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All Journal Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial Indonesian Journal of Shariah and Justice Majapahit Journal of Islamic Finance dan Management
Alimuddin, Harwis
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Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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PRAKTIK POLIGAMI TANPA IZIN DI BACAN TIMUR HALMAHERA SELATAN Coronas, Ahmad Abdullah; Sanmas, Abu; Umasugi, Nirwan; Harwis, Harwis; Abubakar, Fatum
Indonesian Journal of Shariah and Justice Vol. 3 No. 1 (2023)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/ijsj.v3i1.48

Abstract

The practice of polygamy without a permit in the East Bacan District, South Halmahera Regency. This study aims to find the main issues that underlie the occurrence of the practice of polygamy without a permit in the East Bacan District, South Halmahera Regency. This study is field research. The research method used is descriptive qualitative research, namely a type of research that provides a systematic and factual description of situations and events regarding factors, characteristics and relationships between phenomena, with theoretical, normative and empirical juridical approaches. This study concluded that the implementation of polygamy without a permit in East Bacan District was carried out through cases of premarital pregnancy and coupled with low public awareness regarding the importance of marriage procedures. The limited budget and human resources owned by the East Bacan District KUA in conducting outreach to the people of East Bacan District have triggered the lack of attention from the Office of the Religious Affairs Office of Bacan District to minimize the incidence of polygamy without a permit in East Bacan District. The implementation of polygamy without a permit in East Bacan District had legal impacts, including the weak legal status of marriage, the absence of birth certificates for children born in polygamous marriages without permission.
Requirements of Polygamy by Muhammad Shahrur and It’s Relevance to Indonesian Society Alimuddin, Harwis; Abbas, Abdul Haris; Amir, Indriyani; Syatar, Abdul
Media Syari'ah Vol 26 No 1 (2024)
Publisher : Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v26i1.22719

Abstract

Muhammad Shahrur has a different view about polygamy from other scholars. According to him, polygamy is only permitted for widows who have orphans. This condition applies to second, third and fourth wives. This requirement refers to the principle of protection for widows and the principle of justice towards orphans. This research is descriptive qualitative research. The data collection technique is a literature study by exploring various literature, both literature in the form of books and articles related to Muhammad Shahrur's thoughts. Likewise, it is related to the social conditions of Indonesian society, especially the phenomenon of polygamy in Indonesia. This research explores Muhahmmad Shahrur's opinion regarding the requirements for polygamy and looks at its relevance to social conditions in society. This research concludes that the conditions for polygamy expressed by Muhammad Shahrur are very relevant and can bring benefits if implemented and legislated into regulations in Indonesia. First, because polygamy regulations in Indonesia adhere to the principle of open monogamy. Second, polygamy can be a solution for widows and their orphaned children in Indonesia who face many problems. Third, polygamy is not prescribed to cause problems, but to provide solutions. Including solutions to social conditions in society.
Analysis of Islamic Law Sources on Positive Law in Handling Cases of Domestic Violence at the Ternate Police Masri, Rahman; Situmorang, Jubair; Alimuddin, Harwis
Majapahit Journal of Islamic Finance and Management Vol. 5 No. 1 (2025): Islamic Finance and Management
Publisher : Department of Sharia Economics Institut Pesantren KH. Abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/mjifm.v5i1.381

Abstract

This study aims to analyze the integration between Islamic law and positive law in handling Domestic Violence (KDRT) cases at Ternate Police Department. The background of the research is based on the high number of domestic violence cases in Ternate and the need for a legal approach adaptive to the local socio-religious context. The research problem focuses on how the integration between these two legal systems is applied in practice. This study employs empirical legal research methods with juridical-empirical, normative, sociological, and philosophical approaches. Data collection techniques include interviews, observation, documentation, and literature review. The findings reveal that the Ternate Police Department implements a hybrid justice approach, combining positive law enforcement and settlement based on Islamic islah values. This approach demonstrates efforts to adapt national law to the social realities of Ternate society without neglecting the protection of victims' rights. The main obstacles are cultural patriarchal pressure and the victims’ economic dependency; however, collaboration with social institutions strengthens the effectiveness of case handling. This study concludes that the integration of Islamic law and positive law in Ternate can serve as an alternative model for addressing domestic violence in culturally religious regions.
Co-Authors Abbas, Abdul Haris Amir, Indriyani Coronas, Ahmad Abdullah Fatum Abubakar Masri, Rahman Sanmas, Abu Situmorang, Jubair Syatar, Abdul Umasugi, Nirwan