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All Journal Jurnal Smart Hukum (JSH) MILRev: Metro Islamic Law Review
Danialsyah
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Reinterpreting Ḥifẓ al-nasl in Contemporary Marriage Contracts: Navigating Islamic Normativity and State Law Mustamam; Danialsyah; Nurasiah Harahap; Mega Arum Saputri; Lutter Ariestino
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11158

Abstract

This study aims to reinterpret the concept of ḥifẓ al-nasl (protection of lineage) within contemporary marriage contracts in Indonesia by examining the relationship between the normative framework of Islamic law and the state legal system. Traditionally, ḥifẓ al-nasl, as one of the primary objectives of Islamic law (maqāṣid al-sharī’ah), emphasizes the preservation of lineage legitimacy through the institution of marriage. However, in the modern Indonesian socio-legal context—characterized by a dual legal system of religious law and state law—its implementation reflects a dynamic interplay between these frameworks. This research employs a qualitative approach, including field studies at several Offices of Religious Affairs (Kantor Urusan Agama or KUA), in-depth interviews with marriage registrars (penghulu), religious leaders, and married couples, as well as an analysis of marriage contract documents. The findings reveal a shift in the meaning of ḥifẓ al-nasl, which is no longer understood solely in terms of lineage legitimacy but also encompasses the protection of reproductive rights, family planning, and legal certainty within marriage contracts. These findings indicate that, while Islamic normative values remain a foundational reference, the application of state law in Indonesia—particularly through the legalization of marriage contracts and state oversight—has contributed to a new interpretation of the principle of ḥifẓ al-nasl. The study recommends strengthening the integration between maqāṣid al-sharī’ah and the positive legal system in formulating marriage policies that are adaptive and responsive to contemporary challenges. The academic contribution of this research lies in offering a new conceptual framework for contextually understanding ḥifẓ al-nasl, one that integrates the objectives of Islamic law with Indonesia’s positive legal system.
Juridical Analysis of Court Decisions Regarding Civil Lawsuits from a Civil Law Perspective Danialsyah
Jurnal Smart Hukum (JSH) Vol. 2 No. 2 (2024): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i2.705

Abstract

The role of the head of the district court is to review and consider all requests for enforcement in their court in order to prevent any impediments to the enforcement of court decisions that have already attained permanent legal status. Thus, the objective of this paper is to identify the factors that impede the execution of court decisions with lasting legal effect. The research utilized the descriptive-analytical approach with a normative juridical emphasis. The study revealed that the primary reasons for delayed execution of court decisions with permanent legal force were due to limited availability of executors, budget constraints, opposition by third parties, and judicial review of decisions.<< To overcome the challenges encountered in executing judicial decisions by the Supreme Court of the Republic of Indonesia, it is crucial to train State Civil Servants who are specialized in carrying out their functions effectively through education that is tailored to their role.
Co-Authors Lutter Ariestino Mega Arum Saputri Mustamam Nurasiah Harahap