ALFIQH Islamic Law Review Journal

PENAL MEDIATION IN RESOLVING DOMESTIC VIOLENCE CASES

Khairatun Hisan, Fauziah Wiranti Briliana, Selmarisa Wardhani — Sat, 13 Jan 2024 00:00:00 +0700

In the settlement of domestic violence cases, the victim often refused to report the case because feeling ashamed. Therefore, better solution need to be applicated, which is by applying the concept of penal mediation, thus the parties will have full power to determine how the case should be settled. The purpose of this study is to discuss further about how positive law and Islamic law view domestic violence cases if done through penal mediation. The research method used is normative juridical with qualitative-inductive data analysis. The result is that positive law in Indonesia has adopted the elements contained in the penal mediation process, which is called the Restorative Justice system. Domestic violence is one of complaint offense which Penal Mediation could be implemented to solve it. In Islam, domestic violence is included in the category of criminal acts of persecution whose punishment is qisas. Judging from the fiqh jinayah, the penal mediation process is similar to the qisas-diyat punishment in several respects.

EXPLORING SUPREME COURT CIRCULAR NO. 2 OF 2023'S IMPACT ON INTERFAITH MARRIAGES

Sat, 13 Jan 2024 00:00:00 +0700

Supreme Court Circular (SEMA) No. 2/2023 restricts judicial approval for interfaith marriages, encountering implementation hurdles due to limited public understanding. This study evaluates the circular through Maqashid Syariah, revealing Islam's inherent prohibition against such unions. Utilizing a juridical-normative approach, the research highlights the circular's foundation in both religious and state law, providing regulatory clarity within religious law and state administration contexts. SEMA No. 2/2023 plays a pivotal role in harmonizing legal frameworks, addressing debates on religious marriages. This research contributes to understanding the circular's implications, emphasizing Maqashid Syariah's broader objectives in alignment with societal dynamics and legal structures.

RATIONALE ECONOMICS IN ISLAMIC LAW LEGISLATION IN INDONESIA

Junaidi Abdillah, Ahmad Zubaeri, Nurul Huda — Thu, 25 Apr 2024 00:00:00 +0700

The reform era (1999-2020) with its democratic faucet succeeded in presenting an interesting phenomenon of legal political struggle (siyasah syar'iyyah). Proven by the birth of 13 laws and a number of faith-based regional regulations in Indonesia. This paper aims to find a portrait of the legal and political struggle after the 1999-2020 reform and economic factors (rationale) in Islamic legal legislation in Indonesia after the 1999-2020 reform. This paper uses documentary-historical methods through a legal sociology approach. While the analysis knife is critical hermeneutics. This paper finds the following findings that: First, the political and legal struggles after the 1999-2020 reform in Indonesia are very dynamic and intense. This can be seen from the model of using omnibus law in the Job Creation Law. Several changes lead to investment and ease of businesspeople to develop sharia business. Second, the transformation of Islamic law in Indonesia has presented a different character and model with the formulation of three foundations of a law designed by experts. It appears that the economic factors of the ummah are the main basis in the post-reform law formation model.

DISPARITY IN JUDICIAL RULINGS ON PREGNANCY-RELATED MARRIAGE DISPENSATIONS

Nabilah Falah, Riki Kristianto — Sun, 14 Apr 2024 00:00:00 +0700

When the age requirement for marriage is not fulfilled, one option is to use marriage dispensation. The Banjarnegara Religious Court accepted a marriage dispensation application which showed that the judge approved of early marriage. This article is a normative research using a comparative approach in the same case seen from the perspective of maslahah mursalah. The data sources used are secondary data sources in the form of copies of decisions Number 859/Pdt.P/2021/PA.Ba that approve the application and Number 421/Pdt.P/2019/PA.Ba that rejected the application. The technique of collecting legal materials by means of literature study was analyzed using deductive logic. The results of the analysis show that the panel of judges in both decisions considered the greater benefit to alleviate the harm by looking at the child's emergency situation and the child's readiness. The implications of this research show that there is flexibility in making laws, which allows for adjustments to social demands and changing circumstances.