AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam

Gender Justice in Saudi Arabia: Sociotechnical Institutions' Approach to Addressing Domestic Violence Against Women and Men

Layla Abdullah Noor — 2024-08-24

The aim of this research is to determine the effectiveness of a sociotechnical institutional approach in overcoming domestic violence against women and men in Saudi Arabia with a focus on achieving gender justice. This research uses an extensive literature review method by examining scientific literature, official documents, and reports from various sources to gain an in-depth understanding of this problem. This analysis involves a synthesis of literature findings to understand the dynamics of domestic violence and the effectiveness of sociotechnical strategies in promoting gender justice in Saudi Arabia. The research results show that domestic violence is a global phenomenon that is understood and handled with different approaches from Islamic, Feminist and Western perspectives. The Islamic perspective emphasizes the values of justice, respect and reconciliation in marital relations, as well as fighting for women's rights and opposing violence within the framework of religious teachings. Feminist approaches, particularly in Western contexts, highlight gender-based power dynamics and urge to address inequality as a root cause of domestic violence. In addition, the family violence perspective and ecological violence theory offer a broader view of this issue. In Saudi Arabia, the role of sociotechnical institutions is very important in overcoming the problem of domestic violence. A multidisciplinary approach that includes technology, legal reform, education, and community support contributes to creating a safer and more supportive environment for women. This research concludes that a sociotechnical institutional approach can be an effective strategy in achieving gender justice and reducing domestic violence in Saudi Arabia.

Going Further in Combating Transnational Bribery: Voluntary Disclosure and Federal Transparency in America's Foreign Corrupt Practices Laws

Daniel Andrew Joseph — 2024-08-24

The purpose of this research is to analyze the role of incentives and mitigation strategies related to voluntary reporting in enforcing anti-corruption laws, especially in the context of the Foreign Corrupt Practices Act (FCPA) in the United States. This study shows that voluntary disclosures made by companies in anti-corruption law enforcement, based on an in-depth literature review, play an important role in facilitating effective collaboration between business and government entities. This study shows that voluntary disclosures made by companies in anti-corruption law enforcement, based on an in-depth literature review, play an important role in facilitating effective collaboration between business and government entities. A company's decision to voluntarily report Foreign Corrupt Practices Act (FCPA) violations is a complex strategic move influenced by legal incentives, cost-benefit calculations, reputational risks, and financial impacts. Further research is needed regarding longitudinal studies to examine the long-term impact of voluntary reporting on corporate reputation and financial performance. This research underscores the importance of this study and its relevance in a global context that increasingly demands corporate transparency and accountability.

Marriage Agreement on Common Property in Marriage (Comparative Study of Indonesia and The United States)

Wiwid Putri Handayani — 2024-08-26

This article compares Indonesia and the United States to discuss a prenuptial agreement for joint marital assets. Indonesia adheres to a civil law legal system by basing prenuptial agreement on Article 29 of the Marriage Law. Meanwhile, the United States, which adheres to a standard legal system, implements the Uniform Premarital and Marital Agreements Act (UPMAA). The research method used in this writing is legal research with a statutory approach and a comparative approach. The results of this research are the reasons for making a prenuptial agreement, among others, because the agreement will facilitate the division of assets, which will benefit both parties in the event of a divorce and as a step to prevent conflicts from arising in the future. The difference between prenuptial agreements between Indonesia and the United States is that for prenuptial agreements in Indonesia, each couple can freely determine the contents of the prenuptial agreement as long as it does not conflict with law, religion, decency, decency, or public order. Meanwhile, in the United States, each couple has specific restrictions regarding what can and cannot be written in the prenuptial agreement. So, freedom in making prenuptial agreements is still bound and limited to specific points.

