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All Journal Journal of Islamic and Law Studies (JILS)
Yazidi, Nur Syifa
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Implications of Law No. 1/1974 and the Compilation of Islamic Law on The Validity of Adult Marriage in Indonesia (A Comparative Analysis of Positive Law, Islamic Law, and Customary Law in Determining the Legality of a Marriage) Yazidi, Nur Syifa; Silva, Sonia Dhea; Al Amruzi, M Fahmi
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17821

Abstract

This article highlights the legal impact of Law No. 1 of 1974 and the Compilation of Islamic Law (KHI) on the recognition of customary marriage in Indonesia, by examining the comparison between national law, Islamic law, and customary law in determining the validity of a marriage. Indonesia as a country rich in culture has a variety of customary marriage practices, which often conflict with state and religious laws, especially regarding the obligation to register marriages. Law No. 1 of 1974 states that a marriage is valid if it is carried out according to each religion and is officially registered, while the KHI also emphasizes the importance of registration for the order of Muslim administration. However, some indigenous people consider customary rituals to be sufficient to validate a marriage without the need for state registration, thus raising legal issues related to the status of their spouses and children, especially in terms of identity and inheritance rights. This study uses a normative legal method with a statutory and comparative approach, comparing the three legal systems and examining the applicable regulations. The results of the study indicate the potential for conflict and legal uncertainty due to differences in the criteria for the validity of marriage between state law, Islamic law, and customary law. Therefore, harmonization efforts are needed to create legal certainty while still respecting the cultural diversity of Indonesian society.
Convergence and Divergence of Same-Sex Marriage Policies (A Comparative Study of Constitutional and Administration Law in Three Core Countries of the European Union) Amania, Malinda Hafizaturrizqo; Yazidi, Nur Syifa
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 3 (2025)
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i3.18081

Abstract

Same-sex marriage has become one of the most prominent legal and social issues in recent decades, particularly within the European Union, which upholds the principles of non-discrimination and social integration. The Netherlands, France and Germany three core EU member states have all legalized same-sex marriage, yet each through different legal and policy trajectories. This article aims to examine the convergence and divergence of same-sex marriage policies in these countries through a constitutional and administrative law approach. Using a normative juridical method and comparative legal analysis, the study explores how domestic legal frameworks and sociopolitical dynamics shape the regulation of same-sex marriage. The findings indicate that although all three countries now recognize same-sex couples equally under the law, their legislative pathways, earlier forms of legal partnerships (such as registered partnerships and PACS) and their responses to social challenges such as discrimination reflect the distinct legal cultures and constitutional settings of each country. This shows that similar legal outcomes do not always emerge from identical processes, and that local factors continue to play a significant role in shaping legal policy, even in matters of global relevance like same-sex marriage.
Co-Authors Al Amruzi, M Fahmi Amania, Malinda Hafizaturrizqo Silva, Sonia Dhea