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INDONESIA
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.
Arjuna Subject : -
Articles 318 Documents
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Istiḥsān Method and Its Relevance to Islamic Law Reform: Content Analysis of Fatwa of Majelis Ulama Indonesia on Corneal Transplant Johari Johari; Maghfirah Maghfirah; Ahmad Maulidizen; Habiburrahman Rizapoor
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i1.18442

Abstract

The progress of science in the field of medicine has brought immense advantages to human existence. Nonetheless, these advancements have both positive and negative consequences for humanity. They also give rise to deliberation and disagreement, particularly concerning Islamic jurisprudence, as not all medical technological breakthroughs can be embraced without reservation in society. This study is a descriptive, analytic, and comparative literature review. The ushuliy approach is employed to examine the methodology utilized by the two organizations in determining their stance on human corneal transplants. The primary source material used in this research is the fatwa issued by Majelis Ulama Indonesia in 2009 regarding Corneal Transplants. The data for this research was collected through a documentation method, which involves gathering information from various articles and books. The collected data was then analyzed using content analysis, which involves a descriptive and scientific examination of the key messages. The findings of this study reveal that Majelis Ulama Indonesia holds the view that corneal transplants can be performed on individuals in need, with the intention of Tabarru' (acts of charity), if there are no alternative medical options available, based on the principle of Maslahah (benefit or public interest).
Cumulative Versus Alternative Conditions: A Study of Polygyny Permits in Indonesia From the Perspective of the Legal Certainty Principle Abdul Helim; Aris Sunandar Suradilaga; Wafit Syuja' Vennovary Benevolent; Rabiatul Adawiyah
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i1.15384

Abstract

This paper aims to examine the conflict of authority between the alternative and the cumulative conditions stipulated in Law Number 1 of 1974 concerning Marriage, especially under the polygyny permit section. In this normative study, the problem is focused on the alternative conditions that determine the cumulative conditions and the analysis took into account the critical legal studies and adz-Dzari’ah theories, revealing that the alternative conditions are not appropriate to be determinant that allows polygyny to take place. Instead, these conditions are supposed to be additional or optional. Conversely, the more appropriate condition as the polygyny permit determinant is cumulative. Similarly, in the analysis of the adz-Dzari’ah theory, when the alternative condition is the determinant, it will bring harm instead, meaning that it is included in the category sadd adz-Dzari’ah (prohibited or even forbidden). It is advisable to make the cumulative conditions the determinant of polygyny permits because it carries more benefits that allow for easier polygyny as it is included in the category fath adz-Dzari'ah. If there are requirements, they are still within reasonable limits that can be pursued. In addition, polygynous marriage can be performed before the Marriage Registrar witnessed by the first wife.
Critical Study of Amina Wadud's Thought in the Issue of Inheritance Fauzan Zenrif; Syabbul Bachri
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i1.22217

Abstract

This study aims to examine the main arguments presented by Amina Wadud on inheritance in her book "Quran and Women" and evaluate the validity of her arguments. The scope of this research will include an analysis of Wadud's method of interpreting the Quran as outlined in the book Quran and Women which influenced her thoughts on Islamic inheritance and a critical study of her thoughts. This research is a type of qualitative research with a critical study approach. The results of the study show that a critical study of Wadud's thinking shows that she generalizes the 2:1 provision on the shares of men and women which actually only applies in certain cases. In addition, Wadud's demands for reinterpretation cannot be done without adequate interpretive science tools. Science explains that justice need not be interpreted as equality. There are two categories of justice, according to Aristotle: commutative justice and distributive justice. So that there can be no justification for questioning the Quran's just inheritance allocation. Furthermore, the provisions in the inheritance verse in the Quran are qath'i provisions so there is no justification for doing ijtihad which is presumptive (dzanny) in a reassuring text (qath'i). In addition, Wadud's thoughts are also considered less specific and do not provide a real format for how the redistribution she proposes. Therefore, Wadud's rereading in terms of inheritance is considered incomplete or incomprehensive of the Qur'an.
The Development of Indonesian Marriage Law in Contemporary Era Nurul Miqat; Handar Subhandi Bakhtiar; Safrin Salam; Kunthi Tridewiyanti; Kayode Muhammed Ibrahim
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i1.17461

