cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ramadhita
Contact Email
-
Phone
-
Journal Mail Official
dejure@uin-malang.ac.id
Editorial Address
-
Location
Kota malang,
Jawa timur
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
 26   27   28   29   30 
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.
Revolving Marriage Among the Radicals: An Analysis of Rotational Unrecorded Matrimonies within the Jemaah Islamiyyah Community Al Chaidar, Al Chaidar; Faisal, Faisal; Sari, Elidar
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.v16i1.26411

Abstract

This article examines the practice of revolving marriage among the members of Jemaah Islamiyyah (JI), a clandestine radical Islamist group in Southeast Asia. Revolving marriage is a term coined by the author to describe the phenomenon of JI members marrying and divorcing multiple partners in a short span of time without registering their marriages with the state authorities. Employing the ethnographic method, this article argues that revolving marriage serves as a strategy of survival, resistance and recruitment for JI, as it enables them to evade detection, foster solidarity and attract new followers. This research reveals how such practices are rooted in a multicultural Fiqh perspective, reflecting the movement's adherence to traditional values while navigating a diverse cultural landscape.
Tuan Guru and the Efforts to Prevent Early Marriage Among Sasak Tribe Sainun, Sainun; Zarkasih, Hery; Sugitanata, Arif
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.v16i1.23742

Abstract

Early marriage is still a problem in developing countries, including Indonesia. one of the areas with a high rate of child marriage is West Nusa Tenggara. This study aims to explore the implementation of the Marriage Law Number 16 of 2019 in Rembiga Subdistrict, Mataram City, focusing on the role of Tuan Guru in reducing early marriage cases. While national trends indicate a decline, local data shows a significant increase in early marriage cases, particularly in some Indonesian provinces. The study utilised empirical legal field research and qualitative methods, involving profound observations and interviews with fourteen informants. It identified obstacles in the application of the law, including premarital pregnancy, family conflicts, economic factors, promiscuous behaviour, normative conflicts, and suboptimal socialisation. In this context, Tuan Guru plays a crucial role in fostering understanding and compliance with the law in the Sasak Rembiga community through religious studies and marriage counselling. This strategy highlights the importance of integrating religious, cultural, and legal values to minimise early marriages and calls for cross-sector collaboration for sustained effectiveness.
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.
Constitutional Rights of Citizen Journalism in Indonesia: From Maqashid Sharia Perspective Fuqoha, Fuqoha; Mulyasih, Rahmi; Hasuri, Hasuri; Firdausi, Indrianti Azhar; Barten, Silfi
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.v16i1.26154

Abstract

The conception of a democratic rule of law in Indonesia has implications for the social and law order as a protection for the citizens. The protections guarantee the rights and responsibilities of every person regulated or protected by a democratic state. Either of the rights protected by the constitutions of Indonesia is guaranteed in obtaining and conveying information. As a profession, it is a part of journalistic activities, both professional and citizen journalism, as a constitutionally inherent right. The problem encountered is protection for citizen journalism, which is not regulated as protection for journalists in the legal system of the press. This research employed a qualitative model with a normative juridical approach to conceptualise the laws with facts and phenomena of journalistic activities. The analysis aims to assert that every person has a constitutional right to obtain and convey information like a professional journalist. A law is responsible for citizen journalism based on the law system of the press and code of ethics, which places citizen journalism products as a part of the news on press channels or press companies as the objects of the media that publish information. The concept of the principles of citizen journalism is related by maqashid shariah in Islam, which includes al-ahkam al-khamsah, namely religious protection (hifz al-din), protection of the soul (hifz al-nafs), protection of offspring (hifz al-nasl), protection of ideas/thoughts (hifz al-'aql), and protection of property (hifz al-mal).
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.
Islamism and The Challenge of Democratization in Indonesia Alam, Syariful; Al-Fatih, Sholahuddin; Borsa, Merve Ozkan
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.v15i2.23398

