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All Journal Interdisciplinary Social Studies Muwazah: Jurnal Kajian Gender
Ismayana Ismayana
Universitas Swadaya Gunung Jati
Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Resolving inheritance disputes due to Munasakhah through the concept of Tabayyun and Ta’awun Azzahra Atu Prabangso; Faradila Dwi Ayu Saskhia; Gusti Yosi Andri; Ismayana Ismayana; Rika Lailatus Solihah
Interdisciplinary Social Studies Vol. 3 No. 4 (2024): Regular Issue: July-September 2024
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v3i4.709

Abstract

The delay in the distribution of inheritance from the perspective of Islamic law is one of the crucial issues because it can trigger various conflicts among heirs. The purpose of this study is to apply the concepts of Tabayyun and Ta'awun as a dispute resolution mechanism in the inheritance distribution that has been postponed for a long time in a non-litigation manner and is based on maqasid as-sharia. This research is important to provide understanding and knowledge about the delay in implementation of inheritance distribution which can trigger disputes and divide relationships in the family. The qualitative analysis method was used to obtain a more comprehensive understanding related to the resolution of inheritance disputes that occur due to the delay of the distribution or munasakhat. The results show that lack of understanding of fiqh of Islamic inheritance is a key factor causing disputes among families. The lack of clarity in the identification of the right heir is also a major factor triggering disputes among the families. In addition, the lack of knowledge of the udzur shari'i recognized in Islam can also cause conflicts among family members. The aim of this paper is to use the concept of Tabayyun and Ta’awun to resolve inheritance disputes. The study also discusses the role of religious leaders, such as ustadz or kyai, in maximizing the mediation stage at the court level in order to realize the principle of simple, fast, and low-cost justice as stipulated in the Judicial Power Law, potentially offering strategies to enhance the efficiency and cost-effectiveness of legal processes in inheritance dispute resolution.
Juridical Analysis of the Criminal Act of Sexual Violence of Children from the Perspective of Criminal Law in Indonesia Ismayana Ismayana
MUWAZAH : jurnal kajian gender Vol 17 No 2 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/muwazah.v17i2.10252

Abstract

This study focuses on analyzing the enforcement of criminal law in cases of sexual intercourse with children in Indonesia, with particular attention to the balance between legal certainty and victim-oriented justice. The research aims to examine the extent to which criminal justice practices have accommodated the interests of child victims, to identify the limitations of a retributive approach, and to propose an alternative conceptual framework based on the theory of Dignified Justice.This research employs a normative legal research method using statutory, conceptual, and theoretical approaches, complemented by secondary empirical analysis of Decision of the Kuningan District Court Number 5/PID.SUS/2024/PN.KNG. Data were collected through a literature review of primary, secondary, and tertiary legal materials, including legislation, court decisions, reputable international journals, and relevant academic literature. Data validity was ensured through source triangulation and theoretical triangulation to maintain consistency, reliability, and analytical accuracy. The findings indicate that sentencing in this case reflects normative firmness and proportionality in accordance with positive law. However, the criminal justice process remains dominated by an offender-oriented approach and has not explicitly incorporated victim recovery mechanisms, such as restitution and psychological rehabilitation. As a result, the justice delivered tends to be merely symbolic from the victim’s perspective. This study also identifies that sexual crimes against children are influenced by a combination of internal offender-related factors and structural external factors. From the perspective of Dignified Justice, this research emphasizes the urgency of reformulating child criminal law to integrate offender punishment, victim recovery, and structural prevention as unified objectives of criminal justice.
Co-Authors Azzahra Atu Prabangso Faradila Dwi Ayu Saskhia Gusti Yosi Andri Rika Lailatus Solihah