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All Journal Waraqat : Jurnal Ilmu_Ilmu Keislaman Al Mashaadir : Jurnal Ilmu Syariah Journal Equity of Law and Governance JURNAL MULTIDISIPLIN ILMU AKADEMIK Ameena Journal
Iwan
Universitas Islam Negeri Sumatera Utara
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences

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Between Fear and Faith (Examining the 'Marriage Is Scary' Phenomenon through Maqāshid al-Sharī'ah and Institutional Response in Medan, Indonesia) Faishal; Ibnu R Siddik Turnip; Iwan
WARAQAT : Jurnal Ilmu-Ilmu Keislaman Vol. 10 No. 2 (2025): Waraqat: Jurnal Ilmu-Ilmu Keislaman
Publisher : Pusat Penelitian dan Pengabdian pada Masyarakat (P3M) Sekolah Tinggi Agama Islam As-Sunnah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51590/waraqat.v10i2.1172

Abstract

This study examines the Marriage is Scary phenomenon among young generations in Medan City, characterized by increasing fear of marriage driven by economic concerns, family trauma, and social media influence, and analyzes it from the perspective of Islamic Family Law. Using a qualitative field research approach through interviews, observations, and documentation involving young adults and officials at the Office of Religious Affairs (KUA) Medan, the study reveals that this trend reflects low legal awareness and a weakened understanding of Islamic values related to marriage, thereby contradicting the maqāshid al-sharī‘ah, particularly ḥifẓ al-nasl and ḥifẓ al-‘ird. Although KUA Medan has responded through premarital counseling and digital education initiatives, their effectiveness remains limited due to low youth participation and a lack of innovative material. The study concludes that strengthening legal awareness, applying progressive legal approaches, and internalizing maqāshid-oriented education are essential to shaping positive perceptions of marriage among young Muslims.
Legal Review of Parents in Facilitating Children Playing Jaran Kepang in View of Islamic Law and Law Number 35 of 2014 concerning Child Protection (Case Study of Sei Rotan Village, Percut Sei Tuan District, Deli Serdang Regency) Siti Nurheliza; Iwan
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.4.2.10091.271-278

Abstract

This study aims to understand the portrayal of the Jaran Kepang game and the perspectives of Islamic law and positive law on parents who facilitate their children playing Jaran Kepang in Sei Rotan Village. The research method employed is empirical research, which examines applicable legal provisions and the realities in Sei Rotan Village, Percut Sei Tuan Subdistrict, Deli Serdang Regency. The primary data for this research consists of observations and interviews with children who play Jaran Kepang, parents of Jaran Kepang players, the community of Sei Rotan Village, Jaran Kepang experts, and leaders/members of the Indonesian Ulema Council (MUI) North Sumatra. Secondary data sources include primary legal materials such as Law Number 35 of 2014 concerning Child Protection, and secondary legal materials obtained from literature review comprising books, journals, articles, internet searches, and research findings. The results indicate that some parents in Sei Rotan Village facilitate their children playing Jaran Kepang, as evidenced by interviews with the community and observations. The legal consequences for parents facilitating their children playing Jaran Kepang, according to Islamic law, are considered haram due to the game's association with polytheism. Under Law Number 35 of 2014 concerning Child Protection, the legal consequence is the potential revocation of custody rights for parents who facilitate their children playing Jaran Kepang.
Restriction of Private Land Management by the Community from the Perspective of Maslahah Mursalah (Case Study of Runding Village, Panyabungan Barat District, Mandailing Natal Regency) Rajaindra; Iwan
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.5.1.10245.59-64

Abstract

Land is essential for human life, serving as a base for agriculture, housing, and economic activities. In Indonesia, land management and ownership are regulated to benefit both individuals and the community. Conflicts, however, can arise when private land use negatively impacts neighboring areas, as seen in Runding village. Here, a farmer's decision to plant oil palm upstream in Negung village has caused water scarcity for downstream farmers, leading to crop failures. Article 20 of Indonesia's Basic Agrarian Law (UUPA), as explained by Ali Ahmad Chomzah, emphasizes that land ownership rights carry a social function and must not harm others. Land use should adapt to its circumstances and respect community welfare. This aligns with the concept of Maslahah Mursalah in Islamic law, which considers public interest and welfare, derived from the broader goals of Sharia. In Runding village, such restrictions aim to balance individual land use with community welfare, reflecting the principles of public and individual welfare. This research aims to explore the regulatory framework of land ownership rights and how Maslahah Mursalah can guide the management of privately owned land. Using empirical legal research with a case study, statute, and conceptual approach, this study seeks to understand how land management restrictions can ensure both individual rights and societal welfare. The research highlights the potential to balance private land rights with social responsibilities, contributing to sustainable land management practices that align with legal and ethical principles, fostering harmony between landowners and the community.
Rekayasa Hukum (Fraus Legis) Dalam Perkawinan Beda Agama: Studi Komparatif Pengakuan Hukum Antara Singapura Dan Indonesia Pasca Sema No 2 Tahun 2023 Wike Sundari; Sukiati; Iwan
Ameena Journal Vol. 4 No. 2 (2026): Ameena Journal
Publisher : Yayasan Madinah Al-Aziziyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63732/aij.v4i2.258

