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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 : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 26, No 1 (2024)
Publisher : Sharia and Law Faculty

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

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.

Kawin Beda Agama Dan Nasab Anak Perspektif Kompilasi Hukum Islam Abbas, Abdul Haris; Djalal, Marini abdul
AL-WARDAH: Jurnal Kajian Perempuan, Gender dan Agama Vol 16, No 2 (2022): Edisi Desember
Publisher : IAIN TERNATE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/al-wardah.v16i2.956

Perkawinan beda agama sebagai fakta sosial, menjadi persoalan yang tak pernahberujung pada satu kesepakatan, kehadirannya senantiasa menempati duapolemik, yaitu pendapat yang membolehkan dan pendapat yang tidakmembolehkan. Menyikapi hal tersebut, Kompilasi Hukum Islam (KHI) sebagaihukum terapan Pengadilan Agama, juga tidak luput membahas perkawinan bedaagama dalam pasal-pasalnya serta memberi batasan yang cukup jelas terkaitdengan perkawinan tersebut dalam konteks kemaslahatan kehidupan kaumMuslim di Indonesia.

ANALISIS FAKTOR PENYEBAB TINGGINYA ANGKA KASUS CERAI GUGAT/KHULU’ DI PENGADILAN AGAMA KELAS 1A KOTA TERNATE : ANALISIS FAKTOR PENYEBAB TINGGINYA ANGKA KASUS CERAI GUGAT/KHULU’ DI PENGADILAN AGAMA KELAS 1A KOTA TERNATE Stomer, Alfandi; Abdul Djalal, Marini; Abdullah, Baharuddin; Abbas, Abdul Haris; Harwis, Harwis
Indonesian Journal of Shariah and Justice Vol. 3 No. 2 (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.v3i2.70

The reason for the high rate of divorce and divorce is no longer unstoppable, this is due to a shift in social values in society. In the last three years, the total data from 2019- 2021 was 1,929 cases consisting of 1,313 cases of contested divorce and 616 cases of talak divorce. The formulation of the problem in this research is what factors cause lawsuit divorce and analysis of the causes of the high number of lawsuit divorce cases in the Religious Courts. The type of research used is empirical juridical research using two approach methods, namely the statutory approach and the case approach, using data collection techniques by means of observation, interviews and documentation. The research results explain that first, there are four factors that cause divorce, including educational factors, economic factors, legal awareness factors, and parental interference factors. Second, of the several factors that cause divorce, the reason for the high number of divorce cases is an inseparable part of the reasons for divorce as stated in Law of the Republic of Indonesia Number 16 of 2019 concerning Marriage and also Government Regulation Number 9 of 1975 concerning Implementation of the Law. Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage.

KETAATAN MASYARAKAT DESA BAHU HALMAHERA SELATAN TERHADAP LARANGAN PERKAWINAN BULAN MUHARRAM PERSPEKTIF SOSIOLOGI HUKUM ISLAM Sahrul, Rudi Sahrul; Abbas, Abdul Haris; Giling, Mustamin
Indonesian Journal of Shariah and Justice Vol. 4 No. 1 (2024)
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.v4i1.99

AbstractThe people of South Halmahera, especially Bahu Village, have a prohibition on marriage in the month of Muharram, they are not allowed to hold weddings, the prohibition on marriage is due to several influencing factors, the customary rules that prohibit marriage in the month of Muharram are a fear factor, the community believes that if they violate tradition they will experience disaster, such as the wedding not going smoothly, the family is not harmonious, the family economy will decline and it will be difficult to restore it, and the psychological factor is that people who violate the customary rules of marriage during the month of Muharram often have arguments in their households, there is no peace and discomfort. Meanwhile, in the sociological theory of Islamic law, the factors that influence the prohibition of marriage in the month of Muharram must also be seen from a historical, social and religious perspective. On the other hand, the tradition of prohibiting marriage during the month of Muharram is maintained because the custom of using traditional figures as role models is inherited from ancestors. The aim of the research is to determine the community's understanding of the custom of prohibiting marriage in the month of Muharram in Bahu1 Village, to find out the factors that influence community compliance with the custom of prohibiting marriage in the month of Muharram, to find out the community's obedience to the custom of prohibiting marriage in the month of Muharram from an Islamic Legal Sociology Perspective. The data collection method is through surveys, documentation and in-depth interviews with the community related to the research objectives. Data analysis is carried out by data reduction and data presentation, namely the process of compiling complex information in a systematic form so that it is simpler and its meaning can be understood. Results and discussion, consider factors that show that the obedience of the Bahu Village community to the prohibition of marriage in the month of Muharram can be understood as the result of a complex interaction between social, cultural and Islamic legal factors. Demonstrates the importance of understanding the local context and social dynamics in analyzing behavior and compliance with the prohibition on marriage in the month of Muharram, which is still considered 'urf shahih, carried out by the people of Bahu Village Keywords: Prohibition of Marriage in the Month of Muharram, Sociological Perspective, Islamic Law

