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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. 8 No. 1 (2024): March 2024" : 5 Documents clear
The Concept of Mut'ah Marriage in Islamic Jurisprudence Afiful Huda
VRISPRAAK : International Journal of Law Vol. 8 No. 1 (2024): March 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i1.1161

Abstract

Nikah Mut'ah contract is when a man marries a woman by specifying the length of their marriage period, whether it is a day, a week, or a month, or other time limits. That mut'ah marriage was once allowed by the Prophet PBUH is not denied by Ahlu Sunnah scholars. There are reports that mention the practice of mut'ah marriage at the time of the Prophet, but there are also many reports that confirm that mut'ah marriage has been cancelled. The schools of Maliki, Shafi'I, Hanafi and Hambali agree that mut'ah marriage or contract marriage is haram and invalid. Imam Shafi'i said, Mut'ah marriage which is prohibited is all marriages that are limited by time, either in the short term or long term, while Imam Nawawi said, Mut'ah marriage is not allowed, because marriage is basically a mutlaq aqad, so it is not valid if it is limited by time.
Unregistered Marriage in the Study of Indonesian Positive Law and Islamic Law Hasbiyalla, Iklil
VRISPRAAK : International Journal of Law Vol. 8 No. 1 (2024): March 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i1.1162

Abstract

Marriage is a sacred institution in Islam and state law that aims to form a harmonious family. However, in practice, there are still many people who conduct marriages without official registration at the Office of Religious Affairs (KUA), known as nikah siri. This study aims to analyse the views of Islamic law and Indonesian state law on nikah siri, as well as the impacts of this practice. Under Islamic law, siri marriages can be considered valid if they fulfil the conditions and pillars of marriage, although the practice remains controversial. From the perspective of state law, siri marriages are not recognised because they do not fulfil the element of registration as stipulated in Marriage Law No 1 of 1974. While siri marriage has positive impacts, such as avoiding adultery, it also has greater negative impacts, especially in terms of legal protection for women and children. Therefore, marriage registration is a crucial aspect in safeguarding the rights of married couples as well as order in society.
Analysis of Judges' Decisions in Gender-Based Violence Cases at the Religious Courts Dimyati, Yayat
VRISPRAAK : International Journal of Law Vol. 8 No. 1 (2024): March 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i1.1163

Abstract

Gender-based violence (GBV) remains a serious challenge in Indonesian society, including within the family. Religious Courts, as legal institutions that handle family disputes, have an important role in providing justice to victims, especially women. This article analyses the pattern of judges' decisions in cases of gender-based violence in the Religious Courts with a focus on the factors that influence decisions and the relevance of these decisions to the principles of gender justice. Using normative and empirical juridical approaches, it is found that despite efforts to protect victims of GBV, there are still challenges in proof and application of substantive justice principles. This article recommends training for judges, improving access to legal aid for victims, and improving regulations to strengthen legal protection for victims of gender-based violence.
Legal and Social Implications of Underage Marriage in the Context of Islam and Legislation Ekaningsih, Lely Ana Ferawati
VRISPRAAK : International Journal of Law Vol. 8 No. 1 (2024): March 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i1.1164

Abstract

Marriage is a social institution that aims to form a harmonious and prosperous family. However, in several regions in Indonesia, the practice of underage marriage is still rampant even though there are regulations governing the minimum age of marriage, such as in Marriage Law No. 1 of 1974. This study aims to examine the factors behind the practice of underage marriage, its implications for domestic life, and how Islamic law and Indonesian positive law view this phenomenon. The results show that economic factors, culture, promiscuity, and lack of understanding of the law are the main causes of underage marriage. This practice often has a negative impact on children's health, education and welfare, and increases the risk of divorce. Therefore, it is necessary to strengthen regulations, increase public awareness, and interventions from various parties to reduce the number of underage marriages.
Use Of Criminal Investigation Scientific Method In Crime Investigation: (Case Study in South Sulawesi Police) Farah Syah Reza
VRISPRAAK : International Journal of Law Vol. 8 No. 1 (2024): March 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i1.1165

Abstract

Implementation of the use of methods scientific criminal investigation (SCIM) by the holder of the legal authority to take action to investigation in uncovering a criminal act and an attempt to find the culprit is a scientific approach to the implementation of the inquiry and investigation that can be used by police investigators in general and investigators in the ranks of the Police Sulawesi Police South in carrying out its functions and authority in the field of criminal investigation that occurred in their jurisdiction. This approach is a scientific approach to the functioning of the technology as an effort of finding evidence of transparent and accountable in the investigation of a crime. This method is seen as a solution or answer to the various modes of crimes using technological means.

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