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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 40 Documents
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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.
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.

Page 4 of 4 | Total Record : 40

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