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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Aladalah: Jurnal Politik, Sosial, Hukum dan Humaniora
Salsa Luthfiah Rezki
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Peran Krusial Hakim, Hukum, Al-Mahkum Fih dan Al-Mahkum Alaih dalam Penegakan Hukum Islam Salsa Luthfiah Rezki; Fahrial S; Safitri Aulia Zalsalnabila; Kurniati Kurniati
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v3i1.1124

Abstract

The enforcement of Islamic law in Indonesia is still marked by various complexities, one of which is the unclear role of Judges, Law, Al-Mahkum Fih (object of law), and Al-Mahkum Alaih (subject of law). This study aims to analyze the crucial role of these four elements in the enforcement of Islamic law. Judges have a central role in the enforcement of Islamic law. They are tasked with trying cases based on Islamic law and ensuring justice for all parties. The role of judges is strengthened by a competent mastery of Usul Fiqh and an understanding of the developing social context. Islamic law used in law enforcement in Indonesia is sourced from the Qur'an and Hadith. The application of Islamic law must consider the local social and cultural context. A legal anthropology approach can be used to understand and accommodate local values ​​in the application of Islamic law. Al-Mahkum Fih is the act or action of mukallaf regulated in Islamic law. Al-Mahkum Alaih is an individual or legal entity that is the subject of Islamic law. Effective enforcement of Islamic law requires clear identification of Al-Mahkum Fih and Al-Mahkum Alaih.
Pembagian Harta Gono-Gini yang Berkeadilan Gender di Indonesia Fiantika Armanda; Salsa Luthfiah Rezki; Kurniati Kurniati
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 3 (2025): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i3.5764

Abstract

The gender-equitable distribution of gono-gini property in Indonesia still faces challenges even though the principle of equality has been regulated in the Compilation of Islamic Law (KHI) and the Marriage Law. The principle of gender justice in Islamic law is rooted in sharia values that emphasize balance, benefits, and equality between men and women in acquiring and managing family property. However, practice in the field shows that there is a wrong understanding of society, patriarchal culture, and differences in judges' interpretations that often harm women. This research aims to analyze the form of distribution of gono-gini property according to Islamic law and national law, understand its implementation in the practice of religious justice, and formulate Islamic legal solutions that can realize a gender-fair distribution. The research method used is a literature review with a normative-qualitative approach through the study of primary, secondary, and tertiary legal materials. The results of the study show that the equitable distribution of gender is not only understood as a 50:50 division according to Article 97 of the KHI, but also includes recognition of economic and non-economic contributions, including the domestic role of the wife. Implementation in the religious courts still faces inconsistencies in judges' interpretations, low legal literacy, and socio-cultural barriers. The solutions offered by Islamic law include the application of the principles of shirkah, benefit, deliberation, and ijtihad of judges based on substantive justice.
Co-Authors Fahrial S Fiantika Armanda Kurniati Kurniati Safitri Aulia Zalsalnabila