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YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Published by Sekolah Tinggi Agama Islam Negeri Kudus
ISSN : 19077262     EISSN : 24775339     DOI : 10.21043/yudisia
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Artikel yang diterima dan diterbitkan dalam Jurnal YUDISIA harus masuk dalam lingkup keilmuan bidang hukum dan hukum Islam. Bidang hukum mencakup (tapi tidak terbatas pada bidang) : hukum materiil dan formil, tinjauan hukum dari aspek politik, sosial, ekonomi, antropologi, psikologi. Bidang hukum Islam mencakup (tapi tidak terbatas pada bidang) : fiqh, ushul fiqh, masail fiqhiyyah serta masalah fiqh kontemporer.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 183 Documents
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Substitute Heirs in Article 185 Compilation of Islamic Law Maqashid Shariah Jaser Audah Perspective Ubaidillah, Ubaidillah; Nurohman, Dede; Anshor, Ahmad Muhtadi; Baihaqi, Wahid Ahtar; Kooria, Mahmood
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 2 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i2.26154

Abstract

AbstractArticle 185 KHI was established as a reaction to the unequal distribution of inheritance by giving grandchildren the right of replacement for children. In the context of Islamic law reform in Indonesia, the Compilation of Islamic Law (KHI) proposal has sparked endless debate between pros and cons. As far as the researcher observes, the debates expressed in various discussions and research have not been able to resolve this issue, including attempts to interpret Hazairin through theory of mawali. This research aims to describe and analyze maqasid sharia Jaser Audah perspective on the provisions of successor heirs and relevance maqasid sharia Jaser Audah against the benefits found in Article 185 KHI. This research uses a qualitative type that is oriented on purpose. The results of this study show that the view maqasid sharia Jaser Audah regarding the meaning of successor heir can be seen through the following six features: 1) cognitive character: positioning the results of Zayd's ijtihad as a product of ijtihad; 2) universal features: replacement of heirs applies to all parties with consideration of egalitarian principles, distributive justice and empowerment of heirs; 3) characteristics of openness: making internal factors (customary law, family structure) and external (comparative studies and equality) in the genealogy of Article 185 as tradition; 4) hierarchical structure features: the right of succession given to grandchildren philosophically contains benefits that are oriented towards maqsad (goal) which runs simultaneously; 5) include the element of justice as a philosophical value in mediating the hadith narrated by Bukhari and the results of Zayd's ijtihad; 6) the aim of the Islamic law system: granting grandchildren rights over children is an effort to realize them purpose justice, empowerment and protection of human rights.
Interconnection Systems as An Alternative Fulfillment of Women and Children Right Post Court Verdict Naim, Abdul Haris
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 2 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i2.29597

Abstract

After the divorce decision was made by the court, the problem of difficult execution regarding the fulfillment of women's and children's rights arose. This research discusses alternatives after the decision of the Religious Court in adjudicating divorce cases to ensure the fulfillment of women's rights after divorce. The method in this research was carried out using a type of literature. The data was collected through an inventory of related laws and regulations, and through books, journals and other secondary materials related to the research focus.  The results of this research offer an alternative interconnection system between institutions that is solution-oriented by utilizing and improving existing cooperation in the Religious Courts to optimize mut'ah (contract) and hadlanah (children fulfillment) payments from ex-husbands to ex-wives after divorce.  In this way, the implementation of religious court decisions regarding women's rights after divorce can be carried out effectively.
Analysis of Islamic Law on The Haijuran Traditions of The Padang Bolak Community in North Padang Lawas Regency Siregar, Ilham Ramadan; Idris, Idris; Amiruddin, Amiruddin; Akhyar, Akhyar
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 2 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i2.24408

Abstract

The tradition of haijuran is a traditional practice and customary sanction applied when someone intends to undergo a divorce within the Padang Bolak community, particularly in North Padang Lawas Regency. This tradition has evolved into local wisdom aimed at minimizing divorce cases within the Padang Bolak community and continues to persist to this day. The research is conducted to understand the significance and role of the haijuran tradition, as well as analyzing the Islamic legal aspects related to this tradition. The research method used is field research with a qualitative phenomenological approach. The research findings indicate that the haijuran tradition still exists in the community, despite alternative approaches to handling divorce cases through religious courts. This can be attributed to the strong adherence to traditional values by the Padang Bolak community in the North Padang Lawas regency. The role of the haijuran tradition has proven to be quite effective in minimizing divorce rates in the community. Other contributing factors to this reduction in divorces include high family concerns, adherence to customary rules, intermarriage within the same ethnic and regional groups, and the imposition of haijuran fines. The Islamic legal analysis of the haijuran tradition can be divided into two aspects. Firstly, the designation of haijuran to husbands is categorized as a matter of muamalah (interpersonal), with its legal basis drawn from urf (custom), and its implementation considered mubah (permissible). The method employed in this analysis is istishlah (fiqh discussion) or maslahah mursalah (decision), with the rationale of expected benefits, such as minimizing unilateral divorces and providing compensation to divorced women. On the other hand, the designation of haijuran to women seeking divorce from their husbands has a different legal status, in accordance with Islamic law, known as khulu’ (divorce).
Non-Litigation Dispute Resolution Mechanism in Civil Law (Case Study at ANQ Law Firm Kudus Office) Abdullah, Junaidi; -, Shobirin
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 2 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i2.29238

