Zaenal Arifin
STAIA Syubbanul Wathon Magelang, Indonesia;

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Management of Disputed Inheritance Assets from the Perspective of Islamic Law and Positive Law Makhbub Hidayatur Rohman; Eko Sariyekti; Zaenal Arifin
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 3 No. 1 June 2025: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v3i1.622

Abstract

The cancellation of the grant in kaloran through deliberation occurred, causing several plots of land to become disputed. The people involved chose to avoid settlement in court which they considered complicated and required more energy, so they chose to remain silent and ignore it, making the land dispute last for a long time. This creates a special incident where the land continues to be managed even though there has been no definite decision on the owner without causing conflict and remaining harmonious because the local community is known for its tolerance. So this study aims to determine the views of Islamic law and positive law on the management of disputed land in Kaloran District, Temanggung Regency. The research conducted applies a qualitative research method, with a sociological approach with primary data obtained through observation, and interviews, directly to related informants, while secondary data is obtained from books, journals, articles and laws. Dispute Land Management is permitted for several reasons, namely that there is no party who feels disadvantaged, there are no claims or lawsuits, and there are no articles violated by the land manager. Management does not cause conflict and disputes because the local community is a harmonious and tolerant area so that the incident is allowed with understanding because disputes over property are still considered embarrassing.
Marriage Prohibition in the Ngliwati Segoro Getih Tradition: Perspectives from Islamic Law and Human Rights Zaenal Arifin; Nashih Muhammad; Salsabila; Muhammed Zaki Tamami
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 1 (2026): Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v4i1.673

Abstract

Every region has its own distinct traditions in conducting marriage ceremonies. In certain communities, traditions are believed to bring blessings and are therefore preserved across generations. One such belief exists in Gemawang Village, where marriage is prohibited if the route to the prospective groom’s house passes through the birthplace of the prospective bride’s mother. This tradition, known as Ngliwati Segoro Getih, is believed to bring misfortune if violated. However, this belief has generated social problems and potential conflicts, particularly among younger generations who increasingly question the relevance and rationality of such myths. This study aims to examine the practice of the Ngliwati Segoro Getih tradition in Gemawang Village, Temanggung Regency, and to analyze it from the perspectives of Islamic Law and Human Rights. The research adopts a descriptive qualitative approach with field research as its design. Data were collected through direct observation, interviews with community leaders, religious figures, and local residents, as well as document analysis. The data were analyzed through data reduction, data presentation, and conclusion drawing, with methodological triangulation employed to ensure data validity.The findings indicate that the Ngliwati Segoro Getih tradition constitutes a prohibition of marriage between a man and a woman when the groom’s residence route passes through the village of the bride’s mother’s origin. From the perspective of Islamic law, this tradition lacks a strong normative basis, as it does not fall under the categories of prohibited marriage due to lineage (nasab), marital affinity (mushaharah), or breastfeeding relations (rada‘ah). From a human rights perspective, the tradition is a cultural practice rather than a legally binding norm and may potentially violate human rights by restricting individual freedom in choosing a life partner. This is an open-access article under the CC–BY-SA license.