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All Journal El-Faqih : Jurnal Pemikiran dan Hukum Islam RESPONSIVE LAW JOURNAL
Ahmat Saiful
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Menyoal Batas Usia Pernikahan di Indonesia Perspektif Pemikiran Alie Yafie Ahmat Saiful
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 10 No 2 (2024): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v10i2.1444

Abstract

after the equal marriage age was established through Law No. 16 of 2019. In Islam, there is no specific regulation regarding the age limit for marriage. This research explores Alie Yafie's thoughts on Indonesia's marriage age limit. The study is qualitative, using a library research approach. Primary data comes from Alie Yafie’s book Initiating Social Fiqh, while secondary data is derived from journals discussing marriage age limits and maslahah in Yafie’s thought, along with other supporting literature. Data collection was done through document analysis related to the marriage age limit and the concept of maslahah. The data was analyzed using content analysis. The findings reveal that Indonesia's high rate of child marriage is a significant issue, with marriages below 19 years being prone to divorce due to psychological and economic unpreparedness. Alie Yafie supports the government's decision to set the marriage age limit at 19 years, rooted in the maslahah concept to enhance family welfare.
Islamic Inheritance Law in Indonesia: Analysis of Legal Implementation and Compliance Among Muslim Communities Safitri, Ella; Ahmat Saiful
RESPONSIVE LAW JOURNAL Vol. 2 No. 1 (2025): RESPONSIVE LAW JOURNAL
Publisher : Yayasan Insan Mulia Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59923/rlj.v2i1.460

Abstract

This research discusses the implementation of Islamic Inheritance Law for Muslims in Indonesia, which in its application is still not fully implemented for Muslim heirs. When referring to the Law, Muslim heirs are obliged to divide the inheritance property by Islamic law, but in practice in Indonesia, many heirs still use customary law and civil law (Burgerlijk Wetboek) based on various reasons.   The purpose of this research is to find out the implementation of Islamic Inheritance Law for the Muslim Population in Indonesia. This research method uses the Law approach method, which is carried out by analyzing various laws and regulations related to the field of Inheritance Law. Based on the results of the research, Islamic Inheritance Law cannot be implemented in Indonesia for the Muslim population because Indonesian society is still influenced by customary inheritance law, either following the individual-patrilinial, matrilineal or bilateral-collective inheritance system. Apart from the strong influence of tradition or customary law, another obstacle is that Muslims do not fully understand the concept of justice and equality in Islamic inheritance law, especially when it comes to the portion of sons and daughters. It is necessary to formulate a national inheritance law system by taking into account the general principles of inheritance and accommodating each inheritance law system in the country.
Co-Authors Safitri, Ella