Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Ahmad Baihaki
Bhayangkara Jakarta Raya University
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
CONVERGENCE OF MARRIAGE BETWEEN ISLAMIC LAW AND CUSTOMARY LAW Elfirda Ade Putri; Ahmad Baihaki; Windy Sri Wahyuni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5779

Abstract

Customary law is a collection of norms and rules derived from the habits or customs of the community, both written and unwritten. Marriage is a physical and mental bond between a man and a woman with the aim of building a family that is sakīnah, mawaddah, rahmah and barakah. The provisions of customary law and Islamic law have significant differences. Marriage in Islamic law regarding joint property and mutual inheritance between adopted children and adopted parents can be done through the institution of mandatory wills. These two legal provisions adopted from customary law are the result of the ijtihad of Indonesian scholars, because the second issue is not found in fiqh. This innovative creation of Indonesian scholars, apart from being a manifestation of the dynamic and creative characteristics of Islamic law, is also the identity of Islam Nusantara in the field of law. Seen from this aspect, the Indonesian KHI, in the language of the Law, can be referred to as Indonesian Jurisprudence because in addition to having an Indonesian personality, it also adopts customary law that lives in local traditions.
Co-Authors Elfirda Ade Putri Windy Sri Wahyuni