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All Journal Jurnal Ijtimaiyya ADHKI: Journal of Islamic Family Law Hikmah Legal Protection for the Partnership Agreement Parties Al-Istinbath: Jurnal Hukum Islam
Efrinaldi Efrinaldi
Universitas Islam Negeri Imam Bonjol Padang
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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TINJAUAN MASLAHAH TERHADAP POLITIK HUKUM PENETAPAN BATAS MINIMAL USIA PERKAWINAN DALAM UNDANG-UNDANG NOMOR 16 TAHUN 2019 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Efrinaldi Efrinaldi; Iim Fahimah; Shafra Shafra; Yusuf Ridho Billah; Andi Eka Putra
Ijtimaiyya: Jurnal Pengembangan Masyarakat Islam Vol 15, No 1 (2022): Ijtimaiyya : Jurnal Pengembangan Masyarakat Islam
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/ijpmi.v15i1.11778

Abstract

Law Number 16 of 2019 Amendments to Law Number 1 of 1974 concerning Marriage raise the minimum age for marriage for both men and women to be 19 years old. This was not just an equalization of the minimum age for men and women, but there were government legal politics to improve the quality of Indonesian marriages. The focus of this research was a review of the problems of the legal politics of the minimum age limit for marriage in Law Number 16 of 2019? This study concludes that the legal politics of determining the minimum age for marriage in Indonesia in the Law of the Republic of Indonesia Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage with the principles of equality and justice; non-discrimination; the state's obligation to actively protect and ensure the fulfillment of human rights and freedoms; the best interests of the child; the right to life which guarantees that every child has the right to live, develop and carry on their lives and the state was obliged to guarantee it and fulfill the rights of the child, respect for the opinion of the child; orderly and legally certainty; in line with maslahah which was the goal of Islamic law related to maintaining offspring (hifz an-nasl).
Review of Maqāsid al-Syarī'ah Concerning the Fulfillment of Child Rights Post-Divorce in Budi Aji Village, Simpang Pematang District, Mesuji Regency Rahmat Hidayat; Jayusman Jayusman; Efrinaldi Efrinaldi; Rita Sari
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1254

Abstract

Divorces is often lead to multiple violations of children's rights due to parental conflicts. Therefore, this research reviewed maqāsid al-syarī'ah on the fulfillment of children's rights after divorce in Budi Aji Village, Simpang Pematang District, Mesuji Regency. It was field research and employed a descriptive qualitative method. Data were gathered by observation, in-depth interviews, and documentation, and accompanied by inductive analysis. Subsequently, this research found that the fulfillment of children's rights following parental divorce in the village has been sub-optimal. The majority of fathers are unemployed and unable to fulfill their obligations of providing a living, attention, and affection for children. The contributing factor is the fathers’ irresponsibility, which impedes the achievement of maintenance benefits to the children’s life (hifz an-nafs). These findings may have implications for the need to increase the understanding of divorced parents regarding the fulfillment of children's rights and the importance of the role of the extended family in ensuring offspring are not neglected.
Dayn Dalam Perspektif Al-Qur’an: Analisis Terhadap Kitab Tafsir Al-Munir Karya Wahbah Zuhaili Nurmaiya Rahmi; Syafruddin Syafruddin; Efrinaldi Efrinaldi; Edriagus Saputra
Hikmah Vol. 19 No. 2 (2022): Juli-Dember 2022
Publisher : Sekolah Tinggi Agama Islam Sumatera Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53802/hikmah.v19i2.172

