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All Journal Al-'Adl IJOIS: Indonesian Journal of Islamic Studies Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Waraqat : Jurnal Ilmu_Ilmu Keislaman Journal of Artificial Intelligence and Digital Business MULTIPLE: Journal of Global and Multidisciplinary Jurnal Pengabdian Masyarakat dan Riset Pendidikan Dirasah : Jurnal Pemikiran dan Pendidikan Dasar Islam
Ramza Fatria Maulana
Univeristas Mohammad Natsir Bukittingi
Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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SAPAYUANG MARRIAGE IN MINANGKABAU FROM THE PRESPECTIVES OF MASHLAHAH, ‘URF, AND HUMAN RIGHTS Maulana, Ramza Fatria; Kania, Dede; Kusmayanti, Hazar
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol 5, No 2 (2024): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v5i2.34479

Abstract

This research aimed to analyze the punishment of Sapayuang marriage according to Mashlahah perspective, ‘urf, and Human Rights correlated with the custom philosophy, Adat Basandi Syarak, Syarak Basandi kitabullah (Custom based on Islam, Islam based on Al-Qur’an) which is life foundation of Minangkabau people, the offender of sapayuang marriage accepts severe punishment. This research utilized the empirical juridical method wherein qualitative research was used as the research approach. Primary data was derived from the interview and field findings. Then, these data were analyzed using the relevant theories correlated with this issue such as classic books, books, journals, articles, law dictionaries, encyclopedia, and the previous correlated research to obtain a conclusion. There are several findings of this research, 1) the witness of sapayuang marriage is classified into mashlahah dharuriyah because maintaining the self-respect and prestige is included in mashlahah dharuriyah. If it is viewed from the perspective whether mashalahah changed or not, the prohibition of sapayuang marriage is categorized into mashlahah mutaqaiyyirah. If it is reviewed from the mashlahah side, it is characterized into mashlahah mursalah, because there is no nash which bann it. However, there is no nash which supports it. As a result, it cannot be classified into mashlahah mulghah, 2) If it is reviewed from the ‘urf object perspectives, the prohibition and punishment of sapayuang marriage are included in ‘urf amali, which means the society habits related to actions. Then, if it is seen from the scope, this prohibition is included in ‘urf  khashah which means the habit which is particularly obeyed by the people in certain region. If it is reviewed from the validity of ‘urf related to the punishment of sapayuang marriage, it is ‘urf shahih, and 3) according to the Western human rights perspective, the punishment dibuang dari nagari (expelled) and excommunicated is included in Human Right violation. It is different from the concept of Eastern human rights which emphasizes human rights as part of Islamic teaching implementation.
Reforming Islamic Family Law in Iraq: A Study of Marriage, Child Marriage, and Inheritance Maulana, Ramza Fatria; Fauzi Dahrial
urn:multiple://2988-7828multiple.v3i54
Publisher : Institute of Educational, Research, and Community Service

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Abstract

Islamic family law represents one of the most dynamic areas of legal transformation within Muslim-majority countries, including Iraq, a nation characterized by deep social, historical, and sectarian complexity. This study aims to analyze the dynamics of Islamic family law in Iraq, focusing on marriage, child marriage, and inheritance within the framework of Personal Status Law No. 188 of 1959. A qualitative method was employed using a normative-juridical and historical-sociological approach, based on literature reviews of statutory laws, fiqh texts, academic journals, and international reports, analyzed through descriptive-qualitative techniques. The findings indicate that Iraq adopts an eclectic legal approach, combining principles from both Sunni and Shia jurisprudence to establish a more inclusive family law system. However, legal loopholes in the regulation of minimum marriage age, gender-based discrimination in inheritance, and discrepancies between statutory norms and social practices remain significant challenges. In conclusion, the dynamics of Islamic family law in Iraq reflect an ongoing negotiation between classical fiqh traditions, national legal reforms, and evolving international human rights standards
Hukum Perkawinan Islam di Bawah Tekanan Modernitas: Studi Historis dan Yuridis Atas Reformasi di Mesir, Turki, Pakistan, dan Irak: Penelitian Fauzi Dahrial; Elimartati; Ramza Fatria Maulana
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 3 No. 4 (2025): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 3 Nomor 4 (April 2025
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v3i4.1093

