cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Arifin Abdullah
Contact Email
arifin.abdullah@ar-raniry.ac.id
Phone
+628126925128
Journal Mail Official
jurnal.dusturiah@ar-raniry.ac.id
Editorial Address
Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh
Location
Kota banda aceh,
Aceh
INDONESIA
Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 20889712     EISSN : 25805363     DOI : http://dx.doi.org/10.22373/dusturiah
Core Subject : Economy, Humanities, Social,
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Dusturiyah journal accepts manuscripts in Indonesian, English and Arabic with focus: a study of laws and regulations: law, fiqh, Islamic economics, politics and social institution.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 163 Documents
 13   14   15   16   17 
JUDICIAL REASONING IN MARRIAGE DISPENSATION AT THE TAKENGON SYAR'IYAH COURT: A Critical Analysis of Legal Pluralism and The Paradox of Child Protection Apriliansyah, Muhammad Akmal; Gulo, Azhar Nur Mawaddah; Subhan, Bentara
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 16 No. 1 (2026): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/pb7fw142

Abstract

This study examines the judicial reasoning model in granting marriage dispensation at the Takengon Syar'iyah Court through a critical analysis of Decision Number 185/Pdt.P/2024/MS.Tkn. Using a socio-legal approach with legal pluralism and maqashid al-syariah frameworks, this research reveals that judges employ a three-stage hierarchical reasoning pattern: formal-procedural, social fact verification, and Islamic law substantive justification. The findings indicate that positive law (Law No. 16/2019 and PERMA No. 5/2019) functions as an initial barrier and procedural legitimizer, while Islamic law, particularly the fiqh maxim dar'u al-mafasid muqaddamun 'ala jalb al-mashalih (preventing harm takes precedence over bringing benefit), serves as a substantive problem-solver. Local socio-cultural realities, especially unplanned pregnancy and family honor concerns, act as triggering factors that are subsequently framed as "legal emergencies." This research identifies a critical paradox: the court's comprehensive advice on the risks of child marriage (educational disruption, mental health issues, and potential domestic violence) is ultimately overridden by the immediate need to resolve social crises. The study concludes that this practice represents "reactive legal pluralism" that effectively addresses immediate social conflicts but fails to provide proactive, long-term child protection, thereby reducing the "best interests of the child" principle to mere procedural formality rather than substantive consideration.
SERAWAI TRIBE COMMUNITY'S EFFORTS TO BUILD FAMILY RESILIENCE THROUGH: the Tradition of Fighting for Girls from Maslahah Murlah's Perspective Shiddiq, Akbar; Hakim, H. M. Aunul; Taklima, Musa; Miladiah, Vida Rofika
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 16 No. 1 (2026): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/w1sjgz60

Abstract

This study examines of the beterang tradition for girls in strengthening family resilience among the Serawai ethnic community through the perspective of maslahah mursalah. The study used a qualitative approach combining legal-sociological and normative methods. Data were gathered by observing, conducting detailed interviews, and reviewing documents from traditional leaders, religious people, parents, and young women. The findings indicate that the beterang tradition serves as a medium for internalizing religious, moral, and social values, contributing significantly to the psychological and spiritual readiness of young women for family life. It also plays a strategic role in preventing family conflicts, strengthening social relations, and fostering ethical awareness. From the perspective of maslahah mursalah, this tradition fulfills the principles of maqashid al-shari‘ah, particularly in safeguarding religion, life, intellect, lineage, and property, thus remaining relevant as a contextual model of family education based on Islamic values and local wisdom.
The Urgency of Reformulating Regulations on the Postponement of Marital Property Distribution to Fulfill the Best Interests of the Child Fatahillah, Zahrul; Ilham, Ajhatul; Mansari; Azharuddin
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 16 No. 1 (2026): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/qhj60v43

Abstract

The regulation of the distribution of marital property in Indonesia has not yet incorporated a child-protection perspective. In fact, divorce has direct consequences for children, particularly in situations where the marital property consists of only a single asset, namely the family home. If such property is divided equally between the husband and the wife, it may result in adverse effects on the best interests of the child. This study aims to analyze the urgency of reformulating the regulation of marital property distribution in a manner oriented toward child protection and the best interests of the child as reflected in Supreme Court Circular Letter (SEMA) Number 1 of 2022. This research employs a normative legal research method. The legal materials used consist of the Marriage Law and the Compilation of Islamic Law. Data collection was carried out through a literature review of library materials. The data were analyzed descriptively and prescriptively. The findings indicate that reformulating the regulation on postponing the distribution of marital property in the form of legislation is essential to address the existing legal vacuum in Indonesia. Although the Supreme Court has issued an internal policy in the form of a SEMA, its effectiveness is weak because it functions merely as an internal directive that is not legally binding on judges. A provision acquires binding force only when it is regulated in statutory legislation. The SEMA has attempted to realize the best interests of the child by providing for the postponement of the distribution of marital property when the property acquired during the marriage consists solely of a house that serves as the family residence. Dividing the house equally between the husband and the wife may generate negative consequences for the child, as the child could lose their place of residence.

Page 17 of 17 | Total Record : 163

 13   14   15   16   17 

Filter by Year

2017 2026


Reset
Filter By Issues
All Issue Vol. 16 No. 1 (2026): JURNAL DUSTURIAH Vol. 15 No. 1 (2025): JURNAL DUSTURIAH Vol 14, No 2 (2024): JURNAL DUSTURIAH Vol. 14 No. 2 (2024): JURNAL DUSTURIAH Vol 14, No 1 (2024): JURNAL DUSTURIAH Vol. 14 No. 1 (2024): JURNAL DUSTURIAH Vol 13, No 2 (2023) Vol. 13 No. 2 (2023) Vol 13, No 1 (2023) Vol. 13 No. 1 (2023) Vol 12, No 2 (2022) Vol 12, No 1 (2022) Vol 11, No 2 (2021): JURNAL DUSTURIAH Vol 11, No 1 (2021) Vol 10, No 2 (2020) Vol 10, No 1 (2020) Vol 9, No 2 (2019) Vol 9, No 1 (2019) Vol 8, No 2 (2018) Vol 8, No 1 (2018) Vol 7, No 2 (2017) Vol 7, No 1 (2017) More Issue