Community Understanding of Obligations as a Recipient of PKH Assistance in the Perspective of Islamic Law

Syaflin Halim — 2024-08-26

Understanding the obligations of PKH recipients helps the community understand that the assistance received must be used wisely and follow the program's objectives. Communities that understand the importance of good management will be more likely to use the assistance to improve family welfare, such as meeting basic needs, getting proper education, or developing economic skills. This study delved into the community's comprehension of the obligations of PKH recipients within the framework of Islamic law. Employing qualitative research methods, data collection encompassed in-depth interviews, observations, and documentation. Analysis indicated that most PKH beneficiaries grasp their responsibilities and strive to adhere to governmental directives. However, the involvement of religious leaders, though minimal, predominantly entails disseminating general religious messages. Specific initiatives to educate beneficiaries on their obligations within Islamic law are noticeably absent. Nevertheless, the PKH program aligns with the principles of maqashid al-shari'ah, safeguarding core aspects of faith, health, education, and property. Facilitating access to essential services fosters the well-being and advancement of marginalized individuals.

Obstacles to Law Enforcement: The Use of Out-of-Court Resolutions in Domestic Violence and Abuse Cases in the United Kingdom

Amelia Jane Eleanor — 2024-08-26

This research aims to examine the impact and effectiveness of the use of out-of-court resolution in cases of violence and domestic abuse in the UK and the implications for justice and victim protection. The research method uses a comprehensive literature review, varied data sources, and appropriate data collection and analysis techniques. This research involved the use of Freedom of Information Requests, interviews with experts, and qualitative and quantitative analysis to understand the use of out-of-court resolutions in cases of domestic violence and abuse in the UK. The result of this research is an in-depth study of the problem of domestic violence in the UK, which outlines the various forms of detrimental behavior that occur and the challenges faced in law enforcement. For example, Physical violence and emotional abuse are often interrelated, thus eroding the victim's self-confidence and leaving deep emotional wounds. By considering the concepts of restorative justice and community healing, this research highlights the complexity of handling domestic violence cases and the need for a thoughtful approach. Although there is healing potential in alternative approaches, criticism of their implementation emphasizes the need to consider the gender and power dynamics underlying violence.

Implications Emergence Platform Tiktok Shop Against Regulations Trade in Indonesia (Analysis of Minister of Trade Regulation No.31 of 2023)

Siti Aisyah Pohan — 2024-08-30

The rapid development of technology has significantly impacted various aspects of human life, one of which is TikTok Shop, a social trading platform in Indonesia that has triggered legal issues and disrupted the e-commerce landscape. This research explores the analysis of Permendag No. 31 of 2023 concerning trade regulations in Indonesia. The method used in this study is a qualitative research method that analyzes the regulations issued by the Minister of Trade, alongside several journals that form the basis of the research. The data in this research article identifies the main legal issues contributing to the platform, including legal protection provided to MSMEs, taxation issues, and the regulations of the Minister of Trade. The results of this research indicate that electronic commerce business actors intending to provide services using an electronic system must register and apply for a commercial transaction permit via the electronic system. One of the government's primary objectives in requiring e-commerce players to register with the electronic system is to protect all stakeholders, including economic actors and consumers. The TikTok Shop feature is one of the reasons the Minister of Trade issued this regulation, as it does not yet have official permission to operate as an e-commerce platform. By complying with existing regulations, the business community can take advantage of the opportunities offered by the e-commerce ecosystem and contribute to building a fair and legal digital business environment.

Juridical Review of Inconsistency in The Implementation of Nafkah Iddah in Religious Court Rulings

Widya Pratiwi — 2024-09-05

In divorce cases involving talak ba'in sughra, providing iddah maintenance for ex-wives is still a controversial issue in legal practice. SEMA Number 2 of 2019 emphasizes that even if a wife is divorced through talak ba'in, she is entitled to iddah maintenance by prioritizing humanitarian considerations. However, irregularities arose due to differences in interpretation among judges, some of whom adhered firmly to Article 149 letter B and Article 119 of the Compilation of Islamic Law, which stipulates that a divorced wife is not entitled to iddah maintenance. This inconsistency results in wives' rights not being enforced evenly, thus compromising justice. This research uses normative juridical methods to analyze the application of law and legal interpretation regarding maintaining iddah. This underlines the critical role of the judge in determining the extent of the wife's right to iddah maintenance after divorce. To reduce this gap, there is an urgent need for the Supreme Court and high courts to align their interpretations. Achieving consensus regarding the implementation of SEMA Number 2 of 2019 across all judicial bodies will ensure consistent and fair treatment of wives who earn iddah income, align legal practices with humanitarian principles, and safeguard women's rights in the divorce process.