Abstract

This study aims to analyze the dynamics of Islamic family law reform in four Muslim countries: Egypt, Turkey, Pakistan, and Iraq with a historical and juridical approach. Islamic family law has a unique epistemological position because it is seen as part of a permanent and transcendent divine law. However, in practice, this law has undergone a significant reform process, especially under the pressure of modernity, secularization, and demands for social justice and gender equality. This study uses a qualitative method through library research with a descriptive-analytical and comparative approach, and utilizes primary and secondary legal sources from the four countries. The results of the study show that Egypt carried out family law reform through cross-school codification and the maqashid al-shariah approach, Turkey carried out full secularization by adopting the Swiss Civil Code, Pakistan implemented reform through the Muslim Family Laws Ordinance 1961 with procedural strengthening of women's rights, while Iraq displayed a pluralistic approach that combined elements of the Sunni and Shia schools of thought in the Personal Status Law of 1959. Although each country has a different model and context, all of them show a tendency to adapt fiqh law to contemporary social needs.
Child Protection in International Law: Synergy between CRC, Humanitarian Law, and Human Rights Dahlial, Fauzi; Maulana, Ramza Fatria; Yunarti, Sri
RIGGS: Journal of Artificial Intelligence and Digital Business Vol. 4 No. 1 (2025): Februari - April
Publisher : Prodi Bisnis Digital Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/riggs.v4i1.424

Abstract

This study examines child protection from the perspective of international law, focusing on the synergy between three principal instruments: the Convention on the Rights of the Child (CRC), International Humanitarian Law (IHL), and Human Rights (HR). Although each framework has distinct characteristics, they complement one another in ensuring the fulfillment and protection of children's rights, both in times of peace and during armed conflict. The CRC provides a comprehensive normative framework emphasizing the best interests of the child, whereas IHL specifically regulates the protection of children in the context of armed conflict, including the prohibition of child soldier recruitment and the safeguarding of education and safety rights. Meanwhile, human rights law serves as a universal foundation whose guarantees cannot be suspended, even in states of emergency. This research employs a normative-juridical method combined with a qualitative approach to examine the interrelation among these three legal systems and the challenges in their implementation. The analysis reveals that the main issues stem from the gap between international norms and their enforcement at the national level, including jurisdictional conflicts, weak law enforcement, and the lack of harmonization with domestic legislation. To address these challenges, integrative strategies are needed, including regulatory harmonization, capacity-building for state officials, strengthening cross-sectoral cooperation, and enhancing the role of civil society in monitoring mechanisms.
the The Legal Politics of Executive–Legislative Power Relations in Post-Amendment Indonesia’s 1945 Constitution: The Legal Politics of Executive–Legislative Power Relations in Post-Amendment Indonesia’s 1945 Constitution Aisyah Chairil; Maulana, Ramza Fatria; Dio Prasetyo Budi
Al-'Adl Vol. 18 No. 2 (2025): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

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Abstract

This study examines the dynamics of legal politics in the power relations between the executive and legislative branches in Indonesia following the amendments to the 1945 Constitution. The background to this study is the need to review Indonesia's constitutional structure, which was previously rife with executive dominance, particularly during the New Order era. The constitutional reforms undertaken between 1999 and 2002 were crucial in redesigning the state's power relations, with the aim of creating balance by strengthening the legislative, budgetary, and oversight functions of the House of Representatives (DPR). This research uses qualitative methods with a normative-juridical approach, anchored in the analysis of regulations, constitutional documents, and a review of primary and secondary legal literature. The results show that although the amendments have formally strengthened the DPR's position in the presidential system, their implementation has presented new challenges in the form of legislative dominance that is vulnerable to being exploited for partisan interests. The multiparty system in Indonesia's presidential system has also created power friction between the president and parliament, hampering government effectiveness. The chaos in the function of checks and balances is exacerbated by the weakness of countervailing institutions such as the Regional Representative Council (DPD) and the People's Consultative Assembly (MPR). Further reforms are needed that address not only institutional design but also the development of a deliberative political culture and the strengthening of independent oversight institutions to support substantive democracy  
SAPAYUANG MARRIAGE IN MINANGKABAU FROM THE PRESPECTIVES OF MASHLAHAH, ‘URF, AND HUMAN RIGHTS Maulana, Ramza Fatria; Kania, Dede; Kusmayanti, Hazar
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol. 5 No. 2 (2024): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Family Law Study Program, Faculty of Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v5i2.34479

