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All Journal Jurnal CENDIKIA ISNU Jurnal Cendikia ISNU SU
Fandi Wahidi
Institut Agama Islam Negeri Datuk Laksemana Bengkalis
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Consent of Girls in Marriage (A Comparative Study Between Imam Shafi'i and Imam Ibn Qayyim al-Jawziyyah) Arifin Siahaan; Fandi Wahidi
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.954

Abstract

There is a difference of opinion between madhhab Shafi'I and Imam ibn qoyyim al-jauzy regarding the law of a guardian asking for his daughter's consent to marry, even though the position of the bride's consent is in place. This research is a literature study using the comparative analysis method. The results of this study show that the most relevant opinion for the Indonesian context is the opinion of Imam Ibn Qayyim al-jauzy.  In the applicable legislation in Indonesia, namely in the law on marriage No. 1/1974 (ps. 6 paragraph (1) jo. ps. 16 paragraph (1) ) KHI stipulates that one of the conditions for marriage is the consent of the prospective bride. This indicates that the applicable legislation in Indonesia is in accordance with the opinion of Ibn Qayyim al-Jawziyyah. In positive law in Indonesia, it is very important and is an absolute requirement for the validity of a marriage. Existing laws and regulations ensure that marriage can only be performed with the free consent of both prospective brides, especially the bride, as part of efforts to protect human rights and ensure justice in the execution of marriage.  
Consent of Girls in Marriage (A Comparative Study Between Imam Shafi'i and Imam Ibn Qayyim al-Jawziyyah) Arifin Siahaan; Fandi Wahidi
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.954

Abstract

There is a difference of opinion between madhhab Shafi'I and Imam ibn qoyyim al-jauzy regarding the law of a guardian asking for his daughter's consent to marry, even though the position of the bride's consent is in place. This research is a literature study using the comparative analysis method. The results of this study show that the most relevant opinion for the Indonesian context is the opinion of Imam Ibn Qayyim al-jauzy.  In the applicable legislation in Indonesia, namely in the law on marriage No. 1/1974 (ps. 6 paragraph (1) jo. ps. 16 paragraph (1) ) KHI stipulates that one of the conditions for marriage is the consent of the prospective bride. This indicates that the applicable legislation in Indonesia is in accordance with the opinion of Ibn Qayyim al-Jawziyyah. In positive law in Indonesia, it is very important and is an absolute requirement for the validity of a marriage. Existing laws and regulations ensure that marriage can only be performed with the free consent of both prospective brides, especially the bride, as part of efforts to protect human rights and ensure justice in the execution of marriage.  
Strengthening Legal Protection for Local Businesses in Indonesia amid Free Trade Competition Watni Marpaung; Fandi Wahidi
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1958

Abstract

Free trade expands market opportunities for local businesses, but at the same time increases the inequality of competitive capacity between domestic businesses and business actors with stronger resources, technology, and market networks. This study aims to analyze the adequacy of Indonesia's legal framework in protecting local businesses in the midst of free trade competition and formulate a model of strengthening law based on competitive equality. The research uses normative legal methods with legislative, conceptual, analytical, and comparative approaches, through the analysis of primary, secondary, and relevant international trade instruments. The results of the study show that local business protection is available through the MSME regime, competition law, and national economic policies, but is still fragmented and has not fully responded to structural inequality and digital market transformation. The study found that repressive protection alone is inadequate to deal with data mastery, platform dependence, bargaining power inequality, and market access barriers. The research recommends the implementation of integrated legal protection based on competitive equality through strengthening business capacity, protecting market access, and institutional capacity for law enforcement. This model allows Indonesia to maintain trade openness while fulfilling the mandate of economic democracy and creating fairer competition for local businesses.  
Strengthening Legal Protection for Local Businesses in Indonesia amid Free Trade Competition Watni Marpaung; Fandi Wahidi
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1958

Abstract

Free trade expands market opportunities for local businesses, but at the same time increases the inequality of competitive capacity between domestic businesses and business actors with stronger resources, technology, and market networks. This study aims to analyze the adequacy of Indonesia's legal framework in protecting local businesses in the midst of free trade competition and formulate a model of strengthening law based on competitive equality. The research uses normative legal methods with legislative, conceptual, analytical, and comparative approaches, through the analysis of primary, secondary, and relevant international trade instruments. The results of the study show that local business protection is available through the MSME regime, competition law, and national economic policies, but is still fragmented and has not fully responded to structural inequality and digital market transformation. The study found that repressive protection alone is inadequate to deal with data mastery, platform dependence, bargaining power inequality, and market access barriers. The research recommends the implementation of integrated legal protection based on competitive equality through strengthening business capacity, protecting market access, and institutional capacity for law enforcement. This model allows Indonesia to maintain trade openness while fulfilling the mandate of economic democracy and creating fairer competition for local businesses.  
Co-Authors Arifin Siahaan Watni Marpaung