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Laras Shesa
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Pusat Penerbitan dan Publikasi Ilmiah Institut Agama Islam Negeri Curup Jl. Dr. Ak. Gani No. 01 Curup, Rejang Lebong Bengkulu - Indonesia
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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 5 Documents
 1 
Search results for , issue "Vol. 4 No. 1 (2025)" : 5 Documents clear
Interfaith Marriage in Indonesia: Judicial Interpretation of Surabaya District Court Decision No. 916/Pdt.P/2022/PN.Sby in the Perspective of Human Rights and Islamic Law Compilation Pratama, Deo Agung
Berasan: Journal of Islamic Civil Law Vol. 4 No. 1 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v4i1.8390

Abstract

This article examines the legal reasoning and implications of the Surabaya District Court Decision No. 916/Pdt.P/2022/PN.Sby, which granted an application for interfaith marriage registration. Using a normative juridical and library research method, the study analyzes primary legal sources such as the Marriage Law No. 1 of 1974, Government Regulation No. 9 of 1975, the Compilation of Islamic Law (KHI), the Qur’an, and relevant Constitutional Court rulings, alongside secondary literature on human rights and family law in Indonesia. The findings reveal a deep legal tension: while Law No. 1/1974 and KHI prohibit interfaith marriage on religious grounds, the Population Administration Law (No. 23/2006) and subsequent judicial practices provide loopholes through civil registration upon court approval. From a human rights perspective, the decision was justified by invoking constitutional guarantees of freedom of religion and the right to form a family. However, from the standpoint of Islamic law and prevailing religious norms, the marriage lacks legal and spiritual validity. This study contributes to scholarly debates on legal pluralism, judicial activism, and the intersection between state law, religion, and human rights in Indonesia. It argues that inconsistent judicial interpretations not only undermine legal certainty but also raise broader questions about the harmonization of national law with religious doctrines in a plural society.
Judicial Interpretation of Waqf Land Validity in Indonesia: A Comparative Analysis of Positive Law and Islamic Law through Case Decision No. 453/Pdt.G/2020/PA.Kdi Paramitha, Attahiraa Prajna; Huda, Miftahul
Berasan: Journal of Islamic Civil Law Vol. 4 No. 1 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v4i1.12639

Abstract

Waqf has long functioned as both a religious act of worship and a social instrument that sustains community development in Muslim societies. Nevertheless, disputes frequently arise concerning the legal validity of waqf land, particularly when the procedures deviate from statutory regulations. This study examines the judicial reasoning behind Decision No. 453/Pdt.G/2020/PA.Kdi of the Religious Court of Kendari, which involved a conflict between two nazhirs claiming authority over the same waqf land. Employing normative legal research with a case approach and drawing on secondary legal materials, the study analyzes the intersection between Indonesian positive law—represented by Law No. 41/2004 on Waqf, Government Regulation No. 42/2006, and the Compilation of Islamic Law—and Islamic legal principles concerning waqf validity. The findings reveal that the court invalidated the first waqf due to the absence of an authentic deed, thereby prioritizing procedural formalities under statutory law. However, from the standpoint of Islamic law, the waqf remained valid as it fulfilled the essential pillars of waqf, namely waqif, mauquf, mauquf ‘alaih, and sighat. This divergence underscores the tension between formal legal certainty in positive law and the substantive validity emphasized in Islamic jurisprudence. The article contributes to scholarly debates on legal pluralism in Indonesia, offering insights into how judicial decisions navigate between state law and Islamic legal doctrines in resolving waqf disputes.
Judicial Considerations in Granting Interfaith Marriage Applications: A Critical Study of Bandung District Court Decision No. 166/Pdt.P/2022/PN.Bdg within the Framework of Indonesian Marriage Law and Human Rights Paijar, Pijri
Berasan: Journal of Islamic Civil Law Vol. 4 No. 1 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v4i1.13438

