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All Journal ASAS : Jurnal Hukum Ekonomi Syariah SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Fauzi, Moh. Yasir
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Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Putusan Nomor 46 PK/Ag/2020 juncto Putusan Nomor 847/Pdt.G/2019/PA.Tng) Terhadap Sengketa Hybrid Contract Zahro, Ana Latifatuz; Fauzi, Moh. Yasir; Pratiwi, Nindia
ASAS Vol. 16 No. 1 (2024): Asas, Vol. 16, No. 01 Juni 2024
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.v16i1.21521

Abstract

Tangerang Religious Court Decision Number 847/Pdt.G/2019/PA.Tng which has legal force is still requested for judicial review. So that the Supreme Court of the Republic of Indonesia in Decision Number 46 PK/Ag/2020 canceled decision Number 847/Pdt.G/2019/PA.Tng and re-adjudicated with the ruling of refusal. There are differences of opinion in legal considerations between Judex Facti Decision Number 847/Pdt.G/2019/PA.Tng and Judex Juris Decision Number 46 PK/Ag/2020. The qualitative research method uses a type of library research with descriptive analytical research. The results of the discussion show that Judex Facti granted the tort claim with his legal consideration that the elements of tort were proven. While Judex Juris the elements of tort are not proven. Legal interpretation as the core of legal hermeneutics aims as an intermediary in the context of legal discovery by judges in court. The method of legal hermeneutics with interpretation, namely conducting an examination of the texts of sharia economic dispute documents. In order to avoid differences of opinion in terms of sharia economic disputes, especially tort or default, it is necessary to make a circular letter of the supreme court. In sharia transactions, the parties before signing the contract should be read and researched to understand the contents of the contract.Keywords: Hermeneutics; Sharia Economic Dispute; Hybrid Contract
Challenges in Interfaith Marriage: Literature Review of Faith Values ​​and Their Implications for Families Faizal, Liky; Fauzi, Moh. Yasir; Kamaruddin, Mohd Khairi; Qohar, Abd.
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/trnc2372

Abstract

This study makes an original contribution by analyzing the challenges in interfaith marriages from the perspective of religious values ​​and their impact on the family. Although the topic of interfaith marriages has been widely discussed, this study focuses on identifying the challenges and dynamics related to religious values ​​that affect relationship stability and their implications for the family in a global context. This study uses a systematic and in-depth literature analysis approach to explore various relevant literature. The method used in this study is a literature review with a cluster analysis approach. Data were obtained through the use of publication tools such as Perish and VOSviewer to select 60 scientific articles related to the topic of interfaith marriage. There are 4 clusters produced, namely Cluster 1 (Red): in this cluster there are 13 items related to interfaith marriage and will be labeled "Marriage Rules with Different Cultures". Cluster 2 (Green): this cluster explains the label "Ethnic Acculturation in Marriage". Cluster 3 (Blue): This cluster is divided into 13 keywords items consisting of "Ethography in Marriage". Cluster 4 (Yellow): This yellow cluster consists of 7 keyword items, which will be labeled "Racist Actions against Children from Interfaith Marriages". The practical implications of this study provide insight for couples considering or in interfaith marriages to understand the challenges that may arise due to differences in beliefs. In addition, this study also suggests the need to increase tolerance and awareness of interfaith in society so that families in interfaith marriages can grow harmoniously.
Co-Authors Kamaruddin, Mohd Khairi Liky Faizal Pratiwi, Nindia Qohar, Abd. Zahro, Ana Latifatuz