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Is Susanto
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Jl. Z. A. Pagar Alam Labuhan Ratu, Kedaton, Kota Bandar Lampung, Lampung
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Smart: Journal of Sharia, Tradition, and Modernity
Published by Universitas Islam Negeri Raden Intan Lampung
ISSN : -     EISSN : 28078268     DOI : https://doi.org/10.24042/smart.v1i2.10965
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
SMART: Journal of Sharia, Tradition, and Modernity adalah jurnal peer-review, open-access yang diterbitkan oleh Prodi Hukum Keluarga Program Doctor Pascasarja Universitas Islam Negeri (UIN) Raden Intan Lampung. Jurnal ini bertujuan untuk mempublikasikan temuan penelitian yang berkaitan dengan studi hukum Islam, hukum keluarga Islam, Sejarah dan Pemikiran hukum Islam, Norma, Perilaku, dan Praktik Sosial Budaya di Indonesia pada khususnya dan Dunia pada umumnya, serta dimaksudkan untuk menerbitkan temuan penelitian asli dan isu-isu terkini tentang subjek tersebut.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 4 No. 2 December (2024)" : 6 Documents clear
Determination of the Child's Nasab in Li'an Cases Through DNA Test in the Opinion of Sheikh Yusuf Al-Qaraḍawi Riady, Ahmad; Chandra, Age Surya Dwipa
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 2 December (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i2.20013

Abstract

In li'an cases, children often become victims of serious adverse effects after li'an itself, including emotional trauma and legal uncertainty. Starting from this problem, this paper will explain how Sheikh Yusuf Al-Qaraḍawi's opinion on determining the child's lineage through DNA testing in the context of Islamic law to provide legal clarity for children after li'an. This research is a desk research using analytical descriptive method and content analysis, by collecting and analyzing the views of Sheikh Yusuf Al-Qaraḍawi from various reliable sources, including his fatwas and relevant writings. The article includes a brief overview of the concept of li'an and the importance of establishing correct parentage in Islamic law to serve as a benchmark in analyzing the establishment of parentage through DNA testing. The analysis shows that Sheikh Yusuf al-Qaraḍawi supports the use of DNA testing in Li'an cases to establish the child's parentage, provided that the request comes from the wife. This approach protects the wife's right to privacy while utilizing modern technology to achieve justice. The contribution of his thoughts in the reform of Islamic family law in Indonesia is significant, allowing sharia courts to adopt DNA testing, improving accuracy and fairness, and paying attention to the protection of individual rights and family welfare in the contemporary context.Keywords: Li'an, Child's Nasab, DNA Test, Sheikh Yusuf Al-Qaraḍawi, Islamic Law
Mubadalah Values in Plaintiff's Divorce Cases in the Religious Courts of Lampung Province and its Contribution to the Development of Indonesian Family Law Aprilia, Diah
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 2 December (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i2.20016

Abstract

This article examines the problem of the judge's granting of a divorce suit filed by the wife on the grounds that the husband committed polygamy in the Religious Court of Lampung Province. The focus of the research is to understand the legal basis used by the judge in deciding the divorce suit, as well as the mubadalah values contained in the decision and its contribution to the development of Indonesian family law. The research method used is a qualitative approach with an in-depth analysis of the case, involving interviews with judges as participants and data collection through the study of decision documents. Primary data was obtained from direct interviews, while secondary data was collected from relevant literature on polygamy and Islamic family law. The results showed that mubadalah values, which emphasize gender equality, play an important role in judges' decisions, where the application of the principles of mutual respect and justice for wives is prioritized. In addition, the contribution of these values is seen in the development of Indonesian family law that is more inclusive and responsive to gender issues. Thus, this study explains that the mubadalah theory is not only a legal basis for decision-making but also contributes to positive changes in family law in Indonesia.Keywords: Divorce Lawsuit, Family Law, Mubadalah, Religious Court, Polygamy
Reconstruction of Prisoners' Rights and Its Contribution to Family Law Reform in Indonesia (Study in Lampung Province Correctional Institution Welli, Welli
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 2 December (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i2.20020

