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All Journal Tabayyanu : Journal of Islamic Law Jurnal CENDIKIA ISNU Jurnal Cendikia ISNU SU
Syifa Arinda
Universitas Islam Negeri Sumatera Utara
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection for Policyholders in Motor Vehicle Insurance Syifa Arinda; Devani Agustia; Ahmad Mufti Farid Nababan; Andhika Bayu Pranata; M Farhan Maulana Nst
Jurnal Cendikia ISNU SU Vol. 1 No. 3 (2024): Vol 1. No 3 Des 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.847

Abstract

This study examines legal protection for policyholders in motor vehicle insurance using a literature review approach. Legal protection is a crucial aspect of the relationship between insurance companies and policyholders, particularly in guaranteeing the rights that policyholders should receive as stipulated in the insurance policy. This study highlights the role of law in protecting against potential injustice arising from claim rejections or discrepancies between promised services and actual performance. This study also explores the basic principles of insurance contracts, the obligations of insurance companies, and the rights of policyholders. Furthermore, it discusses the forms of dispute resolution available when disputes arise between policyholders and insurance companies, both through litigation and non-litigation mechanisms. The results of this literature review indicate that legal protection for policyholders is highly dependent on the clarity of the insurance contract, the understanding of the law by both parties, and the effectiveness of dispute resolution institutions in upholding justice. Therefore, it is necessary to improve legal education for policyholders and strengthen regulations in insurance practices to create a fair, transparent, and balanced relationship between insurance companies and policyholders.
Legal Protection for Policyholders in Motor Vehicle Insurance Syifa Arinda; Devani Agustia; Ahmad Mufti Farid Nababan; Andhika Bayu Pranata; M Farhan Maulana Nst
Jurnal Cendikia ISNU SU Vol. 1 No. 3 (2024): Vol 1. No 3 Des 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.847

Abstract

This study examines legal protection for policyholders in motor vehicle insurance using a literature review approach. Legal protection is a crucial aspect of the relationship between insurance companies and policyholders, particularly in guaranteeing the rights that policyholders should receive as stipulated in the insurance policy. This study highlights the role of law in protecting against potential injustice arising from claim rejections or discrepancies between promised services and actual performance. This study also explores the basic principles of insurance contracts, the obligations of insurance companies, and the rights of policyholders. Furthermore, it discusses the forms of dispute resolution available when disputes arise between policyholders and insurance companies, both through litigation and non-litigation mechanisms. The results of this literature review indicate that legal protection for policyholders is highly dependent on the clarity of the insurance contract, the understanding of the law by both parties, and the effectiveness of dispute resolution institutions in upholding justice. Therefore, it is necessary to improve legal education for policyholders and strengthen regulations in insurance practices to create a fair, transparent, and balanced relationship between insurance companies and policyholders.
Legal Capacity of Individuals with Bipolar Disorder in Islamic Marriage Law: Integrating Ahliyyah al-Adā’ and Maqāṣid al-Syarī‘ah Syifa Arinda; Dinda Seplinar Batubara; Keisyah Yuvi Amanda; Abdul Latif; M. Rifky Abdillah; Icha Azdina Adly
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 02 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/zx2hdm76

Abstract

Marriage in Islamic law is founded upon the principles of legal capacity (ahliyyah), mutual consent, and the realization of maqāṣid al-sharī‘ah through the protection of religion, life, intellect, lineage, and property. Nevertheless, the increasing prevalence of bipolar disorder has generated complex legal and ethical questions regarding the legal capacity of affected individuals to enter into marriage and to perform the reciprocal rights and obligations arising from the marital contract. Existing scholarship has predominantly examined bipolar disorder from isolated perspectives, including marriage validity, child custody, or disability rights, without providing an integrated legal framework that reconciles classical Islamic jurisprudence, contemporary mental health knowledge, and Islamic family law. This study aims to reconstruct the concept of legal capacity for individuals with bipolar disorder in Islamic marriage law by integrating the doctrine of ahliyyah al-adā’ with the objectives of maqāṣid al-sharī‘ah. Employing normative juridical research, the study combines statutory, conceptual, comparative, and Islamic jurisprudential approaches. Primary legal materials consist of the Qur'an, Sunnah, classical fiqh literature, Indonesian marriage legislation, the Compilation of Islamic Law, and selected judicial decisions, while secondary materials include recent peer-reviewed international journals on Islamic family law, disability studies, and psychiatric research. The study demonstrates that bipolar disorder should not constitute an automatic legal impediment to marriage. Rather, legal capacity must be determined through an individualized assessment of cognitive competence, decisional autonomy, psychological stability at the time of the marriage contract, and the ability to fulfil marital obligations. The article proposes a reconstructed framework in which ahliyyah al-adā’ is interpreted dynamically through the lens of maqāṣid al-sharī‘ah, emphasizing transparency regarding mental health conditions, protection of both spouses, and proportional legal safeguards instead of categorical exclusion. This reconstruction contributes to contemporary Islamic family law by harmonizing classical jurisprudential doctrines with modern psychiatric knowledge and human rights principles while strengthening substantive justice in Muslim family law.
Co-Authors Abdul Latif Ahmad Mufti Farid Nababan Andhika Bayu Pranata Devani Agustia Dinda Seplinar Batubara Icha Azdina Adly Keisyah Yuvi Amanda M Farhan Maulana Nst M. Rifky Abdillah