Religious Judges Research Articles

Peradilan Agama di Indonesia Pasca UU Nomor 50 Tahun 2009 Tentang Perubahan Kedua Atas UU Nomor 7 Tahun 1989

This research aims to reveal and analyze the existence of Religious Courts as a robust and equal branch of judicial power alongside other courts, as regulated by the Judicial Power Law. Religious courts are one of the judicial bodies exercising judicial power to enforce law and justice for people seeking justice in specific cases involving Muslims, particularly in matters of marriage, inheritance, wills, gifts, endowments, zakat, infak, alms, and sharia economy. The factors supporting the existence of religious courts are based on changes in Law Number 7 of 1989 to Law Number 3 of 2006 and Law Number 50 of 2009 concerning Religious Courts. With these changes, the institutional existence of Religious Courts has been strengthened as their adjudicative authority has been expanded, making their institutional presence as solid as other courts. This expanded authority elevates the status of Religious Courts as a medium for maintaining their institutional existence. The hindering factors include the limited physical and non-physical facilities, such as human resources (HR) that are not evenly distributed in quality and quantity within the Religious Courts, and the fact that many judges in the Religious Courts do not yet fully master civil law and civil procedural law. The amendment of Law Number 50 of 2009 brought significant changes to the judiciary in Indonesia, including changes in the position and authority of religious judges. The position of judges post-amendment of Law Number 50 of 2009 is regulated by the Supreme Court, in accordance with Law Number 48 of 2009 concerning Judicial Power, which places Religious Courts alongside other courts under the Supreme Court. Additionally, the Judicial Commission exists to uphold the honor, dignity, and conduct of judges, providing external oversight of judges.

Preventing Violations of Religious and Social Norms: Judicial Interpretation of 'Urgent Reasons' in Marriage Dispensation at the Wonosari Religious Court, Indonesia

Early marriage in Indonesia has garnered attention from international forums, urging the eradication of this practice to safeguard children’s rights. Despite national regulations raising the minimum age of marriage to 19 for both males and females, this practice persists due to legal loopholes allowing marriage dispensations granted by the court. Utilizing a socio-legal approach, this article analyzes 14 verdicts from the Wonosari Religious Court in 2022. The authors find that religious judges employ juridical, theological, psychological, and sociological argumentations in approving marriage dispensations based on three reasons presented by applicants. Among these reasons, two are granted not based on ‘urgent reasons’ but rather on interpretations of Islamic law and prevailing social norms. In-depth interviews with four religious judges handling these cases reveal variations in interpreting ‘urgent reasons’ in the context of marriage dispensations. The authors argue that the interpretation of ‘urgent reasons’ should prioritize the best interests of the child rather than merely considering potential violations of religious and social norms. This study provides profound insights into the dynamics of legal interpretation in the marriage dispensation decision-making process.

Conservatism on Islamic Legal Maxims: Judicial Interpretation of Polygamous Marriage at the Religious Courts of Mojokerto, Indonesia

This article explores religious judges’ interpretations of Islamic legal maxims through a content analysis of 30 verdicts that granted permission for husbands’ polygamous marriages issued by the Religious Court of Mojokerto in Indonesia from 2020 to 2022. Despite governmental efforts to restrict polygamous marriage practices due to potential negative consequences, religious judges often grant permission to husbands, considering a balance between maṣlaḥah (public good) and mafsadah (harm). Employing a normative-philosophical approach, this article identifies two recurring Islamic legal maxims consistently applied by judges: “dar’u al-mafāsid muqaddamun ‘alā jalb al-maṣāliḥ” and “idhā taʼārada mafṣadaṭānī rūʼiya aʼẓamuhumā ḍararan bi al-’irtikābi akhaffihimā.” However, their legal interpretations regarding maṣlaḥah and mafsadah reinforce the husband’s interest in the case of polygamous marriage. Thus, the authors argue that the interpretations of these legal maxims in practice reflect a conservative perspective that strengthens patriarchal hierarchies. These findings highlight that Islamic legal maxims as legal principles within Islam have not yet effectively functioned as an instrument of protection for vulnerable groups, especially women and children.