Abstract

This article studies the phenomenon of Islamism and its impacts on the process of democratization in Indonesia through a legal normative method by examining some regulations and cases regarding the issue. Extreme Islamic loyalist organizations authorize themselves to judge and decide what is and is not permissible, thereby hampering the development of democratic growth in Indonesia with their frequent interference in the government’s affairs and political parties in decision-making. Democracy in Indonesia is put under threat by these organizations. Studies conducted by several scholars indicate that the socio-religious practices of some Islamic organizations in Indonesia are shifting further away from the goals of democratic values. This research seeks to reveal the involvement of Islamism and its impacts on the process of democratization in the Indonesian government. The research results found that addressing negative images to Islam is not something uncommon, raising concern among Muslims and leaving a big obstacle that the democratization in Indonesia needs to encounter. Keywords: Islam; democracy; political party; religion.
The Legal Culture to Prevent Radical Islamism by a Pesantren in Madura Mukhlis, Mukhlis; Jufri, Muwaffiq; Arowosaiye, Yusuf Ibrahim; Garunja, Evis; Boemiya, Helmy
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.v16i1.26216

Abstract

This study examines the strategies implemented by several pesantrens (Islamic boarding schools) in Madura to curb the proliferation of radical Islam. It aims to uncover the various approaches these Islamic boarding schools employ to combat the rise of radical Islam, which has recently gained traction in the region. Utilising empirical legal research methodologies with socio-legal and anthropo-legal frameworks, the study reveals that pesantrens are proactive in teaching students—the Santri—to reject religious radicalism. Furthermore, these institutions foster religious communities, such as koloman, kamrat, and Majelis Shalawat, which have been effective in resisting radical influences in Madura. The success of these pesantrens can be attributed to their pivotal role in enhancing legal awareness among the community, steering them away from radical ideologies. This strategic influence is anchored in their capacity to modify legal behaviours through organisational structure, social control, and cultural integration. The findings affirm the critical role of pesantrens in promoting a secure, peaceful, and religiously tolerant Indonesia, highlighting their tangible contributions to national stability.
Negotiation Between Customary Law and Islamic Law: The Practice of Palang Pintu in The Traditional Marriage in The Betawi Muslim Community Al Farisi, Usman; Fakhrurazi, Fakhrurazi; Sadari, Sadari; Nurhadi, Nurhadi; Risdianto, Risdianto
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.v15i2.21241

Abstract

In traditional Betawi weddings, there is usually a procession of the Palang pintu tradition—a negotiation attitude in Islamic law. This research was conducted to clarify the legal status of the Palang pintu tradition in the review of Islamic law so that people do not hesitate to follow it. This research uses a qualitative approach with 'urf theory and maslahah theory. The primary data were garnered from interviews, while the secondary data were sourced from fiqh literature, books related to marriage, and relevant research. The research findings show that the Palang pintu tradition has also experienced modern developments, affecting how the legal status is different. Since the Palang pintu tradition is considered contrary to the principles of the Islamic law that taught convenience in the past, there is a difference between Palang pintu from an Islamic point of view, specifically 'urf fasid and 'urf shahih, and it can be practiced. The difference between the previous palang pintu tradition and the current palang pintu tradition is that it is no longer burdensome or difficult, but rather easy.Keywords: marriage; palang pintu tradition; sustainable terms.

Page 28 of 32 | Total Record : 318

 26   27   28   29   30 

Filter by Year

2009 2025


Reset
Filter By Issues
All Issue Vol 17, No 2 (2025) Vol 17, No 1 (2025) Vol 16, No 2 (2024) Vol 16, No 1 (2024) Vol 15, No 2 (2023) Vol 15, No 1 (2023) Vol 14, No 2 (2022) Vol 14, No 1 (2022) Vol 13, No 2 (2021) Vol 13, No 1 (2021) Vol 12, No 2 (2020) Vol 12, No 1 (2020) Vol 11, No 2 (2019) Vol 11, No 1 (2019) Vol 10, No 2 (2018) Vol 10, No 1 (2018) Vol 9, No 2: Desember 2017 Vol 9, No 1: Juni 2017 Vol 8, No 2: Desember 2016 Vol 8, No 1: Juni 2016 Vol 7, No 2: Desember 2015 Vol 7, No 1: Juni 2015 Vol 6, No 2: Desember 2014 Vol 6, No 1: Juni 2014 Vol 5, No 2: Desember 2013 Vol 5, No 1: Juni 2013 Vol 4, No 2: Desember 2012 Vol 4, No 1: Juni 2012 de JURE (Vol. 1, No. 2 Vol 3, No 2: Desember 2011 Vol 3, No 1: Juni 2011 de Jure (Vol. 2, No. 1 Vol 2, No 2: Desember 2010 Vol 2, No 1: Juni 2010 Vol 1, No 2: Desember 2009 Vol 1, No 1: Juni 2009 More Issue