The League of Imams and Alphas in Yorubaland, Edo, and the Delta (Rābiṭah): The Journey So Far

Akeem A. Akanni — 2024-11-21

The southwestern region of Nigeria, primarily inhabited by the Yoruba people, has a significant Muslim population with a rich history dating back centuries. The establishment of mosques and the spread of Islam in the region was a gradual process that led to the formation of the League of Imams and Alfa in Yorubaland, Edo, and Delta (RābiTah) in 1962. This research examines the history, role, and challenges faced by the RābiTah in advance the interests of Muslims in the region. The research method used is a doctrinal approach with qualitative methods to collect and analyze information related to RābiTah. The study found that, over the years, RābiTah has achieved essential accomplishments such as becoming a respected regional Muslim league, holding annual meetings, resolving disputes, and providing awards to deserving individuals. However, the RābiTah also faced challenges, including encroachments on the Imam's authority, tribalism, political interference, and disputes among the ulama. Additionally, preferences for foreign religious rules and divisions among native clerics posed obstacles to RābiTah's goals. The implications of these findings suggest that to overcome these challenges and achieve its goals, RābiTah must prioritize unity among ulema, establish a governing body for Islamic teachings, learn from international Islamic organizations, advocate for the welfare of Imams, and increase public visibility through educational programs and outreach activities. Hopefully, these recommendations will help Rābitah strengthen its role and contribution to Muslims in the southwest region of Nigeria.

Juridical Analysis of Directors Who Hold Concurrent Positions in Limited Liability Companies

Irsan Rahman — 2024-11-21

The practice of concurrent positions carried out by the Board of Directors in the management of a PT does not yet have a legal basis regulated explicitly in Law Number 40 of 2007 concerning Limited Liability Companies (UUPT). Concurrent positions lead to legal loopholes that can cause potential losses to the company. This research aims to analyze the practice's suitability with the law's provisions and compare it with policies in the United States. This research uses a normative method with conceptual and statutory approaches and secondary data from relevant regulations. The results show that concurrent positions can cause conflicts of interest, weaken management, and undermine corporate governance. Legislation changes are needed in Indonesia to limit the number of positions a director can hold and impose more severe sanctions for violators. In conclusion, a law revision is needed to strengthen the regulation of concurrent positions to promote better corporate governance.

Promoting Inclusivity and Multiculturalism: The Role of Muslim Scholars in Cape Town's Community Peacebuilding

Tawffeek Mohammed — 2024-12-14

Religion plays a significant role in conflict prevention and peacebuilding, as demonstrated during the July 2021 riots in South Africa, when religious leaders actively contributed to reducing violence, particularly in KwaZulu-Natal. This study investigates the responses of Cape Town Muslim clerics and imams to the crisis through their sermons, focusing on their contributions to South Africa’s peacebuilding initiatives and the promotion of multiculturalism. Specifically, this study examines the Friday Nasiha (advice sermon) titled “Prayer Reflections on the Political Crisis of Our Country”, delivered by Imam Rashied Omer on Friday, 30 July 2021 (19 Dhul-Hijjah 1442) at the Claremont Main Road Mosque in Cape Town. Nasiha is analyzed within the framework of maqāṣid al-Sharīʿah (objectives of Islamic law) to evaluate its role in advancing peacebuilding efforts during the July 2021 unrest. Qualitative thematic analysis is used to explain how Islamic principles such as zakat (almsgiving) and ṣadaqah (charitable giving) address immediate socio-economic challenges and long-term structural justice. The findings underscore the role of religious leaders in times of conflict. The study concludes that Islamic teachings, when effectively applied in crisis situations, can significantly enhance peacebuilding efforts and support structural reforms in diverse societies.

