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All Journal Pendas : Jurnah Ilmiah Pendidikan Dasar Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Ainol Yaqin
Universitas Islam Negeri Madura
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PERAN KUA KECAMATAN PAKONG DALAM PENANGANAN DISPENSASI NIKAH PASCA PERUBAHAN UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERKAWINAN Siti Zulfatul Mahmudah; Ainol Yaqin
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 02 (2026): Volume 11 No. 2, Juni 2026 Release
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i02.48695

Abstract

This study aims to examine the role of the Pakong District Office of Religious Affairs (KUA) in handling marriage dispensation cases after the amendment of Law Number 16 of 2019 concerning Marriage, which sets the minimum marriage age at 19 years for both men and women. This research employed a qualitative approach using interviews, observations, and documentation methods. The findings indicate that the Pakong District KUA plays a role in providing education, marriage guidance, and administrative services related to marriage dispensation applications. However, its implementation still faces several challenges, including low public legal awareness, cultural factors, and socio-economic conditions that contribute to the high number of marriage dispensation requests. Therefore, cooperation between the KUA, families, and the community is needed to reduce the rate of early marriage.
Institutionalizing Moderate Islamic Legal Reasoning: An Istinbāṭ Framework for Contemporary Islamic Law Ainol Yaqin; Muhid Muhid; Saude Saude; Muhammad Taufiq; Abdelmalek Aouich
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 11 No. 1 (2026): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Faculty of Sharia, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v11i1.11266

Abstract

Contemporary Islamic legal discourse is often shaped by tensions between rigid textualism and unrestricted contextualism, creating challenges for developing legal rulings that are both normatively grounded and socially responsive. Although religious moderation and istinbāṭ al-aḥkām have been studied before, there has been no discussion on how moderation can be incorporated into this process. The current study aims at studying istinbāṭ approach where moderation becomes part of the process of producing legal rulings. In order to address the research objectives, a qualitative case study design was employed. Data collection was conducted using semi-structured interviews with 12 participants, non-participant observations in 8 sessions of legal reasoning, and analysis of institutional documents and fatwa books. As results show, religious moderation is perceived as a process whereby the balance between texts, context, and objectives of Islamic law is achieved. Religious moderation is operationalized through two approaches: the first is Qawlī Intiqādī, which includes critical evaluation and selection of juristic opinions, while the other is Manhajī and includes derivation of the rulings from texts, principles, and objectives of Islamic law. Moreover, the results show that the involvement of multiple actors in collective reasoning, consulting with different specialists, and considering the public welfare are important for arriving at context-sensitive legal rulings.
Co-Authors Abdelmalek Aouich Muhammad Taufiq Muhid Muhid Saude Saude Siti Zulfatul Mahmudah