Abstract

This study examines the phenomenon of interfaith marriages involving Indonesian citizens (WNI) conducted in Singapore as a response to national legal restrictions following the enactment of Supreme Court Circular Letter (SEMA) No. 2 of 2023. The central issue lies in the conflict between the principle of lex loci celebrationis, which recognizes the formal validity of marriages performed in Singapore, and lex patriae, which requires compliance with material conditions—specifically religious uniformity for Indonesian citizens. Employing a normative juridical method with statutory, comparative, and conceptual approaches, this research aims to analyze the differing roles of religious and civil law in both countries and their legal implications.The findings reveal a fundamental divergence: Indonesia adopts a religious-formalistic system, where religious law constitutes an essential requirement for marital validity, whereas Singapore applies a secular-pragmatic system under the Women’s Charter, separating civil authority from religious doctrine. Marriages conducted by Indonesian citizens in Singapore are considered a form of legal evasion (fraus legis), as they involve an intention to circumvent national law (animus evadendi). SEMA No. 2 of 2023 reinforces the refusal to register such marriages on the grounds of public policy derived from Pancasila values. Consequently, this gives rise to limping marriages, in which couples lack full legal recognition in Indonesia, particularly regarding marital property and inheritance rights. The most significant impact affects children born from such unions, who are legally classified as children born out of wedlock, with limited civil rights and more complex administrative procedures. This study concludes that Indonesia’s current legal policy prioritizes theological legal certainty over the protection of citizens’ civil rights within a global context.
HUKUM PERKAWINAN DI TIMUR TENGAH Rasyid Siddiq; Sukiati; Iwan
JURNAL MULTIDISIPLIN ILMU AKADEMIK Vol. 3 No. 4 (2026): Agustus
Publisher : CV. KAMPUS AKADEMIK PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jmia.v3i4.11301

Abstract

This study examines marriage law in Middle Eastern countries, focusing on the legal basis, regulations, and dynamics of family law reform in several key countries, including Egypt, Saudi Arabia, Jordan, and Tunisia. This study uses normative legal methods with legislative, conceptual, and comparative approaches to examine how Islamic law is implemented in each country's national legal system. The results show that although Middle Eastern countries share the same normative sources, namely the Qur'an, Hadith, and Islamic jurisprudence, in practice there are significant differences in the form of codification, implementation, and level of marriage law reform. Egypt and Jordan tend to develop moderate family law systems with a codification approach and selection of school opinions (takhayyur), while Saudi Arabia still displays a conservative character based on the Hanbali school of law despite starting to implement legal reforms. On the other hand, Tunisia is the most progressive country, having implemented major reforms in family law, including restrictions on polygamy and strengthening women's rights in divorce. These differences indicate a broad legal spectrum in the marriage legal system in the Middle East, ranging from conservative to progressive. This study concludes that marriage law in the Middle East is dynamic and adaptive to social change, without relinquishing the legitimacy of Islamic law as the primary source of law. Therefore, marriage law in this region reflects the interaction between classical Islamic jurisprudence traditions, state policies, and the demands of modernity in shaping family law.
Art 2074 A Comparative Analysis of Utilitarianism Theory and Maslahah in the Legal Protection of Child Street Workers in Medan City Muhammad Iqbal Hanafi Nasution; Mhd Yadi Harahap; Iwan
Al Mashaadir : Jurnal Ilmu Syariah Vol. 7 No. 1 (2026)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v7i1.484

Abstract

The phenomenon of child street workers in Medan City remains a significant social and legal issue, characterized by economic exploitation, limited access to education, and inadequate protection of children's rights. Despite the existence of various legal regulations, the implementation of child protection policies continues to face structural challenges. This study aims to analyze the legal protection provided to child street workers through the Center for Child Study and Protection (Pusat Kajian dan Perlindungan Anak/PKPA) in Medan City and to compare the relevance of Utilitarianism and Maslahah theories as evaluative frameworks. This research employs a juridical-empirical method with a socio-legal approach. Data were collected through interviews with PKPA administrators, Islamic law scholars, and government officials, supported by field observations and document analysis. The data were analyzed descriptively using the perspectives of Utilitarianism and Maslahah. The findings indicate that PKPA has implemented legal protection measures through participatory data collection, non-formal education, psychosocial assistance, restoration of legal identity, family reintegration, and policy advocacy. These programs have contributed to improving the fulfillment of children's rights and welfare. However, their effectiveness remains constrained by structural factors, including family poverty, the culture of street-based charity, and limited inter-agency coordination. From a Utilitarian perspective, legal protection generates benefits for children and society but may risk overlooking the interests of vulnerable groups. In contrast, Maslahah theory provides a more comprehensive framework by emphasizing the protection of maqāṣid al-sharī‘ah, the prevention of harm, and the integration of individual and social welfare. Therefore, Maslahah is considered a more relevant normative foundation for strengthening the legal protection of child street workers in Medan City.
Co-Authors Faishal Ibnu R Siddik Turnip Mhd Yadi Harahap Muhammad Iqbal Hanafi Nasution Rajaindra Rasyid Siddiq Siti Nurheliza Sukiati Sukiati Wike Sundari