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All Journal International Journal of Health, Economics, and Social Sciences (IJHESS)
M. Ali Rusdi
Pascasarjana Institut Agama Islam Negeri (Iain) Parepare
Economics, Econometrics & Finance Public Health Social Sciences

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Deauthorization of Illegal Officiants in Siri Marriages in Mallusetasi District, Barru Regency Abdul Rahman Awan; Sudirman; Zainal Said; Fikri; M. Ali Rusdi
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 2: April 2024 - International Journal of Health, Economics, and Social Sciences (IJHESS)
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i2.4616

Abstract

This research discusses the Illegal Officiating in Siri Marriages in Mallusetasi District, Barru Regency, that siri marriages are marriages that are not registered with the Office of Religious Affairs (KUA) and are not in accordance with State laws and regulations. This type of research is field research which is carried out in the middle of the research object in order to find out and obtain clear data using qualitative description methods. Research carried out in the field examines problems of a qualitative nature. The data collected is generally in the form of words, pictures and number books. The data collection uses observation, interview and documentation techniques, by analyzing the data using data reduction, data presentation and drawing conclusions. The process of solving the main problem is of course in accordance with the main problem of formulating. The results of this research are. 1) The Social Context of Siri Marriage in Mallusetasi District, Barru Regency, the most important thing is the validity of the marriage according to religious (Islamic) law, even though legally in the country the marriage does not have legal legality. 2) The implementation procedure for a Siri Marriage in Mallusetasi District, Barru Regency is not much different from an official marriage. Siri marriages carried out in the village are legal if the harmony is fulfilled and the marriage is carried out by a local religious shop or Imam who is considered by the community to understand Islam. 3) Illegal Penghulu Authority in Siri Marriages in Mallusetasi District, Barru Regency. In fact, the celebrant does not have any authority but only helps the community to carry out their wedding. Even the informant himself still advised the public to take matters into their own hands with the KUA
Implementation of PMA No. 3 of 1999 in Empowering Sakinah Families in the District Community. Alla Kab. Enrekang H. Mahmuddin; Sudirman; M. Ali Rusdi; Agus Muchsin; Suarning
International Journal of Health, Economics, and Social Sciences (IJHESS) (Special Issue) - International Journal of Health, Economics, and Social Sciences (IJHESS) - January
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i1.5786

Abstract

A The general aim of this research is to find out the culture and traditions in families in the district. Alla Kab. Enrekang, To find out the strategic steps taken by religious affairs in building a sakinah family in the district. Alla Kab. Enrekang, and to find out the implementation of PMA No. 3 of 1999 in Empowering Sakinah Families in the District Community. Alla Kab. Enrekang. This type of research is qualitative research carried out at the Religious Affairs Office (KUA) Kec. Alla Kab. Enrekang. The main instruments of this research are observation, interviews and documentation. Data sources are primary data and secondary data. The research results show that first; Culture and traditions in families in Kec. Alla Kab. Enrekang is a wedding tradition in Alla District, Enrekang Regency as a result of the integration of Islamic culture and local culture, producing local wisdom which contains Islamic values ??as the basis of life for the local community. The main values ??contained in it are the value of kamassangsuranan (brotherhood), the value of taratte' (manners), and the value of majiongan penawa (humbleness). Secondly; Strategic steps taken by religious affairs in building a sakinah family in the district. Alla Kab. Enrekang, namely a) Pre-marital guidance through marriage age and suscatin programs, b) Routine counseling to the community, c) Guidance on religious aspects through taklim assemblies and Friday worship, and third; Implementation of PMA No. 3 of 1999 in Empowering Sakinah Families in the District Community. Alla Kab. Enrekang shows positive results by improving the quality of family life through programs that focus on education, welfare and strengthening family values. This policy has succeeded in fostering harmonious relationships within families and strengthening community participation in social and economic activities, although there are still challenges in terms of adapting programs to specific local needs. Overall, PMA No. 3 of 1999 plays an important role in improving the social structure of families and encouraging the creation of a more stable and prosperous society in the district. Alla Kab. Enrekang.
The Position of Siri's Husband Regarding the Distribution of Inheritance Assets in the Case at the Enrekang Religious Court from an Islamic Legal Perspective (Determination Study Number 161/PDT.P/2022/PA EK) Abd Jamil Salam; Rusdaya Basri; M. Ali Rusdi; Aris; Saidah
International Journal of Health, Economics, and Social Sciences (IJHESS) (Special Issue) - International Journal of Health, Economics, and Social Sciences (IJHESS) - January
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i1.5792

Abstract

The main problems in this research are 1) What are the Judge's Legal Considerations in Decision Number 161/Pdt.P/2022/Pa Ek?. 2) What is the Position of Siri's Husband as the Heir of Siri's Wife from a National Law Perspective? 3) What is the Position of Siri's Husband? As the Heir of Siri's Wife Seen from the Perspective of Islamic Law? This research uses a type of library research with a normative juridical approach. Data collection techniques using document studies (library materials). The theories used are utility theory and legal certainty theory. The results of the research concluded that 1) The judge's legal considerations in Judge Determination Number 161/Pdt.P/2022/Pa Ek were that the panel of judges did not include the husband of the deceased as an heir because there was no clarity regarding the condition of the deceased's husband. And there is no legally registered marriage registration. Therefore, the heirs from the unregistered marriage only fell to the deceased's biological mother and her 2 children. 2) The position of the unregistered husband as the legal representative of the unregistered wife, viewed from the perspective of national law, is that in an unregistered marriage there is no distribution of assets to the wife or children resulting from an unregistered marriage, unless there is an agreement or civil agreement between the husband and wife only. The existence of an agreement in a deed made before a Notary opens up opportunities for wives and children resulting from unregistered marriages to receive a share of the mutually beneficial assets. An unmarried wife/husband can obtain mutually beneficial assets through a mediation or negotiation process between husband and wife, with the help of a legal consultant or the family. 3) The position of the unregistered husband as the wawris expert of the unregistered wife is viewed from the perspective of Islamic law. In this case it can be said that a marriage that does not meet the provisions of maqashid sharia is considered not in accordance with the purpose of the marriage itself so that the marriage is not fulfilled.
Co-Authors Abd Jamil Salam Abdul Rahman Awan Agus Muchsin Aris Fikri H. Mahmuddin Rusdaya Basri Saidah Suarning Sudirman Zainal Said