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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. 2 (2024)" : 6 Documents clear
Normative Harmonization: The Eclecticism of Talak Law as a Compromise between Islamic Legal Principles and Indonesian Legislation Khasan Alimudin; M. Rifa Jamaludin Nasir
QURU’: Journal of Family Law and Culture Vol. 2 No. 2 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i2.187

Abstract

This article discusses the validity and legal consequences of divorce in Islamic law and positive law in Indonesia. This research uses a qualitative approach with deductive analysis method and literature study with Normative-Juridical approach. The results show that divorce is considered valid in Islamic law if it fulfills the predetermined conditions. On the other hand, in Indonesian positive law, divorce is recognized as valid if it is carried out through a court hearing process in accordance with Law No. 1 of 1974 concerning Marriage. In terms of post-divorce legal consequences, both Islamic law and Indonesian positive law regulate the rights, positions and obligations of former husbands and wives. Indonesian positive law, particularly in relation to divorce, has undergone legal eclecticism, incorporating the principles of legality, justice and humanity. Meanwhile, in the context of Islamic law, these principles are manifested in the concept of mashlahat, which covers five aspects, namely the maintenance of religion, soul, mind, offspring, and property.
Analysis of Liability and Legal Protection of Land Deed Officials (PPAT) Review of Court Decision No. 43/Pdt.G/2017/PN. Slt Fajar Fitrio Dwi Nugroho
QURU’: Journal of Family Law and Culture Vol. 2 No. 2 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i2.189

Abstract

This research aims to explore the legal protections and responsibilities assumed by Land Deed Officials (PPATs), particularly in the context of Court Decision No. 43/Pdt.G/2017/PN. Slt. Using a case study approach, we identify factors that affect the legal responsibilities of PPATs under the judgment. While evaluating whether the existing legal system has provided adequate protection to them. This research uses a juridical sociological approach method with a descriptive analytical nature, as well as primary data collection techniques through interviews and secondary data through an inventory of books, documents, and articles. The results of the analysis show that Court Decision No. 43/Pdt.G/2017/PN. Slt provides an important insight into the responsibility of PPAT in making land deeds. The implications of these findings are discussed in the context of improving a more effective legal system to ensure adequate protection for PPATs and the public interest in property transactions. The results show that PPATs must be responsible for the validity of the deeds they make in accordance with the rules and principles, and they are responsible for attending the trial. However, based on the precautionary principle, PPATs need to increase caution in making land payment settlement notes. In relation to the legal protection of PPATs, they are entitled to both mental and physical protection from interference and threats from any party.
Wife's Right to Property After Divorce: An Examination of Islamic Law and Legislation in Religious Court Decisions in Yogyakarta City Najichah
QURU’: Journal of Family Law and Culture Vol. 2 No. 2 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i2.190

Abstract

Indonesia as a sovereign state pays great attention to the rights of its citizens, especially in the context of marriage between men and women, through Islamic family law. Although there are still many divorce cases, the Religious Court as a judicial institution that handles family matters for Islamic citizens, plays an important role in positioning women fairly. However, the importance of wise, intelligent, honest and highly ethical judges cannot be ignored. Judges must be able to understand and apply the law with justice to all litigants, especially in divorce cases where women's rights are often neglected. Research into court decisions is important to see the extent to which judges consider women's interests in their decisions, especially in the context of post-divorce rights that have been formulated in Indonesian Islamic family law. The focus of this research is the wife's rights to post-divorce property as regulated in the legislation, as well as the extent to which these legal products are in accordance with the principles of gender justice. This research uses a qualitative approach with a field study at the Yogyakarta Religious Court. Data were collected and analyzed descriptively analytically, describing events related to court decisions. The gender approach was used to analyze the written law as well as what was decided by the judge in the court process. The results show that the rights obtained by women after divorce in Indonesian Islamic family law, such as the right to mut'ah, the right to maintenance, the right to refuse reconciliation, the right to hadlanah, and the right to joint property, are not discriminated against based on gender. There are no signs of marginalization, subordination, double workload, negative labeling, or violence against woman in Indonesian Islamic family law.
Family Transformation Toward Sakinah: A Review of Tarekat Naqsabandiyah Khalidiyah Role in Darul Ulum Islamic Boarding School Turi Panekan Magetan Choirul Daroji
QURU’: Journal of Family Law and Culture Vol. 2 No. 2 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i2.192

