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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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The Concept of Kafa’ah in the Nineteenth Century Javanese Muslim Scholars’ View: A Study on the Ulama Rifi’yah’s Thought Sidqi, Imaro; Rasidin, Mhd.
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.v15i1.20074

Abstract

This study aims to analyze the views of the Rifa’iyah scholars in Kandeman District, Batang Regency, regarding the concept of kafa’ah in marriage, as well as to know and understand the factors behind the concept of kafa’ah that they constructed. This juridical-sociological research used a historical-sociological approach. The results showed that in the views of the Rifa’iyah scholars in Kandeman District, Batang Regency, towards the concept of kafa’ah, which is interpreted as equal or balanced, Rifa’iyah scholars in the area understand that the urgency function of kafa’ah lies in creating a harmonious family even though kafa’ ah does not determine whether or not a marriage is valid. According to Ulama Rifa’iyah, the essential criterion for kafa’ah must be of the same religion. Then, the scholars provide recommendations following the formation of the kafa’ah conception contained in the Tabyinal al-Islah Book that a prospective wife must be of a lower degree than a prospective husband so that a wife respects/obeys her husband. However, if the context is the other way around, it is not a problem as long as the wife obeys her husband. The concept of kafa’ah, formed among the Rifa’iyah scholars in Kandeman District, Batang Regency, was caused by various factors, including religion, beauty, lineage, and wealth. There are supporting factors, namely educational, social and cultural factors
The Psychological Well-Being in Building Resilience of Indonesian Muslim Families: A Study of Hussein Muhammad's Thought Anisa, Lina Nur
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.v15i1.22102

Abstract

The relationship between husband and wife in the household is strongly influenced by the socio-cultural conditions of a society. In Indonesia, there are still many facts of life in husband-wife relationships that are still dominated by men in most aspects of life, both the distribution of rights and obligations as well as the authority and involvement of the parties in determining important family steps and decisions. This is because the culture in Indonesia is built on an unbalanced or unequal order in which men are placed as superior parties over inferior women. Husein Muhammad’s thinking can place the issue of husband-wife relations in a balanced and fair manner with all the variations of interpretation from century to century, from one hadith to another, and from one interpreter to another. His notion is also undoubtedly relevant to the concept of psychological well-being, which states that for a person to bring out their best potential, a person must be psychologically well, and one of the aspects that can affect psychological well-being is the pattern of relationships in the family. So, a balanced and fair relationship pattern will bring out the best potential in the family.
The Phenomenon of Development Misyar Marriage from the Perspective of Islamic Law and Human Rights Arinda Putri.J, Pramai Shella; Radhi Anadi, Yandri; Deuraseh, Nurdeng
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.v15i1.19013

Abstract

Misyar marriage is one of several Muslim terms in the Middle East. Due to the evolution of life and society, this marriage is a significant phenomenon in Islamic circles. Misyar marriage is performed by a man under the correct contract and conditions, where both parties must give up some rights that are incomparable with the conditions of other marriages Misyar marriage demands that women relinquish certain rights ordinarily associated with marriage, which raises concerns for human rights, particularly those governing discrimination against women. On the contrary, human rights uphold the values of rights and dignity regardless of gender, particularly for women who should receive the same treatment and rights as men, one of which is discussed in the conventions on eradicating all forms of discrimination against women and the rights of the child. This study examines the phenomenon of Misyar marriage through the lens of Islamic law and human rights, employing legal doctrinal or normative research methods, a statutory approach, and a historical perspective. The findings of this study indicated that Misyar marriage differs from other marriages and has a connection to human rights, particularly women's rights to marry. Some scholars believe that this Marriage is permissible and valid. However, according to the following opinion, Misyar marriage is prohibited. This is a violation of international law and not a violation of human rights because the conditions for marriage are not satisfied.
The Strategy of the Islamic Welfare Organization Malaysia (PERKIM) in Managing Mualaf Family Conflicts in Malaysia Jamilah, Jamilah; Mohd Yusof, Sellyianasari Binti; Rahmawati, Erik Sabti; Aprilyanti, Melinda
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.v15i1.17383

Abstract

The problems faced by the families of mualaf in Malaysia require serious handling and management by looking at the increasing number of mualaf every year. The National Board that has the responsibility to deal with this problem is the Council or State Department of Islamic Religion. Other non-governmental institutions are also involved in handling the problems of mualaf families such as The Islamic Welfare Organization Malaysia/ Pertubuhan Kebajikan Islam Malaysia (PERKIM) and Urusetia Saudara Kita (USK). This research will analyze the strategy of a governmental or non-governmental organization—the Islamic Welfare Organization Malaysia (PERKIM) in dealing with and managing the problems of converted families. This research is qualitative–empirical with a juridical-sociological approach. Primary data were collected from interviews with respondents located in Selampit Village, Malaysia. The results show that the PERKIM organization helps mualaf families in managing the conflicts they experience through cognitive empowerment strategies in handling and managing problems. Islamic preachers from PERKIM changed the speculations of mualaf parents who considered Islam immoral and troublesome religion by conveying da'wah bil-hikmah and da'wah fardiah through house-to-house visits and providing food, protection, education, financial and moral support. It can be concluded that the role of PERKIM in overcoming this conflict is good but not optimal, as can be seen from the activities, programs and policies in resolving the conflict.
Administration Reagent of Aceh Family Law Qanun: Siri Marriage Motives Towards the Legality of Polygyny Amirulkamar, Said; Iskandar, Iskandar; Zuhrah, Fatimah; Anzaikhan, M.
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.v15i1.21352

