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All Journal An Nawawi Jurnal Hukum Islam
Subhan Nugraha, Iqbal
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Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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EXOGAMI MARRIAGE BETWEEN SHARIFAH AND NON-SAYYID: STUDIES IN SOCIOLOGY AND FAMILY LAW Aziz, Abdul; Subhan Nugraha, Iqbal
An Nawawi Vol 4 No 2 (2024): An Nawawi
Publisher : Sekolah Tinggi Ilmu Fikih Syeikh Nawawi Tanara Serang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55252/annawawi.v4i2.56

Abstract

This study aims to identify and analyze the factors that affect the obligation of equality of destiny in Sharifah marriage in East Jakarta. Equality of destiny is considered important in the Shari'ah marriage tradition, with several key factors influencing this view. The research method uses a qualitative approach with in-depth interviews with seven Habaib informants. Data were collected to explore their views on the obligation of equality of destiny and its implications in Sharifah marriage. The results of the study show that there are three main factors that underlie the equality of nasab: heredity, social factors, and madzhab teachings. First, descent is considered a mandatory tradition established by ancestors. Second, social factors reflect the negative consequences of marrying a child to an individual who is not equal to fate, such as insults and the absence of habaib. Third, the teachings of madzhab, especially from the Shafi'iyyah and Hanabilah groups, set strict standards regarding equality of descent. The discussion revealed that these factors play an important role in maintaining tradition, social status, and harmony in the Shariah community. This research provides in-depth insights into how equality of nasab affects the social structure and marriage traditions among the Habaibs.
Supreme Court's Decision Regarding the Prohibition of Interfaith Marriage and Its Relevance of Maqaṣid Al-Shari'ah Aziz, Abdul; Subhan Nugraha, Iqbal; Aminudin, Sugeng; Hakim, Lukman
Jurnal Hukum Islam Vol 22 No 1 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi_v22i1_8

Abstract

Interfaith marriage is still a debate, especially after the issuance of the Circular of the Supreme Court of the Republic of Indonesia concerning the prohibition of registration of interfaith marriages, which is considered to injure Human Rights. This research discusses the relevance of the Supreme Court's Decision on interfaith marriage with the principles of maqāṣid al-sharī'ah and its implications for the right to freedom of choice of partner. This normative legal research uses a legislative, conceptual, philosophical and case approach. The sources of legal materials are the Circular of the Supreme Court and several Supreme Court decisions related to interfaith marriages in the last three years. The results show that the ratio legis of the Circular of the Supreme Court of the Republic of Indonesia concerning interfaith marriage is to protect Human Rights in line with the principles of maqāṣid al-sharī‘ah such as protection of religion and descent, but on the other hand, it creates conflict with the principles of Human Rights which are also part of the principles of maqāṣid al-sharī‘ah. The researcher argues that the principle of maqāṣid al-sharī'ah should be able to balance religious values and Human Rights in interfaith marriages, by being used as the legal basis and policies related to interfaith marriages. This research can be used as a consideration for policy reform to realize balance and justice for the parties in line with the principle of maqāṣid al-sharī‘ah.
Co-Authors Abdul Aziz Aminudin, Sugeng Lukman Hakim