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All Journal Jurnal Ilmiah Al-Syir'ah Al-Istinbath: Jurnal Hukum Islam
Fadhilah, Defi Rahmi
Unknown Affiliation
Religion Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Jurimetrics Implementation of Determining Wife's Rights in Divorce in Talu Religious Court Fadhilah, Defi Rahmi; Salma, Salma; Elfia, Elfia; Mawaddah, Arini Alfa
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2498

Abstract

This study delves into post-divorce wives' rights, particularly examining the impact of Jurimetrics. Divorce rulings often inadequately support these rights. The Talu Religious Court, part of the Padang High Religious Court, employs Jurimetrics due to disputes over divorce-related issues. Through normative legal research and content analysis, it's evident that Jurimetrics-influenced decisions notably enhance wives' rights compared to non-Jurimetrics rulings. These decisions prioritize fairness by considering factors like minimum wage, husband's income, and marriage duration. Notably, the application of Jurimetrics in divorce proceedings consistently leads to more equitable and just outcomes for wives, presenting a systematic and fair approach rooted in principles of fairness and justice. Overall, employing Jurimetrics significantly bolsters the protection of post-divorce wives' rights, providing a methodological framework founded on fairness and equity within divorce adjudications.
Between Flogging and Imprisonment: The Disparity Effect of the Sharia Court's Decision on the Supremacy of the Qanun Jinayat of Aceh Salma, Salma; Rama, Alfi Syukri; Jarudin, Jarudin; Samsudin, Muhammad Adib bin; Fadhilah, Defi Rahmi
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i2.8397

Abstract

This research aims to map the same cases with different sentencing decisions, determine the causes for the disparities in penalties in those decisions, and elaborate on the reasons for judges in making decisions. Qanun Jinayat of Aceh has designated flogging as the primary punishment for qanun violators. Nonetheless, many Sharia Court judges sentence offenders of sexual crimes to prison. This is empirical legal research with a normative juridical approach and a Sharia approach. Data were collected through interviews and the examination of decision documents. Those data were analyzed using data reduction, data display, and data verification. This research found that the same cases with different decisions include cases of rape, sexual harassment, and accusations of adultery. More prison sentences are imposed by Sharia Court judges in these cases than flogging and fines. The fundamental reason for these differences in decisions is due to the qanun's punishment choices, which are tinted by judges' perspectives in assessing Sharia-based qanun rules. Another factor for this disparity is the community's insistence that cases of rape and sexual harassment be punished by imprisonment or the authority to be remanded to the District Court. Some people argue that flogging has not deterred the perpetrators because, if the judge decides on this sentence, it may be carried out in a short time. Then, the perpetrator immediately returns to society and has an opportunity to repeat his crimes, while the victim is still in a traumatized state.
Co-Authors ALFI SYUKRI RAMA, ALFI SYUKRI Elfia Elfia Jarudin Jarudin Mawaddah, Arini Alfa Salma Salma Samsudin, Muhammad Adib bin