Abstract

The proposal of qanun on polygyny by the Acehnese elite (executive and legislative) was aimed at the wider community because of the rampant phenomenon of siri marriage. Siri marriage is not prohibited in Aceh, and administrative requirements are even relaxed for ordinary people. This gap raises the question of whether the Acehnese elite proposed qanun polygyny for the benefit of the community or for subjective interests. This article is classified as field research with a qualitative approach. The methodology used is a descriptive-analytical study. The results of the study found that the administration reactor or key factor of the family law qanun in Aceh lies in the condition where the administration of polygyny requirements is tightened beyond the provisions of The Compilation of Islamic Law (KHI) and Siri Marriage requirements are loosened under the KHI provisions. The motive was an attempt by Acehnese elites to have their siri wives recognized (legality) in Aceh's polygyny qanun. This finding can be an input for family law studies to create regulations that are more objective and independent, especially in regions that have special autonomous rights.
Inconsistency of the Concept of Legal Protection of Traditional Cultural Expressions with Theory of Legal Ideals/Inkonsistensi Konsep Perlindungan Hukum Ekspresi Budaya Tradisional dengan Teori Ajaran Cita Hukum Setyawan, Fadjar Ramdhani; Sudarsono, Sudarsono; Yuliati, Yuliati
De Jure: Jurnal Hukum dan Syari'ah Vol 13, No 1 (2021)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v13i1.10025

Abstract

Indonesia merupakan negara yang memiliki kebudayaan yang majemuk. Ragam kebudayaan asli bangsa Indonesia perlu dijamin dan dilindungi oleh hukum yang selaras dengan cita hukum. Penelitian ini bertujuan mendeksripsikan perlindungan hukum terhadap ekspresi budaya tradisional di Indonesia dan kesesuainnya dengan ajaran cita hukum (idee das recht). Artikel ini berdasarkan penelitian hukum doctrinal dengan pendekatan perundang-undangan dan pendekatan konsep. Hasil penelitian ini menunjukkan bahwa ajaran cita hukum menghendaki suatu peraturan harus mampu memberikan jaminan akan kepastian hukum, keadilan, dan kemanfaatan. Pengaturan perlindungan ekspresi budaya tradisional belum sesuai dengan ajaran cita hukum. Keadilan hukum tidak dapat tercapai dikarenakan masih belum ada proses identifikasi yang jelas terhadap custodian. Pemerintah perlu segera melakukan revisi terhadap Undang-undang No. 5 tahun 2017 tentang Pemajuan Kebudayaan. kata kunci: ekspresi budaya; ajaran cita hukum; kekeyaan intelektual
Interfaith Marriage from the Perspective of Rationality: Theocentrism in Islamic Law and Anthropocentrism in Human Rights Law Salam, Nor; Purnomo, Agus; Saifullah, Saifullah; Ahmad, Sirojuddin
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.23989

Abstract

This article stems from a theoretical debate concerning interfaith marriage as formulated within Islamic and human rights laws. While Islamic law tends to prohibit interfaith marriage, human rights instruments view it as an individual's right and freedom. Therefore, this research aims to scrutinise the argumentative basis of Islamic law and human rights law regarding interfaith marriage. To address this focal issue, this study employed a literature research model reliant on content analysis, bearing the result concluding that the disparity in formulations between Islamic law and human rights law regarding the legality of interfaith marriage is due to their differing argumentative bases: Islamic law is rooted in theocentrism, whereas human rights law is rooted in anthropocentrism. However, by examining the opinions of contemporary thinkers regarding maqashid sharia, there appears to be a paradigm shift in theocentrism of Islamic law so that in the context of interfaith marriage, both Islamic law and human rights can justify it as part of a person's human rights.
Cover 2024 2024, Cover
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.
Empowering Muslim Women: Bridging Islamic Law and Human Rights with Islamic Economics Insani, Nur; Ibrahim, Zumiyati Sanu; Karimullah, Suud Sarim; Gönan, Yavuz; Sulastri, Sulastri
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.26159

Abstract

This intersectional study investigates the harmonisation of Islamic law and human rights in the context of empowering Muslim women through Islamic economics. This study applies an intersectional approach in carrying out the library research method with literature analysis carried out integratively and comprehensively to explore and review various literature sources relevant to the research topic, including journal articles, books, research reports, policy documents, and other related sources of information. The results show that harmonisation between Islamic law and human rights in empowering Muslim women through Islamic economics significantly impacts achieving gender equality and supporting sustainable development. The complexity of Muslim women's identities influenced by factors such as religion, gender, and social class demands a holistic and integrated policy approach in the economy. While the Islamic economy offers great potential to enhance the role of women as agents of change and key drivers of economic development, the incompatibility between Islamic law and human rights conventions and issues of gender inequality points to the need for more inclusive legal and policy reforms. Identifying and recognising these challenges underscores the importance of adopting a comprehensive and coordinated approach. Specific measures that need to be strengthened include inter-agency cooperation, legal and policy reforms to support better gender equality, capacity building of women in the Islamic economic sector, and raising public awareness on the importance of women's empowerment. As such, this study enriches the academic literature and offers practical guidance for policymakers, stakeholders in the Islamic economy, and the general public in advocating and implementing effective and sustainable women's empowerment.

Page 26 of 32 | Total Record : 318

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