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All Journal Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam
Syaifuddin Syaifuddin
Institut Agama Islam Negeri Ternate
Religion Law, Crime, Criminology & Criminal Justice

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SULUP MARRIAGE AND LEGAL PLURALISM: NEGOTIATING CUSTOMARY, ISLAMIC, AND STATE LAW IN TIDORE SOCIETY Abu Sahman Nasim; Syaifuddin Syaifuddin; Marwa Marwa; Rifda Nasir; Muhammad Ufuqul Mubin; Abu Sanmas
JURNAL HAKAM Vol 10, No 2 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i2.15150

Abstract

This study examines the socio-legal construction of the Sulawesi marriage tradition as a traditional marriage practice in the community of Gamtufkange Village, Tidore Islands City, as well as its interaction with Islamic law and state law. Nikah sulup is a procession of marriage contracts that is carried out behind closed doors before the implementation of the official contract in front of the headman, which is based on a certain time calculation by the traditional elders by looking at the positions of the moon and stars. This study uses a qualitative method with a sociology of law and 'urf approaches, through observation, interviews, and documentation. The results of the study show that sulup marriage is seen as a form of cultural effort to avoid things that are considered bad in domestic life, as well as provide psychological calm for couples. From a socio-legal perspective, this practice reflects the existence of legal pluralism, where customary norms coexist and negotiate with sharia norms and state law. Normatively, sulup marriage has not met the formal legal requirements of the state so that an official re-contract is still carried out. However, in the perspective of 'urf, this tradition can be categorized as 'urf sahih as long as it does not contradict the basic principles of sharia. This research confirms that law is not only understood as a normative text, but also as a social practice that lives in society.
SHARIA GOVERNANCE AND THE CHALLENGES OF SYSTEMIC FINANCING RISK: A CRITICAL ANALYSIS OF THE DYNAMICS OF DSN-MUI FATWAS Asep Hedi Turmudi; Syaifuddin Syaifuddin; Rusmiyanti Wontami; Samad Umarama; Abu Sanmas
JURNAL HAKAM Vol 10, No 2 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i2.15070

Abstract

Indonesia's Islamic finance industry faces a new challenge when the DSN-MUI fatwa, as a normative guideline, must be translated into the bank's evolving policies and operational practices. This study aims to understand how sharia actors—DSN, DPS, regulators, and bank management—experience, interpret, and manage the dynamics of fatwas in the context of systemic financing risk. Using a grounded theory approach with an emphasis on subjective experience, data is collected through in-depth interviews and observations to capture the meanings, perceptions, and dilemmas experienced by stakeholders. The findings show that the fatwa translation process is a complex social experience, characterized by negotiations of religious understanding, time asynchrony between financial innovation and fatwa response, and the interpretive burden felt by industry players when faced with regulatory gray areas. Actors portray fatwas as a guideline that gives direction, but at the same time a source of uncertainty when its application is not uniform. These dynamics shape risk vulnerabilities that are not only technical, but also psychological and institutional. This research emphasizes the importance of more responsive fatwa communication, increasing the capacity of sharia governance, and strenGraunded Theoryhening risk mitigation mechanisms based on understanding the experiences of industry players. Overall, the study provides a new perspective on how fatwas work in practice and how those dynamics affect the stability of the Islamic financial system.
Co-Authors Abu Sahman Nasim Abu Sanmas Asep Hedi Turmudi Marwa Marwa Muhammad Ufuqul Mubin Rifda Nasir Rusmiyanti Wontami Samad Umarama