This article examines the fulfillment of the civil rights of extramarital children which has become a controversy since the issuance of the Constitutional Court decision no. 46/PUU-VIII/2010, which is considered as a progressive and responsive measure to guarantee children's rights. However, the content of this decision is considered to violate Islamic norms in giving family lineage to extramarital children for it will create a stigma that one does not need a sacred marriage institution if he only wants to establish a civil or lineage relationship with his biological father; instead, it only requires evidence based on science and technology or others in court. This article answers the questions of how to interpret the concept of the civil rights of extramarital children to avoid conflicts with Islamic norms and what are the philosophical and sociological benefits of fulfilling civil rights for extramarital children. This study is qualitative in nature. It is focused more on conceptual ideas based on library research using conceptual and case approaches. It was found that (1) the civil rights of extramarital children are not a lineage right but compensation from their biological father as a form of moral responsibility; (2) philosophically, the civil rights of extramarital children are to fulfill the value of social justice which is distributive and, sociologically, these rights create a prosperous social condition for society by fulfilling the civil rights of the next generation of the nation covering their physical, mental, spiritual, and intellectual needs.
Fulfilment of children's alimentation right is a medium to apply the vision of marriage that functions actively-offensively protecting generation (ḥifẓ an-nasl). However, there are still many cases neglecting children's alimentation right in marriage or after divorce. This is due to some understanding of the classical mazhab of fiqh that children's alimentation right not be a father's debt, the obligation of child's alimentation expired if not given in the past and because also the people assume that the husband's obligation to give a child's alimentation only occurs when there is still a marriage.So that when the divorce happens it means the obligation of a child's alimentation has ended by the father to his child. from this legal problem, the author wants to examine how the juridical-normative rules for granting children's alimentation right and the sanctions if father ignore the children's alimentation right? This study uses a comparison method between Fiqh and the Act in Indonesia. The result is the Act and Fiqh have governed the procedures for granting children's alimentation right. However, sanctions governing neglect of granting children's alimentation right in fiqh are only found in the mazhab Hanafi, but in the Act found strict sanctions as a preventive measure and as well as a deterrent effect, so that a person does not neglect children's alimentation right
Formulating the fixed methodology for determining the beginning of Ramadan month and Islamic Feast in Indonesia is still ongoing. This article attempts to offer an integration between sharia and scientific views through 1) the concept of shahadah (witnessing) in the paradigm of fiqh and astronomy, and 2) the integration of those paradigms in determining the beginning of lunar months, particularly Ramadan and Syawal. This study uses qualitative methods in gaining the data then analyzes it using the approach of Miles & Huberman on interdisciplinary study. The findings of this research are as follows: 1) the concept of shahadah in the paradigm of fiqh is based on religious vows and factual evidence, while the astronomical paradigm perceives it from the certainty of external factors (weather, climate, environment, etc.). 2) Integration of those two paradigms results in better methods. It can turn the shahadah into the quality of qat'i (fixed) while the astronomic perspective gains more legitimacy. The integration is therefore called shahadah-'ilmi which potentially integrates the criteria of crescent visibility (imkan al-rukyah) in Indonesia to minimize the common occurrence on differences in determining those days. (Penetapan awal bulan Ramadhan dan Hari Raya di Indonesia masih terus dirumuskan metodologinya. Artikel ini menawarkan integrasi antara sudut pandang syari’ah dan saintifik melalui kajian atas 1) konsep syahadah dalam paradigma fiqh dan astronomi, 2) integrasi paradigma fiqh dan astronomi dalam menetapkan awal bulan Islam, utamanya Ramadhan dan Syawal. Penelitian ini menggali data dengan metode kualitatif kemudian menganalisisnya dengan pendekatan Miles & Huberman tentang kajian interdisipliner. Temuan penelitian ini adalah sebagai berikut: 1) Konsep shahadah dalam paradigma fiqh adalah penglihatan yang disertai dengan sumpah dan bukti faktual, sementara dalam paradigma astronomi, shahadah didasarkan pada kepastian ukuran dari faktor–faktor eksternal meliputi cuaca, iklim dan lingkungan. 2) Integrasi dua paradigma tersebut menghasilkan metode yang lebih baik dalam penentuan awal Ramadhan dan Syawal. Shahadah dalam sudut pandang fiqh berubah menjadi qath’i (pasti), sementara hasil persaksian astronomi semakin memperoleh legitimasi. Integrasi kedua paradigma melahirkan konsep shahadah-'ilmi yang dapat digunakan untuk menentukan tampaknya hilal (rukyah hilal) awal Ramadhan dan Syawal di Indonesia sehingga perbedaan yang kerap terjadi dalam menentukan dua awal bulan tersebut dapat diminalisir.)
Human rights enforcement, especially in the aspect of religious freedom in Indonesia, is still unsolved. Violence involving conflicts among religious followers still occurs. It shows that the space for religious freedom is still a critical problem in this country. Indonesia is a multi-cultural country, but a narrow understanding makes plurality the root of hatred and anger. Indeed, diversity will contribute to national development, but on the other hand, it can also trigger horizontal conflicts. This article will unravel the problems that cause religious intolerance and how to overcome the mushrooming of radicalism. This article is qualitative-based research. The data were collected from the library study. The acts of violence caused by wrong religious understanding were analyzed from the Human Rights enforcement, Islamic theology, and socio-juridical viewpoints so that alternative solutions for acts of violence occurring in society, especially among Muslims, can be settled. This study finds that tolerance has its foundations in both religion and positive law in Indonesia. Therefore, any intolerance has no basis, and it will only worsen the image of Islam and make people unsympathetic to religion.
Divorce is the case most frequently submitted to the Religious Courts in Indonesia. This paper discusses how the divorce initiative has implications for the wife's right to post-divorce income. There are differences regarding the wife's right to post-divorce income based on who took the initiative to file for the divorce. In a divorce on the husband's initiative, based on the Compilation of Islamic Law, the husband is obliged to provide the wife's rights in the form of post-divorce income. Whereas for the divorce initiative originating from the wife, there is no obligation for the husband to give the wife the right to post-divorce income. Legal progressiveness emerges and provides new hope in reforming Islamic family law in Indonesia by punishing husbands to pay for their wives' rights to post-divorce income in divorce cases on the wife's initiative, namely; Jurisprudence of the Supreme Court of the Republic of Indonesia number 137/K/AG/2007, Book II of Guidelines for the Implementation of Duties and Administration of the Religious Courts, Supreme Court Regulation Number 3 of 2017, Circular of the Supreme Court Number 2 of 2019 which are in accordance with the principles of benefit, certainty and legal justice.
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