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JURMA YUSTISI
Published by Universitas Ibn Khaldun Bogor
ISSN : -     EISSN : 30255309     DOI : https://doi.org/10.32832/jurmayustisi
Core Subject : Education, Social,
Education Law, Crime, Criminology & Criminal Justice
Yustisi Law Student Journal is a periodical Scientific Journal published by the Faculty of Law, Ibn Khaldun University of Bogor three times a year, namely in February, June and October. Yustisi Law Student Journal has a vision to become a leading scientific journal in disseminating and developing thoughts in the field of law. The editor of the Yustisi Law Journal, accepts Manuscripts of Research Articles, Review Articles and Book Review Articles that are in accordance with the systematic writing of the categories of each article that have been determined by the editor. The focus of this Journal is the Criminal Law Group, the Civil Law Group, and the Constitutional / State Administration Law Group.
Arjuna Subject : -
Articles 83 Documents
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Marriage Law with Stolen Property as Dowry: An Islamic Jurisprudence Perspective through the Lens of Maslahah Fadlan, Fadlan; Juhani, Hasan Bin; Billah, Muktashim
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1905

Abstract

This study aims to examine: (1) the legal framework of mahar (dowry) in marriage according to Islamic jurisprudence, and (2) the legal implications of using stolen property as mahar, analyzed through the principle of maslahah (public interest). This research employs a library-based methodology, drawing from primary and secondary sources including classical and contemporary fiqh works, Qur’anic exegesis, and scholarly articles. Data collection follows systematic steps of editing, organizing, and concluding, followed by comparative-verificative analysis. Findings reveal that in Islamic law, ownership of wealth is divine in nature (milkiyyah ilahiyyah), carrying moral and legal obligations. Using stolen property, even without direct involvement in theft, is strictly prohibited if its unlawful origin is known. All major Islamic schools agree that stolen property remains the rightful possession of its original owner and must be returned or compensated. Regarding marriage, the majority of scholars assert that the contract remains valid if its other pillars and conditions are met, but the haram mahar is void and must be replaced with an equivalent lawful dowry (mahar al-mithl). The tarjih approach supports this position to uphold the validity of the contract, preserve public interest, and prevent greater harm (mafsadah). The study concludes that the use of haram wealth in dowry is a violation of Islamic principles with moral and social consequences, requiring repentance, restitution, and lawful substitution.
The Role of the Office of Religious Affairs in Central Mawasangka District, Central Buton Regency, in Addressing Early Marriage Usaimin, M. AL –; Miro, Abbas Baco; Billah, Muktashim
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1907

Abstract

This study explores the role of the Office of Religious Affairs (Kantor Urusan Agama/KUA) in Central Mawasangka District, Central Buton Regency, in preventing early marriage. Early marriage remains a significant social and legal issue in several regions of Indonesia, including Southeast Sulawesi, due to factors such as cultural traditions, economic hardship, and limited access to education. The research applies a qualitative descriptive method, using interviews, documentation, and library research to analyze the preventive strategies implemented by KUA officials. Findings indicate that the KUA plays a strategic role not only in administering marriage registration but also in providing premarital counseling, community education, and coordination with local government agencies. The study also reveals several obstacles, including deeply rooted cultural norms, lack of awareness among parents, and limited resources for outreach programs. Nevertheless, the proactive engagement of KUA in socialization campaigns, religious lectures, and policy advocacy has contributed to a gradual reduction in early marriage cases. This study concludes that strengthening institutional capacity, enhancing inter-agency collaboration, and increasing public awareness are essential to achieving sustainable prevention.
The Mapparola Tradition in Marriage Practices of the Belawa District Community, Wajo Regency Rudin, Syafaat; Ashar, Ashar
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1944

Abstract

This thesis discusses Mapparola in the marriage customs of the Bugis Wajo community. The main issue is the implementation of the Mapparola tradition in marriages for the community in Belawa Siattinge District, Wajo Regency, and its perspective according to Islamic law. This research is a field study using qualitative methods and employs two approaches: sociological and empirical. The data in this study were obtained from interviews with cultural leaders, religious leaders, and individuals considered knowledgeable in Islamic law, including the Head of the Religious Affairs Office (KUA) of Belawa District, Islamic Religious Counselors, and cultural leaders who understand the culture in Wajo Regency. The aim of this research is to understand the process of implementing the Mapparola tradition in marriage and to comprehend the views of the Belawa community, Wajo Regency, regarding this tradition in the context of marriage. The Mapparola tradition is one of the local cultural heritages that is still preserved by the community as part of the marriage customs. The method used in this research is qualitative with a descriptive approach. Data were collected through observation, in-depth interviews, and documentation involving cultural leaders, newlywed couples, and local communities. The results of the study indicate that the Mapparola tradition has specific stages that are rich in symbolic and cultural values, such as respect for the families of the bride and groom, mutual cooperation, and values of politeness. The Belawa community views this tradition as an important part of maintaining cultural identity and strengthening social ties between families. Although it has undergone some adjustments in its implementation, the Mapparola tradition remains a respected element in the traditional marriage process in the region.

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