Abstract

This research aimed to analyze the punishment of Sapayuang marriage according to Mashlahah perspective, ‘urf, and Human Rights correlated with the custom philosophy, Adat Basandi Syarak, Syarak Basandi kitabullah (Custom based on Islam, Islam based on Al-Qur’an) which is life foundation of Minangkabau people, the offender of sapayuang marriage accepts severe punishment. This research utilized the empirical juridical method wherein qualitative research was used as the research approach. Primary data was derived from the interview and field findings. Then, these data were analyzed using the relevant theories correlated with this issue such as classic books, books, journals, articles, law dictionaries, encyclopedia, and the previous correlated research to obtain a conclusion. There are several findings of this research, 1) the witness of sapayuang marriage is classified into mashlahah dharuriyah because maintaining the self-respect and prestige is included in mashlahah dharuriyah. If it is viewed from the perspective whether mashalahah changed or not, the prohibition of sapayuang marriage is categorized into mashlahah mutaqaiyyirah. If it is reviewed from the mashlahah side, it is characterized into mashlahah mursalah, because there is no nash which bann it. However, there is no nash which supports it. As a result, it cannot be classified into mashlahah mulghah, 2) If it is reviewed from the ‘urf object perspectives, the prohibition and punishment of sapayuang marriage are included in ‘urf amali, which means the society habits related to actions. Then, if it is seen from the scope, this prohibition is included in ‘urf  khashah which means the habit which is particularly obeyed by the people in certain region. If it is reviewed from the validity of ‘urf related to the punishment of sapayuang marriage, it is ‘urf shahih, and 3) according to the Western human rights perspective, the punishment dibuang dari nagari (expelled) and excommunicated is included in Human Right violation. It is different from the concept of Eastern human rights which emphasizes human rights as part of Islamic teaching implementation.
Freedom of Religion in Islam and Human Rights: a Perspective on Humanitarian Principles in Islamic Law Ramza Fatria Maulana; Zulkifli; Mahyudin Ritonga; Shofwan Karim
WARAQAT : Jurnal Ilmu-Ilmu Keislaman Vol. 10 No. 1 (2025): Waraqat: Jurnal Ilmu-Ilmu Keislaman
Publisher : Pusat Penelitian dan Pengabdian pada Masyarakat (P3M) Sekolah Tinggi Agama Islam As-Sunnah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51590/waraqat.v10i1.988

Abstract

This study aims to examine the development of religious freedom in Indonesia and the relationship between human rights (HR) principles in Islam and international HR standards. According to SETARA Institute data from 2023, there has been a significant increase in violations of religious freedom, with 217 incidents and 329 violation acts, mostly perpetrated by non-state actors. Although this right is protected by the constitution and Law Number 39 of 1999, serious challenges remain. This research employs a qualitative method with a descriptive-analytical approach to explore expert perspectives on religious freedom in Islam, integrating legal document analysis, academic literature, and a comparative approach between Islamic law and international HR standards. Findings indicate that HR principles in Islam have a strong foundation through the maqasid al-shariah principles, which encompass the protection of life, religion, intellect, lineage, and property, aligning with universal HR despite distinct theological bases. In Indonesia, as a country that recognizes religious pluralism and is founded upon Pancasila, religious freedom is guaranteed through the 1945 Constitution. The study concludes that harmonizing Islamic and international HR principles in religious freedom necessitates an integrative, dialogical, and contextual approach, especially through collaboration between Muslim scholars and international HR experts. Despite ongoing challenges such as radicalism and the politicization of religion, legal reform and moderate approaches in some Muslim countries demonstrate that a synthesis between Islamic values and modern HR can be achieved with balance and inclusivity
RELEVANSI PEMIKIRAN MOHAMMAD NATSIR DALAM PENDIDIKAN DASAR ISLAM KONTEMPORER Andy Riski Pratama; Hengki Januardi; Yulius Yulius; Ramza Fatria Maulana; Hasanatul Wahida
Dirasah: Jurnal Pemikiran dan Pendidikan Dasar Islam Vol 8 No 2 (2025): Dirasah: Jurnal Pemikiran dan Pendidikan Dasar Islam
Publisher : Institut Binamadani Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51476/dirasah.v8i2.789

Abstract

Artikel ini bertujuan untuk menganalisis relevansi pemikiran Mohammad Natsir dalam merespons tantangan pendidikan Islam kontemporer. Masalah utama yang dikaji adalah bagaimana pemikiran Natsir mengenai pendidikan Islam dapat menjadi solusi atas problem dualisme ilmu, krisis moral, dan lemahnya orientasi spiritual dalam dunia pendidikan saat ini. Fokus penelitian ini diarahkan pada tiga aspek utama: gagasan Natsir tentang integrasi antara ilmu agama dan ilmu umum, urgensi pendidikan karakter berbasis nilai-nilai tauhid, serta pentingnya kemandirian lembaga pendidikan Islam. Penelitian ini menggunakan metode kualitatif dengan pendekatan studi kepustakaan (library research). Data diperoleh dari sumber-sumber primer berupa karya tulis Mohammad Natsir dan sumber sekunder berupa buku, artikel jurnal, serta dokumen ilmiah lain yang relevan. Teknik pengumpulan data dilakukan melalui telaah dokumen, sedangkan analisis data dilakukan dengan teknik analisis isi (content analysis) untuk menggali substansi pemikiran Natsir secara mendalam. Hasil kajian menunjukkan bahwa pemikiran Mohammad Natsir tetap kontekstual dan relevan sebagai landasan konseptual dalam pengembangan pendidikan Islam yang integratif dan holistik. Gagasan-gagasannya dapat dijadikan rujukan dalam merumuskan sistem pendidikan Islam yang berakar kuat pada nilai-nilai keislaman serta mampu beradaptasi dengan tantangan zaman.
The Synergy of Local and Institutional Wisdom of KUA in the Development of the Sakinah Family: A Sociological Study in Solok City Fauzi Fauzi; Sri Yunarti; Zulkifli Zulkifli; Ramza Fatria Maulana
IJoIS: Indonesian Journal of Islamic Studies Vol. 6 No. 2 (2025): Indonesian Journal of Islamic Studies
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/ijois.1511

