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All Journal Al-Ahkam Al-Manahij : Jurnal Kajian Hukum Islam Asian Journal of Law and Humanity
Nisa, Siti Maymanatun
Unknown Affiliation
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Fulfillment of Women's Constitutional Rights to Protection from Sexual Violence in University Nisa, Siti Maymanatun; Ibrahim, Maulana Hasan
Asian Journal of Law and Humanity Vol 4 No 1 (2024)
Publisher : Fakultas Syariah Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

Increasing awareness of the need to protect women's constitutional rights, especially in the context of preventing and handling sexual violence in higher education, is the subject of increasingly in-depth attention. This research aims to investigate the fulfillment of women's constitutional rights in terms of protection against sexual violence in higher education environments, with a focus on the K.H. State Islamic University. Abdurrahman Wahid Pekalongan as a case study. The research method used is empirical juridical with statutory, conceptual and case approaches. Data was collected through interviews with respondents and literature study. The results of this research show that cases of sexual violence that occurred at UIN K.H. Abdurrahman Wahid Pekalongan, there were 12 cases where the victims were predominantly women. UIN K.H. Abdurrahman Wahid Pekalongan has attempted to fulfill women's constitutional rights to protection from sexual violence, but there are still several factors that are obstacles. Patriarchal culture, negative assessments of cases of sexual violence, lack of budget, lack of socialization, and intervention or threats against victims are things that need to be considered in efforts to handle sexual violence in the campus environment.
Post-Divorce Rights of Women and Children in Pekalongan City, Central Java: Challenges in Islamic Law Analysis Syukrawati, Syukrawati; Sidqi, Imaro; Nisa, Siti Maymanatun; Zufriani, Zufriani; Witro, Doli
Al-Ahkam Vol 34, No 1 (2024): April
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2024.34.1.20624

Abstract

The rights of women and children after divorce are often neglected. The article examines the reality of children's and women's rights in Pekalongan City, Central Java, Indonesia, focusing on the causes of non-fulfillment and the legal consequences. Data from 10 court decisions from the Pekalongan City Religious Court revealed a gap between post-court decision reality and the fulfillment of these rights. The research found that the non-fulfillment of children's and women's rights after divorce in Pekalongan is due to a lack of public knowledge about post-divorce execution procedures and related rights. The difficulty of spouses in ensuring the fulfillment of these rights is also reflected in the lack of application of Islamic legal knowledge on the obligation to provide maintenance by husbands. The legal consequences are devastating, emphasizing the need for improvements in the legal system, increased public knowledge, and the application of Islamic legal principles.
From Text to Context: The Role of Kyai in Shaping Modern Islamic Inheritance Law Nur, Muhammad; Nisa, Siti Maymanatun; Arhamzah, Tashdieq Ulil Amri; Sidqi, Imaro; Witro, Doli
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v19i1.9762

Abstract

This study aims to analyse the reasons for applying modern Islamic inheritance law based on the ijtihad of Kyai and examine the construction of modern Islamic inheritance law developed in Kajen District. This study is an empirical legal study using a sociological approach to law. Data was obtained through in-depth interviews with Kyai, participatory observation, documentary studies, and Focus Group Discussions (FGD). This study shows that the development of modern Islamic inheritance law in the Muslim community of Kajen District is influenced by changes in mindset, attitudes, and social culture. Kyai has developed a legal construction of inheritance that combines local cultural values with contemporary Islamic principles through philosophical, juridical, and socio-cultural arguments. The three main provisions resulting from this ijtihad include: first, the expansion of the concept of substitute heirs, not limited to grandchildren but also including siblings and parents, even when the testator is still alive; second, equality in the distribution of inheritance between men and women; and third, the recognition of the right to maintenance and mandatory bequests for children born out of wedlock through the mechanism of substitute heirs. This research contributes academically by demonstrating that local traditions play a strategic role in shaping the pattern of Islamic inheritance law, ijtihad, thereby enriching the contemporary sociology of Islamic law.
Co-Authors Arhamzah, Tashdieq Ulil Amri Ibrahim, Maulana Hasan Muhammad Nur Sidqi, Imaro syukrawati, syukrawati Witro, Doli Zufriani, Zufriani