ICIFL: International Conference on Islamic Family Law

EQUALITIES AND FAIRNESS IN MUSLIM FAMILY LAW

Kasjim Salenda — 2023-10-26

The discussion about justice and equality in Islamic family law is an interesting topic to be raised because there exists a discrepancy between the explicit principles of Islam that outline the rights and responsibilities of family members and the practices in society that sometimes result in unfair treatment, especially towards women. This factor is triggered by interpretations that are less inclusive of religious texts (the Qur'an and hadith), which tend to be influenced by history, cultural norms, and patriarchal traditions embraced within the community. This condition leads to the emergence of inherited perspectives and behaviors that uphold the notion that men hold a superior position compared to women. Therefore, it is crucial for Islamic family law to ensure justice and equality as integral components in order to achieve harmony and tranquility within the family sphere. Without this, the risk of discrimination and neglect will persist, particularly towards women and children

OTHER RELIGIOUS WEDDINGS

Marzuki — 2023-10-26

Statements that interfaith marriages constitute a space for tolerance are becoming more prevalent in society as a result of the polemics surrounding interfaith marriages, also known as mixed marriages, which are governed under Indonesian marriage law. Therefore, the purpose of this study is to comprehend the opinions of academics on interfaith marriages as well as the prevalence of such unions in Indonesia. The method of research performed is library research, and the literature studied includes books, journals, and other publications that are pertinent to the research topic. According to the study's findings, there are still many different perspectives about interfaith marriage as a reality in people's lives. For instance, the principles of Islam as represented by Islamic groups like MUI, NU, and Muhammadiyah specifically forbid interfaith unions. The Koran, hadith, and studies of ancient scholars, together with Indonesian laws and regulations, form the foundation of Islamic organizations' ban on marriage. However, there are still others who strive for the legalization of interfaith unions

DRUG ABUSE CRIMES: Prevention and Management Efforts in Palu City

Ahmad Syafi’i — 2023-10-26

The community is deeply concerned about and alarmed by the criminal activity of drug usage. Law Number 35 of 2009, which regulates the legal instruments that govern it, both in the form of laws and conventions that have been ratified as the foundation for eradicating and controlling narcotics trafficking in Indonesia, but in practice law enforcement still appears weak despite the seriousness of the penalties. heavy. As a result, the Palu City Government, the Palu Resort Police, and BNN Palu have implemented a variety of measures to prevent and deal with it, including pre-emptive, preventive, repressive, treatment, and rehabilitation for drug addicts. Because of this, the community and the government share responsibility for protecting the nation's future generations from the effects of drugs

الفكرة النسوية لأمينة ودود

Ubay Harun — 2023-10-26

رأت أمينة ودود أن القرآن كنص مقدس لأمة الإسلام كان مفسَّرا بنمط التفسير التقليدي الممتلىء بانحياز النظام الأبوي الذي يحتاج إلى تحديد السياق بوسيلة إعادة التفسير. وهذا العامل الذي دفع ودود إلى تأليف الكتاب بعنوان " Qur’an and Women: Rereading the Sacred Text from a Women’s Perspective ". وهذا الكتاب كان قلقها الأكاديمي الذي أصابها لعدم المساواة بين الجنسين في المجتمع. وأحد الأسباب لهذا الأمر هو تأثير إيديلوجي التفسير التقليدي الممتلىء بانحياز النظام الأبوي. وفي ذلك الكتاب كانت ودود تحاول أن تقوم بالتفكيك وتجديد نمط التفسير التقليدي الممتلىء بانحياز النظام الأبوي. وودود كرائدة نسوية بخبراتها وجنسها النسوى كانت يصيبها قلق واضطراب بحال النساء الثانوية من الرجال في زمنها. وهذا القلق كان يدفعها على الدراسة والبحث عن القرآن باعتبار أن النص المقدس يمكن أن يكون سببا لظهور الفهم الذي يضع النساء في المكان الثاني من الرجال. ونتائج دراستها كانت تشير إلى أن ليس القرآن الذي يسبب النساء في المكان الثاني من الرجال بل الذي يسببه هو إيديولوجيا أو التعاليم الدينية التى ظهرت من نمط التفسير التقليدي الممتلىء بانحياز النظام الأبوي من العلماء السابقين

