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All Journal Jurnal Ilmiah Al-Syir'ah Kawanua International Journal of Multicultural Studies Journal of Islamic Economic Laws al Hairy | Journal of Islamic Law
Shapiulayevna, Aliyeva Patimat
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Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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How Does the State Regulate the Administration of Unregistered Marriages in Muslim Minority Communities? The Practice of Mass Weddings in Jayapura City Rahman, Encep Taufik; Suganda, Ahmad; Lousada, Sérgio António Neves; Khafidz, Hasanah Abd; Huda, Miftakhul; Sopyan, Yayan; Mutmainah, Naeli; Kirin, Arwansyah Bin; Sartono, Sartono; Shapiulayevna, Aliyeva Patimat
Jurnal Ilmiah Al-Syir'ah Vol 22, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i2.3210

Abstract

This study aims to analyze how the state regulates the administration of unregistered marriages (nikah sirri) in Muslim minority communities in Jayapura City, with a focus on the practice of mass weddings organized to facilitate the registration of marriages. Unregistered marriages, which are not recorded by the state, are still found among Muslim minorities in Jayapura. Factors influencing the practice of unregistered marriages include economic limitations, lack of awareness about administrative procedures, and difficulty in accessing official marriage registration services. To address these issues, the Jayapura City government, through the Religious Affairs Office (KUA), the Religious Court (PA), and the Directorate General of Population and Civil Registration (DUKCAPIL), has initiated a mass wedding program aimed at simplifying the legalization process for couples who have not yet registered their marriages. This research uses a qualitative approach with interviews and observations of couples participating in the mass wedding program. The findings indicate that this program is effective in raising public awareness about the importance of marriage registration. However, challenges remain in terms of legal understanding and the readiness of couples to comply with the applicable administrative procedures. The study suggests the need for increased education about the importance of marriage administration and strengthening access to marriage registration services to reduce the practice of unregistered marriages. With the mass wedding program, it is hoped that all marriages in Jayapura City can be legally registered according to state law, providing optimal legal protection for married couples
The Role of Women in Islamic Politics: From the Early Period to the Contemporary Era through the Lens of Kimberlé Crenshaw's Intersectionality Perspective Nisa’, Ihda Shofiyatun; Shapiulayevna, Aliyeva Patimat; Fikri, M. Najib
Kawanua International Journal of Multicultural Studies Vol 5 No 2 (2024)
Publisher : State Islamic Institute of Manado (IAIN) Manado, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/kijms.v5i2.1252

Abstract

This study explores the development of women's roles in Islamic politics from the early Islamic era to the contemporary period using Kimberlé Crenshaw's intersectionality framework. This theory is employed to analyze how Muslim women navigate layered discrimination at the intersection of gender, religion, and other social structures. Data were obtained through literature reviews and analyzed descriptively and analytically. The findings reveal that during the early Islamic period, women like Khadijah and Aisha played strategic roles in the economy, politics, and education. Khadijah provided financial support to Prophet Muhammad, while Aisha made significant contributions to political decision-making and the dissemination of knowledge, such as the Prophet Muhammad’s hadiths. In the contemporary era, the involvement of Muslim women has become increasingly diverse, encompassing formal positions such as heads of state, parliament members, and social activists. For instance, in Indonesia, figures like Megawati Soekarnoputri, Puan Maharani, and Sri Mulyani exemplify inclusive political representation by women. The intersectionality theory reveals that Muslim women face complex discrimination within patriarchal structures but have also leveraged education, technology, and social media to expand their influence. Despite progress, challenges such as resistance to changing gender roles and limited political representation persist. This research contributes by offering a new perspective on gender and Islamic politics, while also providing a foundation for further studies on women's strategies in fostering a more equitable and inclusive society.
Revitalization of Istihsan Bi Al 'Urfi in Sharia Financing: Fatwa Study 2010-2018 Mukri, Syarifah Gustiawati; Harisah, H; Shapiulayevna, Aliyeva Patimat
Journal of Islamic Economic Laws Vol 6, No 1: January 2023
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jisel.v6i1.17436

Abstract

The community's need for sharia financing transactions is very urgent. So Islamic law products are required to be able to provide guidelines for community economic transactions as a form of response to community needs. From this, this study examines how the concept of istihsan bi al 'urfi was revitalized in one fatwa from 49 fatwas set by the DSN-MUI during the 2010-2018 period as evidence for legal determination. Therefore, istihsan bi al 'urfi is a form of ijtihad scholars in establishing law. The research method used is a qualitative research method with a literature approach, namely by observing the use of the determination method with istihsan bi al 'urfi. The results of the study stated that there was 13 times the use of istihsan bi al 'urfi in determining the permissibility of financing based on sharia as a legal consideration. Although previously it was equipped with arguments from the Qur'an and hadith as well as ijma' and qiyas. This shows that DSN-MUI ijtihad always develops according to the demands of the times to develop Islamic legal products in the field of Islamic finance and economics without losing the basic values of sharia.
The Dilemma of Modernity: Value Conflict in The Application of Customary Criminal Law in Multicultural Society: Dilema Modernitas: Konflik Nilai dalam Penerapan Hukum Pidana Adat pada Masyarakat Multikultural Lubis, Rahmad; Helvis, Helvis; Purnama, Desi; Yunus, Nur Rohim; Shapiulayevna, Aliyeva Patimat
al Hairy | Journal of Islamic Law Vol. 1 No. 1 (2025): al Hairy
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/hry.v1i1.1

Abstract

Modernity has brought significant changes in social, cultural, and legal structures in various parts of the world, including in multicultural societies. One of the main challenges that arise is the conflict of values in the application of customary criminal law. Customary criminal law, which has long been an integral part of traditional people's lives, now faces pressure from a modern legal system that tends to be universal and based on human rights. This study aims to analyze the dilemmas arising from the tension between the two legal systems, focusing on how customary criminal law is applied in a multicultural society, where diverse cultural and religious values often clash. In this context, the application of customary criminal law often faces challenges in maintaining a balance between maintaining local values and accommodating the principles of modernity, such as gender equality, individual rights, and social justice. This research suggests the need for a more inclusive and dialogical approach between customary law and state law in order to create a legal system that is responsive to cultural diversity, without neglecting the basic principles of human rights.
Co-Authors Ahmad Suganda Encep Taufik Rahman Fikri, M. Najib Harisah, H Helvis, Helvis Ihda Shofiyatun Nisa’ Khafidz, Hasanah Abd Kirin, Arwansyah Bin Lousada, Sérgio António Neves Lubis, Rahmad Miftakhul Huda Mutmainah, Naeli Purnama, Desi Sartono Sartono, Sartono Syarifah Gustiawati Mukri Yayan Sopyan Yunus, Nur Rohim