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All Journal Journal of Sharia and Legal Science
Waty, Wan Hamidah Febry
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Penetapan Wasiat Wajibah untuk Saudara Non Muslim dalam Kajian Maslahat Setyaningrum, Fatimah khosiyyah setyaningrum; Waty, Wan Hamidah Febry; Salsabilah, Deswita Putri; Habil, Habil; Ardita, Tiara; Fauzan, Ahmad
Journal of Sharia and Legal Science Vol. 3 No. 3 (2025): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v3i3.1460

Abstract

This study examines the Banten High Religious Court Decision Number 0092/Pdt.G/2017/PTA.Btn. with the concept of maslahat which highlights interfaith inheritance disputes between Muslim and non-Muslim heirs. The focus of the study is the construction of judges' considerations in the distribution of inheritance assets, including the proportion of distribution, the basis of ijtihad used, and the legal implications for the protection of heirs' rights. This study is a qualitative study with a normative legal approach, which emphasizes the analysis of laws and regulations, court decisions, and related legal documents. The results show that judges continue to prioritize the rights of Muslim heirs according to Article 171 letter (c) of the Compilation of Islamic Law, while applying mandatory bequest for non-Muslim siblings to maintain a balance of justice and family harmony. The use of legal analogy (qiyas) in determining the rights of non-Muslims reflects the flexibility of Islamic law in adapting formal rules to real social conditions. In conclusion, this decision serves as an example of adaptive legal practice that combines compliance with formal law with the achievement of social welfare, justice, and stability, while also emphasizing the relevance of the concept of maslahah in resolving interfaith inheritance disputes.
Pelecehan Seksual di Lingkungan Pendidikan Tinggi dalam  Perspektif    Maqashid al-Syariah Setyaningrum , Fatimah Khosiyyah; Waty, Wan Hamidah Febry; Salsabilah, Deswita Putri; Habil, Habil; Ardita, Tiara; Fauzan, Ahmad
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i1.1456

Abstract

Sexual harassment in higher education is a serious problem that impacts the psychological, academic, and social well-being of students. This phenomenon occurs not only in physical forms, but also verbally and digitally, which is increasingly growing with the use of social media and communication technology. This study aims to analyze the phenomenon of sexual harassment in higher education and examine its impact and prevention efforts from the perspective of Maqashid al-Syariah. This study uses a descriptive qualitative method with a library research approach. Data were obtained from various sources such as scientific journals, books, laws and regulations, and reports from related institutions, which were analyzed descriptively and analytically. The results show that sexual harassment in higher education is influenced by power relations, a culture of seniority, a low understanding of consent, and weak institutional protection systems. Victims of sexual harassment experience multidimensional impacts such as psychological trauma, decreased academic quality, and obstacles in social interaction. From the perspective of Maqashid al-Shariah, sexual harassment violates the principles of protecting honor (ḥifẓ al-‘ird), the soul (ḥifẓ al-nafs), the mind (ḥifẓ al-‘aql), and the lineage (ḥifẓ al-nasl). Therefore, comprehensive prevention and response efforts are needed through strengthening education, a victim-friendly reporting system, and strengthening campus policies to create a safe and dignified educational environment.
Co-Authors Ahmad Fauzan Ardita, Tiara Habil, Habil Salsabilah, Deswita Putri Setyaningrum , Fatimah Khosiyyah Setyaningrum, Fatimah khosiyyah setyaningrum