The Rights of an Apostate Wife Whom Her Husband Divorces Based On the Judgment of Islamic Religious Judges

This study aimed to analyze the rights of apostate wives divorced by their husbands, focusing on the Klaten Religious Court Number 0082/Pdt.G/2022 / PA decision. Klt. This study aims to fill the gap in Marriage Law No. 1 of 1974, revised into law No. 16 of 2019, and the compilation of Islamic law, which needs to provide detailed regulations on the legal consequences of post-divorce due to apostasy (riddah). This research uses normative juridical methodology (literature research) with a comparative approach to analyze the data. The study found that the decision of the Klaten Religious Court registered as 0082 / Pdt.G/2022 / PA. The Atos recognizes apostasy as one of the causes of the dissolution of marriage, as stated in the compilation of Islamic Law Article 114 reasons for the dissolution of marriage letter (h). The court granted the apostate wife the right to iddah and Mut'ah based on the Judge's view that apostasy could be grounds for marriage termination. As a result, the ex-wife has the right to apply for his rights. In conclusion, the decision of the Klaten Religious Court addressed the issue of the rights of apostate wives divorced by their husbands. However, it underscores the need for a more detailed and comprehensive legal framework to guide similar cases and protect the parties' rights. Tujuan dari penelitian ini adalah untuk menganalisis hak-hak istri murtad yang diceraikan oleh suaminya, dengan fokus pada keputusan Pengadilan Agama Klaten Nomor 0082/Pdt.G/2022/PA. Klt. Studi ini bertujuan untuk mengisi kesenjangan dalam Undang-Undang Perkawinan No. 1 Tahun 1974, yang direvisi menjadi Undang-Undang No. 16 Tahun 2019, dan Kompilasi Hukum Islam, yang tidak memberikan peraturan yang rinci mengenai konsekuensi hukum pasca perceraian karena apostasi (riddah). Penelitian ini menggunakan metodologi yuridis normatif (penelitian pustaka) dengan pendekatan komparatif untuk menganalisis data. Studi ini menemukan bahwa keputusan Pengadilan Agama Klaten yang terdaftar sebagai 0082/Pdt.G/2022/PA. Klt, mengakui apostasi sebagai salah satu penyebab pembubaran pernikahan, seperti yang dinyatakan dalam Kompilasi Hukum Islam Pasal 114 Alasan Pembubaran Pernikahan huruf (h). Pengadilan memberikan hak iddah dan mut'ah kepada istri murtad, berdasarkan pandangan Hakim bahwa apostasi dapat dianggap sebagai alasan pemutusan pernikahan. Akibatnya, mantan istri berhak untuk mengajukan hak-haknya. Kesimpulannya, keputusan Pengadilan Agama Klaten mengatasi masalah hak-hak istri murtad yang diceraikan oleh suaminya. Namun, hal tersebut menggarisbawahi kebutuhan kerangka hukum yang lebih rinci dan komprehensif untuk membimbing kasus serupa dan melindungi hak-hak para pihak yang terlibat dalam situasi seperti itu secara memadai.

A MODEL EVALUATION OF JUDGE PERFORMANCE THROUGH JOB SATISFACTION AND JOB MOTIVATION IN THE RELIGIOUS COURT OF WEST SUMATERA

A sustainable decline in judges’ performance is very risky for the future of justice, especially in the religious context. Therefore, the present study aims to evaluate religious judges’ performance by the impact of job satisfaction and job motivation. The questionnaires were distributed on two target criteria. They are 32 persons on each, so a total of 64 judges have participated. The questionnaire distribution process is online, then the feedback data is analyzed with the assistance of SPSS’s latest version. The result stated job satisfaction has no significant effects on judge performance, both mutation within province and inter-province. While job motivation has a significant effect on judge performance who have experienced mutation within and inter-province. These results suggest future research to investigate another factor that affects performance in the religious court because judge performance is really important to the effectiveness of religious courts.

Does Sharia Act as both a mediator and moderator in Salafi radicalism?

Salafi extremism, embraced by organizations such as the Islamic State, is a global religion-invoking phenomenon whose primary cause is not clearly elucidated in the literature. Unlike most existing models or explanations of terrorism that attempt to explain stages or factors associated with the radicalization of individuals, this study aims to identify the dominant causal pathway behind the onset of Salafi extremism. The independent and dependent variables and the variable associated with the causal pathway invoked here are public support levels for religious leaders as religious judges, the radical agenda they espouse, and the idea of Sharia as the law of the land, respectively. A linear regression analysis of the observational data from 20 nations revealed that the Sharia platform acts as both a causal mediator and moderator vis-à-vis the independent and dependent variables. The use of Kosovo as the control in this study minimizes or eliminates confounding bias, and the high magnitude of the computed coefficients of determination minimizes the contribution of any omitted variable. Thus, the preliminary conclusion is that the belief in Sharia as the law of the land, as advocated by religious leaders, provides the basis for radicalization and the emergence of Salafi jihadist groups.

