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VRISPRAAK, International Journal of Law
Published by STAI Miftahul Ula
ISSN : -     EISSN : 25974491     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
VRISPRAAK, International Journal of Law publishes research on various topics, national laws and international law, including analysis of laws and judges decisions. The journal has published some of the most popular and popular articles in this field. This is an invaluable resource for academics and also interested in current analysis of current legal issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 40 Documents
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Synchronising Adat and Sharia in Marriage: A Case Study in Indonesia Wahyudi, Achmad; Marlina, Yuli; Muniri; Muhammad Ghufron; Wafi , Abdul
VRISPRAAK : International Journal of Law Vol 7 No 2 (2023): September 2023
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v7i2.1146

Abstract

Marriage is a social institution that reflects the fusion of local and religious values in Indonesia. This article explores the synchronisation between customs and Islamic law in the conduct of marriage, focusing on case studies of Javanese and Bugis customs. A qualitative approach is used to identify patterns of harmonisation as well as challenges faced. The findings show that traditions such as siraman, midodareni, mappacci and panai can be harmonised with Islamic values, despite the challenges of traditions that are not in line with sharia and high costs. This article emphasises the importance of the role of ulama and traditional leaders in building dialogue and understanding to create sustainable harmony between custom and sharia, thus enriching marriage practices in Indonesia.
The Dynamics of Waqf in Islamic Civilisation: From the Prophet's Time to the Modern Era Sa'adillah, Rangga; Roesli, Mohammad; Robbani, Shofa; Imroatul Azizah; Muhammad Irfanudin Kurniawan
VRISPRAAK : International Journal of Law Vol 7 No 2 (2023): September 2023
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v7i2.1147

Abstract

Waqf is a concept in Islam that refers to the gift of property that is eternally useful for benevolent purposes. The history of waqf dates back to the time of Prophet Muhammad SAW, where he and his companions practised waqf as a means to fulfil the social and religious needs of the community. Initially, waqf was used to build mosques, madrasas, and provide public facilities such as wells and roads. The development of waqf continued during the Islamic Caliphate, with the establishment of various waqf institutions that supported education, health, and public infrastructure. In the modern era, the concept of waqf underwent a transformation with applications in broader economic and social fields, including the professional management of waqf assets to ensure the sustainability of its benefits. The history of waqf demonstrates its important role in the development of Islamic civilisation and its contribution to the welfare of society as a whole.
The Level of Mahr in Marriage : A Comparative Analysis of the Perspectives of the Shafi'i Madhhab and the Hanafi Madhhab Na'imah, Farida Ulvi; Qoharuddin, Moch. Azis; Mustaqim Makki; Sunaji; Isnin Harianti
VRISPRAAK : International Journal of Law Vol 7 No 2 (2023): September 2023
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v7i2.1148

Abstract

Dowry is one of the obligations in the marriage contract that is the wife's right to her husband. Although it is not a pillar of marriage, dowry has important symbolic and legal significance in Islam. This study aims to analyse the differences in views between the Shafi'i Madhhab and the Hanafi Madhhab regarding the level of dowry, the minimum limit, and the applicable provisions in each madhhab. This research uses a normative legal method with a descriptive-analytical and comparative approach to the sources of Islamic law from both madhhabs. The results show that the Shafi'i Madhhab does not set a minimum or maximum limit for dowry, provided that the goods or services provided have tradable value. Meanwhile, the Hanafi Madhhab sets a minimum dowry limit of ten dirhams and does not allow any amount below this. This study highlights the flexibility of Islamic fiqh in accommodating different social needs, while still maintaining the principles of justice and welfare in marriage.
Judges' Decisions as a Source of Family Law: Case Studies in Indonesia and Malaysia Kaha, Humaidi; Burhanudin, Achmad Asfi; Al Faruq, Muhammad
VRISPRAAK : International Journal of Law Vol 7 No 2 (2023): September 2023
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v7i2.1149

