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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 5 Documents
 1 
Search results for , issue "Vol 7 No 2 (2023): September 2023" : 5 Documents clear
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.

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