This study aims to conduct an in-depth analysis of the discretion of judges at the Kotobaru Solok Religious Court in determining the amount of alimony for wives and child custody in divorce cases. This study also evaluates the driving and inhibiting factors faced by judges in exercising this discretion, by examining the alignment of their decisions with the principles of Islamic family law. The research method employed was qualitative field research. Primary data sources were obtained through direct interviews with the Panel of Judges, while secondary data were sourced from official divorce case documents at the Kotobaru Solok Religious Court. Data collection techniques included observation, interviews, and documentation, which were then analyzed using domain, taxonomic, and conventional analysis methods, and strengthened by source and time triangulation techniques to ensure data validity. The results indicate that the application of judges’ discretion in determining alimony for wives after a divorce is significantly influenced by the dynamics of the parties’ social and economic conditions. Judges strive to strike a balance between the husband’s financial capabilities and the wife’s basic needs, based on the principles of maqasid sharia, particularly in maintaining the safety of life (hifz an-nafs) and protecting property (hifz al-mal). Regarding child custody, judicial discretion is fully oriented toward the best interests of the child to ensure a healthy physical and emotional growth and development environment, in accordance with the principle of hifz an-nasl. Decisions made through this discretion aim to achieve balanced, substantial justice for all parties without disregarding Quranic principles, such as Surah At-Talaq verse 7, which emphasizes providing maintenance according to one’s ability. Integrally, the practice of discretion at the Kotobaru Solok Religious Court has proven consistent in protecting the rights of vulnerable wives and children within the framework of Islamic law.
Category: Research Article
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Legal Analysis of the Rejection of Marriage Isbat in Siri Marriages and the Determination of the Status of Legitimate Children in the Case Study of Decision Number: 129/Pdt.P/2024/PA.Bsk
This study analyzes Batusangkar Religious Court Decision No. 129/Pdt.P/2024/PA-Bsk, which simultaneously rejected a request for marriage confirmation (isbat nikah) but granted a request to determine the child’s status as legitimate. This case is interesting because it reflects the tension between the principle of legal certainty of marriage and the protection of children’s rights in religious court practice in Indonesia. This study used a qualitative, analytical, and descriptive approach with field research methods. Primary data were obtained through in-depth interviews with the three judges who heard the case and the applicants. In addition, the researcher analyzed the decision documents and case files. Secondary data came from the Marriage Law, the Compilation of Islamic Law (KHI), Constitutional Court Decision No. 46/PUU-VII/2010, literature on munakahat fiqh (jurisprudence), and the concept of maqashid sharia. The results indicate that the panel of judges rejected the marriage confirmation request because the applicants’ marriage violated the provisions prohibiting marriage as stipulated in Article 40 (a) of the KHI in conjunction with Article 9 of Law Number 1 of 1974 concerning Marriage. One of the parties is still bound by a previous marriage, potentially leading to the practice of polyandry and undermining the sanctity of the institution of marriage. Nevertheless, the judge granted the child’s status as legitimate, primarily considering the child’s best interests and the principle of welfare (maslahah). The judge argued that the child should not be held responsible for the parents’ mistakes. This granting of the child’s status provides legal certainty for the child to obtain a birth certificate, family card, rights to maintenance, guardianship, and inheritance rights. This decision represents a harmony between positive legal certainty and the maqasid sharia, particularly hifz al-nasl (protection of offspring). This study concludes that the judge applied a progressive and humane approach in resolving the conflict between the validity of the marriage and the protection of children’s rights.
