Understanding the Complexity of Executions in Religious Courts: Between Legal Mandates and Field Realities

Authors

  • Muhamad Fakhrudin Universitas Sultan Ageng Tirtayasa, Banten-Indonesia Author
  • Muhammad Nasir Sekolah Tinggi Agama Islam Al-Musdariyah Cimahi, Indonesia Author
  • Nandang Akhmad Kosasih Sekolah Tinggi Agama Islam Al-Musdariyah Cimahi, Indonesia Author

DOI:

https://doi.org/10.70691/assuadi.v1i1.5

Keywords:

religious courts, implementation, legal theory

Abstract

This article examines the complexities in the implementation of rulings in religious courts, highlighting the division between legal theory and its practical implementation in the field. Religious courts, as important institutions in a country's legal system, aim to uphold justice in the legal context of Islam or other religions. However, behind the clear legal mandate, there are real challenges in the execution of judgments, reflecting the reality of social, cultural, and political complexity. The analysis in this article refers to the difference between an ideal legal theory and the often complex reality of the field. Factors such as social norms, gender inequality, and changes in societal values can affect executions in religious courts. In addition, limited resources, lack of legal infrastructure, and administrative challenges are also major obstacles. Using a multidimensional approach, this article explores various aspects that influence the effectiveness of executions in religious courts. This provides a deeper understanding of the complexities of the legal system and highlights the need for a holistic approach in understanding and addressing these challenges. In this context, the article also evaluates reform efforts that can be undertaken to improve efficiency and fairness in the implementation of rulings in religious courts. In conclusion, this article asserts that to understand and address the complexities of executions in religious courts, a comprehensive approach is needed that considers both legal aspects and social, cultural, and political realities on the ground. Thus, this article is expected to serve as a basis for further discussion and reform efforts in the religious justice system.

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Published

2024-10-31

How to Cite

Understanding the Complexity of Executions in Religious Courts: Between Legal Mandates and Field Realities. (2024). International Journal of As Suadi: Law and Sharia Review, 1(1), 67-88. https://doi.org/10.70691/assuadi.v1i1.5