Reinterpreting Constitutional Law through the Lens of Islamic Sufism: A Theosophical Approach to Governance and Legal Principles

Bijan Bidabad — 2024-12-14

The fundamental principles of constitutional law are outlined concisely, though they are reinterpreted in this work through the philosophical lens of Sufism. While these principles are traditionally embedded in constitutional texts, they are reconceptualised here based on Sufi thought. Key concepts such as popular sovereignty, limitations on power, accountability of the governing bodies, separation and independence of powers, power equilibrium, central authority supremacy, transparency in governance, adherence to legal norms, and the mechanisms of checks and balances are critically examined. This study investigates the theoretical underpinnings of constitutional law from the theosophical and mystical perspectives of Islamic Sufism. By introducing ten foundational principles, the research aims to establish a robust framework for formulating and enhancing constitutional systems. Comparative analyses with Gnostic traditions from other religions could provide further insights. These principles offer valuable perspectives for academic discourse and have practical implications for advancing constitutional law and its reinterpretation. The inherent subtlety, sincerity, and ethical depth of Islamic Sufism provide a compelling perspective that may intrigue legal scholars and researchers. Despite its richness, the Sufi viewpoint still needs to be explored within public law studies. This paper introduces a novel and intellectually stimulating domain, inviting further scholarly inquiry.

Sulh (Resolution) of Family Dispute and its Application in The Shariah Courts of Malaysia

Norfatin Najwa Binti Che Adnan — 2024-12-14

The resolution of family disputes through Sulh in Malaysia's Shariah courts represents a pivotal area of research that promotes peaceful conflict resolution, preserves familial bonds, and aligns with Islamic teachings and legal principles. This study examines the effectiveness of Sulh as an alternative dispute resolution (ADR) mechanism, emphasizing its capacity to address family conflicts in a culturally sensitive manner. By analyzing data from the Shariah Judiciary Department of Malaysia, which reported a considerable number of successfully resolved Sulh cases in 2021, the research underscores its role in expediting resolutions and alleviating case backlogs in Shariah courts. While Sulh demonstrates notable successes, public confidence in it remains limited compared to traditional litigation methods. The study seeks to identify factors contributing to the success of Sulh, proposing strategies to enhance its accessibility, transparency, and fairness. By offering actionable insights for policymakers, legal practitioners, and court administrators, this research aims to strengthen the Shariah court system's capacity to deliver justice efficiently, foster amicable agreements, and reduce the burden of extended litigation. Furthermore, the findings provide a foundation for legislative and legal reforms, including the development of comprehensive laws, guidelines, and training programs tailored to Sulh procedures. Ultimately, this research aspires to elevate public awareness and acceptance of Sulh as an effective ADR mechanism within the Islamic legal framework, promoting its broader adoption and understanding among Malaysians.

Model of Swamp and Peat Area Protection Policy Based on Justice and Local Community Empowerment

Taufik Wijoseno — 2024-12-31

Peatland management in Kutai Kartanegara faces major challenges, especially due to the expansion of the coal mining industry. Regional Regulation No. 1 of 2016 is designed to protect peat swamp ecosystems and support the welfare of local communities, but its effectiveness is questionable amid the rapid exploitation of natural resources. This study aims to evaluate the effectiveness of the 2016 Regional Regulation in maintaining ecological and social balance through normative juridical law analysis that includes related laws and John Rawls' distributive justice theory approach. The Normative Juridical Citation Method and data are collected from primary legal sources, including Law Number 26 of 2007 concerning Spatial Planning, Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining, as well as Kutai Kartanegara Regional Regulation Number 1 of 2016 itself and secondary legal sources in the form of relevant literature, such as books, journals, articles and internet sources as well as mass media, both print and online and allow data triangulation to be carried out. The study results show that weak supervision and the absence of strict sanctions for mining companies hinder the optimal implementation of the Regional Regulation, causing adverse impacts on the environment and community welfare. The analysis shows that these regulations are not entirely fair to local communities that are vulnerable to the negative impacts of the mining industry. This study recommends the revision of the Regional Regulation to add strict environmental sanctions provisions and strengthen community participation in peatland management to achieve ecological justice that is in line with regional economic development.