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Legal Analysis of the Rejection of Marriage Isbat in Siri Marriages and the Determination of the Status of Legitimate Children in the Case Study of Decision Number: 129/Pdt.P/2024/PA.Bsk
This study analyzes Batusangkar Religious Court Decision No. 129/Pdt.P/2024/PA-Bsk, which simultaneously rejected a request for marriage confirmation (isbat nikah) but granted a request to determine the child’s status as legitimate. This case is interesting because it reflects the tension between the principle of legal certainty of marriage and the protection of children’s rights in religious court practice in Indonesia. This study used a qualitative, analytical, and descriptive approach with field research methods. Primary data were obtained through in-depth interviews with the three judges who heard the case and the applicants. In addition, the researcher analyzed the decision documents and case files. Secondary data came from the Marriage Law, the Compilation of Islamic Law (KHI), Constitutional Court Decision No. 46/PUU-VII/2010, literature on munakahat fiqh (jurisprudence), and the concept of maqashid sharia. The results indicate that the panel of judges rejected the marriage confirmation request because the applicants’ marriage violated the provisions prohibiting marriage as stipulated in Article 40 (a) of the KHI in conjunction with Article 9 of Law Number 1 of 1974 concerning Marriage. One of the parties is still bound by a previous marriage, potentially leading to the practice of polyandry and undermining the sanctity of the institution of marriage. Nevertheless, the judge granted the child’s status as legitimate, primarily considering the child’s best interests and the principle of welfare (maslahah). The judge argued that the child should not be held responsible for the parents’ mistakes. This granting of the child’s status provides legal certainty for the child to obtain a birth certificate, family card, rights to maintenance, guardianship, and inheritance rights. This decision represents a harmony between positive legal certainty and the maqasid sharia, particularly hifz al-nasl (protection of offspring). This study concludes that the judge applied a progressive and humane approach in resolving the conflict between the validity of the marriage and the protection of children’s rights.
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The Recognition of Isbat Talak in the Protection of Women’s Rights: A Comparative Analysis of Egyptian and Moroccan Law From the Perspective of Maqashid Al-Shariah
Marriage in Islam is viewed as a sacred and strong bond, or mitsaqan ghalidzan. However, in Indonesian social reality, the practice of divorce under the hand or outside the courts is still common. This phenomenon triggers serious legal problems due to the legal vacuum regarding the isbat talak regulation in the national legal system. Without formal state approval, the legal status of wives and children is often neglected, resulting in the loss of post-divorce rights such as custody, maintenance, and access to civil registration. This research uses a normative juridical approach through a comparative study of family law in Indonesia with regulations in Egypt and Morocco. Theoretically, the analysis is based on legal theory as a means of societal renewal and the theory of legal positivization to transform religious norms into written positive law. Furthermore, the Maqasid Syari’ah perspective is used to ensure that each proposed regulation aligns with the goal of protecting the interests of religion, life, descendants, intellect, and property for Muslim families. The research findings indicate that Indonesia urgently needs to strengthen the regulation of divorce confirmation (isbat talak) to bridge the dualism between the religious validity of divorce and the legality of state administration. A comparison with Egypt and Morocco found that integrating stricter regulations regarding divorce ratification can provide greater legal certainty for the public. This strengthening measure is considered a strategic solution to create legal order and guarantee the constitutional rights of family members, who have been vulnerable to uncertainty. In conclusion, strengthening the regulation of divorce confirmation (isbat talak) through positive law is an urgent need to achieve legal justice for families in Indonesia. Transforming Islamic legal norms into national legislation will ensure that legal protection for wives and children is no longer partial, but comprehensive and formally binding. Thus, the purpose of marriage, which is to create welfare, can be maintained even if the union ends in divorce.