Wife As A Breadwinner For Family (A Sociology of Law Study of Bulu Mario Village Society, Pasangkayu)

Muhammad Taufan Badollahi — 2023-10-26

This article discusses a phenomenon increasingly common as a social fact, the wife takes on the role of the main breadwinner in the family. Social and economic changes have caused a shift in the traditional role of the family, which places the husband as the main breadwinner. This study analyzes the impact of these changes on family and marital dynamics. This study uses observations and interviews with several families in the Bulu Mario community, Pasangkayu. As a result, when the wife becomes the main breadwinner, there is a change in the dynamics of power in the husband-wife relationship. Some couples face challenges in navigating these changing roles and in balancing family responsibilities with career demands. In addition, this article also discusses several social and cultural factors that influence people's perceptions of the wife's role as the main breadwinner. Stigma and pressure from the surrounding environment often become obstacles for couples who experience this change. This study concludes that these changes can have both positive and negative impacts depending on how couples manage their roles and responsibilities. Social support and changes in cultural norms are needed to accommodate this new role in the family.

MARRIAGES AT AN EARLY AGE IN THE RIO PAKAVA DISTRICT OF THE DONGGALA REGENCY (From the Viewpoint of Islamic Law)

Suhri Hanafi — 2023-10-26

In a young society, early marriage is a concern and a reality. Underage marriages frequently take place for a variety of reasons and viewpoints, including those that are legal, religious, and based on social norms and traditions. As a result, the research attempts to discuss and investigate the causes of early marriage, its effects, and how Islamic law justifies the legitimacy of the early marriage law in Kec. Rio Pakava, Kab. Donggala. The research methodology employed involved picking an Islamic legal approach and gathering data through qualitative field research using interviews. The research has revealed a number of variables that affect the prevalence of early marriage in Kec. Rio Pakava, Kab. Donggala is an element of education, economy, online social media, and millennial culture that causes unmarried pregnancies and receives parental or guardian approval. Some of these aspects, like health, psychological effects, and the influence of societal judgments on people's life, might have detrimental effects. Islamic law indicates that this form of marriage may or may not occur if its existence is considered from the benefit side due to the elements and repercussions of early marriage. However, the Qur'an states that persons who are getting married must be mature, capable, and ready. Scholars are currently debating the definitions of ability and maturity

THE INTEGRATION AND INTERCONNECTION PARADIGM FOR THE STUDY OF ISLAMIC FAMILY LAW

Sitti Nurkhaerah — 2023-10-26

In order to establish a more comprehensive and multifaceted understanding of Islamic family law, the research intends to analyze and address issues related to the paradigm of integration and interconnection in the field. The research is thus categorized as qualitative library research (library research). In this study, a scientific issue is examined using written data sources, such as the opinions of Amin Abdullah and Imam Suprayogo, who believe that Islamic family law is integrated and interconnected. As a result of this research, Islamic family law can be studied to offer comprehensive and integrated solutions to the different issues that contemporary Muslim countries are facing. The values of justice, equality, and balance in the institution of the family in Muslim culture can be strengthened with the aid of this paradigm. Because established conventional understandings of various verses of the Quran, Hadith, and books of fiqh are thought to be incapable of answering the challenges of family law problems that arise in the modern era, the interconnection and integration of Islamic family law undertaken in Indonesia is intended as an attempt to address the challenges of modernity in the field of family law.

