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All Journal Al-Syakhsiyyah : Journal of Law and Family Studies Indonesian Journal of Islamic Law (IJIL)
Uyun, Fahmi Ridlol
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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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

ABSTRACT This thesis proves that superiority and power among the Alwi and Ba'alawi communities have distorted the principles of Syari’ah. This is indicated by the existence of endogamous marriage practices that have been carried out for a long time by this group. Basically this kind of marriage is not related to Islamic Syari’ah Endogamy practices are carried out under the pretext of guarding the bloodline of the Prophet Muhammad. Endogamy marriage among Syarifah believes that this marriage is the only way to guard the bloodline of the Prophet Muhammad. Therefore, there is a special burden of responsibility for Syarifah to carry out endogamy marriage to date. This thesis shows that the practice of endogamy marriage for Syarifah in Arabian Village Kademangan Village is an implementation of adherence to the system and religious values. This type of research is a type of qualitative research, therefore the researcher conducted a study of group culture in natural conditions. The primary data used is in the form of observation and interviews. While secondary or supporting data are literature related to the problem under study. The approach used in this research is legal sociology. Keywords: Endogamy, Syarifah, Sociologist, Maqashid Syari'ah
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.
Co-Authors Shoimah, Siti Nur