The use of ex officio to fulfill women's post-divorce rights at the Samarinda Religious Court

Problems in fulfilling women's rights after divorce in Religious Courts still exist due to the weakness of supporting elements for the court decisions and their procedures, and obstacles from the ex-couples. Therefore, religious judges are expected to have sensitivity and support for women in making decisions with the value of justice, legal certainty, and benefit. This normative juridical study used statutory and conceptual approaches to explain the use of ex officio in fulfilling iddah and mut'ah living in the Samarinda Religious Court and its suitability to legal purposes. A literary study was done in collecting data by compiling secondary data related to the theme. Then, the data were analyzed using the qualitative descriptive method. Ex officio discourses and legal objectives theory were used to analyze the raised issues. Fulfilling iddah and mut'ah living through ex officio at the Samarinda Religious Court in talaq divorces refers to Supreme Court Regulation (PERMA) No. 3 of 2017, and Circular Letter of Supreme Court (SEMA) No. 1 of 2017. Meanwhile, the application of ex officio in lawsuit divorces refers to PERMA No. 3 of 2017 and SEMA No. 2 of 2019. The fulfillment of women's rights after divorce at the Religious Courts through ex officio aligns with legal objectives: legal certainty, justice, and benefit.

The Theme-Enablers Theory of Salafi Extremism

Salafi (Islamist) extremism, embraced by organizations such as the Islamic State, is a global phenomenon whose primary cause is not clearly elucidated in the literature. Unlike most existing models or explanations of terrorism that attempt to explain stages or factors associated with the radicalization of individuals, the proposed theory aims to identify the dominant causal pathway behind the onset of Salafi extremism. Kosovo was used as a control group to establish Saudi Arabia-originated Wahhabism’s dominance as a radicalization source. The theory’s independent, dependent, and causal variables are public support levels for religious leaders as religious judges, the radical agenda they espouse, and the idea of Sharia as the law of the land, respectively. For nearly 20 nations listed in a 2013 Pew survey report titled “The World’s Muslims: Religion, Politics and Society,” the computed coefficients of determination for the public support levels for religious leaders and a radical agenda, Sharia and religious leaders, and Sharia and a radical agenda, were 0.83, 0.85, and 0.86, respectively, using linear regression methodology. The belief in Sharia as the law of the land, as advocated by religious leaders, provides the basis for radicalization and the emergence of Salafi jihadist groups.

The Discourse and Practice of Islamic Family Law in Indonesia

Family law is the most powerful law practiced in Islamic history, but this does not mean that it avoids the demands of changing times. Today, there are no less than thirteen problems related to family law that have arisen in the Muslim world. This problem arises not only because of demands for changing times, but also because of efforts to unify, codify and legislate Islamic law in a number of Muslim countries. This problem requires not only solutions but also reforms. This study aims to examine the model of understanding, practicing, reforming and transforming Islamic law in Indonesia and its impact on the position of standard classical fiqh books and the independence of judges in the Religious Courts. This research is a non-doctrinal normative qualitative research type. This study found a variety of models in the exploration, practice and reform of family law in Indonesia. The impact of the reform and transformation of family law in Indonesia is that classical fiqh books are no longer used as the main reference and the Religious Court System is closer to the civil law system. However, the reform and transformation of family law in Indonesia did not reduce the independence of religious judges in exploring and discovering more contextual Islamic law.

Penerapan Mashlahah Mursalah Sebagai Pertimbangan Hakim Dalam Memutus Perkara di Pengadilan Agama

The use of mashlahah mursalah as a basis for legal determination among ulama is still disputed until it is divided into two groups, namely the group that uses mashlahah mursalah and the group that does not use mashlahah mursalah, but the difference of opinion has no effect on religious judges in Indonesia, because there are several decisions of religious judges. Applying mashlahah mursalah as a basis for consideration in his decision. This is as stated in the decision of the Jambi Religious Court judge in the Divorce Case Number 634 / Pdt.G / 2019 / PA.Jmb, Marriage Dispensation Number 40 / Pdt.P / 2020 / PA.Jmb, and Isbat Nikah Number 14 / Pdt. P / 2017 / PA.Jmb. This is based on several legal considerations, namely first, using mashlahah mursalah as argument and legal reasoning based on evidence and facts in court. Second, avoiding the harm that seekers of justice are facing with the aim of achieving the essence of sharia, namely protecting religion, soul, mind, descent and property.