STRENGTHENING A SAKINAH FAMILY TO CONFRONT THE DIFFICULTIES OF THE GLOBALISATION ERA

Sitti Musyahidah — 2023-10-26

The household requires to be competent to stay solid in the face of difficult circumstances and the growth of globalization, which has spawned numerous constructions of different resources to ease the fulfilment of human needs, in this case the family, which will undoubtedly have both negative and positive effects. The Quranic method employing The Tahlili technique must be adopted as the way of thinking in order for this talk to be about raising a sakinah household. In light of the difficulties posed by the globalization era, the state of families supported by the Quranic method is more apparent. Sakinah, tranquilly and inner tranquilly. Six times in the Qur'an, this word is mentioned, including verses 248, 26, and 40 of surah at-Taubah and verses 4, 18, and 26 of surah al-Fath. These verses explain how sakinah was introduced into the hearts of the prophets and believers by Allah SWT so that they would be unwavering and brave in the face of difficulties, hardships, disasters, and ordeals. This awareness, which they both developed with the mindset of embracing all their flaws, brought life to or made evident a generation or Muslim civilization that was evolved in many areas and had the fundamentals of religious instruction

MAHAR ESSENCE SHARIA MAQASHID'S AS A PERSPECTIVE

Hamiyuddin — 2023-10-26

This research explores the significance of the dowry command within Islam, tracing its origins to the Quran and its recognition as a privilege granted by God to women. The study underscores the non-interference principle, asserting that external parties should not meddle in this privilege designated for prospective wives. Furthermore, the research highlights the distinct nature of dowry – not a payment for the bride or a parental gift, but an integral requirement for husband-wife relationships. The dowry's role in establishing reciprocal connections and a foundation of affection is emphasized, along with the associated husband's leadership status. Approaching the topic from the perspective of Maqshid Syarîah, the research situates dowry within munakahat fiqh, aligning it with maqshid at-tabi'iyah. This alignment is supported by Imam Syathibi's perspective, which regards maqshid at-taba'iyyah as a pursuit that encompasses human desires, inclinations, and qualities

Warrants of Foreign Citizens after Interracial Marriage in Managing Evaluation of the 1945 Constitution

Besse Tenriabeng Mursyid — 2023-10-26

Marriages between two people who are bound to disparate laws in Indonesia due to differences in citizenship and one of the couples is an Indonesian citizen have been acknowledged as interracial marriages under the Marriage Law, specified that they are conducted in accordance with the law that is in effect in that nation and are registered with the marriage admission institution. According to the first sentence of article 28D, each individual has the right to acceptance, warranties, safety, and legal certainty that is equal and equitable under the law”. Therefore, each deserves to be guaranteed their rights, particularly the right to request a judicial review of a law that violates the Republic of Indonesia's Constitution, despite the fact that they are foreign citizens. As stated in Article 27 paragraph 1 and Article 28D of the 1945 Constitution as well as Article 3 paragraph 2 and Article 5 paragraph 1 of Law No. 39 of 1999 concerning Human Rights, which essentially describes fairness of rights and status of all individuals prior to the law relating to the purpose defined by the premise of equality before the law, this legal shielding is provided to “all individuals,” and not only Indonesian citizens

INHERITANCE RIGHTS OF ADOPTED CHILDREN IN SAME-SEX MARRIAGE (LGBT) IN INDONESIAN LEGAL STUDIES

Randy Atma R Massi — 2023-10-26

Today there are groups that appear to bring controversial issues and become the object of debate for a number of parties. That is the emergence of sexual orientation groups (LGBT) Lesbian, Gay, Bisexual, and Transgender. These sexual orientation groups not only demand that their existence be respected in the community, but they also fight for same-sex marriage to be legalised by the marriage law. Not a few have adopted children, which of course will have an impact on the inheritance rights of the adopted child.

The author only focuses on the inheritance rights of adopted children in same-sex marriages. This research method uses normative juridical research, while this research approach uses a statutory approach, in this research the nature of the research is descriptive, as the data source taken from data sourced from secondary data obtained by library research. Then, the data is processed and carried out using qualitative analysis.