Abstract

This research focuses on the mechanism of non-litigation dispute resolution in civil law, with a case study at the ANQ Law Firm Kudus Office. A common problem raised is the lack of understanding and application of non-litigation dispute resolution methods, such as mediation, negotiation, and arbitration, which can avoid lengthy and costly court proceedings. The purpose of this study is to analyze the effectiveness of non-litigation dispute resolution mechanisms and the obstacles faced in their implementation. The research method used in this research uses field research with a qualitative approach. How to collect data by observation, documentation and interviews. Meanwhile, data analysis is carried out through data reduction, then displaying data and then verifying the data. The results of the research show that the resolution of non-litigation disputes in civil law at the ANQ law firm office is through visits to the homes of problematic members to deliberate and provide legal education to arouse the awareness of problematic members so that peace is created. This article asserts that while non-litigation mechanisms are effective in most cases, it is important to increase legal awareness and understanding among the public in order to maximize the potential of these methods in civil dispute resolution.
Resolution of Nusyuz Conflict on Household in Hadith Ahkam Perspective Jannah, Miftahul; Husti, Ilyas; -, Rahma
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 2 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i2.24885

Abstract

Marriage aims to create a peaceful and serene household. In domestic life, there are rights and obligations between husband and wife that must be mutually fulfilled so that the goals of marriage can be achieved. However, if one party violates their rights and obligations, that is called nusyuz. Nusyuz is essentially divided into two, nusyuz husband and nusyuz wife. The method used in this research is a qualitative method based on library research. Data collection techniques use references from various books, journals and articles. Meanwhile, the data analysis technique in this research uses data presentation and drawing conclusions. The results of the research explain that the solution to a nusyuz conflict is if the wife commits nusyuz, then the husband's actions take several stages, namely advising the wife, separating the bed, and hitting the wife with a blow that does not hurt. If it is the husband who carries out the nusyuz, then the action taken by the wife is to advise the husband, ask for ishlah (peace), and the final step is to make a complaint to the judge.
Polemic of Halal Industry Trends in Idonesia: Between Legalization and Profanation in The Perspective of Maslahah Mursalah Munawiroh, Afifatul
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 2 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i2.23725

Abstract

This paper is based on library research or literature studies. The theme taken in this study is the Halal Industry in Indonesia. This research focuses on digging in depth regarding the ongoing polemic regarding the halal industry after the legalization of halal product guarantees contained Peraturan Pemerintah No. 39 Tahun 2021 Tentang Penyelenggaraan Bidang Jaminan Produk Halal. Even though it has been ratified, the reality in society still often arises debate regarding the urgency of enacting these regulations. The emphasized study includes whether the urgency of guaranteeing halal products is due to community initiatives, government interests, or simply wanting to match trends in other countries. There are two important questions in this research. First, what is the urgency of having halal products in Indonesia? Second, what is the polemic map of the application of the Halal Product Guarantee Law in Indonesia? With a juridical state approach to explain the reasons that require the existence of a halal product industry and the pros and cons of implementing halal product guarantees in Indonesia. The results in this study are that the ratification of regulations related to halal product guarantees has had an impact on the diversity of people in Indonesia. The existence of pros and cons after mandatory halal certification is the reason that the implementation of the halal industry in Indonesia still favors one group, has not provided aspects of benefit to all Indonesian citizens.
Critical Thinking on the Limitation of Political Functions in Indonesia Umam, Muhamad Khoerul
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 2 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i2.24672

