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All Journal Jurnal Syariah, Hukum, dan Ekonomi Islam
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.
An Analysis of the Increasing Divorce Rate in Tlogo Village, Tretep District, Temanggung Regency Zaenal Arifin; Alifka Nur Ikhsan; 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

This study is motivated by the increasing divorce rate in Tlogo Village, Tretep District, Temanggung Regency, Indonesia, where marital dissolution has become a growing social concern. Divorce is influenced by various interrelated factors that undermine marital stability and family cohesion. This study aims to analyze the factors contributing to the rising divorce rate and to examine these factors from the perspective of Islamic law. Employing a qualitative research design with an empirical juridical approach, the study collected data through in-depth interviews, document analysis, and a literature review. The data were analyzed using data reduction, data display, and conclusion drawing techniques. The findings reveal that the rising divorce rate is primarily driven by economic hardship, emotional and psychological immaturity of spouses, prolonged marital conflicts, extramarital affairs, long-term separation, and domestic violence. These factors hinder the realization of the fundamental objectives of marriage, namely establishing a harmonious, stable, and prosperous family. From the perspective of Islamic law, divorce is recognized as a lawful but exceptional remedy when marital relationships result in persistent harm (mafsadah) and reconciliation is no longer attainable. Consequently, divorce is regarded as a legitimate legal mechanism to prevent greater harm and to preserve the welfare (maslahah) of both spouses
Co-Authors Alifka Nur Ikhsan Eko Sariyekti Makhbub Hidayatur Rohman Muhammed Zaki Tamami