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DE JURE
Published by Universitas Islam Negeri Maulana Malik Ibrahim Malang
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
de Jure adalah jurnal yang mengkaji permasalahan syariah dan hukum baik hasil penelitian atau artikel telaah. Terbit dua kali dalam setahun pada bulan Mei dan November. de Jure diterbitkan oleh unit Penelitian, Penerbitan dan Pengabdian Masyarakat (P3M) Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang. Penyunting menerima naskah yang belum pernah diterbitkan dalam media lain.
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Articles 12 Documents
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Search results for , issue "Vol 15, No 2 (2023)" : 12 Documents clear
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De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 2 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i2.26267

Abstract

Maqasid al-Sharia in Court-Mediation Reform: A Study on Efficiency and Social Justice in Medical Disputes Herliana, Herliana
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 2 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i2.23962

Abstract

Islam prioritises peace as a means of resolving disputes. Peace between parties can be achieved in various ways, one of which is mediation. Despite creating social justice, the effectiveness of mediation in resolving various complex civil cases is still questionable. This article aims to analyse the efficiency of resolving medical disputes through mediation based on the principles of Islamic law. This article is based on the results of normative juridical research with a statutory approach and a conceptual approach. The results of this study found that the implementation of facilitative mediation by the mediator in medical dispute resolution helps improve its efficiency. Furthermore, before mediating conflicts, judge-mediators need to take a more proactive position, improve their communication skills, and have sufficient knowledge of health law. A well-informed mediator is likely to provide social justice for doctors and patients. Keywords: mediation; medical disputes; social justice; court.
The Relevance of Fiqh Siyasah Dauliyah and Religion as Indonesian Soft Power in International Relations Damayanti, Rizki
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 2 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i2.23371

Abstract

This study aims to discuss Indonesia's efforts to use moderate Islam as its new identity in global politics, especially after the events of 9/11. One of the Indonesian efforts is pursued through inter-faith and inter-civilizational dialogue. This research is library research with qualitative methods. The approaches used are historical, political, and Islamic perspectives in contemporary international relations studies, namely Fiqh Siyasah Dauliyah. The study results show that there are two main relevancies between the inter-faith and inter-civilizational dialogue with the principles concept of international relations based on fiqh siyasah dauliyah. First, diversity in Islam is stated as part of God's plan for the benefit of mankind. In this context, the various inter-faith and inter-civilizational dialogues organized by Indonesia are necessary conditions for promoting peace, tolerance, harmony, and religious coexistence in the world today. Second, the concept of dialogue between civilizations and between religions is based on the study of textual analysis and historical interpretation of the Al-Quran and As-Sunnah. In this case, the Al-Quran shows various examples of dialogue, one of which is contained in the Al-Quran Surah An-Nahl verse 125 which asks Muslims to show the best courtesy and wisdom when arguing with people of other religions. Keywords: inter-faith dialogue; fiqh siyasah dauliyah; moderate Islam.
The Spiritualization of Domestic Violence in the Digital Era: Examining the Cathartic Role of Religious Institutions in Empowering Victims Faizah, Nur
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 2 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i2.23297

Abstract

This study delves into the intricate intersection of domestic violence, spirituality, and the digital age, aiming to understand the evolving dynamics and the role religious institutions play in providing catharsis for victims. As technology increasingly permeates our daily lives, the digital era has brought about new dimensions to the manifestation and perception of domestic violence. This research seeks to shed light on the phenomenon of spiritualization, where religious narratives and beliefs are interwoven with domestic violence experiences, either exacerbating or alleviating the trauma. Through a comprehensive review of scholarly literature, and digital ethnography, this study explores how religious institutions engage with domestic violence victims in the digital realm. It examines the ways in which religious teachings, counselling, and support mechanisms are leveraged to address the unique challenges posed by the intersection of spirituality, technology, and intimate partner violence. The research also investigates the potential pitfalls of spiritualization, considering instances where religious doctrines may inadvertently contribute to the perpetuation of abuse or hinder victims from seeking help. By analyzing online forums, social media platforms, and religious websites, the study aims to elucidate the ways in which digital spaces either facilitate or impede the spiritualization process for domestic violence victims. Furthermore, the role of religious leaders and communities in raising awareness, providing resources, and fostering a supportive environment for victims is explored. The study aims to identify best practices employed by religious institutions in addressing domestic violence in the digital age, offering insights for policymakers, advocates, and religious leaders to collaboratively develop more effective strategies for supporting victims and preventing further harm. Ultimately, this research contributes to the ongoing discourse on domestic violence, spirituality, and technology, offering a nuanced understanding of the complexities involved. The findings hold implications for both academic scholarship and practical interventions, emphasizing the need for a multidimensional approach to empower victims and create a more compassionate and informed societal response to domestic violence in the digital era. keywords: domestic violence; digital era; Islamic law.
Islamic Law and Gender: a Misconception of Roles and Responsibilities in Parenting Pitrotussaadah, Pitrotussaadah; Fadhilah, Eva; Zulfikar, Faisal
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 2 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i2.23868

Abstract

Parenting roles and responsibilities are often influenced by gender stereotypes that exist in society. There are different expectations and demands on the roles of men and women in parenting. For instance, women (mothers) are often considered primarily responsible for caring for and educating children, while men (fathers) are considered more as breadwinners and leaders of the family. Additionally, it is frequently questioned when a father bears a child while away from the child's mother. This study seeks to evaluate and examine the notion of roles and responsibilities in parenting from the perspective of gender equality and Islamic law, employing a library research method (descriptive analysis research) that involves objectively assessing and describing occurrences. According to the findings of the study, parenting plays a significant role in the personality development and formation of children. According to a gender perspective, both mothers and fathers have the same role in raising children. According to the perspective of Islamic law, parenting is based on religious teachings which provide guidelines on how to educate children in an Islamic way. Parents are expected to carry out parenting responsibilities by taking into account Islamic values, including respecting children's rights under religious teachings. Keywords: parenting; Islamic law; gender.
Joint Property Division in Indonesia: A Gender Equality Viewpoint Rouf, Abd; Ch, Mufidah; Mahmudi, Zaenul
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 2 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i2.23050

