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Judges' Legal Reasoning at the Bengkayang Religious Court in Granting Petitions for the Marriage Dispensation of Minors Under Law Number 16 of 2019 Rahel Dwi Maharani; Dzulkifli Al’Amin; Andi Muh. Taqiyuddin BN; Ahmad Nuh
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 4 No 3 (2026): 2026
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v4i3.9681

Abstract

This study aims to examine the legal reasoning of judges at the Bengkayang Religious Court in granting petitions for the marriage dispensation of minors. Marriage dispensation is a concession granted by the court to prospective spouses who have not reached the minimum marriageable age of 19 years, as regulated under Law Number 16 of 2019. In deciding a marriage dispensation petition, judges do not rely solely on juridical aspects but are also obliged to consider the facts established through evidence as well as the needs of the petitioners, with the prevention of harm as the primary consideration. This study employs an empirical juridical method with a qualitative approach. The data sources consist of primary data in the form of interviews with judges and the Bengkayang Religious Court Decree Number 5/Pdt.P/2026/PA.Bky, as well as secondary data in the form of legislation, books, and legal journals. The findings show that, in deciding petitions for the marriage dispensation of minors, the Bengkayang Religious Court relies on the prevailing legal foundations and applies specific considerations adapted to the facts and conditions of the petitioners, so that decisions—whether granted or rejected—aim to eliminate harm to the parties. This study also highlights the norms governing marriage dispensation within the family law system in Indonesia and assesses the consistency of their application from the filing of the petition to the judge's decision.
The Concept of Pre-marital Taaruf in Building Harmonious Families at Yayasan Amal Jariyah Indonesia, South Sulawesi Muhammad Saeful Haq; Hannani; Zainal Said; Dzulkifli Al’Amin; Andi Muh. Taqiyuddin BN
Jurnal QOSIM : Jurnal Pendidikan, Sosial & Humaniora Vol 4 No 3 (2026): 2026
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/jq.v4i3.9493

Abstract

The increasing need for a sharia-compliant pre-marital acquaintance model amid widespread free association and high divorce rates has positioned taaruf as a relevant alternative for preparing prospective couples. This study aims to describe the concept of pre-marital taaruf applied at Yayasan Amal Jariyah Indonesia (YAJI) in South Sulawesi, to analyze its implications for forming a harmonious family, and to identify its supporting and inhibiting factors. This research employed a qualitative approach with an intrinsic case-study design; data were collected through in-depth interviews, observation, and documentation involving foundation administrators, taaruf mentors, and program alumni, and were analyzed through data reduction, data display, and conclusion drawing with source triangulation. The results show that taaruf at YAJI is implemented through structured stages, namely biodata submission, kafaah-based matching, istikharah, gradual biodata exchange, nazhar, khitbah, and marriage, under mediator guidance and family involvement while maintaining sharia principles. Taaruf positively contributes to family harmony through information openness, shared religious values, character understanding, effective communication, and continuous post-marital mentoring, indicated by the absence of divorce among alumni couples. The main supporting factors include shared vision, openness, family support, mediator guidance, and sustainable mentoring, whereas the inhibiting factors involve socio-cultural considerations of kafaah (ethnicity and family background) and the limited number of marriage-ready male participants. This study concludes that institutionally managed taaruf constitutes a sharia-based pre-marital mentoring model that constructively shapes harmonious families through the integration of Islamic values, institutional guidance, and family support. The increasing need for a sharia-compliant pre-marital acquaintance model amid widespread free association and high divorce rates has positioned taaruf as a relevant alternative for preparing prospective couples. This study aims to describe the concept of pre-marital taaruf applied at Yayasan Amal Jariyah Indonesia (YAJI) in South Sulawesi, to analyze its implications for forming a harmonious family, and to identify its supporting and inhibiting factors. This research employed a qualitative approach with an intrinsic case-study design; data were collected through in-depth interviews, observation, and documentation involving foundation administrators, taaruf mentors, and program alumni, and were analyzed through data reduction, data display, and conclusion drawing with source triangulation. The results show that taaruf at YAJI is implemented through structured stages, namely biodata submission, kafaah-based matching, istikharah, gradual biodata exchange, nazhar, khitbah, and marriage, under mediator guidance and family involvement while maintaining sharia principles. Taaruf positively contributes to family harmony through information openness, shared religious values, character understanding, effective communication, and continuous post-marital mentoring, indicated by the absence of divorce among alumni couples. The main supporting factors include shared vision, openness, family support, mediator guidance, and sustainable mentoring, whereas the inhibiting factors involve socio-cultural considerations of kafaah (ethnicity and family background) and the limited number of marriage-ready male participants. This study concludes that institutionally managed taaruf constitutes a sharia-based pre-marital mentoring model that constructively shapes harmonious families through the integration of Islamic values, institutional guidance, and family support.
A BRIEF REVIEW OF SIYASAH SYAR’IYYAH’S PRINCIPLES ON COMMUNITY PARTICIPATION IN THE FORMULATION OF LOCAL REGULATION NUMBER 2 OF 2022 CONCERNING ACCOUNTABILITY FOR THE IMPLEMENTATION OF THE REGIONAL BUDGET IN SOPPENG REGENCY Ahmad Faisal Faisal; Andi Tenripadang; Kiljamilawati; Andi Muh. Taqiyuddin BN
Law Journal (LAJOUR) Vol 7 No 2 (2026): Law Journal (LAJOUR) Juni 2026
Publisher : LPPM Universitas Bina Insan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32767/lajour.v7i2.376

