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Perkawinan Endogamy Bagi Syarifah Perspektif Sosiologis dan Maqashid Syari’ah (Study Kasus: Adat Perkawinan Endogamy di Kampung Arab Kelurahan Kademangan Bondowoso) Uyun, Fahmi Ridlol
Indonesian Journal of Islamic Law Vol. 1 No. 2 (2018): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijil.v1i2.406

Abstract

This article demonstrates that the notions of superiority and social power within the Alwi and Ba‘alawi communities have led to a distortion of the principles of Islamic law. This is reflected in the long-standing practice of endogamous marriage within these groups. In essence, such forms of marriage are not inherently related to Islamic legal teachings, but are instead justified by the claim of preserving the lineage of the Prophet Muhammad (peace be upon him). Endogamous marriage among Syarifah is believed to be the only legitimate means of safeguarding the Prophet’s lineage; therefore, Syarifah bear a particular social and moral responsibility to continue this practice to the present day. This thesis shows that the practice of endogamous marriage among Syarifah in Kampung Arab, Kademangan Subdistrict, represents an implementation of obedience to religious systems and values. This study employs a qualitative research design, in which the researcher examines group culture in its natural setting. The primary data consist of observations and interviews, while secondary data are derived from relevant literature. The analytical approach used in this study is the sociology of law.
Children of Marriages Between Indonesian Citizens and Rohingya: What Are Their Inheritance Rights? Shoimah, Siti Nur; Uyun, Fahmi Ridlol
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 7 No. 1 (2025)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v7i1.10373

Abstract

The purpose of this study is to address legal issues related to the rights of children from mixed marriages with stateless persons in Indonesia and to highlight the importance of recognizing children's rights in complex situations involving citizenship status and legal uncertainty. This study employs a normative legal research method by analyzing and examining the regulations governing the status of the Rohingya ethnic group as stateless persons in Indonesia, as well as the inheritance rights of children born to parents who are Indonesian citizens and Rohingya ethnic group members classified as stateless persons. The findings of this study indicate that children born from marriages between Indonesian citizens and stateless Rohingya retain their inheritance rights from both parents. Although such marriages may not be legally registered, they remain valid under religious law, and inheritance rights are based on blood ties, not marriage registration. These children may also inherit land from their Indonesian citizen parents under certain conditions. The contribution of this research lies in its effort to address the gap in legal studies regarding the status of children from mixed marriages with stateless individuals, an issue that has received little attention in national regulations. This study provides an argumentative and normative foundation for the protection of children's rights in transnational and stateless contexts, and encourages the development of more inclusive and equitable legal policies.