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The Recognition of Isbat Talak in the Protection of Women’s Rights: A Comparative Analysis of Egyptian and Moroccan Law From the Perspective of Maqashid Al-Shariah
Marriage in Islam is viewed as a sacred and strong bond, or mitsaqan ghalidzan. However, in Indonesian social reality, the practice of divorce under the hand or outside the courts is still common. This phenomenon triggers serious legal problems due to the legal vacuum regarding the isbat talak regulation in the national legal system. Without formal state approval, the legal status of wives and children is often neglected, resulting in the loss of post-divorce rights such as custody, maintenance, and access to civil registration. This research uses a normative juridical approach through a comparative study of family law in Indonesia with regulations in Egypt and Morocco. Theoretically, the analysis is based on legal theory as a means of societal renewal and the theory of legal positivization to transform religious norms into written positive law. Furthermore, the Maqasid Syari’ah perspective is used to ensure that each proposed regulation aligns with the goal of protecting the interests of religion, life, descendants, intellect, and property for Muslim families. The research findings indicate that Indonesia urgently needs to strengthen the regulation of divorce confirmation (isbat talak) to bridge the dualism between the religious validity of divorce and the legality of state administration. A comparison with Egypt and Morocco found that integrating stricter regulations regarding divorce ratification can provide greater legal certainty for the public. This strengthening measure is considered a strategic solution to create legal order and guarantee the constitutional rights of family members, who have been vulnerable to uncertainty. In conclusion, strengthening the regulation of divorce confirmation (isbat talak) through positive law is an urgent need to achieve legal justice for families in Indonesia. Transforming Islamic legal norms into national legislation will ensure that legal protection for wives and children is no longer partial, but comprehensive and formally binding. Thus, the purpose of marriage, which is to create welfare, can be maintained even if the union ends in divorce.
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GEN-CRISP: Non-Invasive Diagnostic Imaging Using CRISPR Nanoparticle Hyperspectral AI for Rapid Detection of Antibiotic Resistance Genes (ARGs) in Pathogenic Bacterial Infections
The global escalation of antimicrobial resistance (AMR) represents a critical challenge to modern healthcare systems, driven by the proliferation of antibiotic resistance genes (ARGs) in pathogenic bacteria. This study aims to analyze the potential of a non-invasive diagnostic approach integrating CRISPR-based nanoparticles, hyperspectral imaging, and artificial intelligence (AI) for rapid ARG detection. A qualitative approach was employed using library research methods, content analysis, and theoretical review of recent scientific literature. Epidemiological data indicate that AMR was directly responsible for approximately 1.27 million deaths and associated with 4.95 million deaths globally, while more than 2.8 million resistant infections occur annually in the United States. In Southeast Asia, resistance prevalence in Escherichia coli exceeds 50% for third-generation cephalosporins, highlighting diagnostic urgency. The analysis reveals that conventional diagnostic methods, such as culture and PCR, are limited by time constraints and operational complexity. In contrast, the proposed integration of CRISPR-nanoparticle biosensors with hyperspectral imaging enables non-invasive detection via exhaled breath, producing fluorescence signals in the near-infrared spectrum. AI-based computer vision further enhances real-time analysis with reported diagnostic accuracy reaching 97–98% and processing time under 20 minutes. The findings suggest that this integrated system significantly improves early detection, reduces diagnostic delays, and supports targeted antibiotic therapy. In conclusion, non-invasive CRISPR-based hyperspectral AI diagnostics present a promising, efficient, and scalable solution to mitigate AMR impact and strengthen global health resilience.
