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Penetapan Mahkamah Agung atas Permohonan Perkawinan Beda Agama Perspektif Teori Hukum Progresif Naim, Amal Zainun
Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam Vol. 3 No. 2 (2024): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/al-faruq.v3i2.2801

Abstract

This article aims to review the Supreme Court (MA) decisions in 1986 and 2017 regarding requests for interfaith marriages from the perspective of progressive legal. Law of the Republic of Indonesia no. 1 of 1974 concerning indecisive marriages in regulating interfaith marriages, this has become one of the factors in the number of submissions of interfaith marriages to the District Court. Heterogeneous Indonesian society and the influence of the globalization era have made the increasing submission of interfaith marriages in Indonesia. This study is a normative study and data obtained from copies of Supreme Court decisions and books and scientific articles related to the topic of discussion. The results showed that the 1986 MA ruling considered philosophical, sociological and juridical aspects and the 2017 MA ruling considered juridical aspects.
Dampak Psikologis Korban Inses: Analisis Terhadap Kualitas Hidup dan Fungsi Sosial dalam Pendekatan Empiris Normatif Hawa Hidayatul Hikmiyah; Ahmad Riski Musthofa; Amal Zainun Naim
Legitima : Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2023): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v5i2.4080

Abstract

Purpose – This study aims to analyze the ways in which psychological impacts can affect the quality of life and social functioning of incest victims, both in the short and long term, through the adoption of a normative empirical approach. Methods – The research methodology employed in this empirical-normative approach entails a systematic and comprehensive process aimed at delving into the multifaceted psychological repercussions experienced by incest victims. The empirical-normative approach, characterized by a meticulous examination of community cases juxtaposed with pertinent legal frameworks, elucidates the profound psychological ramifications endured by victims. Initiating this methodology involves meticulously selecting a diverse array of representative case studies from a community. This selection process may entail collaborative efforts with various stakeholders such as child protection agencies, mental health services, or non-governmental organizations specializing in aiding incest victims, thereby ensuring the identification of pertinent cases. The overarching goal is to gain profound insights into the intricacies of victims’ experiences and the profound psychological impacts they have undergone. Findings – Research findings indicate that individuals subjected to incest commonly endure protracted trauma, precipitating a spectrum of symptoms, encompassing withdrawal, overwhelming guilt, diminished self-worth, impaired socialization, and pervasive social detachment. Furthermore, victims may manifest additional symptoms including mood fluctuations, withdrawal tendencies, heightened stress, profound depression, and challenges in interpersonal communication. Socially, incest survivors frequently confront pervasive stigma and discrimination within the familial and societal spheres, undermining the fundamental constructs of familial bonds and child welfare. Research implications – The theoretical implications derived from these findings underscore the importance of comprehensive and well-coordinated interventions. Such interventions should encompass psychological support, educational initiatives, and robust child-protection measures. Additionally, preventive endeavors targeting heightened public awareness regarding incest and extending support to victims are pivotal in effectively addressing profound psychological repercussions. Originality/value – This research significantly enhances society's comprehension of the intricate nature and pressing urgency surrounding the issue of incest, underscoring the necessity for a multidisciplinary approach to effectively tackle the socio-psychological impact on children victimized by incest.
Rekonstruksi Peran Ganda Perempuan dalam Keluarga Perspektif Feminisme Islam: Kritik terhadap Hukum Keluarga Islam Naim, Amal Zainun; Yustafad, Yustafad; Muna, Nailal
El-Ahli : Jurnal Hukum Keluarga Islam Vol 6 No 2 (2025): EL-AHLI : Jurnal Hukum Keluarga Islam
Publisher : Program Studi Hukum Keluarga Islam Sekolah Tinggi Agama Islam Negeri Mandailing Natal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56874/el-ahli.v6i2.2304

Abstract

This article discusses the dual role of women in the family within the context of Islamic family law and the need for its reconstruction to achieve gender equality. The aim of this research is to analyze the challenges women face in performing dual roles, both in domestic and public spheres, and to explore how Islamic family law can be reformed to be more responsive to women's needs. The methodology employed in this study is a qualitative approach with document analysis and literature review from various legal sources and Islamic feminist theories. The main discussion focuses on gender inequality in Islamic family law, the analysis of women’s roles in the workforce, and critiques of the patriarchal structure in conventional Islamic family law. The findings indicate that current Islamic family law still prioritizes women’s domestic roles, while their economic contributions are often overlooked. A reconstruction of Islamic family law based on maqashid sharia and gender equality principles is necessary to ensure that women can perform their dual roles without facing legal discrimination.