Abstract

This research discusses the challenges faced by prisoners in the divorce process in Indonesia, especially in relation to their civil rights. The purpose of this study is to examine the implementation of divorce law for prisoners, as well as identify shortcomings in the fulfillment of these rights. This research uses a juridical and philosophical approach with field research methods, including interviews with relevant parties in correctional institutions and analysis of divorce data in religious courts. The findings show that many inmates are unable to attend divorce hearings, which reduces their opportunity to defend their rights and that the provision of children's education rights in LPKA has not been effective. Based on these findings, it is suggested that there should be a policy reconstruction that allows prisoners to be present in divorce proceedings, either in person or through communication technology, as well as standardizing the provision of educational rights for children of prisoners in LPKA. This research provides recommendations for family law reform in Indonesia that are more inclusive and equitable.Keywords: Reconstruction of Prisoners' Rights, LAPAS and LPKA Lampung, Family Law Reform
Challenges and Issues in Mixed Marriage Between the Indonesian and Non-Indonesian Diaspora Kalek, Sally
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 2 December (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i2.24500

Abstract

This study examines the challenges and issues that arise in mixed marriages between Indonesian and non-Indonesian diaspora, especially from an Islamic perspective. This study highlights various issues faced by couples in mixed marriages, such as cultural differences, gender roles, religious views, and children's education as well as various identity issues for the couple. The research method uses a qualitative method through an in-depth literature review of primary sources that discuss marriage in Islam and the cultural challenges of mixed marriages. This study also looks at the acculturation process that occurs in mixed marriages and how Muslim couples maintain their religious identity amidst different socio-cultural pressures. The results of the study show that couples in mixed marriages are often faced with conflicts related to differences in cultural norms and values, especially in terms of food, clothing, and roles in the household. Differences in religious practices can trigger tension in relationships. Children from mixed marriages also often experience confusion about religious identity, which can affect their spiritual development. In conclusion, mixed marriages can be successful if couples can overcome their differences by understanding, respecting, and upholding Islamic values.Keywords: Cultural Identity, Culture and Tradition, Family Dynamics, Gender Equality, Mixed Marriage
Implementation of National Police Chief Regulation No. 8/2018 on Divorce Settlement for Police Members in Lampung Regional Police Environment Budi, Indra Setia
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 2 December (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i2.24506

Abstract

This study discusses the effectiveness of the implementation of National Police Chief Regulation No. 8/2018 concerning divorce permission and mediation in the Police environment, especially in the Lampung Regional Police. The main problems studied are the application of divorce permits, obstacles in the mediation process, and their contribution to the renewal of Islamic family law in Indonesia. The research used a qualitative approach with field research methods through in-depth interviews, documentation, and triangulation data analysis. The findings show that mediation can reduce the divorce rate, although there are obstacles such as time constraints and conflicts in the roles of police officers. The conclusion states that the mediation policy plays an important role in maintaining the stability of the family and the police institution, but a clear indicator standard is needed for divorce decisions. The research recommends evaluating and improving the relevant regulations to be more in line with the Marriage Law and the Compilation of Islamic Law, to ensure transparency and legal certainty in the divorce process within the Polri.Keywords: Divorce Msediation, National Police Chief Regulation No. 8/2018, Islamic Family Law
Judges' Considerations in Deciding on Marriage Dispensation Cases at Religious Courts in Lampung Province, Indonesia Iwannudin, Iwannudin
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 2 December (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i2.24534

Abstract

This article discusses the granting of marriage dispensation which is given in order to provide legal certainty to conduct marriages outside the age limit of marriage. While some sources state that marriage at a young age has a negative impact. The purpose of this article is to analyze the basis of the judge's argument in deciding the marriage dispensation case from a benefit perspective. This article is a field research, by examining the decisions of judges at the Religious Court in Lampung Province in 2022, primary sources are then analyzed qualitatively, analyzed based on the theory of legal sociology and benefits. The results of the analysis found that the basis of the judge's argument in the marriage dispensation case is several laws and regulations, and the principles of Islamic law. If the judge's decision only focuses on granting dispensation and imposing court costs, then the decision is inappropriate, because the judge's legal considerations are basically only based on the marriage law without considering other laws related to children such as Law No. 4 of 1979 concerning Child Welfare, Law No. 23 of 2002 concerning Child Protection. Based on the theory of Maqosid Syariah, the decision in question is less useful, because it only gives the impression of legal certainty to obtain marriage dispensation, without any certainty that the rights of children will be guaranteed in the future. The implications of the results of this study are as study material and consideration in the renewal of family law.Keywords: Legal Basis, Decision of Marriage Dispensation Judge, Maslahat

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