Abstract

This study aims to analyze the role of community participation in the drafting of Local Regulation (Perda) Number 2 of 2022 concerning Accountability for the Implementation of the Regional Budget (APBD) in Soppeng Regency from the perspective of siyasah syar'iyyah. The objectives of this study are based on the following main issues: (1) How does community participation in the drafting of local regulations provide input at each stage of the regulation formation process? (2) How does the perspective of siyasah syar'iyyah view community participation in the drafting of regional regulations?This study uses a qualitative method with a juridical-sociological approach. Data collection was carried out through document analysis, interviews with policy makers, and observation of the legislative process in Soppeng Regency. The data obtained was analyzed descriptively and analytically to describe community involvement in the local regulation drafting process and explore its involvement with the principles of siyasah syar'iyyahThe results of this study show that, overall, although community participation has been implemented, there is a need for improvement in the existing mechanisms. Local governments and regional representative councils need to increase socialization, expand access to information, and create more inclusive and representative spaces for participation. These steps will make community participation more substantial and have a significant impact on the quality of the local regulations draft
Utilization of Zakat for Persons with Disabilities in a Muslim-Minority Region: Study in Tana Toraja Rahmawati Muin; Ayu Ruqayyah Yunus; Andi Muh. Taqiyuddin BN; Suprijati Sarib; Ega Rusanti; Muh. Bambang Taufik
Jurnal Ilmiah Al-Syir'ah Vol 24, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v24i1.3272

Abstract

This study examines the institutional challenges of zakat distribution for persons with disabilities in Tana Toraja, a Muslim-minority region in Indonesia. Using a qualitative fieldwork design, data were collected through semi-structured interviews with BAZNAS officials, local government representatives, disability organization actors, and zakat beneficiaries. The findings show that zakat assistance for persons with disabilities remains at an early and fragmented stage. Productive assistance has been provided in the form of livestock, while consumptive assistance has addressed basic needs; however, the program has not yet been institutionalized in BAZNAS Tana Toraja’s short-, medium-, or long-term planning. The absence of an integrated disability database, weak coordination with local agencies, limited fiscal support, and the lack of local zakat regulation constrain program sustainability. Using Talcott Parsons’ AGIL framework, this study argues that adaptation and integration have begun but remain partial, while goal attainment and latency have not been fully achieved. The article contributes to Islamic economic law by highlighting the need for inclusive zakat governance in Muslim-minority regions.
THE IMPLEMENTATION OF LEGAL PROTECTION AGAINST CHILD MARRIAGE FROM THE PRIMARY MAṢLAḤAH PERSPECTIVE Andi Alauddin; Kiswa Alnadira; Andi Muh. Taqiyuddin BN; Jusalim Sammak; Sapriadi
Jurnal Al-Ahkam: Jurnal Hukum Pidana Islam Vol 8 No 2 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam
Publisher : Universitas Islam Ahmad Dahlan (UIAD)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47435/al-ahkam.v8i2.4734

Abstract

This study aims to analyze the implementation of legal protection against underage marriage and evaluate it from the perspective of primary maṣlaḥah (Maqāṣid al-Sharīʿah), focusing on a case study in Lau District, Maros Regency. Employing a qualitative socio-legal approach, data were collected through in-depth interviews, observation, and document analysis involving marriage registrars at the Office of Religious Affairs (KUA), staff members of the Women's Empowerment and Child Protection Agency (DP3A), victims, and local community members. Data validity was assessed through triangulation. The findings reveal that legal protection has been implemented through preventive socialization programs, such as SAKINAH, BRUS, and BRUN, as well as through the rejection of marriage registration applications involving underage couples. However, implementation remains suboptimal due to the persistence of unregistered marriages (nikah siri) and marriage dispensations. From the perspective of Maqāṣid al-Sharīʿah, child marriage contradicts the core objectives of al-ḍarūriyyāt al-khamsah, particularly by threatening ḥifẓ al-nafs (health and safety), ḥifẓ al-ʿaql (education and intellectual development), ḥifẓ al-nasl (lineage and the welfare of offspring), and ḥifẓ al-māl (economic stability). To address these challenges, the study proposes an ideal model encompassing strengthened inter-institutional collaboration, continuous public outreach, stricter marriage-dispensation mechanisms involving psychologists and health professionals, post-marital support, and the integration of Maqāṣid al-Sharīʿah values into religious and community education.