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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. 3 (2024)" : 6 Documents clear
Legal Protection and Notary Responsibilities: A Review of the Deed of Testament in the Context of Civil Cases Robiatul Adawiyah
QURU’: Journal of Family Law and Culture Vol. 2 No. 3 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i3.181

Abstract

A testament deed is an authentic deed that has perfect proof. Testament is a unilateral will, so it does not require agreement with other parties, as a partij deed, the Notary only formulates the wishes of the Testator, because it involves property it often causes problems so that it is possible for a lawsuit against the testament deed. Analysing the decision of the Yogyakarta District Court No. 58/PDT.G/2011/PN.YK.Problem formulation: Legal protection for Notary related to the deed of will in civil case connected with Law No. 2 Year 2014, and Notary's responsibility towards the deed of will in civil case. The purpose of the research: to know the legal protection for Notary related to the deed of will in civil case in relation with Law No. 2 Year 2014. To find out the responsibilities of the Notary towards the testamentary deed in civil cases. The research method used in this research uses a normative juridical approach with additional interviews. The normative juridical approach is sourced from data collection obtained from library materials and then analysed by qualitative analysis method. The conclusion of the research is that the Notary is only responsible for the formal form of the deed he made, and is not responsible for the content of the deed. The protection of the Notary is that the will deed is a unilateral act, does not need the consent of other parties, as a partij deed, the Notary only formulates the wishes of the Testator, not as a party to the deed (Articles 52, 53 UUJN), besides that it is based on Article 66 of the UUJN which previously had to be approved by the MPD, currently replaced by the Notary Honor Council. Notaries are protected if they have fulfilled the requirements that must be met in making a deed of will. The author suggests that in making a deed, it is necessary to be careful, and adhere to the rules of the Notary Office. In addition, the Notary needs to provide information related to the will deed to the maker of the will and the party concerned. The government is expected to form regulations governing the protection of Notaries.
Matchmaking in Sunan Giri Salatiga Islamic Boarding School: A Review of J.S. Mill's Utilitarianism Muhammad Ova Lutfi Badrul Huda; Ali Geno Berutu
QURU’: Journal of Family Law and Culture Vol. 2 No. 3 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i3.197

Abstract

This article analyses the concept of utilitarianism proposed by J.S. Mill and its application in the context of arranged marriages at Sunan Giri Islamic Boarding School in Salatiga. Furthermore, the purpose of this research is to analyse an arranged marriage that occurs in an Islamic boarding school using the theory of utilitarianism presented by J.S. Mill.  The research applied is field research with a qualitative method that is descriptive analytical, and uses a phenomenological approach using J.S Mill's theory. Data was collected through interviews conducted with the parties involved both online and offline, which in this case is the Kiai of the pesantren or Abah Rikul and senior students and students who have been successfully matched. It was found that in terms of the causes and effects of matchmaking that occurred in line with the ultimate goal to be achieved by utilitarianism. The results showed that the arranged marriage that occurred at Pondok Sunan Giri was actually to maintain the principles of utilitarianism, namely as follows: a) In the aspect of usefulness that arranged marriages are actually to maintain the dignity of the santri themselves. b) Then in the aspect of justice, that arranged marriages that occur at the cottage are democratic in which the final decision holder is fully in the approval of the prospective bride and groom, c) Then then there are individual interests. As a basic capital, to serve in the community, d) Then the last is the public interest. In this case it is contained in the purpose of matchmaking where according to Abah Rikul the matchmaking must be able to have a positive effect on the benefit of as many people as possible.
The Causes and Consequences of Child Marriage Among Muslim Community: With Special Reference to the Cases Identified in the Eastern Province of Sri Lanka Saujan, Iqbal; Seeni Mohamed Mohamed Nafees; Yusuf Sani Abubakar
QURU’: Journal of Family Law and Culture Vol. 2 No. 3 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i3.214

Abstract

The age of marriage for women is influenced by various socio-economic and cultural factors and remains a controversial topic in Sri Lanka. Child marriages are highly destructive, violating the fundamental rights of children protected by multiple global and national laws. The Eastern Province of Sri Lanka is particularly affected by this issue, resulting in children abandoning education and facing sexual, physical, and emotional violence, as well as premature motherhood. This study aims to identify the socio-economic and cultural factors driving child marriage in this region and to assess its impacts on the lives of those affected. Utilising a mixed-method approach, data were collected through questionnaire surveys and semi-structured interviews with young women who experienced early marriage, their parents, community leaders, and other informed individuals. The literature review included research articles, reports, and web publications to construct the theoretical framework. Findings indicate that factors such as parental marriage at a young age, parental death, dowry, poverty, large family sizes, and lack of interest in education significantly contribute to early marriages. Physical and psychological effects were found to be more prevalent than other social and economic impacts. These findings provide a foundation for future research and policy interventions aimed at mitigating child marriage.
Analysis of Positive Law on the Origin of Children from Fasid Marriage: Case Study of Stipulation No. 040/Pdt.P/2017/Pa.Sal in Salatiga Religious Court Tegus Basuki
QURU’: Journal of Family Law and Culture Vol. 2 No. 3 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i3.224

