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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Arifuddin Muda Harahap
Universitas Islam Negeri Sumatera Utara, Indonesia
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Towards Substantive Justice: Reforming Islamic Family Law Regarding the Division of Marital Property in Indonesia Muhammad Nawawi; Ansari Ansari; Arifuddin Muda Harahap
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 2 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i2.10905

Abstract

The division of marital property in marriage constitutes a complex issue within Islamic family law in Indonesia. The Compilation of Islamic Law (KHI) stipulates that, in the event of divorce, both former spouses are each entitled to 50% of the marital property. However, the principle of justice is not merely determined by numerical equality but also by considering each party’s contribution and socio-economic circumstances. This study focuses on formulating an ideal legal framework for the regulation of marital property in Indonesia to ensure justice for all parties involved. The primary aim of this research is to propose a legal model for the division of marital property that is more adaptive to social realities and capable of ensuring substantive justice. The study adopts Werner Menski’s triangular concept of legal pluralism, integrating normative, empirical, and philosophical approaches. It employs a qualitative method, combining library research with in-depth interviews with religious court judges. The findings reveal that although the KHI prescribes an equal division of marital property, in practice judges may exercise their ex officio authority to adjust rulings in order to achieve fairness. An ideal regulation should not rely solely on formal equality but must also take into account the actual contributions of each party in acquiring the marital property. A progressive legal approach is necessary for Islamic family law to become more responsive to societal developments and to guarantee substantive justice for the parties concerned.
Bureaucratic Contestation in the Resolution of Divorce Cases Among the Muslim Community in Langsa City, Aceh Muhazir Muhazir; Muhammad Syukri Albani Nasution; Arifuddin Muda Harahap
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 1 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i1.11056

Abstract

The issue of divorce in Aceh is multifaceted, encompassing the interplay between customary law and the Sharia Court in resolving family disputes. While Indonesian national law governs divorce through formal judicial proceedings, many in Aceh opt for settling divorces through customary institutions aligned with Islamic values. This study aims to examine the role of these customary institutions in divorce resolution within Langsa City, Aceh, and to explore the factors influencing the community's choice of either customary law, the Sharia Court, or both. The research adopts a juridical-empirical approach with a legal pluralism framework, combining an analysis of formal legal structures with the practical legal realities in local communities. Data was collected through in-depth interviews with local residents, religious figures, and leaders of customary institutions in Langsa. The results reveal a clear tension between customary practices and the national legal system in divorce matters, with a significant portion of the population preferring customary procedures due to their accessibility and greater social acceptance. However, such customary decisions lack formal legal recognition, leading to uncertainty regarding the post-divorce rights of women and children. This study offers valuable insights into the evolving divorce practices in Aceh, shedding light on the intersection of customary law, Sharia law, and national legislation. It also suggests that greater integration of these legal systems is necessary to ensure a more just and transparent process for divorce resolution in the region.
The Implementation of the Basic Agrarian Law in Fulfilling the Principle of Justice from the Islamic Legal Perspective Abdul Muthalib; Pagar Pagar; Arifuddin Muda Harahap
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5039

Abstract

The Basic Agrarian Law (UUPA) is an important legal foundation that regulates the utilization and management of agrarian resources in Indonesia. The principle of justice is one of the main principles sought in the implementation of the UUPA, aiming to create a fair and equitable distribution for all segments of society. This article analyzes how the implementation of the UUPA fulfills this principle of justice from an Islamic legal perspective. Islamic law emphasizes the importance of distributive justice, wise management of resources, and protection of the rights of vulnerable groups. This study uses a literature review method, examining related literature on the UUPA, agrarian law, and the principles of justice in Islamic law. The findings of the study show that there is alignment between the values of justice in the UUPA and the concept of justice in Islamic law, particularly regarding land rights distribution and the management of agrarian resources. However, challenges remain in implementing these principles, such as disparities in access and agrarian conflicts, which require fair resolutions in line with Islamic guidance. The article concludes that achieving substantive justice in agrarian management requires synergy between national law and the principles of justice in Islamic law
Co-Authors Abdul Muthalib Ansari Ansari Muhammad Nawawi Muhammad Syukri Albani Nasution Muhazir Muhazir Pagar Pagar