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All Journal Taushiah: Jurnal Hukum, Pendidikan dan Kemasyarakatan
Syarifuddin Elhayat
Universitas Islam Sumatera Utara
Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Concept of Khuruj and its Relationship to Family Maintenance Among Tabligh Jamaat Members Marina Marina; Syarifuddin Elhayat; Sumiati Sumiati
Taushiah: Jurnal Hukum, Pendidikan dan Kemasyarakatan Vol 15, No 1 (2025): Taushiah: Jurnal Hukum, Pendidikan dan Kemasyarakatan
Publisher : Fakultas Agama Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/taushiah.v15i1.14289

Abstract

This study aims to analyze the fulfillment of family financial support by husbands who undertake khuruj as part of the missionary activities of Jamaah Tabligh at Markaz Madani, North Sumatra, and to examine it from the perspectives of Islamic law, the Marriage Law, and the Compilation of Islamic Law. This study employed an empirical method with a qualitative approach and a case study design. Data were collected through interviews, observations, and documentation involving the Amir, religious teachers, Jamaah Tabligh members who had participated in khuruj, and their wives. Data were analyzed through data reduction, data presentation, and conclusion drawing, while data validity was established through source and technique triangulation. The findings indicate that khuruj is not regarded as a reason for husbands to neglect their obligation to provide financial support for their families. Before departure, members generally prepare their families’ needs, save money, adjust the duration of khuruj to their financial capacity, and discuss the plan with their wives. This practice is generally consistent with marriage law and the Compilation of Islamic Law as long as the needs of wives and children remain adequately fulfilled. Thus, maintaining a balance between missionary activities and family responsibilities is essential in conducting khuruj.
Reconstruction of the Management Model of Pusako Tinggi from the Perspective of Islamic Law Fikri Aqil; Syarifuddin Elhayat; Sumiati Sumiati
Taushiah: Jurnal Hukum, Pendidikan dan Kemasyarakatan Vol 15, No 2 (2025): Taushiah: Jurnal Hukum, Pendidikan dan Kemasyarakatan
Publisher : Fakultas Agama Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/taushiah.v15i2.14356

Abstract

This study analyzes control rights over pusako tinggi under Minangkabau custom, its legal status when no successor to customary authority remains, and its transformation into public waqf. The legal research applies normative juridical and conceptual approaches, supported by statutory analysis and a socio-legal inquiry in Jorong Marambung, Nagari Baringin, Palembayan District, Agam Regency. Data were obtained through literature review, in-depth interviews, and documentation, then analyzed through reduction, narrative display, conclusion drawing, and verification. The findings show that pusako tinggi remains the collective property of the clan, while the mamak kepala waris holds a managerial trust. The absence of a successor does not automatically convert it into individual property while the clan continues to exist. Formally, pusako tinggi is not family waqf because it was not established by a founder, intention, and waqf declaration, although its features resemble a quasi-family endowment. Transformation into public waqf is possible when management fails, deliberation secures approval from the clan, customary leaders, and Nagari Customary Council, and a waqf pledge and nazir appointment follow. This model preserves the asset and connects customary with Islamic law.
Co-Authors Fikri Aqil Marina Marina Sumiati Sumiati