Abstract

This study aims to reveal the use of the concept of dayn in the Qur'an which is used by institutions today. This research uses a qualitative method with a library research model on the meaning of the dayn perspective of the Qur'an in the book Tafsir Al-Munir by Wahabh Zuhaili. This study uses the maudhu'i interpretation method by referring to the steps formulated by Dr. Zulheldi. M.Ag. The results of this study can be concluded that dayn in the Qur'an according to Wahbah az-Zuhaili in his commentary book on surah al-Baqarah 282, namely assets that are still in the status of not being handed over in its entirety to the rightful party. Both in the form of buying and selling, greetings, and accounts payable. Where the transaction is not carried out in cash. Then the contextualization of dayn in the greeting contract in the contemporary era among its forms, namely: the greeting contract in online applications. While the contextualization of dayn in the form of lending and borrowing in the contemporary era, namely borrowing and borrowing based on debt and credit technology is done online, borrowing money from moneylenders, borrowing money at banks, both Islamic banks and conventional banks, according to Wahbah az-Zuhaili, some are not. according to the guidance of the Qur'an.
REVEALING THE DILEMMA OF MARRIAGE DISPENSATION REGULATIONS IN INDONESIA Efrinaldi Efrinaldi; Jayusman Jayusman; M. Yenis
ADHKI: JOURNAL OF ISLAMIC FAMILY LAW Vol. 5 No. 1 (2023): Vol. 5, No. 1, Juni 2023
Publisher : Indonesian Association of Islamic Family Law Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37876/adhki.v5i1.113

Abstract

This article aims to reveal the regulation of marriage dispensation in Indonesia, which is regulated in Law No. 16 of 2019 concerning amendments to Law No.1 of 1974. Article 7 paragraph (2) states that if there is a deviation from the age provision, the parents of the man or woman can apply for marriage dispensation to the Court, for the sake of al-mashlahat. The focus of this research is how Islamic law analyzes the regulation of marriage dispensation in Law Number 16 of 2019. In this study, a normative legal research method is used, which is also called dogmatic legal research. The results show that Law No. 16/2019 brings the spirit of change regarding the regulation of marriage dispensation and the minimum age of marriage. In addition, Supreme Court Regulation No. 5 of 2019 is a special rule as a form of explanation of procedural law relating to marriage dispensation applications. In the perspective of Islamic Law, it brings al-mashlahat, with the regulation of marriage dispensation in certain circumstances. However, the minimum age of marriage in Islamic law is determined by ihtilam, rusyd, menstruation as physical signs and a certain age, which indicates maturity.
Revealing the Enforcement of Mbasuh Dusun Tradition for Pregnant Women Outside of Marriage in Indonesia Efrinaldi Efrinaldi; Jayusman Jayusman; Fatimah Fatimah; Rimanto Rimanto; Miti Yarmunida
AL-ISTINBATH : Jurnal Hukum Islam Vol 8, No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.8437

Abstract

This research aims to reveal the enforcement of the mbasuh dusun tradition in cases of pregnancy outside marriage in Bengkulu City, Indonesia. This type of research is field research. The nature of this research is descriptive analytic. Data collection techniques in this study used observation, interviews, and documentation. The data obtained was analyzed using descriptive qualitative methods to obtain conclusions and research findings. The result of this study is that: the implementation of the mbasuh dusun tradition is a customary sanction for pregnant women outside of marriage in Bengkulu City, as al-'urf al-shahih and has an effective impact. This mbasuh dusun tradition is carried out by slaughtering a goat, and the perpetrator must be present to be aware and must apologize. Then give charity  (and ask for prayers) at the place where the goat was slaughtered or outside the house. Unlike customary sanctions in other regions, the implementation of the mbasuh dusun tradition has a goal and purpose, so that the perpetrator is ashamed and does not repeat the act again, so that it can effectively reduce and even deter the perpetrator. The application of this customary sanction in the context of developing marriage law in Indonesia, it is necessary to review the legalization of marriage of pregnant women outside of marriage in the Compilation of Islamic Law (KHI), and it turns out that the provision of sanctions for pregnant women outside of marriage has a significant impact on creating a deterrent effect and bringing benefits to the community. 
Co-Authors Andi Eka Putra Fatimah Fatimah Iim Fahimah Jayusman Jayusman Jayusman M. Yenis Nurmaiya Rahmi Rahmat Hidayat Rimanto Rimanto Rita Sari Saputra, Edriagus Shafra Shafra Syafruddin Syafruddin Yarmunida, Miti Yusuf Ridho Billah