Abstract

Every child has the right to know his or her parents, to be raised, and to be cared for by his or her own parents. The provision regarding the child's right to know who his or her parents are, in the sense of origin (including the mother of the milk), is intended to avoid the disconnection of genealogy and blood relations between the child and his or her biological parents, while the right to be raised and cared for by his or her parents is intended so that the child can obey and respect his or her parents. This statement is in accordance with Article 7 Paragraph 1 of Law of the Republic of Indonesia Number 23 of 2002 concerning Child Protection. This research focuses on the position of children born from a fasid marriage, do they still have the right to know their parents and are considered legitimate children? This research is the result of Library Research and Field Research which is Comparative Descriptive. The approach that researchers use is the Normative Juridical approach. This study aims to answer the problem of whether children born from a broken marriage or called fasid can be considered a legitimate child, or only considered to be a biological child and how the consideration of the panel of judges examining case Number: 040/Pdt.P/2017/PA.Sal in deciding the case. The result of this study is that the author sees that the consideration of the judges in deciding refers to the decision of the Constitutional Court Number 46/PUU-VIII/2010 dated 27 February 2010, Article 43 Paragraph 1 of Law Number 1 of 1974 which states, "Children born outside marriage only have a civil relationship with their mother and their mother's family", does not have binding legal force as long as it is interpreted to eliminate civil relationships with men who can be proven based on science and technology and / or other evidence according to the law turns out to have a blood relationship as the father.
Itsbat Marriage of Sirri Polygamy in Progressive Law Perspective, Case Study of Decision Number 5065/Pdt.G/2019/PA.Clp Ummu Salamah Nur Rohmawati
QURU’: Journal of Family Law and Culture Vol. 2 No. 3 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i3.233

Abstract

A case concerning an application for itsbat marriage at the Cilacap Religious Court filed by a husband and his second wife. Their marriage was conducted siri without the knowledge of the first wife. This application was filed to obtain legalisation of their siri marriage so that it could be officially recorded, which has implications for the legality of children born from the marriage and other civil rights. The purpose of this research is to find out the considerations and factors behind a Judge granting a marriage isbat application. then the second objective is to analyse the results of Decision Number 5065/Pdt.G/2019/PA.Clp in terms of progressive law. This type of research is library research using a normative juridical approach using progressive legal theory. The conclusion in Itsbat Marriage Case in Decision Number 5065/Pdt.G/2019/PA.Clp is that the judge considers aspects of humanity, social justice, and benefits for all parties involved. From the aspect of substantive justice, the decision reflects an approach that takes into account the best interests of the child, harmony in the family, and the protection of women's rights. In the context of the judge's background, the granting of this decision may have been influenced by a deep understanding of the social and cultural values of the local community, as well as a broad understanding of religious norms relating to marriage. The judge may also have considered the urgency of protecting children's rights and the need to resolve family conflicts fairly and peacefully. As such, the granting of this decision demonstrates the judge's commitment to achieving substantive justice in accordance with the social, cultural and religious values of the community, while ensuring the protection of the rights of the individuals involved in the case.
Settlement of Grant Disputes in the Perspective of Islamic Law (Analysis of Decision Number: 48/Pdt.Sus/2011 About Cancellation of Grant) Suaidi
QURU’: Journal of Family Law and Culture Vol. 2 No. 3 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i3.235

Abstract

In recent decades, grant disputes have attracted considerable attention because the decisions often present debates and the decisions concluded need to reach decisions that are just and in accordance with applicable legal principles. This article will analyse Decision Number: 48/Pdt.Sus/2011 on grant cancellation. The method used in this research uses a normative juridical approach method by examining the results of the decision. This research aims to understand how Islamic law is applied in grant dispute cases, particularly in the context of grant cancellation between parents and their children. Through this case study, the legal bases used by the court were analysed, including the Compilation of Islamic Law (KHI) and the Compilation of Sharia Economic Law (KHES). This study found that the court's decision refers to Article 212 of the KHI and Article 712 of the KHES which stipulates that the grantor can withdraw the grant after the handover has been carried out on the condition that the recipient agrees to it, this provision does not apply to grants from parents to their children. Grants from parents to their children can be withdrawn as long as the child is still alive, according to article 714 paragraph (2) KHI.

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