Abstract

Judges' decisions play an important role in shaping family law in Indonesia and Malaysia, especially in cases of child custody, divorce procedures, and post-divorce maintenance. This article analyses how the differences between the civil law system in Indonesia and the common law system in Malaysia affect the role of judges in determining just decisions. In addition to discussing normative aspects, this research also explores the impact of judges' decisions on society, especially women and children after divorce. The results show that in Malaysia, stronger legal mechanisms such as the Family Support Division (FSD) help ensure compliance with judges' decisions, while in Indonesia, the execution of judgements often relies on individual initiatives, leading to difficulties in the enforcement of maintenance and childcare rights. In addition, the flexibility of judges in the common law system allows for more contextual considerations in custody disputes, whereas the civil law system in Indonesia tends to be more rigid in applying written legal norms. This article recommends strengthening the mechanism of judgement execution in Indonesia to improve protection for women and children, as well as improving the consistency of judgements in Malaysia to avoid legal uncertainty. Thus, the role of judges in shaping family law can be more responsive to the needs of society.
Nusyuz and Syiqaq in Islamic Law : Concept, Impact, and Methods of Settlement Hanif, Hamdan Arief; Nasihin, Khoirun; Hamdani, Fahmi Fatwa Rosyadi Satria; Arie Rachmat Sunjoto
VRISPRAAK : International Journal of Law Vol 7 No 2 (2023): September 2023
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v7i2.1150

Abstract

Domestic conflict is an unavoidable phenomenon in married life. In Islam, there are two main forms of conflict that can cause disharmony in the family, namely nusyuz and syiqaq. Nusyuz refers to the defiance of one of the parties, either the husband or the wife, in carrying out their obligations in accordance with Islamic law. Meanwhile, syiqaq refers to a prolonged irreconcilable dispute between a married couple. This study aims to analyse the concepts of nusyuz and syiqaq as well as their settlement methods based on the perspective of Islamic law. This study uses a normative approach by examining the Qur'anic arguments, hadith, and the opinions of scholars. The results show that Islam regulates the steps of resolving nusyuz through advice, bed separation, and light sanctions with the aim of improving the relationship between husband and wife. In the case of shiqaq, Islam emphasises the importance of mediation through the appointment of hakam (peacemakers) from both parties before divorce becomes the last resort. By understanding the concepts and methods of conflict resolution in marriage according to Islam, it is hoped that married couples can be wiser in dealing with differences and prioritise fair and maslahat solutions for both parties.
The Position and Role of the Supreme Court in Fostering Religious Courts as Part of the National Legal System Afiful Huda; Sari, Wulan Permata
VRISPRAAK : International Journal of Law Vol 9 No 1 (2025): March 2025
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v9i1.1151

Abstract

This article aims to analyse the relevance of the position of the Supreme Court in relation to the Religious Courts within the national legal system, the role of the Supreme Court in the guidance and supervision of Religious Courts, and the review of the Supreme Court Regulation Number 5 of 2019 on Guidelines for Adjudicating Marriage Dispensation Applications. The approach used in this study is a normative juridical approach with a descriptive-analytical nature. The primary data source in this research is Supreme Court Regulation (PERMA) Number 5 of 2019, while secondary sources include books and articles relevant to the discussion. The data analysis technique employs content analysis. To test the validity of the data, triangulation is used along with an expanded reference base. The research results show that this "one roof" coaching aims to ensure that judicial power is exercised independently, responsibly, and without influence from the executive or other parties, thereby improving the judicial system, making it more integrated, and operating under a single command. As the Religious Courts are under the same roof as the Supreme Court, the role of judicial guidance is emphasised in Law Number 3 of 2006. Regarding technical guidance, this involves directions, particularly in the application of law by judges, carried out through various channels and methods. Meanwhile, the study of the Supreme Court Regulation Number 5 of 2019 indicates that the Supreme Court plays a key role in maintaining consistency, justice, and legal certainty in handling marriage dispensation cases in the Religious Courts, helping to preserve the integrity of the religious judicial system and ensuring that each marriage dispensation request is handled fairly and in accordance with the prevailing laws.
Legal Analysis of Child Adoption: An Islamic Perspective and Implementation in Religious Courts Hasbiyalla, Iklil
VRISPRAAK : International Journal of Law Vol 9 No 1 (2025): March 2025
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v9i1.1152

