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All Journal Al-Mizan (e-Journal)
Rizal Darwis
Institut Agama Islam Negeri Sultan Amai Gorontalo, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Persepsi Masyarakat Kecamatan Telaga Kabupaten Gorontalo Tentang Pantangan Perkawinan Pada Bulan Tertentu Ira Suryani Mustapa; Rizal Darwis; Ahmad Faisal
Al-Mizan (e-Journal) Vol. 20 No. 2 (2024): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v20i2.5222

Abstract

This study aims to determine the perception of the community in Telaga District, Gorontalo Regency about the form of abstinence in carrying out marriages in certain months. This research is a field research with data collection methods such as interview, questionnaire, and documentation. The use of interviews with traditional leaders, religious leaders, academics and the community. The data that has been collected is analysed with descriptive qualitative. The results showed that the existence of good day dating still exists and is so attached to the people of Telaga Subdistrict. They still believe and maintain the habits of their parents. The majority of the people of Telaga Subdistrict believe that marriage in a certain month that is allowed contains sacredness and goodness, but if the marriage is carried out in a certain month that is prohibited it will get disaster. The implementation of this tradition is a form of devotion and respect for ancestors, as well as an effort to create a marriage and household that is sakinah, mawaddah warahmah as mandated by Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law.
Kontestasi Hukum dan Pergeseran Paradigma Keadilan: Negosiasi Harta Bawaan Pasca Perceraian Pada Masyarakat Kabila Bone, Provinsi Gorontalo Rizal Darwis
Al-Mizan (e-Journal) Vol. 22 No. 2 (2026): Al-Mizan (e-Journal) (in press)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v22i2.8421

Abstract

This study examines disputes over inherited property (harta bawaan) after divorce in Kabila Bone District, Bone Bolango Regency, focusing on the dispute resolution process and family considerations in determining property allocation. Using qualitative research methods with a descriptive-analytical approach, the study collected data through in-depth interviews and observations of community leaders, religious figures, village heads, and parties involved in divorce disputes. The results show that inherited property disputes are resolved through two main channels: family deliberation and court litigation, with deliberation being the dominant approach, considered faster, cheaper, and better at maintaining social harmony. The key finding is a strong social consensus in the Kabila Bone community to prioritize the interests and welfare of children as victims of divorce, rather than strict adherence to formal law that treats inherited property as the personal property of each spouse. Family considerations are strongly influenced by Islamic religious values, customary law, and the active role of community leaders and village governments as mediators. This study also identifies legal ambiguity as the root of the problem, particularly the vagueness of Article 37 of Law No. 1/1974, which leaves property division to respective laws and results in multiple interpretations and conflicts between legal systems (religious, customary, and state law). This research's scientific contribution is identifying a responsive law that lives in society, prioritizing substantive justice and child protection over legal formalism. This research recommends strengthening the role of religious courts by incorporating local wisdom values, providing mediation training for customary and religious leaders, and socializing prenuptial agreements to provide legal certainty for the community.
Dinamika Otoritas dan Kontestasi Yurisprudensi dalam Pembaruan Hukum Keluarga Islam di Indonesia Rizal Darwis
Al-Mizan (e-Journal) Vol. 20 No. 2 (2024): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v20i2.8426

Abstract

This study critically examines the dynamics of jurisprudence as a source of law in Islamic family law in Indonesia, focusing on the contestation of authority between nash (Qur'an and Hadith), classical fiqh, legislation, and judicial decisions. Using normative-empirical legal research with qualitative content analysis of Religious Court and Supreme Court decisions from 2010-2025, the study reveals three main findings. First, authority contestation among legal sources is dialectical and productive for legal reform, with jurisprudence serving as an arena for legitimacy negotiation through methodological tools such as ijtihad, istihsan, and maslahah mursalah. Second, a significant paradigm shift from formalism toward substantive justice is evident, particularly in marital property cases, which have shifted from 50:50 division to proportional distribution based on economic contribution and unpaid domestic work. Third, legal formalization through the Compilation of Islamic Law (KHI) provides legal certainty but creates tension with judicial ijtihad, necessitating strengthening jurisprudence as a pilot instrument for reform. The study concludes that jurisprudence is a vital instrument bridging classical doctrine and contemporary justice demands, though its function remains in tension with state formalization efforts.
Co-Authors Ahmad Faisal Ira Suryani Mustapa