‘Where Only Women May Judge’: Developing Gender-Just Islamic Laws in India’s All-Female ‘Sharī‘ah Courts’

AbstractOver the last four years, India has become the centre for a major experiment in the implementation of a so-called ‘gender-just Islam’ by Islamic feminist organisations: the formation of a non-official, female-led sharī‘ah court network, within which women serve as qāẓīs (religious judges) to adjudicate disputes within Muslim families. Pre­senting themselves as counterweights to more patriarchal legal bodies, including both the official judiciary and unofficial dispute resolution forums, these sharī‘ah ‘adālats employ both state-centred and community-focused strategies to assist Muslim women experiencing marital or family-related strife. Based on interviews with female qāẓīs and associated documentary sources, I examine how the women who run these courts adjudicate family conflicts according to what they understand as both the Qur’an’s ethical teachings, and its stipulations regarding the proper methods of dispute resolution. I also argue that these all-female sharī‘ah ‘adālats reflect a shift of focus away from court litigation and legislative intervention, and towards non-state, arbitration-focused practices, as the most fruitful means to protect the needs of Muslim women in contemporary India.

HAK DAN KEDUDUKAN CUCU SEBAGAI AHLI WARIS PENGGANTI DALAM SISTEM PEMBAGIAN WARIS DITINJAU DARI HUKUM WARIS ISLAM DAN KOMPILASI HUKUM ISLAM

Inheritance law is a part of civil law and is part of family law in particular. Inheritance law is closely related to human life, because every human being will experience a legal event, namely death. These legal events will cause legal consequences regarding the continuation of the rights and obligations of a person who has died and also in relation to his family or other people who have rights to their property. The purpose of this research is to know and understand the rights and position of grandchildren in the system of replacing the heirs in Islamic Inheritance Law and Compilation of Islamic Law and to know and understand the legal protection of grandchildren as heirs in the Islamic Inheritance Law and Compilation of Islamic Law. Based on the research, it can be concluded that the position of grandchild as a substitute heir in Islamic inheritance law is not listed in the Al-Quran and Hadith, only recognized through the Ijtihad conducted by the scholars. But in the Islamic Law Compilation the existence of grandchildren is recognized as a substitute for the parents who have died beforehand from the heirs and legal protection against grandchildren as successor heirs through the Compilation of Islamic Law which gives recognition of the position of substitute heirs through confirmation of the existence of heirs substitutes get full legalization where the provisions are not contained in the classic Islamic inheritance law. In addition, most Religious Judges in considering their decisions in terms of inheritance also see the arrangements contained in the Compilation of Islamic Law as a guide.

The Authority Of Regional Government Of Formation Regional Regulation (Perda) Shari'a

The study, the Authority of regional government Formation of Regional Regulation (Perda) shari'a aims to assess four legal issues, namely: (1) Establish a Regional Authority Perda Syariah; (2) The criteria of Shariah legislation; (3) The procedure of Legislative Shari'ah; (4) Testing Regulation to shariah. This research is normative by using several approaches, namely: (a) Conceptual Approach (Conceptuan aproach); (B) Approaches Legislation (Statute aproach); and (c) Approach the case (Case aproach). The results of this study are expected bermenfaat either for the development of Science and to assist practitioners in the formation of legislation. The research results are as follows: (1) The Regional Authority to establish Sharia legislation can be found in several laws and regulations, both in the Constitution and in the implementation of such rules in the Act; (2) Criteria Sharia legislation is contained in the contents that are based on the values and teachings of Islam; (3) Procedures establishment of sharia in praktinya regulations following the establishment of regulations in general; (4) review of sharia regional regulation also follow the testing procedures and legislation in general. Forward suggest that the process of formation of Perda Syariah scholars to enroll in the area at least in the process of forming draft local regulations. Similarly, in the process of judicial review and evaluation should be based on the sources of Islamic law and involves an element of religious leaders and religious judges.

Assimilation for Muslims and Jews?

Assimilation for Muslims and Jews?

Shlomo Simonsohn: The Jews in Sicily. Volume 15: Notaries of Trapani. A Documentary History of the Jews in Italy

The presence of an accurate index of people and locations, together with a glossary of Sicilian terms and a bibliography, makes the consultation particularly simple for the researcher. The indexation by subject matter makes the work completely accessible even to the less experienced. Despite the extremely schematic nature of many of the documents contained in the notaries' registers, it is still possible to capture some peculiar communal and personal moments in the life of the Jews of Trapani. We can clearly distinguish the existence of social classes within the community, with the presence of a number of wealthy merchant families, financial and administrative elites (or maggiorenti), together with communal religious leaders {prothi), on one hand (10101-02), and of common people, committed to artisan work, on the other. The latter are sometimes referred to in the vernacular as "inferiuri" or inferior in the social hierarchy, without much further elaboration. Numerous are the cases of complaints against powerful family groups within the Jewish community for financial vexations imposed on economically weaker members or against religious judges, considered as too partial. Members of powerful families, like the Salas, tried in a number of occasions to take advantage of their position to evade taxation. Consequently, complaints were filed by Jewish communal leaders to the royal court, seeking authorization to excommunicate them, prohibit the circumcision of their