Abstract

The distribution of joint property regulated under the Compilation of Islamic Law is considered very effective due to the legal certainty guaranteeing that ex-husbands and wives receive a half share. However, these provisions cannot be fully applied to estranged husbands and wives because family background conditions vary. There are certain conditions where husbands and wives have multiple roles, and this occurrence needs to be more profoundly studied. Therefore, this study is presented to analyze the distribution of joint assets according to the roles assigned in the household. This research employed a normative-legal method and statutory and conceptual approaches. The primary data in this study is the Compilation of Islamic Law (KHI). The researcher analyzed activity profiles, access and control between husband and wife as specified in KHI norms by using a gender equity analysis tool. The results show that the fair value of the distribution of joint assets which refers to the division of roles between husband and wife contained in the KHI has set different roles between the two, in which the husband works outside the house while the wife serves as a housewife. Meanwhile, currently, all roles performed by husbands can also be performed by wives and the other way around, while unchangeable roles remain in the biological or reproductive role. So the division of roles cannot be interpreted literally because the husband or wife has flexible and fair access and control. Keywords: joint property; gender equality; spouses rights.
Child Marriage in Indonesia: Are Parents’ Protection and Responsibilities Involved? Muniri, Akh Syamsul; Hadi, Abdul; Ghofur, Abdul
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 2 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i2.24388

Abstract

A girl having a loved one to get married with is every parent’s happiness, contrary to the fact that underage marriage will not settle the issue where children are not prepared yet to deal with life problems and households. Departing from this issue, this research seeks to answer whether parents’ protection and responsibilities are involved in child marriage in the District of Pohjentrek, Pasuruan. This research is a field study in the District of Pohjentrek of Pasuruan, employing a qualitative method and a phenomenological approach. Research participants involved parents with their underage married children in 2020. Data were garnered from observation and in-depth interviews. The research results show that the involvement of parents represents the protection and responsibilities, ensuring affection and proper responsibilities given by the family or a spouse for a happier and everlasting marriage.
Coup Government of Afghanistan From the Perspective of Islamic Constitutional Law Sadzali, Ahmad; Madjidah, Durriyatul Afiqoh Uzma
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 2 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i2.18988

Abstract

The Taliban are currently in control of the government in Afghanistan after taking over the authority from President Ashraf Ghani. The takeover is classified as a government coup because it was not conducted under the Afghan Constitution. Departing from this issue, this normative research examines the background of the Afghan government coup d’etat and analyzes it from the Islamic Constitutional Law perspective. The result concludes that (1) the coup of the Afghan government by the Taliban was triggered by the withdrawal of US troops from Afghanistan as a follow-up to the Doha agreement made between the United States and the Taliban. After the Taliban succeeded in occupying several areas, including the capital city of Kabul, Ashraf Ghani fled from Afghanistan to the United Arab Emirates, causing the collapse of the government; and (2) from the perspective of Islamic Constitutional Law, the Afghan government coup can be viewed from (a) the obligation to comply with the constitution, and (b) post-coup benefit considerations. Keywords: goverment; coup de etat; Islamic constitutional law.
Reformulation of the Concept of Iddah in The Compilation of Islamic Law Perspective of Negotiative Hermeneutics Jannah, Shofiatul; Firdaus, Dwi Hidayatul
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 2 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i2.21065

Abstract

Iddah is a rule that must be implemented by a woman after divorce from her husband, either due to death or divorce. This is stated in the compilation of Islamic law as one of the regulations in Indonesia. Reformulating of iddah aims to enable Islamic law to address issues in daily life brought about by a variety of changes. For this reason, the author uses a negotiating hermeneutic approach initiated by Khaled M. Abou El Fadl. This research uses a type of literature research (Library research) with qualitative methods. The result of this study finds that iddah obligation is the "responsibility" of both husband and wife after divorce. Just as the wife must ensure the cleanliness of her uterus, the husband must provide iddah for the fulfilment of iddah obligations. So, the reformulation related to the concept of iddah in the compilation of Islamic law is the period of payment of iddah after the court decision and the provision of sanctions for ex-husbands who do not fulfil their obligations by court decisions. Keywords: iddah; divorce; hermeneutics.
The Implementing Joint Custody Post Divorce In Indonesia: a Philosophical Viewpoint Triyono, Nur; Asmuni, Asmuni
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 2 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i2.24370

Abstract

Child custody encompasses parental rights and responsibilities for raising and nurturing their children. In Indonesia, child custody often triggers disputes, especially in divorce cases. This research seeks to present a fresh perspective by examining the deconstruction of joint custody within the context of child guardianship. This study, focusing on legal aspects, employs a comparative approach to deconstruction concepts, drawing from Jacques Derrida's radical deconstruction and Thaha Abdurrahman's ethical deconstruction. The analysis aims to unearth possibilities and offer recommendations for implementing Joint Custody in Indonesia, particularly regarding post-divorce parental custody regulations. Both deconstruction concepts challenge the conventional maternal role in child custody, especially for children under 12. Embracing this deconstruction opens the door to considering joint custody as a new norm in Indonesia. Joint custody is no longer just a concept; empowering judges to consider it based on court proceedings is the fastest route to its adoption in the child's best interest. Keywords: joint custody; post-divorce; child custody.

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