Conflict, Traditional, and Family Resistance: The pattern of Dispute Resolution in Acehnese Community According to Islamic Law

Djawas, Mursyid; Samad, Sri Astuti A.

doi:10.22373/sjhk.v4i1.5271

Cited by 5 publications

(5 citation statements)

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“…Village officials can partake in helping to resolve family disputes through customary or 'urf mechanisms so that disputes can be avoided. 20 Various efforts have been made by the Indonesian government to create family resilience while suppressing high divorce rates.…”

Section: Discussion and Results Definition And Coverage Of Family Res...mentioning

confidence: 99%

Creating Family Resilience in Indonesia: A Study of “Marriage Guidance” Program in Aceh and South Sumatera

Djawas

Nadhiran

Samad

et al. 2022

Al-Ihkam J. Huk. dan Pranata Sos

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Indonesia still experiences the increasing of divorce rates. To address this issue, the government through the Ministry of Religious Affairs has carried out several strategic programs, including Bimbingan Perkawinan (Marriage Guidance). The study of this paper examines the influence of the program on family resilience in the provinces of Aceh and South Sumatra. It used the normative approach in sociological studies. Data were collected by means of interviews, document studies, and questionnaires. The results of the study by referring to the questionnaire and interview show that the program in Aceh and South Sumatra has been running well. However, it has not been able to create family resilience and the divorce rate still keeps increasing. It is expected that post-marriage counseling should also be conducted so that married couples can establish family resilience as aspired within the community and country.

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Section: Discussion and Results Definition And Coverage Of Family Res...mentioning

confidence: 99%

Creating Family Resilience in Indonesia: A Study of “Marriage Guidance” Program in Aceh and South Sumatera

Djawas

Nadhiran

Samad

et al. 2022

Al-Ihkam J. Huk. dan Pranata Sos

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“…In the past, the mother and the mother were the nieces and nephews of Ninik and her sister. According to Minangkabau custom, the holder of property is practically a woman because in the hands of a centralized matrilineal family (Djawas & Samad, 2020).…”

Section: Minangkabau Customary Inheritance Law and Matrilineal Systemmentioning

confidence: 99%

The Inheritance of Property and the Position of Sons in Accordance with the Matrilinial System in the Minangkabau Indigenous People and Its Relationship with the Rules of al-Adah Muhakkamah

Syafira,

Habibi

2023

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Inheritance according to Islamic law regulates the principles of inheritance, terms and pillars of inheritance, heirs, and arrangements regarding the amount of inheritance received by heirs. Fundamentally related to inheritance matters have been regulated in Islamic law, but in reality not all Muslims share the inheritance with reference to the provisions regarding the distribution of inheritance in the fiqh Mawaris. Customs and habits that grow in a person's social environment, become the reason that person is bound by a law. Such as Minangkabau customary inheritance law is one area that still uses customary law as a reference for the division of inheritance. The matrilineal inheritance distribution system makes the position of the woman's party higher in terms of inheritance portion than the male's. Whereas in the syar'i texts and in what has been taught the portion of men is twice as large as women. The acceptance of custom or urf as a proposition is a form of Islamic law's attention to the customs that apply in society. Meanwhile, related to the rule of al-adah muhakkamah with custom or urf there is a dispute with the syar'i text. This journal writing method uses a normative juridical type of writing, which is a research method that uses studies and explanations in laws and materials that contain law to regulate the legal issues studied.

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“…Because family conflicts in Aceh are also often resolved by deliberation at gampong officials with reference to Islamic customs and law. If the peace has not been found, only then will the case be resolved at the sharia court (Djawas and Samad, 2020). There is a need for changes and improvements, especially by adding legal sanctions to fathers who do not provide support for their children.…”

Section: Legal Benefits: H} Ad} āNah Conflict Resolution In Acehmentioning

confidence: 99%

Ḥaḍānah conflict resolution through litigation: analysis of sharia court decisions in Aceh

Khoiri¹,

Nasution

2022

Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan

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This research aims to analyze the resolution of ḥaḍānah conflicts through litigation, specifically the decisions of the Sharia Court in Aceh regarding child custody (ḥaḍānah) to find legal certainty. This research uses a normative-empirical type of research by integrating normative law and empirical law. Normative legal analysis is carried out by examining library archives or secondary data. This research uses laws and judges' decisions in ḥaḍānah cases at the Aceh Syariah Courts. The instruments used in collecting data are observation, interviews, and documents or literature studies. To obtain research data on the number of ḥaḍānah cases that were filed separately at the Sharia Court, the article draws on existing decisions starting from 2016-2021. In this research, 5 (five) Sharia Courts were taken as research samples with 32 ḥaḍānah cases, particularly the Sharia Courts in Langsa, Kuala Simpang, Idi, Jantho, and Takengon. The research applies the theory of legal objectives according to Gustav Radbruch: legal certainty, justice, and expediency. The research shows that legal certainty through the decision of the Sharia Court has been realized. However, this has not provided justice for children because many defendants have not complied with court decisions, especially the surrender of child custody according to court decisions and payment of monthly child support according to what has been decided by the court. Hence, the benefits of the court decisions on the ḥaḍānah case are still not maximized. The solution is to formulate a law that is capable of providing a deterrent effect for defendants unwilling to fulfill court compliance.

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Conflict, Traditional, and Family Resistance: The pattern of Dispute Resolution in Acehnese Community According to Islamic Law

Cited by 5 publications

References 0 publications

Creating Family Resilience in Indonesia: A Study of “Marriage Guidance” Program in Aceh and South Sumatera

Creating Family Resilience in Indonesia: A Study of “Marriage Guidance” Program in Aceh and South Sumatera

The Inheritance of Property and the Position of Sons in Accordance with the Matrilinial System in the Minangkabau Indigenous People and Its Relationship with the Rules of al-Adah Muhakkamah

Ḥaḍānah conflict resolution through litigation: analysis of sharia court decisions in Aceh

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