fiqh Jinayah regulates criminal activities carried out by Mukhallaf. This act is classified as a criminal act because it disturbs the public and violates the rules of the Koran and Hadith.The aim is to enforce Islamic law for the benefit of the people. This crime is called jarimah and is punished with ukubah. Jarimah is divided into Hudud, Kishash, and Ta'zir. The difference in types of jarimah lies in the rights permitted. Hudud violates Allah's rights and Kishash violates individual rights. Ta'jil is a mixture of both. An example of Jarimah Kishash and Diyat is murder.
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.
Kaidah Al-Adatu Muhakkamah dalam Perkawinan Adat : Khususnya Perkawinan Adat Dayak Ngaju dan Adat Banjar Nor Harika; Ilham Perdana A; Khairunnisa Khairunnisa
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.v2i2.124

Abstract

This research examines the implementation of the Islamic legal maxim "Al-'Ādatu Muḥakkamah" (custom can be established as law) in the context of Indonesian traditional marriages. Using a normative-empirical approach, the article analyzes the foundations of this maxim from the Qur'an and Hadith, as well as its application to the traditional marriage practices of the Dayak Ngaju and Banjar communities. The findings indicate that the Palaku tradition among the Dayak Ngaju community and the Jujuran tradition among the Banjar community demonstrate compatibility with Islamic legal principles through the application of the Al-'Ādatu Muḥakkamah maxim, although certain aspects require adjustment. This article also elaborates on efforts to harmonize Islamic law and customary law within Indonesia's national legal system. The research concludes that the Al-'Ādatu Muḥakkamah maxim provides a theoretical foundation that enables the accommodation of local cultural values within the framework of Islamic law, thus creating a legal system relevant to the socio-cultural context of Indonesian society.
DAYAK CUSTOMARY PRACTICES FOR PREGNANT WOMEN OUT OF WEDLOCK IN SERUYAN REGENCY Nor Harika; Abdul Khair; Sabarudin Ahmad
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 5 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i5.4294

Abstract

Out-of-wedlock pregnancies in Seruyan Regency are stigmatised and punished according to customary law. This issue often leads to social exclusion, gossip, forced marriages, and the obligation to pay singers as a customary sanction for allegedly violating morals and traditional norms. The aim of this study is to investigate the imposition of singers on women with out-of-wedlock pregnancies and its impact on their social and psychological lives. This research was conducted through an empirical approach involving participatory observation, literature study, and semi-structured interview methods. The results indicate that customer singers are more social and informal, and women experience greater stigma. Among the effects that arise are the loss of the right to choose a partner, neglect within marriage, delay in education, and expulsion from the community. The community views this as a way to preserve family dignity and village reputation however, the implementation of sanctions tends to contradict
Co-Authors Abdul Khair Ahmad, Sabarudin Dina Safitri Ilham Perdana A Khairunnisa Khairunnisa Nina Nirmalasari Noor Halimah Noor Izzati Amelia Nur Najwa Surya Sukti