cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Laras Shesa
Contact Email
larasshesa@iaincurup.ac.id
Phone
+6282375625253
Journal Mail Official
larasshesa@iaincurup.ac.id
Editorial Address
Pusat Penerbitan dan Publikasi Ilmiah Institut Agama Islam Negeri Curup Jl. Dr. Ak. Gani No. 01 Curup, Rejang Lebong Bengkulu - Indonesia
Location
Kab. rejang lebong,
Bengkulu
INDONESIA
Berasan: Journal of Islamic Civil Law
Published by Institut Agama Islam Negeri Curup
ISSN : 29632366     EISSN : 2963234X     DOI : 10.29240/berasan
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Berasan: Journal of Islamic Civil Law is published twice in a year, on June and December. This journal is published by the Institut Agama Islam Negeri Curup. This journal is projected as a media, sphere, and dessemination of scholars studies on islamic law issues. Indeed, Berasan invites all of participant—scholars and researchers to submit their best-papers, and publish it in Berasan: Journal of Islamic Civil Law Berasan: Islamic Civil Law Journal encompasses a broad range of research topics in Islamic law: Islamic Family Law, Islamic Civil Law, Legal Assistence in Islam, Religious Courts, Religious Courts Procedural Law, Islamic Civil Administration, Islamic Inheritance Law, Islam and Gender Discourse, Legal Drafting of Islamic Civil Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 3 No. 2 (2024): Desember 2024" : 6 Documents clear
Revitalisasi Nilai Islam dalam Adat Perkawinan pada Tradisi Piti Rambang Yuniardi, Harry
Berasan: Journal of Islamic Civil Law Vol. 3 No. 2 (2024): Desember 2024
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v3i2.11753

Abstract

This study aims to analyze the practice of Piti Rambang in the perspective of Islamic civil law, as well as how the revitalization of Islamic values can be applied to harmonize customs with the principles of justice and protection of women's rights. This study uses an analytical descriptive method with a normative-empirical approach. The normative approach is carried out through the study of Islamic law, the Marriage Law, and human rights law in Indonesia. Meanwhile, an empirical approach is carried out through secondary data analysis related to Piti Rambang's practices, interviews with traditional leaders, academics, and women activists in Sumba. The results of the study show that the practice of Piti Rambang is contrary to the basic principles of marriage in Islam, which emphasizes the willingness of both parties (ridha) and gender justice. In national law, this practice violates the provisions of Article 6 of Law Number 1 of 1974 concerning Marriage, which requires the consent of both prospective brides. In addition, Piti Rambang can also be categorized as a violation of human rights and kidnapping based on Articles 328 and 333 of the Criminal Code. As an effort to revitalize Islamic values in marriage customs, it is necessary to carry out a reconstruction of customary law that is more oriented towards the values of sakinah, mawaddah, wa rahmah, as well as education to the public about women's rights in marriage. Local governments, religious leaders, and women's protection institutions must play an active role in conducting socialization and advocacy to ensure that Islamic customs and laws can run in harmony without harming certain parties, especially women.
Transformasi Hukum Perkawinan di Indonesia, Malaysia, dan Brunei Darussalam: Kajian Kritis atas Batas Usia Perkawinan dalam Perspektif Maqashid Syariah Joni, Joni
Berasan: Journal of Islamic Civil Law Vol. 3 No. 2 (2024): Desember 2024
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v3i2.8155

Abstract

This research aims to analyze the marriage age limit policy in Indonesia, Malaysia, and Brunei Darussalam as well as review its implications in the perspective of maqashid sharia. The research method used is a qualitative approach with a comparative study of the regulation of marriage laws in the three countries, supported by juridical and conceptual analysis within the framework of maslahah mursalah. The results of the research show that the age limit for marriage in Indonesia has been reformed with the enactment of Law Number 16 of 2019 which equalizes the minimum age of marriage for men and women to 19 years. Meanwhile, Malaysia still maintains a minimum age limit of 16 years for women and 18 years for men, despite the possibility of dispensation by sharia judges. In Brunei Darussalam, the regulation of the age limit for marriage is more varied and depends on ethnic and religious background, with most regulations allowing marriage at a lower age than international standards. The conclusion of this research affirms that the transformation of marriage law in the three countries shows that there is an effort to harmonize the principles of Islamic law and the protection of individual rights, especially in safeguarding the well-being of women and children. In the perspective of sharia maqashid, setting the marriage age limit aims to protect religion (ḥifẓ al-dīn), soul (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), offspring (ḥifẓ al-nasl), and property (ḥifẓ al-māl). Law reform in Indonesia is more in line with the principle of protection for individuals, while Malaysia and Brunei still provide flexibility while maintaining traditional elements.
Problematika Perkawinan Beda Usia Pada Masyarakat Kecamatan Cina Perspektif Hukum Islam Zakfah, Misnawati; Sarina, Sarina
Berasan: Journal of Islamic Civil Law Vol. 3 No. 2 (2024): Desember 2024
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v3i2.11816