Abstract

Family law is part of the legal system that applies in Indonesia, which has developed along with social developments in society. This paper provides an overview of how the development of family law in Indonesia uses a normative approach and describes the development of family law in Indonesia these days. The development of family law in Indonesia is influenced by several factors, ranging from the historical aspect of law to today's social developments. The development of family law develops according to the community's needs for legal certainty and aspects related to family relations, starting from age limits for prospective husbands and prospective wives, child status, and marriage agreements to a marital status that is not administratively registered.
A Comparative Analysis of the Missing (Mafqud) Husband Regulations in Indonesia and Malaysia: A Study to Reform the Regulation That Meets Legal Certainty in Indonesia Farahsyinta Gladisia Puspa Fardiana; Khoirul Hidayah; Mohd Hazim bin Borhan
De Jure: Jurnal Hukum dan Syari'ah Vol 14, No 2 (2022)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v14i2.17347

Abstract

This article aims to resolve legal issues regarding missing (mafqud) husbands in Indonesia and to provide input for revising these laws to better provide protection to wives whose husbands are missing in keeping with the principle of legal certainty. There are two circumstances when the husband leaves the house, the first is the husband leaves his house without his wife's permission but his whereabouts are still known, this condition is called absent husband or ghaib husband. The second circumstance is the husband leaves the house with the wife's permission, but his whereabouts and life and death are unknown, which is often called the missing husband or mafqud husband. The differences in the circumstances of the husband's departure from home require different verdicts in the dissolution of marriages. The regulation of the missing (mafqud) husband in Indonesia has not been differentiated from the regulation of absent (ghaib) husband so there is no regulation that regulates the death determination for the missing (mafqud) husband to dissolve the marriage in Indonesia. This article is a normative juridical study using a statute and comparative approaches. The results of this article indicate the need to legislate for missing (mafqud) husbands that provide legal certainty for women. The regulation of missing (mafqud) husbands in Indonesia that can provide legal certainty for women is to set a minimum limit of four years for a husband to leave the home to be determined his death as stipulated in section 53 of the 1984 Islamic Family Act (Federal Territory) 1984.
The Principle of Segendong Sepikul in the Inheritance Distribution System of the Muslim Community from the Perspective of Multidisciplinary Studies Nur Alfy Syahriana; Zaenul Mahmudi
De Jure: Jurnal Hukum dan Syari'ah Vol 14, No 2 (2022)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v14i2.15238

Abstract

This research was motivated by the researcher's interest in the principle of segendong sepikul which is applied in the Muslim community of Kandangtepus Village, Lumajang Regency, East Java, in distributing the inheritance. The purpose of this article is to describe the practice of the principle of segendong sepikul in the inheritance distribution model by the Muslim community of Kandangtepus Village. In the light of that, the researcher analyzes the said practice by using a multidisciplinary study in the present juridical-empirical research. Analyzed from the juridical-normative side, this practice is not in accordance with the provisions on the distribution of inheritance as found in the Sunni jurisprudences and the Compilation of Islamic Law. From a sociological perspective, this practice is appropriate with principles of justice according to Gustav and the concept of al-islah (reconciliation), as one of the teachings of Islam. Finally, the practice is likewise appropriate with the principles of Human Rights as it gives the person's rights according to the degree of the responsibility they carry.Keywords: Islamic inheritance; adat law; local wisdom.
Legal Age Equality in Marriage According to Indonesian Positive Law in the Studies of Gender and Maqāṣid Al-Sharia Ismail, Ismail; Busyro, Busyro; Yenti, Endri; Amin, Saiful; Alwana, Hanif Aidhil
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i1.17696