Abstract

Marriage is a very sacred ceremony, which aims to achieve happiness and in fact this marriage ceremony is inseparable from the rules set out in religious law. The main goal is to form a family filled with love and affection. However, in this day and age, the concept of family has lost its spiritual dimension as a means of worship to the Creator. Marriage is often considered a mere formality process, a social agreement between two individuals of different genders. As a result, the sacred meaning of marriage, where God is the witness to the covenant, is dimmed due to the lack of spirituality that pervades society. Family well-being is often measured in material terms, while spirituality plays a more important role. Therefore, the author is interested in examining families that have more value in the spiritual aspect, especially families related to tarekat. The purpose of this study is to uncover the impact of tarekat teachings on family well-being. In this article, the theory of spiritual intelligence is used as a foundation. The research method used is descriptive-analytical field research, using phenomenological and psychological approaches. Data were collected through interviews with primary sources consisting of murshids and students of the Naqsabandiyah Khalidiyah tarekat, as well as using secondary sources in the form of references from relevant books and journals. The results showed that marriage involves divine and human commitments, and is a social covenant. The implementation and role of the family in the Naqsabandiyah Khalidiyah tarekat take place as families in general. Therefore, tarekat can be considered as an alternative solution in forming a spiritually prosperous family
Comparison of Customary Law and Islamic Law on the Tradition of Donation in Walimatul 'Urs: in Padukuhan Nepi, Kranggan Village, Galur Sub-district, Kulon Progo Regency Rizka Mubarokati
QURU’: Journal of Family Law and Culture Vol. 2 No. 2 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i2.193

Abstract

Marriage is a noble sunnah that has been carried out by the Prophets and Messengers and the early and late generations who followed their guidance. Walimah itself means a celebration, a banquet specifically for marriage and is not used for events outside of marriage. Walimah according to the custom in Padukuhan Nepi is very important so that to hold a walimah the community has its own way to create the event such as collecting donations with the tonjokan tradition, namely giving in the form of food or groceries given before the walimah takes place. The subject matter discussed in this thesis is how the practice of how customary law and Islamic law views the practice of giving donations walimatul 'urs? and how does the community respond to the practice of giving donations at walimatul 'urs itself? This research is a field research. Data collection techniques include observation and literature study conducted by documenting documents and literature related to the research material. This research is descriptive comparative with normative and sociological approaches. Then the analysis method used is comparative analysis to compare the two concepts and find the meeting point of the two concepts. The results of this study indicate that in understanding the practice of donations in walimatul 'urs, Islamic law provides more benefits and convenience compared to customary law. In Islamic law, giving a donation is not an obligation but a voluntary gift that is believed to be rewarded by Allah SWT, while in customary law, especially the custom in Nepi Padukuhan, giving a donation at walimatul 'urs is an obligation because if it is not implemented, it will get its own sanctions from the local community.
Hindu Jurisprudence as The Basis and Source of Nepalese Family Laws: An Investigation Rajeev Kumar Singh; Jivesh Jha
QURU’: Journal of Family Law and Culture Vol. 2 No. 2 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i2.198

Abstract

Hindu jurisprudence has played an important role in the formation of the basis and source of family law in Nepal. This article conducts an in-depth investigation of how Hindu legal principles have influenced the regulation of family law in Nepal. Through careful analysis, it outlines the historical development of Hindu jurisprudence and the way its influence manifests in Nepal's family law provisions, particularly under the National Civil Code 2017. It explores the historical foundations of Hindu law and identifies its practical consequences in the Nepalese context, including possible incongruities between Hindu law and its regulations. In doing so, it provides a deep insight into the complexity of the interaction between Hindu legal traditions and the structure of family law in Nepal. This article discusses in detail the historical development of the recognition of Hindu jurisprudence under Nepal's family law. It illustrates how key laws, such as legal arrangements for marriage, adoption, maintenance, or division, are influenced by Hindu scriptures. The article explains the provisions of the family law (enacted under the National Civil Code, 2017) in light of Hindu laws and practices prevalent in India. It also presents inconsistencies between Hindu laws and embedded regulations. This research approach integrates as legal research with a socio-legal approach, and a thorough literature review to uncover the impact of Hindu jurisprudence on Nepali family law, particularly under the National Civil Code 2017. Through these methods, this article strengthens the understanding of the complex relationship between Hindu legal tradition and family law regulation in Nepal. The conclusion of this study highlights the importance of understanding the practical implications of the application of Hindu law in the context of Nepalese family law, as well as emphasizing the need for consistency and harmonization between Hindu law and applicable regulations to achieve justice in Nepal's evolving family law system.

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