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All Journal Al Hurriyah : Jurnal Hukum Islam USRATY : Journal of Islamic Family Law Hakamain: Journal of Sharia and Law Studies
M. Ridha Rahmat Putra
Sekolah Tinggi Agama Islam Lima Puluh Kota
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Discrimination in the Registration of Marriages of Different Religions: Regulation and Practice in Southeast Asia Wensislaus Parut; M. Ridha Rahmat Putra; Ferdi Yufriadi; Valensius Ngardi; Meisya Anggraini Rizki
Alhurriyah Vol 9 No 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v9i1.8544

Abstract

This research focuses on discrimination against religious minorities in Indonesia, Malaysia and Brunei Darussalam, three countries with strong religious traditions and legal systems. As a result of this diversity, different religious backgrounds often raise significant legal and social issues when they want to register their marriages, resulting in unpredictable events and difficulties when settling serious matters. This research utilises a qualitative methodology to examine legal texts, court judgements, court decisions, and data from case studies and interviews, which illustrate the complex interaction between religious and sectarian law. Through a comparative analysis of laws in Indonesia, Malaysia and Brunei Darussalam, this study explains how religious and sectarian norms in the legal system impact discriminatory practices. The research findings of legal and administrative challenges faced by interfaith couples, such as denial of marriage registration and the risk of social stigma, suggest a broader tension between religious authorities and state governance. With comprehensive legal reforms that not only address religious issues but also protect the rights of all individuals, and provide valuable insights and recommendations that can be implemented globally by those responsible for the practice of law, particularly in Indonesia, Malaysia and Brunei Darussalam
Family Financial Management in Contemporary Premarital Guidance from the Perspective of Maqashid al-Shari‘ah M. Ridha Rahmat Putra; Ezi Zul Hayati; M. Khairul Arwani
USRATY : Journal of Islamic Family Law Vol. 3 No. 2 (2025): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v3i2.10417

Abstract

This study aims to analyze the implementation of family financial management in contemporary premarital guidance and its relevance to the realization of a sakinah family from the perspective of maqashid al-shari‘ah. The background of this research stems from the increasing number of marital conflicts and divorces caused by poor financial literacy and economic instability among couples, highlighting the urgent need for premarital education that addresses financial issues. Employing a qualitative approach with a descriptive method, this research collects data through interviews, observations, and documentation at the Office of Religious Affairs (KUA) Tanjung Raya, which uniquely integrates family financial management into its premarital guidance program. The findings reveal that such integration significantly enhances the financial awareness and responsibility of prospective couples, reduces the potential for economic-based conflicts, and supports sustainable family welfare. The counseling model not only addresses practical financial challenges but also embodies the principles of maqashid al-shari‘ah by protecting religion, life, intellect, lineage, and wealth (hifzh al-din, al-nafs, al-‘aql, al-nasl, and al-mal). Therefore, this study concludes that family financial management in premarital guidance serves as a strategic and preventive instrument for realizing the objectives of Sharia and achieving a sakinah family in the modern context. Academically, this research contributes to the discourse on integrating financial literacy into Islamic family law and premarital education.
Beyond Legal Protection: Patriarchal Culture, the Justice Gap, and Domestic Violence in Indonesia M. Ridha Rahmat Putra; Ferdi Yufriadi
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1847

Abstract

This study aims to examine how patriarchal culture and the justice gap influence the implementation of legal protection against domestic violence in Indonesia and to evaluate their implications for the development of contemporary Islamic family law. This research employs an empirical legal approach through qualitative field research. Primary data were collected through in-depth interviews with victims of domestic violence, law enforcement officers, judges, legal practitioners, religious leaders, women's rights advocates, and social workers, while secondary data were obtained from legislation, court decisions, official reports, and relevant academic literature. The findings demonstrate that patriarchal culture continues to legitimize domestic violence as a private family matter, discouraging victims from seeking legal remedies and influencing institutional responses. The study also identifies a persistent justice gap characterized by inconsistent law enforcement, weak institutional coordination, inadequate victim protection, and social pressures that frequently divert criminal cases into private family settlements. These conditions undermine the effective enforcement of domestic violence legislation and contradict the principles of contemporary Islamic family law, particularly justice, human dignity, equality, and the protection of vulnerable family members. The study concludes that strengthening legal protection requires integrated law enforcement, institutional reform, victim-centered legal services, and the reconstruction of patriarchal norms through the values of contemporary Islamic family law. Academically, this research contributes an empirical socio-legal framework that integrates patriarchal culture, the justice gap, and contemporary Islamic family law, providing both theoretical insights and practical policy recommendations for improving domestic violence prevention and victim protection in Indonesia.
Co-Authors Ezi Zul Hayati Ferdi Yufriadi Ferdi Yufriadi M. Khairul Arwani Meisya Anggraini Rizki Valensius Ngardi Wensislaus Parut