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All Journal IDEAS: Journal on English Language Teaching and Learning, Linguistics and Literature
Firman Muhammad Arif
Universitas Islam Negeri Palopo
Languange, Linguistic, Communication & Media

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Sadd al-Zari'ah and Extra-Judicial Divorce: A Critical Discourse Analysis of MUI Fatwa and KHI Legal Frameworks Ahmad Agum Manoppo; Firman Muhammad Arif; Muhammad Tahmid Nur
IDEAS: Journal on English Language Teaching and Learning, Linguistics and Literature Vol. 13 No. 2 (2025): IDEAS: Journal on English Language Teaching and Learning, Linguistics and Lite
Publisher : Universitas Islam Negeri Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/ideas.v13i2.5888

Abstract

The objective of this research is to examine the "comparison of the law on divorce outside the court from the perspective of Sadd al-zari'ah in the MUI fatwa and KHI." This study employs library research using a descriptive analysis method, which involves collecting, organizing, classifying, and interpreting data. The findings of this study reveal that the law on divorce outside the court, according to the MUI fatwa of 2012, states that such a divorce is valid if it meets certain conditions, including the presence of a shar'i reason, the wife's iddah period starting from the pronouncement of divorce, and a subsequent report to the court. In contrast, according to the KHI, as stipulated in Articles 115 and 117, divorce is only valid if conducted in the presence of a religious court hearing, making divorces outside the court invalid. The analysis of Sadd al-zari'ah suggests that the KHI's perspective is more relevant in preventing harm, such as ambiguity in marital status, administrative difficulties in marriage registration, and neglect of the rights of wives and children. Therefore, the MUI fatwa of 2012 requires reformulation to better align with contemporary contexts and minimize the negative impacts of divorces occurring outside the court.
Critical Discourse Analysis of the Existence of Gauk Lao Tengngae Cultural Values in Resolving Family Conflicts and Strengthening Religious Moderation in Palopo City Rafikatul Aulia Sultan; Abdain; Firman Muhammad Arif
IDEAS: Journal on English Language Teaching and Learning, Linguistics and Literature Vol. 13 No. 2 (2025): IDEAS: Journal on English Language Teaching and Learning, Linguistics and Lite
Publisher : Universitas Islam Negeri Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/ideas.v13i2.7875

Abstract

Gauk Lao Tengngae is a local cultural tradition of the Luwu community that plays a strategic role in resolving family conflicts and is an important instrument in strengthening religious moderation in Palopo City. In the context of a multicultural society, the values contained in this tradition require in-depth analysis to understand their relevance to contemporary social dynamics. This study aims to critically analyze the discourse that has developed around the existence of Gauk Lao Tengngae cultural values in resolving family conflicts, as well as to explore its contribution to strengthening religious moderation in Palopo City through a critical discourse analysis approach. The study uses a qualitative approach with the Norman Fairclough model of critical discourse analysis (CDA). Data were obtained through in-depth interviews with traditional figures, religious leaders, and families who have experienced conflict and practice the Gauk Lao Tengngae tradition. The analysis was conducted in three dimensions: text, discursive practices, and socio-cultural practices. The analysis shows that Gauk Lao Tengngae cultural values contain principles of moderation that are in line with the teachings of religious tolerance, including: (1) the principle of deliberation and consensus in resolving conflicts; (2) respect for inclusive ancestral wisdom; (3) a mediation mechanism that prioritizes social harmony; and (4) the integration of universal human values across religions. The dominant discourse that has developed indicates that this tradition functions as a "cultural bridge" that strengthens social cohesion in a multi-religious society. Gauk Lao Tengngae has been proven to have a strong existence as social capital in strengthening religious moderation in Palopo City. The values contained therein can be a model for conflict resolution based on local wisdom, while strengthening tolerance and harmony between religious communities. This study recommends the need for revitalization and institutionalization of the Gauk Lao Tengngae tradition as part of a strategy for developing a moderate and tolerant national character.
Co-Authors Abdain Ahmad Agum Manoppo Muhammad Tahmid Nur Rafikatul Aulia Sultan