Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Jurnal Sahabat ISNU SU
Ahmad Nizar Mohammad Syamwil
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice

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

Found 2 Documents
Search

 1 
Hiding the Origins of Adopted Children Ahmad Nizar Mohammad Syamwil; Maulidya Mora Matondang; Ramadhan Syahmedi Siregar; Akmaluddin Syahputra
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1247

Abstract

Concealing the ancestry of adopted children is a legal issue with serious implications, both from a criminal law and Islamic law perspective. This practice not only has the potential to violate statutory provisions but also contradicts the principle of clarity of lineage, which is highly respected in Islamic teachings. This study aims to analyze the legal status and consequences of concealing the ancestry of adopted children from the perspective of Indonesian criminal law and Islamic law. The research method used is normative legal research with a statutory and conceptual approach, through a review of laws and regulations, the Compilation of Islamic Law, and relevant legal literature. The results show that under Indonesian criminal law, concealing the ancestry of adopted children can be classified as a criminal offense, either as embezzlement of ancestry, false recognition of a child, or adoption that does not comply with legal procedures, which has implications for criminal sanctions. Meanwhile, from an Islamic legal perspective, concealing the ancestry of adopted children is a prohibited act because it damages the clarity of lineage, which impacts aspects of guardianship, inheritance, and the legal status of the child. Islam emphasizes that adoption is permitted only for foster care (kafalah), without changing the child's identity or lineage. Therefore, both criminal law and Islamic law emphasize the importance of transparency and honesty in adoption to protect children's rights and maintain legal order.
Mandatory Wills as a Legal Instrument in Resolving Interfaith Inheritance in Indonesia Ahmad Nizar Mohammad Syamwil; Muhibbussabry; Akmaluddin Syaputra; Ramadhan Syahmedi Siregar
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1258

Abstract

The issue of interfaith inheritance is a classic issue in Islamic law that continues to generate debate, especially in multicultural societies like Indonesia. In classical fiqh, religious differences are positioned as a barrier to inheritance (māni' al-irth), so that Muslims and non-Muslims cannot inherit from each other. However, social reality shows the existence of strong family ties despite differences in faith, which demands the presence of a just and welfare-oriented legal solution. This article aims to analyze the determination of the distribution of inheritance to heirs who wear the hijab due to religious differences through the mechanism of mandatory wills from the perspective of Islamic law and Indonesian national law. This study uses a normative legal research method with a conceptual, legislative, and jurisprudential approach. The results of the study indicate that although Islamic inheritance law normatively rejects interfaith inheritance, the concept of mandatory wills can function as a legal instrument that bridges the gap between sharia provisions and demands for social justice. The application of mandatory wills for heirs of different religions, as developed in the Supreme Court decision, reflects contextual ijtihad which is based on the principles of maqāṣid al-syarī'ah, especially justice (al-'adl) and benefit (al-maṣlaḥah). Thus, obligatory wills become a legal and relevant juridical alternative in addressing the problem of inheritance between different religions in Indonesia.
Co-Authors Akmaluddin Syahputra Akmaluddin Syaputra Matondang, Maulidya Mora Muhibbussabry Ramadhan Syahmedi Siregar