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All Journal Kawanua International Journal of Multicultural Studies Samara: Journal of Islamic Law and Family Studies
Aples, Aples
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Dilemma of Unregistered Marriage for Establishing Children's Lineage Aples, Aples; Mardianton, Mardianton; Rahmita, Rahmita; Kapitri, Neneng; Nurlaila, Nurlaila; Yusrizal, Syamsi
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 1 (2024): June
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

The petitioner filed a request for the determination of lineage to ensure the child's rights are fulfilled. Based on legal considerations, the Judge granted the request by considering the evidence presented, such as letters and witness testimonies. Legal facts indicate that the children were born from the lawful marriage of Petitioner I and II, thus they are eligible to be recognized as legitimate children. This chapter discusses the research findings and discussion regarding the background of the implementation of marriage reformation/tajdid nikah and the submission of requests for the determination of child's lineage in case No. 115/Pdt.P/2023/PA.PN at the Religious Court of Painan. The research method used by the researcher is a legal approach (state approach) with descriptive-analytical specifications in the case decision: 115/Pdt.P/2023/PA.PN. Results. Firstly, the reformation of marriage in Case 115/Pdt.P/2023/PA.PN is based on reasons that align with religious and governmental regulations, such as the previous marriage being terminated due to the waiting period (iddah), for administrative validity, and the marriage being conducted solely for the official record from the Office of Religious Affairs (KUA). Secondly, the background of the submission of the request for the determination of child's lineage is because Petitioner I and II had a secret marriage in 2015, were blessed with 2 children, their effort for formalizing the marriage was rejected, then they officially registered their marriage in 2023. The aim is to ensure the fulfillment of the children's rights such as birth certificates and education. Thirdly, in deciding the case of the child's lineage, the judge's consideration is based on juridical, philosophical, and sociological aspects, taking into account the fulfillment of the rights and welfare of the child.
Integrating Islamic Law and Secular Norms: Tunisia's Code of Personal Status as a Model for Legal Pluralism in Muslim Societies Yulrizal, Yulrizal; Savitri, Desthia Irsa; Saputra, Romia; Aples, Aples; Azizah, Luthfia Ulfa
Kawanua International Journal of Multicultural Studies Vol 6 No 2 (2025)
Publisher : State Islamic Institute of Manado (IAIN) Manado, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/kijms.v6i2.1844

Abstract

This study analyzes the forms of integration between Islamic law and secular law in Tunisian family law, the legislative process, and state legal argumentation, and their implications for the character of family law as living law. Employing a comparative-historical approach and doctrinal analysis of the Code of Personal Status (CPS) 1956, its amendments, and the Tunisian Constitution of 2014 through thematic categorization and political-legal analysis. The integration manifests in four typologies—substantive, procedural, transformative, and substitutive—which reconstruct Maliki and Hanafi fiqh norms within a modern positive legal framework. The legislative process involves mobilizing political actors, employing dual legitimation strategies (theological-nationalist), and employing state ijtihad through talfiq, takhyir, and maqashid al-shariah. As living law, the CPS has achieved significant social acceptance and strong constitutional legitimacy despite facing resistance from Islamist groups post-2011. The integration of religious and secular law in Tunisia is not total secularization but rather a contextual synthesis that maintains religious legitimacy within the modern state's framework through continuous negotiation among state authority, religion, and social dynamics.
Co-Authors Azizah, Luthfia Ulfa Kapitri, Neneng Mardianton, Mardianton Nurlaila Nurlaila Nurwijayanti Saputra, Romia Savitri, Desthia Irsa Yulrizal, Yulrizal Yusrizal, Syamsi