Bilancia: Jurnal Studi Ilmu Syariah dan Hukum

The Distribution of Inheritance to Extramarital Children on Islamic Legal Perspective

Maulana Amin Tahir — 2024-02-27

Children are considered a precious blessing from a higher power and are entrusted to our care to be nurtured and guided towards a bright future. As parents, it is our duty to provide the best possible attention to our children, as protecting their rights is an important obligation outlined in the Islamic religion. Illegitimate children, born to unmarried women, are not exempt from these responsibilities. This study focuses on the distribution of inheritance to illegitimate children in accordance with Islamic law, using a descriptive normative juridical method. The findings reveal that under KHI provisions, an illegitimate child is entitled to a share of their mother's inheritance, with a single woman's child receiving half and a child from multiple women receiving two-thirds.

A Review of The Mashlahah of Uang Panai’ in Decision Making: The Role of Financial Behavior, Social Strata, Education and Religiosity

Kurniati — 2024-06-01

The tradition of uang panai’ has been rooted in the Makassar Bugis tribe's marriage until now giving birth to several meanings, the higher the uang panai’ given shows the higher the Social strata of the family. Another meaning is also said to be that if there is no uang panai’ then there is no marriage. This tradition affects people's behavior in deciding to get married. Perhaps some of them choose to continue their relationship through silariang (elopement) and even commit suicide because they are frustrated that they cannot meet the demand for uang panai’. This paper examines community behavior in making decisions on the amount of uang panai’ influenced by financial behavior, Social strata, education and religiosity. This research uses a mixed method approach by using SMART-PLS data analysis and analyzing qualitatively with mashlahah analysis. The sampling technique is non-probability sampling with a purposive sampling method by taking samples based on certain criteria and selecting subjects according to the right informant. The results showed that financial behavior does not affect decision-making. The stronger the financial behavior of the community, the less likely the decision to meet the demands of the amount of money panai'. This is in line with the theory of planned behavior, the decision is to make considerations by making specific plans. Religiosity also does not influence decision-making. The stronger one's religious beliefs, the weaker the decision to fulfill the demands of panai'. This religious belief fosters responsibility so it is cautious in making decisions. The description of community behavior towards panai' money decision-making is more appropriate to explain in the concept of mashlahah mursalah.

Household Moderation as a Foundation for Building a Harmonic Family: An Integration of Murray Bowen's Family Systems Theory and Maqashid Sharia

Arif Sugitanata — 2024-06-01

This study explores the concept of "household moderation" as a strategy to overcome the dynamics and challenges of family life. This research adopts a literature-based qualitative research type to analyze the concept of household moderation. By integrating Murray Bowen's Family Systems theory and Maqashid Shariah principles, this research shows that household moderation, through practices such as prudent financiafl planning, equitable division of tasks, effective time management, education, and physical and mental health, can create a strong foundation for a harmonious and supportive family life. This research emphasizes the importance of effective communication, cooperation and flexibility in dealing with daily challenges and adapting to changes in family life. Based on an analysis of Murray Bowen's Family Systems theory, home moderation offers insights into how self-differentiation, avoidance of negative triangulation and stabilization of the family emotional system can support healthy family functioning. In addition, marital moderation also contributes to protecting the five aspects of essential well-being according to Maqashid Shariah: religion, soul, intellect, offspring and property. However, this study also recognizes the need to explore further the application of household moderation in highly diverse family contexts to enhance the relevance and applicability of this concept in a pluralistic society.

