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All Journal Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam El-Sirry: Jurnal Hukum Islam dan Sosial
Nst, Yurizka Syahdani
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Mandailing Islamic Law Views on the Manangko Boru Tradition in Mandailing Customs Nst, Yurizka Syahdani
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 2 (2024)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v2i2.13470

Abstract

Manangko Boru is a tradition where a woman who is still single or who has been proposed is taken by a man to her parents' house secretly to be his wife or also known as marlojong. There are two types of manangko boru, namely manangko boru for women who are still young or single and manangko boru who has been married by someone else. The purpose of this research is to find out how Islamic law views customs and traditions that run in social life, especially in the aspect of marriage, namely this manangko boru tradition. The data obtained to obtain information about the applicable traditions and customs was carried out by the observation and interview method of the perpetrators of the manangko boru tradition, traditional figures, religious figures and community figures in South Panyabungan District. With the results of the research, it is known that in customs, it is actually not justified to maintain the manangko boru tradition because the customs that run in social life are also based on Islam so that what is not justified in Islam is also not justified in Mandailing customs. And according to Islamic law, it is also not justified to maintain this tradition because it violates the rules and is not in line with Islamic law.
JURIDICAL REVIEW OF MARRIAGE CONTRACTS FOR PREGNANT WOMEN: HARMONIZING ISLAMIC LAW AND INDONESIAN NATIONAL LAW ON LINEAGE AND CHILD PROTECTION Nst, Yurizka Syahdani; Hasanah, Uswatun
JURNAL HAKAM Vol 9, No 2 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i2.13864

Abstract

This study discusses the legal provisions regarding marriage contracts for pregnant women from the perspective of Islamic law and national law in Indonesia, with a focus on the validity of the contract and the status and rights of children born from such marriages. The method used is library research with a normative-comparative approach through the study of the Qur’an, hadith, Compilation of Islamic Law (KHI), Law Number 1 of 1974 concerning Marriage, and Constitutional Court Decision Number 46/PUU-VIII/2010. The results of the study show that both legal systems basically allow the marriage of pregnant women in Islamic law as a form of moral responsibility and an effort to preserve offspring (hifz al-nasl), and national law through Article 53 of the KHI does not require waiting for the birth of the child, while the Constitutional Court Decision provides certainty of civil protection for children born out of wedlock based on biological evidence. This study fills a gap in the literature, which rarely conducts normative comparative analyses between Islamic law and constitutional jurisprudence regarding the implications of a child’s status. The main contribution of this research is to offer an interpretive harmonization framework that integrates biological evidence and the principle of protecting offspring to strengthen legal certainty and child protection. These findings have implications for recommendations for more coherent family law policies between religious norms and positive provisions.
Co-Authors Uswatun Hasanah