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All Journal IDEAS: Journal on English Language Teaching and Learning, Linguistics and Literature Jurnal Ilmiah Al-Syir'ah
Muhammad Tahmid Nur
Universitas Islam Negeri Palopo
Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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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.
Negotiating Islamic Identity Through Cultural Adaptation: A Fiqh al-Aqalliyyat Analysis of Masselle aseng Practice in Indonesian Muslim Minorities Muhammad Tahmid Nur; Rismawati Rismawati; Amirullah Amirullah; Javaid Ahmad Wagay; Elmiati Nurdin
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3132

Abstract

This research analyzes the negotiation of Islamic identity through adaptation of the masselle aseng tradition (name-changing ritual) in Indonesian Muslim minority communities using the fiqh al-aqalliyyat framework. Using a comparative ethnographic approach, the research was conducted in three locations: Teteuri Village, North Luwu (Muslim majority context); Bugis Village, Singaraja, Bali (Muslim minority in Hindu majority); and Bugis Village, Ambon (post-conflict multireligious context). Data were collected through in-depth interviews with 18 key informants, participant observation, document analysis, and interfaith dialogue. Findings reveal a three-stage evolution model: Pure Form in a homogeneous context (Luwu), Syncretistic Fusion through interfaith collaboration (Bali), and Universalistic Translation with neutral framing (Ambon). Demographic factors, cultural compatibility, historical context, and social integration need to be systematically considered in adaptation strategies. Islamic legal validation through 'urf sahih principles evolves from internal mechanisms to collaborative authority involving non-Muslim perspectives. Interfaith dynamics produce three engagement models: separation, active collaboration, and diplomatic neutrality. The research contributes to the fiqh al-aqalliyyat theory through the development of a dynamic authenticity framework that positions adaptation as a sophisticated survival strategy for maintaining traditional continuity while achieving social integration. This framework has broad applicability for global Muslim minority communities in navigating cultural preservation challenges and social harmony.
Co-Authors Ahmad Agum Manoppo Amirullah Amirullah Elmiati Nurdin Firman Muhammad Arif Javaid Ahmad Wagay Rismawati Rismawati