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All Journal Muadalah : Jurnal Hukum Al-Zayn: Jurnal Ilmu Sosial & Hukum
Adikza Nurul Islam
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Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PERTENTANGAN KOMPILASI HUKUM ISLAM DENGAN PUTUSAN MA TENTANG WARIS BEDA AGAMA: STUDI KASUS No. 331 K/Ag/2018 Firly, Firly Diana Putri; Ahmad Mas’ari; Adikza Nurul Islam; Yuni Harlina
Muadalah : Jurnal Hukum Vol. 5 No. 2 (2025): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v5i2.2207

Abstract

This study examines Supreme Court (SC) Decision No. 331/K/Ag/2018, which granted inheritance via a mandatory bequest to the non-Muslim husband of a deceased Muslim wife, contrasting with Islamic law requirements stipulating Muslim heirs. It analyzes the judges' rationale and provides an Islamic legal review of the decision. Employing descriptive qualitative library research, primary sources included the SC decision and the Compilation of Islamic Law (KHI), supplemented by secondary legal materials like books and journals. Data was gathered through relevant literature and analyzed using content analysis. Findings reveal: (1) The SC justified its ruling based on the harmonious and affectionate relationship between the wife (heir) and husband (decedent) during their marriage. (2) From an Islamic legal perspective, the decision to award a mandatory bequest to the non-Muslim husband is deemed inappropriate. The KHI and prevailing Islamic jurisprudence explicitly require Muslim faith for inheritance rights, and the mandatory bequest mechanism is not intended to circumvent this religious prohibition for non-Muslim heirs. The study concludes the SC decision conflicts with established Islamic inheritance principles.
Legal Implications of Rejecting Divorce Petitions in the Perspective of Islamic Law and Positive Law in Indonesia : Case Study of Andre Taulany's Case in the Religious Court Adikza Nurul Islam; Salsabila, Fajrina Dhia
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 4 No 1 (2026): 2026
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v4i1.3782

Abstract

Divorce cases in Indonesia often reveal a tension between the fiqh concept of talak as a husband’s prerogative and the national legal system that requires judicial control. This study focuses on the repeated rejection of Andre Taulany’s divorce case to understand this legal dynamic. This research aims to analyze the judges’ legal considerations in rejecting divorce suits and to compare Islamic law and Indonesian positive law perspectives regarding such rejections. This study employs a normative juridical approach using case and statute approaches, with data derived from court decisions, fiqh literature, and relevant legislation. The findings indicate a fundamental difference between fiqh, which positions talak as a direct right of the husband, and Indonesian positive law, which requires judicial examination to ensure fairness and legal protection. The court’s authority to reject talak reflects efforts to achieve justice, protect women’s rights, and ensure that divorce occurs based on legitimate legal reasons
Co-Authors Ahmad Mas’ari Firly, Firly Diana Putri Salsabila, Fajrina Dhia Yuni Harlina