Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Rayah Al-Islam : Jurnal Ilmu Islam
Gulo, Azhar Nur Mawaddah
Unknown Affiliation
Religion Humanities Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Social Sciences Other

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
JUDICIAL REASONING IN MARRIAGE DISPENSATION AT THE TAKENGON SYAR'IYAH COURT: A Critical Analysis of Legal Pluralism and The Paradox of Child Protection Apriliansyah, Muhammad Akmal; Gulo, Azhar Nur Mawaddah; Subhan, Bentara
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 16 No. 1 (2026): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/pb7fw142

Abstract

This study examines the judicial reasoning model in granting marriage dispensation at the Takengon Syar'iyah Court through a critical analysis of Decision Number 185/Pdt.P/2024/MS.Tkn. Using a socio-legal approach with legal pluralism and maqashid al-syariah frameworks, this research reveals that judges employ a three-stage hierarchical reasoning pattern: formal-procedural, social fact verification, and Islamic law substantive justification. The findings indicate that positive law (Law No. 16/2019 and PERMA No. 5/2019) functions as an initial barrier and procedural legitimizer, while Islamic law, particularly the fiqh maxim dar'u al-mafasid muqaddamun 'ala jalb al-mashalih (preventing harm takes precedence over bringing benefit), serves as a substantive problem-solver. Local socio-cultural realities, especially unplanned pregnancy and family honor concerns, act as triggering factors that are subsequently framed as "legal emergencies." This research identifies a critical paradox: the court's comprehensive advice on the risks of child marriage (educational disruption, mental health issues, and potential domestic violence) is ultimately overridden by the immediate need to resolve social crises. The study concludes that this practice represents "reactive legal pluralism" that effectively addresses immediate social conflicts but fails to provide proactive, long-term child protection, thereby reducing the "best interests of the child" principle to mere procedural formality rather than substantive consideration.
Alternatif Penyelesaian Sengketa pada Perkara Kewarisan: Analisis Hukum Islam dan Hukum Positif Gulo, Azhar Nur Mawaddah; Harahap , Mhd. Yadi; Mukhsin, Abd.
Rayah Al-Islam Vol. 10 No. 3 (2026): Rayah Al-Islam: Jurnal Ilmu Islam July 2026
Publisher : Institut Muslim Cendekia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37274/rais.v10i3.374

Abstract

Disputes over the distribution of inheritances and the determination of heirs in Indonesia often trigger protracted family conflicts due to legal pluralism, differing interpretations of inheritance provisions, and conflicting economic interests among heirs. Resolution through litigation is often time-consuming, costly, and has the potential to worsen family relationships. Previous research has generally addressed the resolution of inheritance disputes from the perspective of litigation or normative studies of inheritance law, whereas research examining the effectiveness of Alternative Dispute Resolution (ADR) in an integrated manner based on Islamic law and positive law remains relatively limited. This study aims to analyze the effectiveness and obstacles to the implementation of ADR in resolving inheritance disputes. This study employs a juridical-normative method with a legislative and conceptual approach through a literature review, while data are analyzed using content analysis. The results of the study indicate that mediation, negotiation, and conciliation are effective mechanisms because they prioritize deliberation, the principle of kinship, time and cost efficiency, and are in line with the principle of islah in Islamic law. However, its implementation still faces obstacles in the form of a lack of good faith among the parties, the dominance of personal interests, intervention by family members or legal representatives, limitations in mediators’ competence, and the fact that the legal force of out-of-court settlements is not yet optimal. The novelty of this study lies in its comparative and integrative analysis of the application of APS from the perspectives of Islamic law and Indonesian positive law. This study makes a scientific contribution by strengthening the conceptual framework for harmonizing the two legal systems in the resolution of inheritance disputes and recommends strengthening regulations to enhance the effectiveness and legal certainty of APS. This study is limited to a literature-based normative review and therefore does not examine implementation through an analysis of court decisions.
Co-Authors Abd. Mukhsin, Abd. Apriliansyah, Muhammad Akmal Harahap , Mhd. Yadi Subhan, Bentara