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All Journal Jurnal Cendikia ISNU SU
Arifin Siahaan
Universitas Islam Negeri Sumatera Utara
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. 3 (2025): Vol.2 No.3 Desember 2025
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.  
The Penal System in Islamic Law: The Concepts of Jarimah, Uqubat, and Taʿzir Arifin Siahaan; Mhd Yadi Harahap
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1315

Abstract

The penal system in Islamic law is an integral part of the sharia which aims to maintain social order, uphold justice, and protect human dignity. The concept of jarimah as a criminal act in Islamic law is not only understood as a violation of legal norms, but also as a violation of divine provisions derived from the Qur'an and Sunnah. Criminality in Islam is manifested through uqubat which is classified into hudud, qishash-diyat, and taʿzir, each of which has different characteristics, purposes, and legal basis. This research aims to analyze conceptually and normatively the penal system in Islamic law by focusing on the definition of jarimah, forms of uqubat, and the principles of criminal law that underlie it. The research method used is normative legal research with a conceptual, philosophical, and normative-shari'a approach, through the study of the Qur'an, Sunnah, the opinions of the jurists, and Islamic criminal law literature. The results of the discussion show that the penal system in Islamic law is built on the principles of justice, certainty, and benefit, which is reflected in the strict standard of proof of hudud, the proportional nature of qishash-diyat, and the flexibility of taʿzir in responding to social dynamics. The difference in the views of scholars in interpreting the postulates of criminalization confirms that Islamic criminal law has an adaptive character without losing its normative legitimacy. The conclusion of this study emphasizes that the penal system in Islamic law is a comprehensive legal system and oriented towards substantive justice, crime prevention, and protection of maqāṣid al-syarī'ah.
Co-Authors Fandi Wahidi Mhd Yadi Harahap