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Quru’: Journal of Family Law and Culture
Published by Pusat Studi Penelitian dan Evaluasi Pembelajaran Yayasan NCC
ISSN : -     EISSN : 30325579     DOI : https://doi.org/10.59698/quru.v2i1.103
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Quru: Journal of Family Law and Culture, published by Pusat Studi Penelitian dan Evaluasi Pembelajaran. This journal is published regularly thrice a year, namely April, August, December. The focus of this journal examines research in the field of Islamic legal thought and Islamic family law, both literacy research and field research. The scope of this journals study is in the field of Islamic thought and Islamic legal thought related to family, human rights, marriage, divorce, inheritance, wills, grants, waqf, zakat and alms.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 2 No. 1 (2024)" : 6 Documents clear
Patterns of Inheritance Distribution in Tlogoharjo Village, Giritontro Subdistrict in the Review of Islamic Law Maskuri, Erkham
QURU’: Journal of Family Law and Culture Vol. 2 No. 1 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i1.102

Abstract

The pattern of inheritance distribution in rural communities is a complex phenomenon, especially when viewed from the perspective of Islamic law. With the diversity of ethnicities, races, languages, religions, and traditions in Indonesia, differences arise regarding the pattern of inheritance distribution in the community. The fundamental thing about the inheritance system is the distribution of inheritance that is in line with the current legal regulations. This research aims to analyze the pattern of inheritance distribution in the community of Tlogoharjo Village, Giritontro Subdistrict, with a focus on related aspects of Islamic law. This research was conducted using field research with a qualitative method with a descriptive approach which is one of the qualitative research methodologies and data collection techniques by means of observation and interviews. The results of this study are that the pattern of distribution of inheritance property both before and after the heir dies is allowed in Islamic Law as long as there is no element of harm, this is because Islamic Law accepts culture and custom as legal norms that must be obeyed if there is no deviation in it and Islamic law is flexible which can be developed according to the needs of people living in the modern era today.  Furthermore, the pattern of inheritance distribution in Tlogoharjo Village is still strongly influenced by customary values and local traditions, although Islam is formally the legal basis. However, there is a tendency for adjustments to the principles of Islamic law in the practice of inheritance distribution. For example, the inheritance rights stipulated in the Qur'an and Sunnah tend to be respected, although sometimes with interpretations adapted to the social and cultural context of the village community. This research also highlights some differences between the practice of inheritance distribution in village communities and the ideal principles of Islamic law. Factors such as lack of understanding of religious teachings, hereditary traditions and economic factors play an important role in shaping inheritance distribution patterns.
The Practice of Ijbar Rights in Marriage, a Review of the Compilation of Islamic Law (Case Study in Sambung Village, Gajah Subdistrict, Demak Regency) Cahya Ma’rifatul Yahya; Inna Fauziatal Ngazizah
QURU’: Journal of Family Law and Culture Vol. 2 No. 1 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i1.103

Abstract

This research was motivated by the practice of ijbar rights in marriage that occurred in Sambung Village, Gajah District, Demak Regency. Basically, the right of ijbar is seen as a form of protection and love of a guardian towards his daughter. However, in practice, marriage is carried out by a guardian (parent) for their child without considering the child's willingness. The concept of the right to ijbar is considered to be contrary to the principle of justice for a child without obtaining the consent of the person concerned. The first aim of this research is to find out how the right of ijbar is practiced in marriage. Second, to determine the impact of the practice of the right to ijbar. Third, namely to find out how the Compilation of Islamic Law (KHI) reviews the practice of the right to ijbar. This research is research carried out directly in the field (field research with 10 informants in this research, namely 3 husband and wife couples, 3 parents, and 1 religious figure. This research uses a qualitative approach that describes the problems of the practice of ijbar rights that occur in the village Sambung, Gajah District, Demak Regency, by interviewing informants, recording and analyzing data obtained regarding the practice of ijbar rights. The results of this research, firstly, the practice of guardian rights is often based on girls' feelings of unwillingness and on average girls who are forced to marry are still very young. Assumptions that have influenced people's understanding have led to the practice of the right of ijbar in Sambung Village, which assumes that if a woman or girl has reached the legal age for marriage, it is best to get married immediately. Second, the impact of a marriage with the right of ijbar is that the household is not harmonious, parents always interfere in the child's household, and this triggers divorce. If the practice of the right of ijbar meets the provisions of the Compilation of Islamic Law as stated in article 16, then a marriage must be based on the consent of the prospective bride and groom.
Cultural Harmony: East Loloan Traditional Marriage in Jembrana Regency (A Comparative Study of Islamic Law and Customary Law) Rizal Fahmi
QURU’: Journal of Family Law and Culture Vol. 2 No. 1 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i1.172

