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All Journal Al-'Adalah Analisis: Jurnal Studi Keislaman Al-Ahwal: Jurnal Hukum Keluarga Islam Al-Bayan: Jurnal Studi Al-Qur´an dan Tafsir Jurnal Ilmiah Al-Syir'ah JURNAL CENDEKIA HUKUM Syariah: Jurnal Hukum dan Pemikiran Jurnal Bimas Islam Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Kordinat : Jurnal Komunikasi antar Perguruan Tinggi Agama Islam Al Ashriyyah Al-Istinbath: Jurnal Hukum Islam Tasyri' Kanun: Jurnal Ilmu Hukum Shahih : journal of islamicate multidisciplinary International Journal of Religious and Interdisciplinary Studies Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory al Hairy | Journal of Islamic Law
Mutakin, Ali
STAI Nurul Iman Parung, Bogor
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Tasyri'

 1 
Analisis Pertimbangan Hakim dalam Putusan No.0253/Pdt.P/2016/Pa.Pbg Tentang Dispensasi Pernikahan Mutakin, Ali; Marwati, Lusi
Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i1.2

Abstract

Marriage dispensation is the granting of the right by the Religious Courts to a person to marry even though they have not reached the minimum age for marriage, if the situation "requires" and there is no other option. In an effort to grant a marriage dispensation, the Religious Courts are required to provide considerations that prioritize the concept of maslahah, namely considerations of goodness and rejecting harm (madharat) in society. This article aims to analyze the decision no.0253/Pdt.P/2016/PA.Pbg regarding marriage dispensation. The type of research used is a normative legal research model (doctrinal). The primary data source used is a copy of the decision of the religious court no. 0253/Pdt.P/2016/PA.Pbg, while the secondary data are books, journal articles related to the discussion theme. The data analysis technique used descriptive analysis, where the data obtained were described and then analyzed. The findings of this article are some of the considerations that become the judge's reference in determining decision no. 0253/Pdt.P/2016/PA.Pbg are 1) based on Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning Marriage. 2) based on written evidence and statements from the two witnesses. 3) based on the true benefit.
Kekerasan Dalam Rumah Tangga (KDRT) dalam Pernikahan Dini Perspektif Teori Maqashid Syari’ah Mutakin, Ali; Mustafa, Fitri; Khaeruddin, Khaeruddin; Al Falah, Dzia
Tasyri' : Journal of Islamic Law Vol. 2 No. 1 (2023): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v2i1.74

Abstract

The concrete age restriction for marriage has been regulated in Law No. 1 of 1974, which was later revised into Law No. 16 of 2019. The law states that marriage will be permitted if both the bride and groom have reached the minimum age of 19. This restriction certainly has a strong philosophical basis ranging from juridical basis to issues of reproductive health and mental readiness (maturity). This  research is a qualitative research with   a statutory approach (statute approach) and a conceptual approach.  Data is obtained through library research, both primary and secondary data sources.  This study concluded that, domestic violence that occurs as a result of marriage carried out by both spouses of the bride and groom where one or both are not old enough as stipulated at 19 years, has a serious impact both on the continuity of the household and others. Maqashid shari'ah whose basis is benefit, either in order to realize the welfare itself or to reject the evil, in order to see the phenomenon of domestic violence that occurs in marriage at an early age. Daf'u al-Dlarar in order to reject domestic violence has at least a significant role to play in resolving such phenomena.
Kontestasi Hukum Islam dan Negara dalam Perda Bernuansa Syariah di Kota Tasikmalaya Aziz, Abdul; Mutakin, Ali; Nugraha, Iqbal Subhan
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.375

Abstract

The implementation of the Regional Regulation with sharia nuances in the city of Tasikmalaya often causes polemics related to the relationship between religious norms and the principle of the state of law that upholds diversity. This study aims to analyze the form, motive, and impact of the Sharia Nuanced Regional Regulation in Tasikmalaya City in the framework of the contestation between Islamic law and the state. The method used is qualitative with a socio-legal approach, through field studies and document analysis, as well as interviews with key legislative actors and religious organizations. The results of the study show that the Regional Regulation reflects more transactional political strategies between local elites and religious groups, rather than purely the normative aspirations of the community. Its application tends to be symbolic and does not have a significant impact on improving the quality of life of the community at large. The implications of these findings underscore the importance of evaluating local legislation to be in line with the principles of non-discrimination, substantive democracy, and the protection of the civil rights of all citizens without exception.
Co-Authors Abdul Aziz ahmad yani Ahmad Yani Al Falah, Dzia Berizi, Ahmad Ending Solehudin Ghufron Maksum Gómez, José Manuel Naranjo Isroiliyah Jubaedah, Dedah Khaeruddin Khaeruddin Khaeruddin Khaeruddin Lubis, Rahmad Maksum, Ghufron Marwati, Lusi Miftah Farid Miftah Farid Muslikaturohmah, Siti Mustafa, Fitri Muthmainah , Muthmainah N. Nurjanah Ngalim, Samingun Nugraha, Iqbal Subhan Nuranisah, Nuranisah Nurhasana, Nurhasana Parhan, Parhan Purnama, Desi Rahmatsyah Rahmatsyah, Rahmatsyah Samman, Siti Asiah Saujan, Iqbal Siti Muslikaturohmah Sulaiman, Heri Waheeda, Waheeda