Abstract

Ministers or other officials who concurrently hold public and political functions have become a central issue in constitutional studies. Excessive power will make people have the potential to cause abuse of power. This research has a specific objective to analyze and examine the arrangements regarding the limitation of political functions. Methodologically, this research is normative legal research or library research using statutory and conceptual approaches. Data and information obtained through library materials, such as books, journals, and laws and regulations related to research issues. In this research, it is found that some commissioners and directors of state companies or private companies and even ministers or state ministries are involved in concurrent functions that have the potential for abuse of power, and are contrary to Law Number 25 of 2009 concerning Public Services, Law Number 19 of 2003 concerning BUMN, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition and Law Number 2 of 2011 concerning Amendments to Law Number 2 of 2008 concerning Political Parties. This article is a critique of officials who are involved in concurrent functions as well as providing alternative strengthening in the limitation of functions.
The Effectiveness of Legal Aid Implementation under PERMA No. 1 of 2014 in Religious Courts: A Policy Analysis Using Van Metter and Van Horn’s Framework
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 16, No 1 (2025): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v16i1.33344

Abstract

This study aims to analyze the implementation of Supreme Court Regulation (PERMA) Number 1 of 2014 on Legal Aid Posts (Posbakum) in Religious Courts, using an empirical juridical research design and a regulatory-statutory approach. Primary data were collected through observations and interviews with judges, Posbakum officers, and the community as service recipients at the Palu Religious Court. The results of the study indicate that the implementation of Posbakum services at the Palu Religious Court has been running in accordance with PERMA provisions, marked by an increase in the number of legal aid service recipients. Through an analysis of the policy implementation model by Van Metter and Van Horn, it was found that successful implementation was supported by clear standards and targets, structured cooperation agreements, community support, and positive attitudes of implementers. However, there are still obstacles on the limited budgets and inadequate service room facilities, affecting the effectiveness of providing legal aid to the community
Regulating Polygamy in Indonesia and Egypt Toward Greater Protection of Women
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 16, No 2 (2025): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v16i2.27693

Abstract

This study examines the regulation of polygamy in Indonesia-Egypt and examines the extent to which these legal frameworks align with the protection of women within contemporary Islamic family law. The issue addressed arises from the persistent vulnerability of women in polygamous marriages, who are often exposed to economic insecurity, limited legal protection, psychological distress, and social marginalization. This study employs a normative legal research method using statutory, comparative, and conceptual approaches. Legal materials are analyzed through a qualitative normative analysis of marriage laws, judicial mechanisms, and Islamic legal doctrines governing polygamy in both countries. The findings indicate that the alignment of polygamy regulations toward women’s protection can be assessed through three main dimensions: economic protection, certainty of justice, and state recognition. Indonesia adopts a preventive–administrative model by requiring court permission, proof of economic capability, and the consent of the wife prior to polygamy. In contrast, Egypt applies a remedial judicial model by allowing polygamy with fewer preconditions while providing post-marital legal remedies, particularly the right of wives to seek divorce on the grounds of harm. However, both systems remain limited in delivering substantive protection for women, as legal safeguards tend to emphasize formal compliance rather than addressing psychological and social harms. This research implies the need for polygamy law reform that moves beyond procedural legality toward substantive gender justice grounded in maqāṣid al-sharī‘ah. The originality of this study lies in its integrated comparative analysis of normative, procedural, and protective dimensions of polygamy law in two Muslim-majority legal systems.
The Dilemma Between Islamic Law And Local Tradition: A Critical Analysis of Consanguineous Marriage Practices (Rampanan Kapa’) In The Tana Toraja Community
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 16, No 1 (2025): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v16i1.28039

Abstract

This study explores the complex relationship between Islamic law and local tradition through a critical analysis of consanguineous marriage practices, specifically Rampanan Kapa’ Sule Langngan Banua, in the Tana Toraja community. While this tradition is deeply embedded in the region's cultural identity and serves to preserve kinship ties and inheritance structures, it raises significant concerns within the framework of Islamic legal norms, particularly those related to mahram relationships. Using a qualitative case study approach, the research collected data through in-depth interviews with Muslim community members, traditional leaders, and religious scholars in Tana Toraja. The findings reveal a deep-rooted tension between cultural continuity and religious compliance, as some community members advocate for the tradition’s preservation, while others call for its reformation in line with Islamic principles. The study argues that the practice, although normative within customary law, contravenes the prohibitions outlined in Islamic jurisprudence and the Compilation of Islamic Law (KHI). Rather than acting as religious authorities (mufti or mufassir), this research adopts a socio-legal lens to assess the implications of consanguineous marriage in a multicultural and multi-religious setting. The study contributes to the discourse on legal pluralism and offers specific recommendations, including the integration of customary marriage education into local religious counseling programs, legal awareness campaigns for community leaders, and the formulation of local regulations (Perda) that respect cultural values while upholding Islamic legal principles.

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