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The Use of Interactive Digital Learning Media to Enhance Primary School Pupils’ Motivation to Learn
This study aims to analyse the use of interactive digital learning media at primary school level, examine its impact on pupils’ learning motivation, and identify the factors influencing the effectiveness of its use. This study employs a qualitative approach using library research, in which data were obtained from various academic sources, including journal articles, academic books, and relevant research reports. Data analysis was conducted using content analysis to identify patterns, relationships, and trends in findings related to the use of interactive digital media in learning. The results of the study indicate that interactive digital learning media contribute significantly to enhancing students’ learning motivation through the presentation of interactive, multimodal, and contextual material, thereby encouraging active engagement and strengthening intrinsic motivation. However, the effectiveness of its use is influenced by various factors, including teachers’ digital and pedagogical competencies, the availability of technological infrastructure, the quality of media design, as well as policy support and the school environment. The implications of this research underscore the importance of systematically planning and implementing interactive digital media in accordance with pedagogical principles in order to achieve optimal learning outcomes. The novelty of this research lies in its comprehensive synthesis of the latest literature, which provides a holistic perspective on the role of interactive digital media in enhancing primary school pupils’ motivation to learn, as well as serving as a conceptual foundation for the development of innovative and adaptive learning strategies
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The Concept of Legal Subject in Islamic Law and Positive Law
Indonesia, as a rule of law state that recognizes every person as an actor under the law, means that every person is recognized as a legal subject. The provisions regarding humans as legal subjects are regulated in Islamic law, referred to as mahk?m ?alaih, as mukallaf individuals. The term legal subject then continued to develop beyond individuals, namely legal entities. This paper aims to illustrate the differences and similarities in the concept of legal subjects in Islamic law and positive law. This research is a library study with a qualitative approach to examine the application of the legal subject concept in Islamic law and positive law in Indonesia. The main data source in this research is from written sources directly related to the study. In data analysis, the author uses qualitative analysis by coding data, reducing data, and drawing conclusions. The development of the term “legal entity” in Indonesia has progressed alongside the enactment of several Islamic laws and regulations, such as the law on waqf, the law on zakat management, the law on Religious Courts, the Compilation of Islamic Law, and the Compilation of Sharia Economic Law (KHES). The conclusion of this writing is that, in essence, Islamic Law is the command/message of God regarding the actions of the mukallaf, whether in the form of obligation (takl?f), choice (takhy?r), or determination (wad??). Islamic law according to Us?liyy?n is God’s action in establishing the law, but according to Fuqah??, law is the effect or consequence of God’s command/message. Meanwhile, positive law is the command and judgment regarding an action as good or bad, as well as the relationship between one person and an action of another person, which makes this person connect themselves with this action.
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The Use of Interactive Digital Learning Media to Enhance Primary School Pupils’ Motivation to Learn
This study aims to analyse the use of interactive digital learning media at primary school level, examine its impact on pupils’ learning motivation, and identify the factors influencing the effectiveness of its use. This study employs a qualitative approach using library research, in which data were obtained from various academic sources, including journal articles, academic books, and relevant research reports. Data analysis was conducted using content analysis to identify patterns, relationships, and trends in findings related to the use of interactive digital media in learning. The results of the study indicate that interactive digital learning media contribute significantly to enhancing students’ learning motivation through the presentation of interactive, multimodal, and contextual material, thereby encouraging active engagement and strengthening intrinsic motivation. However, the effectiveness of its use is influenced by various factors, including teachers’ digital and pedagogical competencies, the availability of technological infrastructure, the quality of media design, as well as policy support and the school environment. The implications of this research underscore the importance of systematically planning and implementing interactive digital media in accordance with pedagogical principles in order to achieve optimal learning outcomes. The novelty of this research lies in its comprehensive synthesis of the latest literature, which provides a holistic perspective on the role of interactive digital media in enhancing primary school pupils’ motivation to learn, as well as serving as a conceptual foundation for the development of innovative and adaptive learning strategies
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The Concept of Legal Subject in Islamic Law and Positive Law
Indonesia, as a rule of law state that recognizes every person as an actor under the law, means that every person is recognized as a legal subject. The provisions regarding humans as legal subjects are regulated in Islamic law, referred to as mahk?m ?alaih, as mukallaf individuals. The term legal subject then continued to develop beyond individuals, namely legal entities. This paper aims to illustrate the differences and similarities in the concept of legal subjects in Islamic law and positive law. This research is a library study with a qualitative approach to examine the application of the legal subject concept in Islamic law and positive law in Indonesia. The main data source in this research is from written sources directly related to the study. In data analysis, the author uses qualitative analysis by coding data, reducing data, and drawing conclusions. The development of the term “legal entity” in Indonesia has progressed alongside the enactment of several Islamic laws and regulations, such as the law on waqf, the law on zakat management, the law on Religious Courts, the Compilation of Islamic Law, and the Compilation of Sharia Economic Law (KHES). The conclusion of this writing is that, in essence, Islamic Law is the command/message of God regarding the actions of the mukallaf, whether in the form of obligation (takl?f), choice (takhy?r), or determination (wad??). Islamic law according to Us?liyy?n is God’s action in establishing the law, but according to Fuqah??, law is the effect or consequence of God’s command/message. Meanwhile, positive law is the command and judgment regarding an action as good or bad, as well as the relationship between one person and an action of another person, which makes this person connect themselves with this action.