Abstract

One of the religious recommendations to improve the lives of its people is through the institution of marriage. Marriage plays an important role in human life. In the East Loloan community, a common phenomenon is the very important preparation and implementation of the kelakat ritual for the bride and groom before marriage. Failure to perform or breaking this tradition is often associated with unwanted events such as trance, chronic illness, or undercooked dishes. Therefore, the families of the bride and groom are very careful in carrying out the wedding ceremony in order to avoid bad luck. The subject matter debated in this thesis is the perspective of Islamic law and customary law on the tradition of the wedding procession in East Loloan. This research is a field study with a qualitative approach. Data were obtained through interviews, observations, and documentation studies. The research approach is descriptive-comparative with a normative approach. The conclusion of this study is that although the kelakat tradition is considered valid according to custom and is passed down from generation to generation by the local community, this approach is different in principle from Islamic teachings. However, in practice in East Loloan, there are efforts to achieve similar goals between customary marriage and Islamic law, namely maintaining harmony and justice in marital relationships.
Gender and Human Rights Challenges: An Analysis of the Iranian Government's Political Influence on Family Law Sulung Najmawati Zakiyya
QURU’: Journal of Family Law and Culture Vol. 2 No. 1 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i1.173

Abstract

From the early 20th century to the present day, Iran has undergone various political changes that have affected the regulation of family law in the country. From the codification of civil law in 1928-1935 to the Islamic Revolution of 1979, various political regimes have influenced the interpretation and implementation of family law, which in turn affected the status and rights of women and society as a whole. This article attempts to analyze the evolution of family law in Iran, focusing on the impact of politics on gender equality and human rights. It also discusses the challenges and controversies that have arisen in relation to the reinterpretation of Islamic family law following the Islamic Revolution. Although some reforms aimed to improve women's protection, in many cases, new interpretations of family law have reinforced patriarchal norms and restricted women's freedom in various aspects of life. Through a literature review and policy analysis, this article presents significant changes in family law regulations, including restrictions on polygamy, divorce proceedings, and inheritance rights, and how they affect women's rights in Iran. The results show that political influences on family law in Iran have had a significant impact in the context of gender equality and human rights. From the codification of civil law to new interpretations after the Islamic Revolution, various political regimes have shaped legal frameworks that affect the status and rights of women and society as a whole. While some reforms have aimed to improve women's protection, in many cases, reinterpretations of Islamic family law have reinforced patriarchal norms and restricted women's freedoms. Therefore, an in-depth understanding of the relationship between politics and family law is essential to strive for more inclusive and progressive changes in order to achieve gender equality and human rights in Iran.
Harmony of Law and Religion: A Maqāṣid Ash-Sharī'ah Analysis of Marriage Registration According to the Fiqh and Law No. 1/1974 sehabudin
QURU’: Journal of Family Law and Culture Vol. 2 No. 1 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i1.180

Abstract

In an effort to regulate marriage and reduce the practice of underhand marriage (sirri) in Indonesia, the government has imposed two requirements: material and administrative requirements. Material requirements include provisions related to the pillars of marriage, both those stipulated in fiqh and the law. Meanwhile, the administrative requirements relate to marriage registration, which is regulated in Article 2 paragraph (2) of Law No. 1/1974 on Marriage. The procedure for this recording is explained in Government Regulation Number 9 of 1975. The addition of marriage registration as a condition of marriage has caused controversy among Indonesian legal experts. This controversy is caused by the interpretation of Article 2 paragraphs (1) and (2) of the Marriage Law, as well as differences in the concept of walīmah and Surah Al-Baqarah (2): 282, as well as the necessity of recording in the field of muamalah. This research is a literature research that uses literature study as the main source of data. This data collection method includes primary, secondary, and tertiary data, with a descriptive-analytical and comparative approach. The analysis involves the concept of marriage registration in the Book of Jurisprudence and Law No.1/1974 as well as the urgency for the perpetrators of underhand marriage using maqāṣid ash-sharī'ah analysis. The results show that marriage registration in the Book of Jurisprudence and Law No.1/1974, by applying maqāṣid ash-sharī'ah analysis, shows that the command to register marriage is implicit in the Book of Jurisprudence and explicit in the UUP. Marriage registration, especially for perpetrators of irregular marriages, is in accordance with the objectives of syarak. A marriage certificate can protect religion, soul, mind, offspring, and property before the law, ensuring the benefit of the household (harmonious and lasting family) is achieved.
Dispute Between Waqf Land Vs. Inherited Land (Analysis of the Judge's Presumption as Evidence in Case No. 174/Pdt.G/ 2017/MS.Bna) Muhammad Husnul; Siti Jum’ah
QURU’: Journal of Family Law and Culture Vol. 2 No. 1 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i1.183

Abstract

This research discusses the invalidity of the Deed of Replacement of Waqf Pledge Deed on land belonging to the heir who rejected APIAW whose final implication at the appeal stage was that the deed was null and void because contrary to the evidence presented by the plaintiff and the judge's considerations in the form of the judge's guess. The issue of concern is whether the judge's opinion as one of the judge's considerations at the cassation stage can be used as evidence in this case. The research method used is qualitative with a normative juridical approach. The results of the research show that judges can use their assumptions as evidence in their considerations when deciding cases with the assumption that the evidence presented by the plaintiff and defendant has not been able to convince the judge. However, in the end, based on the judge's estimates, it could be concluded that APAIW and the Certificate of Ownership (SHM) had no legal force (not inkracht).

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