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All Journal Qistie: Jurnal Ilmu Hukum JISIP: Jurnal Ilmu Sosial dan Pendidikan Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam JIHAD : Jurnal Ilmu Hukum dan Administrasi Jurnal Pengabdian Pada Masyarakat
Habib, Muhamad
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Journal : JIHAD : Jurnal Ilmu Hukum dan Administrasi

 1 
An Analysis of Court Decisions Regarding Applications for Interfaith Marriage (Comparative Study of Decisions Number 131/Pdt.P/2021/PN Jkt.Sel and Number 122/Pdt.P/2020/PN.PTI) Manalu, Gibson; Aryono, Aryono; Habib, Muhamad; Santoso, Aris Prio Agus
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 3 (2024): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v6i3.7253

Abstract

The emergence of differences in views regarding whether or not interfaith marriages are permissible in Indonesia because it has not been clearly regulated in the Marriage Law has led several people to apply for interfaith marriages. The aim of this research is to find out the legal basis and considerations of judges in handing down decisions on interfaith marriages in the District Court and the implications of the judge's decisions on these marriages. This research is normative juridical research which is based on several laws and regulations regarding marriage. The results of this research explain that (1) Decision Number 131/Pdt.P/2021/PN Jkt.Sel is an application for permission to register interfaith marriages which was granted by the South Jakarta District Court, where the judge thought there was a lack of explanation of the law because in The law does not expressly prohibit interfaith marriages. The judge's consideration in deciding this case was because he understood Article 2 paragraph 1 of the Marriage Law Number 1 of 1974, which states that marriage is valid according to the laws of each religion and belief. Meanwhile, determination Number 122/Pdt.P/2020/PN.PTI is an application for a marriage permit which was rejected because this application was deemed to contain formal defects so it could not be accepted (niet on vankelijke verklaard). (2) The legal implication of the decree being granted is that there is no problem because legally it is permissible to carry out interfaith marriages. This includes the relationship between husband and wife and their children, which is regulated in law and has permanent legal force. Meanwhile, the implication of a rejected decision regarding the validity of the marriage is that it is invalid and all legal consequences arising from the marriage are not recognized.
Distribution of Stepchildren's Rights in Inheriting According to Islam Habib, Muhamad; Sari, Ruli Vita; Putra, Zakiyya Muflih Gusma; Sholeh, Mohamad; Fulianto, Eko; Gustini, Rahayu Pradita
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 3 (2024): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v6i3.7190

Abstract

The distribution of stepchildren's rights in inheritance according to Islamic law is an important thing that we must know and need to understand. The technique for preparing this article uses research from previous research results after collecting several journals and information that has been searched through social media. Stepchildren in Islamic inheritance law are not directly classified as heirs because there is no hereditary cause (asbabul miirats). (deliberation). As a result, according to the general view, stepchildren do not automatically have the right to inherit their stepparent's inheritance. However, by using other alternatives (other methods) in Islamic inheritance law, stepchildren will not lose their right to receive protection from their parents, as the inherited children of their biological father and mother. And in Islamic inheritance law, stepchildren can inherit assets from the marriage of their biological father or new mother (their new family) by means of Qiyas and Wasiat Wajibah in the amount of 1/3. The aim is to find out the position and understanding of stepchildren's inheritance rights in Islamic inheritance law and how to obtain a share of stepchildren's inheritance rights in Islamic inheritance law. 
Co-Authors Amallia, Sabrina Difa Aris Prio Agus Santoso Aryono, Aryono Evi Elisanti, Evi Fawzi’ah, Nurul Itsna Fulianto, Eko Gibson Manalu Gustini, Rahayu Pradita Hanipudin, Sarno Haryadi, Ary Rachman Izzatul, Munira Lestari, Tri Indah Mustofa, Khoirul Priyo Agus Santoso, Aris Purnomo, Singgih Putra, Zakiyya Muflih Gusma Rohmah, Safitri Nur Santoso, Aris Priyo Agus Sari, Ruli Vita Sholeh, Mohamad Sri Mulyani Subki, Taqiyudin Sulistyowati, Eclisia Suwarto Suwarto Walidi, Walidi Yudhianto, Kresna Agung