Abstract

This article critically examines the Bandung District Court Decision No. 166/Pdt.P/2022/PN.Bdg, which granted an interfaith marriage application despite the absence of explicit legal provisions in Indonesian Marriage Law No. 1 of 1974 and the Compilation of Islamic Law (KHI). Employing a normative juridical method with a library research approach, this study analyzes statutory regulations, judicial practices, and scholarly literature related to marriage law, interfaith unions, and human rights. The findings demonstrate that while Indonesian marriage law emphasizes religious conformity as the legal basis for marriage validity, the court employed judicial activism to justify the registration of interfaith marriages through civil administration, citing the principles of human rights and freedom of religion enshrined in the 1945 Constitution. This decision reflects ongoing legal pluralism in Indonesia, where religious norms and state law often intersect and conflict. The article argues that such judicial practices, though aimed at protecting constitutional rights, create legal uncertainty and social controversy, particularly regarding the legitimacy of interfaith marriages under Islamic law. The contribution of this study lies in highlighting the judicial role in navigating tensions between religious doctrine, constitutional rights, and legal certainty in a plural society, offering insights into the need for harmonization between state and religious laws in Indonesia.
Enforcement of Post-Divorce Financial Obligations in Indonesian Islamic Family Law: A Case Study of Child Maintenance Haris Muizzuddin, Ahmad
Berasan: Journal of Islamic Civil Law Vol. 4 No. 1 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v4i1.13449

Abstract

This study examines the enforcement of post-divorce financial obligations in Indonesian Islamic family law, with a particular focus on child maintenance. The research aims to analyse how the Religious Courts implement judicial decisions related to child support after divorce and to identify the challenges faced in ensuring compliance. Employing a normative juridical approach complemented by empirical data, the study draws upon statutory provisions, classical fiqh literature, and fieldwork consisting of interviews with judges and court officials in Bengkulu. The findings reveal that although Indonesian legislation and the Compilation of Islamic Law explicitly require fathers to provide child maintenance following divorce, enforcement remains problematic. The main obstacles include the limited legal instruments available to compel execution, the passive role of the courts that rely on the mother's initiative to file for execution, and the low level of legal awareness among litigants. The case analysis of Decision No. 174/Pdt.G/2012/PA Bn illustrates these structural and procedural weaknesses. The study concludes that effective protection of children's rights requires strengthening the execution mechanisms of the Religious Courts, enhancing public legal literacy, and reformulating policies that align with both Islamic legal principles and the demands of contemporary justice.
The Neglect of Husband’s Nusyuz in Indonesian Islamic Civil Law: A Doctrinal Analysis of Qur’anic Principles and the Compilation of Islamic Law Nur Wahid, Ahmad
Berasan: Journal of Islamic Civil Law Vol. 4 No. 1 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v4i1.14305

Abstract

The study aims to examine the concept of husband’s nusyuz within Islamic civil law and to evaluate its absence in the Indonesian Compilation of Islamic Law (KHI). Although the Qur’an, particularly Surah An-Nisa (128), recognizes the possibility of marital disobedience by husbands, the KHI explicitly regulates only the wife’s nusyuz, thereby creating a doctrinal imbalance. Employing a normative juridical method with a doctrinal and analytical approach, this research investigates primary legal sources (the Qur’an and classical fiqh) and positive legal instruments (KHI and related legislation) to identify the normative gap. The findings show that husband’s nusyuz encompasses both material violations, such as the neglect of maintenance and dowry, and non-material violations, including mistreatment, injustice, or abandonment. The omission of husband’s nusyuz in KHI restricts legal remedies available to wives and perpetuates asymmetry in marital rights and obligations. The study concludes that doctrinal reform is required to incorporate explicit provisions on husband’s nusyuz into KHI, thereby harmonizing Indonesian Islamic civil law with Qur’anic principles and the objectives of maqāṣid al-sharī‘ah. Such reform would strengthen legal protection for wives and promote greater gender justice within the framework of Islamic family law in Indonesia.

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