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All Journal Jurnal Penelitian Hukum De Jure Indonesian Journal of Criminal Law Al-Bayyinah
Wafa, Zaein
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Religion Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Age Limit of Marriage in Islamic Family Law: A Comparative Study between Morocco, Pakistan, Malaysia, and Indonesia Wafa, Zaein; Izzuddin, Ahmad; Rosidi, Achmad
Al-Bayyinah Vol. 8 No. 1 (2024): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v8i1.6351

Abstract

The renewal of marriage laws in the Islamic world is not a new thing but has been debated since ancient times. The cause of these differences began with the rise of awareness from the community and scholars that the concept of Fiqh used was no longer in line with the times, so there needed to be a new legal reform that was in line with the demands of the Islamic community, especially in marriage in determining the age limit of marriage that occurred in Asian countries namely Morocco, Pakistan, Malaysia, and Indonesia. The development of knowledge about the situation and conditions of the developing community at that time was one of the factors that triggered family law reform. The method used in this writing is library research, with a legal analysis approach. so it involves an analysis of the legal regulations and provisions that apply in Islam. The regulation analysis carried out involves a comparison of family law in various countries related to the age limit of marriage. The discussion is interesting because it will provide consideration of the ideal age of marriage reviewed from the positive law of the country, and will know the historical side of the provision of age limits in marriage in comparative law in the country so that it is obtained in its application in the Islamic country it is different but not far from the age recommended in reaching adulthood and maturity of thinking, mental readiness because each country has its limits to measure the maturity of children to get married.
Government Tips In Severe Human Rights Conflicts In Political Legal: Case Study Of Papua Wafa, Zaein
Indonesian Journal of Criminal Law Vol. 6 No. 1 (2024)
Publisher : ILIN Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31960/ijocl.v6i1.2369

Abstract

Indonesian government has taken various measures to strengthen the status and identity of Papua, which continues to evolve with each change in administration. After the status of Papua as a Military Operations Area was revoked in 1998, a significant number of troops continue to be deployed to Papua. Numerous human rights violations persist in Papua to this day. Over the years, the government has sought to enhance security in Papua by deploying military personnel, such as the TNI and Polri. However, instead of ensuring safety in Papua, the number of casualties, both among civilians and military personnel, continues to rise. This study aims to examine the human rights conflicts experienced by the Papuan community. The research gathers descriptive data through a qualitative case study of literature. The findings indicate that human rights violations are likely to persist in Papua in the coming years. The central government of Indonesia has been criticized for its failure to establish peace and prosperity in Papua. This has led many Papuans to express a desire to leave the NKRI. Another contributing factor is the slow and often delayed judicial process, which is attributed to poorly designed components of the legal system.
Eksistensi Fiqih Wali Mujbir Syafi’i Ditinjau dari UU No.12 Tahun 2022 tentang Kejahatan Kekerasan Seksual Wafa, Zaein; Azmi, Miftahudin
Jurnal Penelitian Hukum De Jure Vol 24, No 3 (2024): November Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2024.V24.279-294

Abstract

Forced marriage by guardians is recorded as a form of sexual violencein Indonesia. Government regulation Article 10 of Law No. 12 of 2022explains that forced marriage is divided into 3, namely child marriage, inthe name of culture, and rape victims. The background of this research isdue to the problem of the great authority held by the guardian of the mujbiras the guardian of the marriage of children or grandchildren. This greatauthority is in the form of forced marriage carried out by the guardian ofthe mujbir without the consent of the bride. The concept of the guardian ofthe mujbir is a concept contained in the views of the Imam Syafi’i schoolof thought, as one of the schools of thought widely used in Indonesia. Thepractice of the guardian of the mujbir in Indonesia certainly raises problemswhen associated with the provisions of Article 10 of Law Number 12 of2022, which states that forced marriage is a criminal act of sexual violence.So there are two legal problems. First, is it possible for the view of theImam Syafi’i school of thought on wali mujbir to be applied in Indonesiasecond, how is the legitimacy of the authority to force marriage held by thewali mujbir reviewed from the objectives of Islamic law maqashid shariaBy using the normative legal research method with a conceptual approachand literature study method, the results obtained are that the concept ofwali mujbir is contrary to Law Number 12 of 2022 because it causes forcedmarriage which is a criminal act of sexual violence so that the view onthe concept of wali mujbir cannot be implemented in Indonesia. Viewedfrom the perspective of its benefits, the concept of wali mujbir is not morebeneficial. It causes more forced marriage practices and does not protectwomen and their rights.
Co-Authors Achmad Rosidi, Achmad Ahmad Izzuddin Miftahudin Azmi