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Administration and Religious Dilemma: Implementation of SPTJM in the Heart of Minangkabau (Case Study of Harau District)
Unregistered marriages (nikah siri) remain a significant social phenomenon in the Minangkabau community, particularly in Harau District, Lima Puluh Kota Regency, West Sumatra. To address administrative barriers for children from these marriages, the government implemented the Absolute Statement of Responsibility (SPTJM) policy based on Minister of Home Affairs Regulation Numbers 108 and 109 of 2019, which allows for the inclusion of “Unregistered Marriage” status on Family Cards (Kartu Keluarga) and the issuance of complete birth certificates. This study analyzes the effectiveness of SPTJM implementation in Harau District and the dilemmas it raises from a maqasid sharia perspective, focusing on hifz al-nasl (protection of offspring) and hifz al-mal (protection of property). Using a qualitative juridical-empirical approach, data were collected through semi-structured interviews with couples using SPTJMs, those involved in unregistered marriages, employees of the Civil Registration Office (Disdukcapil), the Office of Religious Affairs (KUA), the Religious Court, and religious leaders, complemented by source and method triangulation. The research results show that the SPTJM effectively provides beneficial benefits in the form of quick and affordable access to children’s administrative rights (identity, education, health, and social assistance), thus partially supporting hifz al-nasl. However, this policy creates more dominant long-term benefits, such as substantive legal uncertainty (difficulties in claiming inheritance and joint property), socio-customary conflicts (stigma and disputes over high inheritance rights in the Minangkabau matrilineal system), and a decline in interest in marriage confirmations, which weaken the obligation for official registration (Article 7 of the Compilation of Islamic Law). This article concludes that there is a dilemma between temporary administrative benefits and long-term damage to Islamic family law. The proposed recommendation is synergy between institutions (Disdukcapil, KUA, Religious Courts, and traditional leaders) through an affordable mass marriage confirmation program and outreach based on the maqasid sharia (Islamic principles) to maximize the necessities of life and minimize the mafsadah within the Minangkabau indigenous community.
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Podcast-Based Digital Health Education to Improve Patient Safety and Quality Management in Primary Healthcare Services at Baitul Qurro School Clinic
Primary healthcare facilities play an important role in providing basic health services to the community. One of the key aspects in improving the quality of healthcare services is the implementation of quality management and patient safety. However, in many primary healthcare facilities, healthcare workers’ understanding of healthcare quality management and patient safety remains limited. In addition, the use of digital media as a medium for health education has not been utilized optimally. This community service activity aims to improve healthcare workers’ understanding of healthcare quality management and patient safety, as well as to develop podcast-based health education media as a means of disseminating health information to the public. The activity was carried out at the Baitul Qurro School Clinic through educational sessions, training, podcast production, and assistance in the implementation of patient safety practices. The results of the activity indicate an improvement in healthcare workers’ understanding of quality management and patient safety concepts, as measured through a comparison of pre-test and post-test scores. In addition, this activity produced a health education podcast discussing patient safety and healthcare quality management topics that can be accessed through digital platforms. This community service activity contributes to improving the capacity of healthcare workers and expanding public access to health information through digital media. The use of podcasts as a health education medium is expected to become an innovative approach to improving public health literacy and supporting the enhancement of healthcare service quality in primary healthcare facilities.