The Relevance of the Marriage Age Maturation Program according to Law No. 52/2009 from the Perspective of Maqāṣid al-Syarī'ah (Case Study in Bontoa District, Maros Regency)

Nur Alimahmudrikah — 2024-06-01

The purpose of this study is to reveal the relevance of the Marriage Age Maturation Program according to Law No. 52 of 2009 from the perspective of Maqāṣid al-Syarī'ah in Bontoa District, Maros. This research is qualitative research, the type of research is field research. The data collection methods used in this research are observation, interview and documentation. Data processing and data analysis techniques used through three stages, namely: data reduction, data presentation, data verification, data classification, data analysis and conclusion drawing. The results showed that; the relevance of Maqāṣhid al-Syarī'ah to the implementation of the Marriage Age Advancement Program according to Law No. 52 of 2009 in Bontoa District, Maros Regency is in expectation of improving the quality and controlling the quantity of the population, the five main elements in Maqāṣhid al-Syarī'ah are very relevant to the Marriage Age Advancement Program for the sake of benefit and preventing evil.

Legality of Implementing an Embargo in Efforts to Resolve Armed Conflicts Between Countries

Derfy Rizky Suling — 2024-06-02

Embargo have become one of the common strategies used by states in responding to violations of international law by other states including when there is an armed conflict between states. However, the application of embargoes tends to worsen the atmosphere of conflict, disrupt international politics and cause significant impacts in many countries which raises the question of how important the application of embargoes as an effort to resolve conflicts. This problem will also target the legality of such actions in the context of the principles of international law governing state sovereignty, human rights, and international trade rules. With a normative legal analysis approach, this research aims to examine the international legal framework governing the implementation of embargoes, which reveals that the use of economic sanctions has been a common practice found in international law for many years and has developed into an international custom.

Consumer Protection Due to Disclaimer Clause in Internet Site

K. Vitarani — 2024-06-29

A unilateral agreement that contains a transfer of responsibility or known as a disclaimer clause is deemed to be in conflict with the provisions of Law No. 8 of 1999 concerning Consumer Protection in article 18, an agreement which contains limits on responsibility is also contrary to the law of agreements where this is considered to have deviated or there is no compliance or conformity with one of the conditions for the validity of an agreement, namely "a legal cause", besides this having a negative impact on legal development and the health of the economy, law enforcement should be more detailed and firm regarding this matter. This research aims not to ignore a provision and as an enlightenment for legislative institutions to focus more on problems that are often overlooked, especially on law enforcement. The formulation of the problem is about the nature of the disclaimer clause according to contract law, consumer protection law and its impact in the future for business actors and consumers as a form of material or basic knowledge of legal certainty and the impact of the inclusion of the disclaimer clause. The method used in research is a type of normative legal research. The validity of an agreement according to the Civil Code must fulfill the four conditions stated in article 1320 of the Civil Code. The inclusion of standard clauses on internet sites remains based on the law of agreements in the Civil Code. Meanwhile, the inclusion of unilateral agreements on internet sites in consumer protection law is considered valid as long as it does not violate the rules in article 18. In conclusion, there is no truth in the inclusion of a disclaimer if viewed from consumer protection law, and in assessing the meaning and definition of a disclaimer which is clearly against the rules, its inclusion is considered does not conform to the requirements in article 1320 of the Civil Code regarding the existence of a legal cause. The impact of including the disclaimer clause will result in legal problems for consumers and business actors as well as a lack of justice.

Analysis of Suspended Marriages from The Perspective of Human Rights and Child Protection Laws

Navila Zinqi — 2024-06-29

Early marriage by minors becomes a problem in many countries including Indonesia, with economical, educational and customary factors being the main reasons. In some areas in Indonesia where customs are still closely held, the practice of suspended marriages is very common. Suspended marriage is a condition where marriage is carried out when each partner is very young with a specific purpose and both are prohibited from living together in the same house before adulthood. This article aims to examine suspended marriage in human rights’ perspective and child protection law’s using normative research techniques by reviewing and deepening literature studies. The results of this study indicate that suspended marriages are included in the marriage of minors which is an act categorized as violating human rights because child marriage affects the education and growth of children and is a form of opposition to the Child Protection Law, the practice of early marriage and suspended marriages often occur in Indonesia even though the law has expressly prohibited doing so.