Abstract

This study aims to analyze the role of local wisdom figures and the Office of Religious Affairs (KUA) in realizing the sakinah family in Solok City, as well as identify obstacles and challenges in the synergy of the two in family development. This study is motivated by the fact that the Minangkabau people have a strong value system based on the custom of basandi syarak, syarak basandi Kitabullah, while KUA is present as a formal state institution that carries out the function of family development through marriage guidance and religious services. The research uses a descriptive qualitative approach with a phenomenological perspective. The data was obtained through in-depth interviews with ninik mamak, Bundo Kanduang, LKAAM and KAN administrators, the Head of KUA of Lubuk Sikarah and Tanjung Harapan Districts, as well as documentation of the Sakinah family development program. The results of the study show that local wisdom figures, especially ninik mamak and Bundo Kanduang, still play a significant role in family development through premarital debriefing, instilling customary and religious values, strengthening social responsibility, and mediating domestic conflicts. Meanwhile, KUA carries out strategic functions through marriage guidance, post-marriage coaching, consulting services, and synergy with BP4. This study also found that the synergy between local wisdom and KUA has not been fully optimal because it is hampered by a shift in community values towards a more individualistic direction, limited participation due to socio-economic factors, and the lack of a strong institutionalization of cooperation between KUA and customary institutions. This study confirms that the development of the sakinah family in Solok City will be more effective if it is built through a collaborative model that integrates customary, religious, and institutional forces of the state in a contextual and sustainable manner.
Marriage During the Wife’s ‘Iddah Period: A Socio-Legal Analysis of the Implementation of Circular Letter No. 05 of 2021 in Solok Regency Darmis, Jhon; Zulkifli, Zulkifli; Yunarti, Sri; Maulana, Ramza Fatria
IJoIS: Indonesian Journal of Islamic Studies Vol. 6 No. 2 (2025): Indonesian Journal of Islamic Studies
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/ijois.1542

Abstract

This study examines marriage during a wife’s iddah period from the perspective of Islamic family law by analyzing Circular Letter of the Director General of Islamic Community Guidance No. 05 of 2021 and its implementation in Solok Regency. The research addresses a normative gap in Indonesian positive law, which does not explicitly regulate restrictions on ex-husbands remarrying during the ex-wife’s iddah, potentially leading to legal uncertainty, gender inequality, and weak protection for women after divorce. Using a qualitative socio-legal approach, data were collected through in-depth interviews, observation, and documentation involving KUA officials, religious counselors, and community leaders. The findings indicate that the circular letter functions as an administrative policy (beleidsregel) that guides KUA in controlling marriage registration and preventing harmful practices such as serial marriages and disguised polygamy. However, its implementation varies between strict and adaptive approaches, influenced by bureaucratic discretion, local socio-cultural contexts, and uneven legal literacy. While KUA officials generally show consistent understanding, religious counselors and community leaders demonstrate diverse interpretations due to limited policy dissemination and persistent conventional fiqh perspectives. From the maqāṣid al-syarī‘ah perspective, the policy supports the protection of lineage, dignity, and psychological well-being, while promoting gender justice. The study concludes that the circular letter represents institutional ijtihad, though its effectiveness depends on consistent implementation and strengthened legal communication.
Co-Authors Aisyah Chairil Andy Riski Pratama Andy Riski Pratama Dahlial, Fauzi Darmis, Jhon Dede Kania Dio Prasetyo Budi Elimartati Elimartati Fauzi Dahrial Fauzi Fauzi Hasanatul Wahida Hazar Kusmayanti, Hazar Hengki Januardi Mahyudin Ritonga Shofwan Karim Sri Yunarti Wahida, Hasanatul Yulius Yulius Yulius Yulius Yunarti, Sri Zulkifli Zulkifli Zulkifli Zulkifli Zulkifli