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All Journal Tarikhuna: Journal of History and History Education Hakamain: Journal of Sharia and Law Studies Perwakilan: Journal of Good Governance, Diplomacy, Customary Institutionalization and Social Networks
Ngardi, Valensius
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Humanities Decision Sciences, Operations Research & Management Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Determination of Nasab of Children Outside of Marriage in the Islamic Legal System: The Role and Decisions of Religious Courts in Indonesia Husni, Syukriya; Syahriani, Fadilla; Husni, Alfi; Wahid, Annisa; Ngardi, Valensius
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 1 (2024): June 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i1.332

Abstract

The determination of nasab for children born outside of marriage is a multifaceted legal and social issue, especially within the context of family law in Indonesia. This study delves into the critical role and decisions of Religious Courts in Indonesia concerning the nasab of such children, exploring how these courts balance national legal frameworks with the principles of Islamic law. Through a comprehensive analysis, the study highlights the legal factors, justifications, and ratio decidendi that underpin the decisions of the Religious Courts. It is imperative to understand the methodologies these courts employ in interpreting legal precedents, applying Islamic jurisprudence, and considering the broader social implications of their rulings. The investigation also looks into the procedural aspects of these cases, including the presentation of evidence, the involvement of legal and religious experts, and the impact of societal norms and pressures on judicial outcomes. It explores how the rulings influence public perceptions of legitimacy, inheritance rights, and social status, as well as their impact on the lives of children born outside of marriage and their families. The findings of this study underscore the dynamic interplay between religious norms and legal requirements in Indonesia, highlighting the challenges and opportunities in harmonizing these two systems. The study concludes by emphasizing the necessity for ongoing research to evaluate the long-term effects of these rulings on children's rights, social cohesion, and the development of a more inclusive and just legal framework.
Analysis of Islamic Law in the Context of Lethal Injection for Terminated Patients in Indonesia Syahriani, Fadilla; Ngardi, Valensius; Mulyani, Fini Fajri; Fismanelly, Fismanelly; Mardiati, Diana
Perwakilan: Journal of Good Governance, Diplomacy, Customary Institutionalization and Social Networks Vol. 2 (2024)
Publisher : IDRIS Darulfunun Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58764/j.prwkl.2024.2.68

Abstract

This study delves into the examination of Islamic law within the framework of lethal injection for terminally ill patients in Indonesia. The research focuses on the ethical and legal dimensions surrounding the use of lethal injection as a method of administering end-of-life care for individuals facing terminal illnesses. Employing a comprehensive analysis of Islamic legal literature and scrutiny of Indonesia's legal provisions pertaining to the termination of patients, the study seeks to ascertain the compatibility of lethal injection with Islamic principles. The research adopts a comparative legal analysis approach, comparing the tenets of Islamic law with Indonesia's existing legal framework concerning end-of-life decisions. By exploring the perspectives of prominent Islamic scholars and jurists, the study aims to provide insights into the multifaceted nature of the debate surrounding lethal injection within the context of Islamic law. The findings of this analysis will contribute to the ongoing discourse on ethical considerations and religious perspectives regarding end-of-life care, with implications for Indonesia's healthcare policies and legal regulations in the realm of terminal patient care.
Traces of the Archipelago Heritage: Uncovering the Historical Significance of Minangkabau in Negeri Sembilan Culture Syahriani, Fadilla; Yufriadi, Ferdi; Ngardi, Valensius; Firdaus, Beni
Tarikhuna: Journal of History and History Education Vol 6, No 2 (2024)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/thje.v6i2.9538

Abstract

This study aims to investigate the deep historical connections between Minangkabau and Negeri Sembilan, two regions with rich cultural heritage in the archipelago. We explore the traces of this heritage to uncover the historical significance of Minangkabau in the formation and development of Negeri Sembilan's culture. The research method involved in-depth historical analyses as well as a careful literature review, which helped us understand the influence that Minangkabau culture has had on the social structure, customary system, values and traditions of the people of Negeri Sembilan. Our results show that this historical footprint reflects not only cultural adoption, but also the complex interaction between Minangkabau and Negeri Sembilan, which has shaped a rich and unique cultural identity in the history of the archipelago. Research findings reveal the deep-rooted nature of this cultural relationship, starting from the early arrival of Minangkabau people in Negeri Sembilan during the 15th and 16th centuries, to diplomatic relations with Raja Mahmud of Pagaruyung in 1773. The historical significance of Minangkabau in Negeri Sembilan culture has important relevance in understanding the cultural dynamics of the region.
Co-Authors alfi husni, alfi Firdaus, Beni Fismanelly, Fismanelly Husni, Syukriya Mardiati, Diana Mulyani, Fini Fajri Syahriani, Fadilla Wahid, Annisa Yufriadi, Ferdi