Abstract

This research aims to determine the perspective of Islamic law regarding age difference issues in the Chinese District community and efforts to overcome the problem of age difference marriages in the Chinese District community. Research data was obtained by conducting qualitative field research using observation, documentation and direct interview data collection techniques with the community in Cina District. The research approach used is a normative theological and sociological approach. The results of the research show that the people of China District have varying views regarding age-gap marriage, where some support it on the grounds that age is not the only indicator of maturity and success in marriage, while others disagree because of the social stigma attached. From the perspective of Islamic law, this kind of marriage is considered valid as long as it meets the specified conditions and harmony, although the couple needs to overcome challenges arising from the age difference. The efforts made by the people of China District in overcoming the problems that arise in age-gap marriages are compromising on the expectations of each partner, looking for similar interests in each other, ensuring that values, morals and life goals are in accordance with each other, seeking social support, planning problem solving, using coping strategies in solving problems.
Praktik Adat Kekampi Desa Pagar Agung Muara Enim dan Akibat Hukumnya Menurut Hukum Keluarga Islam Ifrohati, Ifrohati; Ramelan, Rafida; Halnasia, Rati
Berasan: Journal of Islamic Civil Law Vol. 3 No. 2 (2024): Desember 2024
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v3i2.11892

Abstract

The purpose of the research is to find out the implementation of kekampi customs and a review of Islamic family law on kekampi customs in the village. The method used in this study is field research or qualitative (field research) collecting data directly dealing with the phenomena that occur data, namely by interview and documentation. Data analysis techniques use descriptive analysis by presenting the results of interviews and drawing conclusions deductively. The results of the study obtained are that the practice of the kekampi custom consists of several stages, namely the first is the arrival of the prospective groom, the second is the arrival of the prospective groom with his family, the third is the arrival of the woman's family to the groom's house, the fourth is gathering the family, the fifth is the cooking event and the arrival of residents, the sixth is the marriage contract, the seventh is the reception. And the legal consequences of the agreement between the two parties who carry out the kekampi custom are regarding property, residence, inheritance, and the position of the man. Therefore, Islamic law states that the marriage of kekampi custom is a custom that is not prohibited in Islamic law, but looking at the incompatibility of the legal consequences of kekampi custom, it is not in accordance with Islamic law. For this reason, kekampi custom marriage can be said to be corrupt because kekampi custom is a customary custom in which there are legal consequences in terms of property, inheritance and the position of the man that is not in line with Shari'ah.
Urgensi Pembelajaran Batasan Usia Pernikahan bagi Perempuan dalam Perspektif Hukum Islam: Studi Literatur tentang Perlindungan Hak dan Kesejahteraan Mardliyati, Saadah
Berasan: Journal of Islamic Civil Law Vol. 3 No. 2 (2024): Desember 2024
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v3i2.12510

Abstract

This study aims to examine the importance of learning the age limit of marriage for women from the perspective of Islamic law, by highlighting the implications for the protection of women's rights and family welfare. In Islamic law, marriage is not only a form of legalization of the relationship between a man and a woman, but also as an institution that aims to create a harmonious and prosperous domestic life. However, the age limit for marriage is often a matter of debate, especially in relation to aspects of health, education, and social welfare. This study uses a literature study method with a descriptive-qualitative approach, which analyzes various sources from fiqh books, Islamic legal regulations, and empirical research related to the impact of early marriage on women. Data is collected through literature review of journals, books, and relevant legal documents. The results of the study show that the age limit for marriage for women in Islamic law has flexibility, but still considers the aspects of maturity (rusyd) and benefits. These findings reveal that early marriage has a negative impact on women's reproductive health, education, and welfare, so there is a need for a deep understanding of the urgency of marriage age limits. In conclusion, learning about the age limit of marriage from the perspective of Islamic law is very important to increase public awareness and ensure that marriage is carried out in more ideal conditions and benefits for women and a more stable domestic life.
Kontribusi Pendidikan Islam dalam Meningkatkan Kesadaran Hukum tentang Nafkah dalam Rumah Tangga Ngadri, Ngadri; Sanusi Md Noh, Muhammad
Berasan: Journal of Islamic Civil Law Vol. 3 No. 2 (2024): Desember 2024
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v3i2.12517

Abstract

This study discusses the contribution of Islamic education in increasing legal awareness about domestic maintenance. This research uses a literature study method by examining various sources such as books, scientific journals, ulama fatwas, and Islamic legal documents related to Islamic education and maintenance law. An analysis was carried out on Islamic education theory, the concept of legal awareness, and the study of Islamic family law to understand how Islamic education contributes to building an understanding of the obligation to provide for maintenance. The results of the study show that Islamic education plays a role in increasing understanding and compliance with the law of domestic maintenance. A curriculum that teaches Islamic family law in formal and non-formal educational institutions can strengthen individual awareness of rights and obligations in the family. However, the contribution of Islamic education is still influenced by teaching methods, family support, and social environment. The conclusion of this study confirms that Islamic education has a significant contribution in building awareness of the law of maintenance in the household. Therefore, it is necessary to strengthen the curriculum and learning strategies so that the understanding of Islamic family law can be more optimal.

Page 1 of 1 | Total Record : 6

 1 

Filter by Year

2024 2024


Reset
Filter By Issues
All Issue Vol. 4 No. 1 (2025) Vol. 3 No. 2 (2024): Desember 2024 Vol. 3 No. 1 (2024) Vol. 2 No. 2 (2023) Vol. 2 No. 1 (2023) Vol. 1 No. 2 (2022) Vol. 1 No. 1 (2022)