Abstract

Law No. 16 of 2019 has set the legal age allowed for marriage to 19 for both men and women and this change, from previously 19 for men and 16 for women, has sparked a discussion among scholars. This study aims to examine this provision from the aspects of gender and maqāṣid al-sharia. This research uses a normative juridical approach with qualitative data analysis, which concludes that equalizing the age of marriage between men and women at 19 years old has realized gender equality in terms of eliminating discrimination against women in obtaining their rights such as health, education, and economic rights, and can eliminate the dominance of a husband over his wife because marrying at the same age (adulthood) will have a positive effect on the way the couple treats each other. Marriage age equality from the perspective of maqāṣid al-sharia has realized maqāṣid al-tab'iyah (supporting objectives) at the level of al-taḥsīniyah because it makes marriage more prestigious and dignified.
Child Marriage in Indonesia: Sexual Violence or Not? Inna Fauzi; Any Ismayawati
De Jure: Jurnal Hukum dan Syari'ah Vol 14, No 2 (2022)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v14i2.17850

Abstract

Child marriage in Indonesia presents a progressive article as stated in Article 4 of Law Number 12 of 2022 concerning the crime of sexual violence. This is a problem that is quite complicated for the Indonesian people because child marriage creates new problems because it contains elements of punishment. In this regard, this paper aims to examine how the interpretation of the article on the punishment of children is carried out, how to implement the elements of punishment for child marriage as stipulated in the Act on the Crime of Sexual Violence and how to review Islamic law on the article on the punishment of child marriage. The results of the study show that the Article policy with certain threats for perpetrators of mental sexual violence through child marriage is carried out by giving criminal sanctions. the implementation of punishment for the perpetrators involved in the occurrence of child marriages with coercion is the use of criminal sanctions. while the review of Islamic law on the article on criminalizing child marriage should be measured more deeply using the right of ijbar and ikrah as they should because both have different positions and meanings.
Istiḥsān Method and Its Relevance to Islamic Law Reform: Content Analysis of Fatwa of Majelis Ulama Indonesia on Corneal Transplant Johari, Johari; Maghfirah, Maghfirah; Maulidizen, Ahmad; Rizapoor, Habiburrahman
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i1.18442

Abstract

The progress of science in the field of medicine has brought immense advantages to human existence. Nonetheless, these advancements have both positive and negative consequences for humanity. They also give rise to deliberation and disagreement, particularly concerning Islamic jurisprudence, as not all medical technological breakthroughs can be embraced without reservation in society. This study is a descriptive, analytic, and comparative literature review. The ushuliy approach is employed to examine the methodology utilized by the two organizations in determining their stance on human corneal transplants. The primary source material used in this research is the fatwa issued by Majelis Ulama Indonesia in 2009 regarding Corneal Transplants. The data for this research was collected through a documentation method, which involves gathering information from various articles and books. The collected data was then analyzed using content analysis, which involves a descriptive and scientific examination of the key messages. The findings of this study reveal that Majelis Ulama Indonesia holds the view that corneal transplants can be performed on individuals in need, with the intention of Tabarru' (acts of charity), if there are no alternative medical options available, based on the principle of Maslahah (benefit or public interest).
Indonesian Judicial Commission in Appointment Ad Hoc Judges: In Search of Constitutional Modality Zainal Arifin Mochtar; Idul Rishan; Ayu Atika Dewi
De Jure: Jurnal Hukum dan Syari'ah Vol 14, No 2 (2022)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v14i2.17843

Abstract

In Indonesian Constitution, Judicial Commission had the authority to nominate the candidate Supreme Court Justice. This study aims to find the constitutional model for the authority of the Judicial Commission to propose the appointment of the Supreme Court ad hoc judges. It is doctrinal legal research using the qualitative analysis. The constitutional model was analyzed using the approach of six modalities of constitutional argument suggested by Philipp Bobbit. This study has found that, despite no explicit authority stipulated in the Indonesian Constitution, Bobbit's interpretation methods offer a constitutional perspective that from the textual, historical, doctrinal, structural, prudential, and ethical arguments, the Judicial Commission has the constitutional legitimacy of proposing the candidates for the Supreme Court ad hoc judges.

Page 24 of 32 | Total Record : 318

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