Defamation of Family Reputation on Social Media According to Positive Law and Islamic Law: A Case Study at Ternate Police Department Fara, Yudi; Abbas, Abdul Haris; Husein, Muhammad AR.
Majapahit Journal of Islamic Finance and Management Vol. 5 No. 2 (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.v5i2.450

This study aims to analyze the handling of family defamation cases on social media from the perspectives of positive law and Islamic law, using a case study at the Ternate Police Department. The increasing number of cases over the past five years indicates that social media has become a new arena for conflict, significantly affecting family reputation. This research employs a qualitative approach with a juridical-empirical method. Data collection techniques include observation, in-depth interviews, documentation, and literature review. The findings reveal that the Ternate Police adopt a combination of litigative approaches based on the Electronic Information and Transactions Law (ITE Law) and the Indonesian Penal Code (KUHP), alongside non-litigative approaches through restorative justice mechanisms. From the Islamic law perspective, defamation is seen as a violation of ḥifẓ al-ʿirḍ (protection of dignity), which can be resolved through principles such as iṣlāḥ (reconciliation) and social repentance. The application of criminological theories—strain, differential association, broken windows, and deterrence—strengthens the understanding of offender motives and patterns of deviance in digital spaces. In conclusion, addressing family defamation requires an integrative approach that combines legal enforcement, Islamic ethical principles, and adaptive social responses to digital-era challenges.

Defamation of Family Reputation on Social Media According to Positive Law and Islamic Law: A Case Study at Ternate Police Department Fara, Yudi; Abbas, Abdul Haris; Husein, Muhammad AR.
Majapahit Journal of Islamic Finance and Management Vol. 5 No. 2 (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.v5i2.450

This study aims to analyze the handling of family defamation cases on social media from the perspectives of positive law and Islamic law, using a case study at the Ternate Police Department. The increasing number of cases over the past five years indicates that social media has become a new arena for conflict, significantly affecting family reputation. This research employs a qualitative approach with a juridical-empirical method. Data collection techniques include observation, in-depth interviews, documentation, and literature review. The findings reveal that the Ternate Police adopt a combination of litigative approaches based on the Electronic Information and Transactions Law (ITE Law) and the Indonesian Penal Code (KUHP), alongside non-litigative approaches through restorative justice mechanisms. From the Islamic law perspective, defamation is seen as a violation of ḥifẓ al-ʿirḍ (protection of dignity), which can be resolved through principles such as iṣlāḥ (reconciliation) and social repentance. The application of criminological theories—strain, differential association, broken windows, and deterrence—strengthens the understanding of offender motives and patterns of deviance in digital spaces. In conclusion, addressing family defamation requires an integrative approach that combines legal enforcement, Islamic ethical principles, and adaptive social responses to digital-era challenges.

Reconstruction of the Concept of Nusyūz in Islamic Law: Perspectives of Religious Figures in Ternate, Indonesia Alimuddin, Harwis; Djalal, Marini Abdul; Abbas, Abdul Haris; Syatar, Abdul; Haq, Islamul
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/07a9hd02

This research aims to examine and reconstruct the concept of nusyūz and the phrase idribūhunna as found in Surah Al-Nisa (4:34), with particular focus on how these concepts are perceived by religious leaders in Ternate City. The purpose of the study is to offer a more humanistic and contextually relevant interpretation of nusyūz that aligns with the dynamics of modern family life. Methodologically, this study adopts a qualitative approach, combining library research with fieldwork. The library research explores classical Islamic jurisprudence (fiqh) and Qur’anic exegesis (tafsir) related to nusyūz, while the fieldwork involves interviews with community and religious leaders in Ternate City. The data were analyzed using three theoretical frameworks: fiqh al-wāqi‘ (contextual jurisprudence), the theory of ‘urf (custom), and linguistic theory (ma‘nā al-ḥaml). The findings reveal that the interpretations held by many religious leaders continue to be shaped by patriarchal norms, leading to a rigid and gender-biased understanding of nusyūz. This study contributes originality by offering a linguistic and contextual reconstruction of the term, presenting nusyūz as a concept that encompasses broader relational disharmony rather than focusing solely on female disobedience. The implications of this research support the development of a more egalitarian and compassionate Islamic legal framework, particularly in addressing family issues in contemporary Muslim societies.

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

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.

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