Abstract

Child adoption is a practice that has long been known in society, both in the perspective of Islamic law and positive law in Indonesia. This research discusses the procedure of child adoption in the Religious Court, the legal basis that regulates it, as well as the legal implications for adopted children and adoptive parents. In Islam, child adoption is allowed provided that the child's nasab status remains with his or her biological parents, as explained in the Qur'an and Hadith. Meanwhile, in Indonesian positive law, child adoption is regulated in various regulations, such as Law Number 23 of 2002 concerning Child Protection, as well as the Compilation of Islamic Law (KHI). This research uses a qualitative method with a descriptive-analytical approach to describe and compare the provisions of child adoption in the perspective of Islam and state law. The results show that although there are differences in concepts between Islamic law and positive law, both aim to protect the rights of children so that they can grow and develop properly. In addition, the process of child adoption in the Religious Court aims to provide legal certainty for adopted children and adoptive parents. Therefore, a comprehensive understanding of the procedures and legal consequences of child adoption is essential for the community to avoid mistakes in its implementation.
Determination of Child Origins in a Siri Marriage: Perspectives of Islamic Law and Positive Law in Indonesia Fitri, Abd. Basit Misbachul
VRISPRAAK : International Journal of Law Vol 9 No 1 (2025): March 2025
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v9i1.1153

Abstract

Siri marriage is a form of marriage that is religiously valid, but not registered at the Office of Religious Affairs (KUA), so it does not have legal force in state administration. One of the main problems caused by siri marriage is the legal status of children born from the marriage. Children born from a siri marriage often have no civil rights against their father, either in terms of inheritance or recording the father's name in the birth certificate. Based on Law Number 1 Year 1974 on Marriage and the Compilation of Islamic Law (KHI), children born from unregistered marriages only have a civil relationship with their mother. This study aims to analyse the legal provisions regarding the determination of the origin of children in a siri marriage and its implications for children's rights. The method used is a normative juridical approach by analysing the applicable regulations in Indonesia. The results show that although siri marriages are legal according to religion, children born from these marriages face limited legal rights. Therefore, isbat nikah is a legal alternative that can provide legal certainty for the status of children.
Strength of Evidence of Electronic Media (Teleconference) In The Criminal Justice System Mamulai, Muslim; Hardianto Djanggih; Mirnawanti Wahab
VRISPRAAK : International Journal of Law Vol 9 No 1 (2025): March 2025
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v9i1.1154

Abstract

The strength of the evidence of Electronic Media (teleconference) in the process of proving a criminal case according to the Criminal, specify a limited manner valid evidence and procedures for the use of that evidence thus have legal power of proof. Proof via electronic media (teleconference) regulates the judge / magistrate constitutional obligation to seek and find the truth so that the material taken into consideration for the judges in deciding a case. Implementation of evidence through electronic media in a criminal act, should the judge may use the priority when it will use the values ​​of the basic purpose of the law (justice, expediency and certainty) to accommodate the evidence through electronic media in examining the crime of existing.
Inheritance in the Perspective of Customary Law and the Compilation of Islamic Law Dimyati, Yayat
VRISPRAAK : International Journal of Law Vol 9 No 1 (2025): March 2025
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v9i1.1155

Abstract

Inheritance is an important part of social life that regulates the transfer of inheritance from the testator to the heirs. In Indonesia, the inheritance system is regulated in two main legal frameworks, namely customary inheritance law and Islamic inheritance law contained in the Compilation of Islamic Law (KHI). This article discusses the differences and similarities between the two legal systems, including the basic principles, principles, and mechanisms of inheritance distribution applied in society. Customary inheritance law tends to vary because it is influenced by local culture and the prevailing kinship system, such as patrilineal, matrilineal and bilateral. Meanwhile, Islamic inheritance law is sourced from the Qur'an and Hadith with more structured and binding principles of division. This article also highlights the role of KHI in providing legal certainty for Muslims in Indonesia as well as the challenges in harmonising customary and Islamic inheritance laws in daily practice.

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