Based on the results of the research that the appointment of children who are not legalised by the determination of the panel of judges, their status is not valid in the eyes of the law because it can lead to adverse legal consequences for both the adopted child and his adoptive parents if one day there is a problem or dispute between each party. In addition, the rights of adopted children in LGBT couples are definitely under the status of inheritance that will still be obtained through unwritten law with the conditions decided and determined by the judge in accordance with Article 50 paragraph (1) of the Judicial Power Act. However, there is no customary law in Indonesia that recognises the existence of LGBT because it is an act of moral violation for society

INDONESIA'S DYNAMICS OF CHILD MARRIAGE (Legalisation of Child Marriage through Marriage Dispensation in the Islamic Courts)

Nursalam Rahmatullah — 2023-10-26

Marriage dispensation is an alternative government policy that is expected to be able to overcome various problems in Indonesian family law, but on the other hand it has a negative impact on the growth of child marriage cases which have become one of the concerns of international organizations in the field of human rights. This is because countries with Muslim majority populations experience a significant growth in the number of child marriage cases. Therefore this policy is considered as a loophole that hinders efforts to prevent child marriage cases in Indonesia. An alternative government policy known as marriage dispensation is expected to be able to resolve a number of issues with Indonesian family law, but it also has a detrimental effect on the rise in child marriage cases, which are a concern for international organisations working in the field of human rights. This is due to the fact that child marriages are increasing significantly in nations with Muslim majorities. Therefore, it is believed that this policy is a flaw that undermines efforts to stop child marriages in Indonesia.Researchers found a number of factors that contribute to the growth of child marriage through the marriage dispensation route, with early love relationships being one of the most significant. These relationships have an impact on pre-marital sex, which ultimately results in pregnancy at a young age. The best course of action for the Indonesian government is to implement preventive policies early on with the active participation of parents in Indonesians have a tendency to be receptive to foreign cultures that do not conform to the country's religious and noble cultural values, thus the environment as well as legislation under several strategic ministry sectors work to slow the speed of sociocultural change.After conducting an in-depth study through the literature and a case study approach, the researchers found various factors that trigger the growth of child marriage through the dispensation of marriage, one of the most influential is romantic relationships from an early age which has an impact on premarital sex which ultimately leads to pregnancy at a young age, the right solution that can be done by the Indonesian government is to issue preventive policies early on with the active participation of parents and the surrounding environment as well as regulations under various strategic ministry sectors to inhibit the pace of socio-cultural change where Indonesian people tend to be open to foreign cultures that are not in line with the norms of religion and noble culture of Indonesia, especially teenagers who are still included in the age of children

A PROFESSIONAL LEGAL THOUGHTS ON HOUSEHOLD VIOLENCE (KDRT) AND ISLAMIC LAW

Moh. Amin Khoironi — 2023-10-26

Recent events demonstrate that there has been an upsurge in physical, psychological, sexual, and neglectful forms of domestic abuse. As a result, the issue of domestic violence requires appropriate legal tools. Law No. 23 of 2004 in particular, a reaction to the concerns of the Indonesian people about the increase of domestic violence that is not particularly addressed in the Criminal Code, regulates the crime of domestic violence (KDRT). The Law on the Elimination of Domestic Violence generally provides for jail and fines as means of punishment, with the severity of the penalty varying according to the act committed and the victim's experience with the law. Law Number 23 of 2004 Concerning the Elimination of Domestic Violence was passed into law.. Islamic law, on the other hand, is a legal framework that puts human values first. Islamic law provides guidelines that are intended to help people and has as its overarching objectives obtaining justice, kindness, gain, and knowledge in life. Islamic law forbids all acts of cruelty and injustice, as well as all types of violence. This idea derives from the conviction that the purpose of Allah's revelation, as it is carried out through the application of Islamic law, is to provide enjoyment, goodwill, and profit to mankind