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Putusan Pengadilan Agama Lebong Terhadap Dispensasi Nikah (Tinjauan Maqashid Al-Syari’ah) Rian Monda Putra; Nofialdi Nofialdi; Sri Yunarti
Ikhtisar: Jurnal Pengetahuan Islam Vol 4 No 2 (2024): Ikhtisar: Jurnal Pengetahuan Islam
Publisher : Institut Agama Islam Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55062/IJPI.2024.v4i2/567/5

Abstract

Marriage is sunnatullah as a human being who needs a partner with the aim of producing offspring. However, among the community, sometimes the implementation of marriage is carried out by underage brides, while the marriage requires mental and material readiness that is able to be responsible for carrying out the household. This study aims to reveal the implementation of underage marriages that occur in Lebong society. This research uses qualitative methods with a form of field research and uses normative and empirical research models. This research resulted in the findings of the Lebong Religious Court making decisions and providing dispensation for the implementation of marriage, including Amendments to Law Number 1 of 1974 concerning marriage and Pregnancy outside marriage. The basis for the Judge's consideration in making decisions and providing dispensation to the community who applied for marriage, namely Supreme Court Regulation Number 5 of 2019 and other grounds that need to be considered by the Religious Court Judge, such as girls who are already pregnant first, children are no longer in school, children are already working and so on. Based on the analysis of maqasid Al-Syariah review, it can be reviewed from the level of dharuriyyaat, and Hajiyyaat. However, the elements of the level that need to be maintained in maqashid al-syari'ah, namely Maintaining Religion, Maintaining Life, Maintaining Property and Maintaining Descent.
Perspektif Mahasiswa Prodi HKI UIN Sjech M. Djamil Djambek Bukittinggi terhadap Permendikbudristek No. 30 Tahun 2021 Tentang Pencegahan dan Penanganan Kekerasan Seksual di Lingkungan Perguruan Tinggi Hamdi Marzuki Irhas; Zulkifli Zulkifli; Sri Yunarti
JURNAL RISET RUMPUN ILMU PENDIDIKAN Vol. 4 No. 1 (2025): April : Jurnal Riset Rumpun Ilmu Pendidikan
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurripen.v4i1.6305

Abstract

This study aims to examine the perspectives of students from the Islamic Family Law (HKI) Study Program regarding Ministerial Regulation of Education, Culture, Research, and Technology (Permendikbudristek) No. 30 of 2021 concerning the Prevention and Handling of Sexual Violence in Higher Education Institutions. Particular focus is given to Article 5 paragraph 2, which contains the phrase “without the victim’s consent,” a clause that has sparked considerable public debate. This qualitative field research was conducted at the Faculty of Sharia, UIN Sjech M. Djamil Djambek Bukittinggi, involving 17 final-semester students selected using a snowball sampling technique. Data were collected through in-depth interviews and documentation, then analyzed using thematic analysis. The findings indicate that most students had limited understanding of the regulation due to the lack of socialization and outreach within the university. Moreover, the majority expressed concern over the phrase “without the victim’s consent,” which they viewed as ambiguous and potentially legitimizing consensual sexual relations outside of marriage—a practice prohibited in Islamic law. While the students supported the need for legal protection against sexual violence, they called for the revision of the regulation to align more closely with the principles of fiqh and Islamic jurisprudence. Thus, the effective implementation of this policy within Islamic higher education institutions requires the harmonization of state law and Islamic values.